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1
KARNATAKA ACT NO. 53 OF 2020
THE BRUHAT BENGALURU MAHANAGARA PALIKE ACT, 2020
Arrangement of Sections
STATEMENT OF OBJECTS AND REASONS
Sections:
1. Short title and commencement
2. Definitions
3. Corporation Authorities
4. Establishment of Bruhat Bengaluru Mahanagara Palike
5. Erection and maintenance of boundary marks
6. Duration of the Corporation
7. Delimitation of Wards
8. Constitution of the Corporation
9. Oath of allegiance to be taken by councilors
10. Declaration of assets etc
11. Term of office of Councilors
12. Division of the Corporation into Zones
13. Election to the Corporation
14. Electoral rolls
15. Electoral Registration Officer
16. Provision of polling stations
17. Appointment of Presiding Officers for polling stations
18. Qualifications for being a Councilor
19. Disqualifications of being a Councillor
20. Equality of votes
21. Publication of results
22. Election Petition
23. Grounds for declaring elections to be void
24. Procedure to be followed by the court
25. Decision of the Court
26. Appeal
27. Corrupt Practices
28. Promoting enmity between classes in connection with election
29. Prohibition of public meetings two days before preceding the
election day and on the election day
30. Disturbances at election meetings
31. Restrictions on the printing of pamphlets, poster and others
32. Maintenance of secrecy of voting
33. Prohibition of canvassing in or near polling stations
34. Penalty for disorderly conduct in or near polling stations
35. Penalty for illegal hiring or procuring of conveyances at elections
36. Breaches of official duty in connection with elections
37. Returning Officer, Presiding Officer, etc. deemed to be on
deputation to State Election Commission
38. Penalty for Government servant for acting as election agent,
polling agent or counting agent
39. Removal of electronic voting machine from polling station to be
an offence
40. Other offences and penalties therefor
41. Prosecution regarding certain offences
2
42. Right to vote
43. Account of election expenses and maximum thereof
44. Lodging of account with the returning officer
45. Failure to lodge an account of election expenses
46. Voting machines at elections
47. Power of Government to make rules for the purpose of election
48. Prohibition of simultaneous membership
49. Requisitioning of premises, vehicle, etc., for election purpose
50. Payment of compensation
51. Power to obtaining information
52. Power of Entry into and inspection of premises, etc
53. Eviction from requisitioned premises
54. Release of premises from requisitioning
55. Penalty for contravention of any order regarding requisition
56. Mayor and Deputy Mayor
57. Term of office of the Mayor and Deputy Mayor
58. Reservation of the office of the Mayor and Deputy Mayor
59. Powers and functions of the Mayor
60. Functions of the Deputy Mayor
61. Resignation of Mayor and Deputy Mayor
62. Honoraria, fees or allowances
63. Chief Commissioner
64. Powers and Functions of the Chief Commissioner
65. Chief Commissioner to carry on correspondence
66. Delegation of Chief Commissioner's ordinary power
67. Delegation of Chief Commissioner's extraordinary power
68. Custody of records
69. Control over Corporation establishment
70. Salary and Allowances of the Chief Commissioner
71. Appointment of officiating Chief Commissioner in case of death,
resignation or removal of Commissioner
72. Zonal Commissioner
73. Salary and Conditions of the Zonal Commissioner
74. Powers and Functions of the Zonal Commissioner
75. Establishment of a Constituency Consultative Committee
76. Functions of the Constituency Consultative Committee
77. Establishment of Zonal Committees
78. Powers and Functions of the Zonal Committee
79. Allocation of Funds
80. Establishment of Standing Committees
81. Powers and Functions of the Standing Committee
82. Constitution of the Ward Committee
83. Composition of the Ward Committee
84. Procedure for nomination as a member of the Ward Committee
85. Meeting of the Ward Committee
86. Functions of the Ward Committee
87. Allocation of Funds
88. Appointment of sub-committees
89. Determination of Areas
90. Constitution of Area Sabhas
91. Representatives of the Area Sabha
92. Meetings of the Area Sabha
93. Functions of the Area Sabha
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94. Power of councillors
95. Honorarium for Corporation members
96. Appeal to the Election of Mayor, Deputy Mayor etc
97. Appointment to certain posts under the corporations to be made
from Karnataka Municipal Administrative Service
98. Appointment of Engineer, Health Officer etc
99. Legal cell
100. Special appointments
101. Contribution in respect of Government servants
102. Establishment schedule
103. Reservation of posts for appointment
104. Punishment for corporation officers and other employees
105. Power of Government to make rules regarding the conditions of
service applicable to employees
106. General powers of the Corporation
107. Powers and Functions of the Corporation
108. Additional Functions assigned by the Government
109. First charge on Corporation Fund
110. Proceedings of the Corporation and standing committees
111. Obligation laid on remaining Corporation authorities to carry out
resolutions of the corporation
112. The Corporation may call for extracts from proceedings, etc.,
from the standing committee, etc
113. Proceedings of the corporation, etc., not vitiated by
disqualification, etc., of members thereof
114. Record of proceedings
115. Proceedings of meetings to be good and valid until contrary is
proved
116. The Chief Commissioner's right to attend and take part in
discussion but not to move resolution or to vote
117. The Councillors to refrain from taking part in discussion and
voting on questions in which they have pecuniary interest
118. Submission of administration report to the Government
119. Declaration of Essential Services, etc
120. Power of the Government to declare emergency
121. Power of the Government to call for records and to cause
inspection to be made
122. Power of the Government to take action in respect of matters
pending undisposed of before the corporation
123. The Government's power to direct the taking of action
124. The Government's power to appoint an officer to take action in
default, at the expense of the corporation
125. Submission of copies of resolution to the Government and the
Government's power to cancel resolution and orders
126. Power of the Government to dissolve the corporation
127. Appointment of Corporation Administrator
128. Establishment of performance management system
129. Property of the corporation
130. Disposal of property by the corporation
131. Acquisition of the property by the corporation
132. Properties of the Government managed by the corporation
133. Power of the Government to manage the corporation property
134. Decision of claims to the property by or against the corporation
4
135. Power of the Corporation to manage private property
136. Maintenance of the property register
137. Objects not provided for by this Act
138. Power of the corporation to enter into contracts
139. Invitation of tenders
140. Preparation of model tender document
141. Maintenance of database
142. Taxes Fee, Levy, Charge and Demand or by whatever name it may be
called which may be imposed
143. Levy of cesses
144. Description and class of tax on buildings or land or both
145. Publication of resolution with notice
146. Power to suspend, reduce or abolish any existing tax or cess
147. Payment of property tax
148. Demand for the payment of tax and recovery of taxes
149. Obligation of transferor and transferee to give notice of transfer
150. Review by the Chief Commissioner
151. Owner's obligation to give notice of construction or re-
construction or demolition of building
152. General exemptions
153. Property tax from whom and when payable
154. Preparation and publication of property tax register
155. Survey of lands and buildings and preparation of property register
156. Demand for payment of property tax and appeal against such
demand
157. Fee on advertisement
158. Prohibition of advertisements without written permission of the
Chief Commissioner
159. Permission of the Chief Commissioner to become void in certain
cases
160. Owner or person in occupation to be deemed responsible
161. Removal of unauthorised advertisement
162. Collection of fee on advertisement
163. The Chief Commissioner's power to call for information and to
enter upon premises and to condone omission to give notice
164. Recovery of surcharges and charges how made
165. Levy of entertainment tax
166. Levy of entertainment tax on complimentary ticket and
connections
167. Exemption from payment of entertainment tax for performing
any duty inside the place of entertainment
168. Furnishing security amount
169. Payment of taxes and filing of self-assessed returns for the
payment of entertainment tax
170. Failure to submit returns or provide adequate details in the
return
171. Appeal
172. Recovery of entertainment tax
173. Punishment for non-payment of entertainment tax
174. Punishment for willful suppression of information in the returns
175. Duty on transfer of immovable properties
176. Provisions applicable on the introduction of transfer duty
5
177. Power to make rules regarding assessment and collection of
transfer duty
178. Power to assess in case of escape from assessment
179. Appeal before the Karnataka Appellate Tribunal
180. Corporation Fund
181. Application of the Corporation Fund
182. Urban Transport Fund
183. Contribution to expenditure by the Corporation
184. Power of corporation to borrow money
185. Time for repayment of money borrowed under section 184
186. Limit of borrowing powers
187. Form and effect of debentures
188. Payment to survivors of joint payees
189. Receipt by joint holder for interest or dividend
190. Power of the corporation to consolidate loans
191. Priority of payments for interest and repayment of loans over
other payment
192. Attachment of corporation fund for recovery of money borrowed
from the Government
193. Preparation of the corporation budget
194. Budget estimates to be prepared by the standing committee for
taxation, finance and appeals or as the case may be, standing
committee for taxation and finance
195. Power of Corporation to alter budget grant
196. Obligation to pass budget before the beginning of the year
197. Corporation may pass supplemental budget
198. Re-adjustment of income and expenditure to be made by the
corporation during the course of the official year whenever
necessary
199. Preparation of a medium-term fiscal plan
200. Comprehensive Debt Limitation Policy
201. Mandatory compliance
202. Establishment of Sinking Fund
203. Investment of amount at the credit of the Sinking Fund
204. Application of the sinking fund
205. Annual statement by the Corporation
206. Attachment of the Corporation fund for recovery of money
borrowed from the Government
207. Appointment of the Chief Financial Officer
208. Annual Financial statement
209. Accounts and Audit
210. Vesting of Public streets in the Corporation and their
appurtenances in Corporation
211. Powers of the Zonal Commissioner in respect of public streets
212. Powers of the Chief Commissioner in respect of public streets
213. Power to make new public streets
214. Minimum width of new public streets
215. Power to prohibit use of public streets for certain kind of traffic
216. Owner’s obligation when dealing with land as building sites
217. Making of new private streets
218. Alteration or demolition of street made in breach of section 217
219. Power to dispose of permanently closed streets
220. Acquisition of land and buildings for improvement of streets
6
221. Powers to prescribe building line and street alignment
222. Restriction on erection of or addition to buildings within street
alignment or building line
223. Setting back projecting building or wall
224. Additional power of the Chief Commissioner to order settling
back of buildings to regular line of street
225. Power to declare any street as public street
226. Power of the Zonal Commissioner to Order work to be carried or
carried out himself in default
227. Prohibition of projections upon streets
228. Prohibition of structures or fixtures which cause obstruction in
streets
229. Removal of encroachments
230. Precautions during repair of streets
231. Streets not to be opened or broken up and building materials not
to be deposited thereon without permission
232. Right to receive compensation owing to any defect in public
street
233. Naming of Public streets
234. Numbering of Buildings
235. Provision for lighting of Public Streets
236. Prohibition of removal, of street lights
237. Power to allow certain projections and erections
238. Building bye-laws
239. Prohibition of construction without sanction
240. Procedure for grant of sanction of building plan
240A. Levy of imposts, restriction and condition.
240B. Power of the State Government to exempt or reduce fee levied or
charged or assessed.
240C. Validation of levy and collection of fees.
241. Obligation to provide for rain water harvesting structure
242. Application to construct or re-construct building
243. Period within which the Zonal Commissioner is to grant or refuse
to grant permission to execute work
244. Grounds on which approval of site for, or permission to construct
building, may be refused
245. Restriction on the power to sanction construction of a place of
entertainment in certain cases
246. Grant of completion certificate
247. Application of provisions to alterations and additions
248. Demolition or alteration of buildings or well work unlawfully
commenced, carried on or completed
249. Regularisation of certain unlawful buildings
250. Power of corporation to regulate future construction of certain
classes of buildings in particular streets or localities
251. Building at corner of streets
252. Penalty against jurisdictional officer failing to prevent
unauthorised deviations or constructions
253. Appeal against the decisions of the zonal commissioner
254. Prohibition of nuisance
255. Control of pollution and polluter pays principle
256. Precautions in case of dangerous structures
257. Precautions in case of dangerous trees
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258. Precautions in case of dangerous tanks, wells, holes etc
259. Precautions against fire
260. Removal of filth or noxious vegetation
261. Abatement of nuisance from dust, smoke, etc
262. Fencing of buildings or lands and pruning of hedges and trees
263. Building unfit for human habitation
264. Limitation of compensation
265. Duties of the Corporation with respect to public health
266. Corporation’s power to order or undertake sanitation of buildings
or sites
267. Power to notify dangerous Diseases
268. Disinfection of buildings and articles
269. Provision of places for disinfection and power to destroy infected
articles
270. Power to order closure of places of public entertainment
271. Prohibition against transfer of infected articles
272. Prohibition against infected person carrying on occupation
273. Prohibition against diseased person entering public conveyance
274. Disinfection of public conveyance after carriage of patients
275. Letting of infected building
276. Minor suffering from dangerous disease not to attend school
277. Provision as to library books
278. Power to prohibit use of water likely to spread infection
279. Compulsory vaccination
280. Obligation to give information of dangerous disease
281. Prohibition to enter the city
282. Power to stop dangerous quarrying
283. Power to order filling in pools, etc., which are a nuisance and
regulation of agriculture within the city
284. Management of disasters
285. Duty of the Corporation in handling solid waste
286. Entrustment of management and handling of solid wastes and
billing and collection of charges
287. Identification of places for disposal and final disposal of solid
waste
288. Duty of owners and occupiers of premises to store solid wastes at
the source of the generation
289. Duty of the corporation for handling different types of waste
290. Responsibilities of commercial waste generators
291. Functions of the Ward Committee
292. Duties of Ward Committees with regards to waste management
293. Ward Micro Plan
294. Training and public awareness
295. Reduction of waste by the Corporation
296. Penalties for contravention of waste management
297. Waste generated during public gatherings
298. Protection, Conservation and Maintenance of Urban Heritage
299. Preparation of List of Heritage Sites Including Heritage Buildings,
Heritage Precincts and Listed Natural Features Areas
300. Incentives for Heritage Buildings
301. Appointment of a Heritage Conservation Committee
302. Grading of Heritage Buildings and Sites
303. Functions of the Heritage Conservation Committee
8
304. Ownership not affected
305. Granting of license
306. Exemption of the Government from procuring license
307. Licenses and written permission to specify conditions on which
they are granted
308. Power of the Zonal Commissioner to stop use of premises used in
contravention of licenses
309. Inspection of places where sale is carried out
310. Power of the Zonal Commissioner for the purposes of inspection
311. Appeal to the Chief Commissioner
312. Period of limitation for appeals
313. Summons to attend and give evidence or produce documents
314. Consequences of failure to obtain licences, etc., or breach of the
same
315. Recovery of expenses from persons liable and limitation or
liability of occupier
316. Power to make rules
317. Power to make regulations
318. Power to make Bye-laws
319. Sanction of bye-laws by the Government
320. Conditions precedent to making of bye-laws
321. Power of the Government to make rules in lieu of bye-laws
322. Publication of rules, regulations and bye-laws
323. Exhibition of rules, bye-laws and regulations
324. Cognizance of offences
325. Corporation security force
326. Penalty for violation of the Act
327. Penalty for violation of the rules
328. Penalty for violation of the regulations
329. Penalty for violation of the Bye-laws
330. Penalty for un-authorised use of the corporation property
331. Penalty for leaving vehicle or animal in dangerous position in
public street
332. Compounding of offence
333. Power to give retrospective effect to certain bye-laws and
penalties for breaches of bye-laws
334. Indemnity to Government, Corporation authorities, officers and
servants
335. Sanction for prosecution of Mayor, Deputy Mayor, etc
336. Assessment, etc., not to be impeached
337. Duties of police officers
338. Power of police officer to arrest persons
339. Exercise of powers of police officer by corporation servants
340. Prohibition against obstruction of proceedings of corporation,
standing committee, Mayor, etc
341. Prohibition against removal of mark
342. Liability of Chief Commissioner, Zonal Commissioner and
councillor for loss, waste or misapplication of fund, etc
343. Prohibition against removal or obliteration of notice
344. Prohibition against unauthorised dealings with public place or
materials
345. Form of notices and permissions
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346. Proof of consent of Corporation authorities or corporation
officers
347. Signature on documents
348. Publication of notification
349. Publication of order, notice or other documents
350. Publication in newspapers
351. Notice of prohibition or setting apart of places
352. Method of serving documents
353. Recovery by occupier of sum leviable from owners
354. Obstruction of owner by occupier
355. Execution of work by occupier in default of owner
356. Time for complying with order and power to enforce in default
357. Power of the Chief Commissioner to agree to receive payment of
expenses in instalments
358. Power to declare expenses on certain works as improvement
expenses
359. Improvement expenses by whom payable
360. Redemption of charge for improvement expenses
361. Application of term "public servant", to corporation officers,
agents and sub-agents
362. Offences by companies
363. Official display of flag
364. Bidding prohibited
365. Effect of absorption of Panchayat area into a Corporation area
366. Removal of difficulties
367. Metropolitan Planning Committee
368. Grievance Redressal Authority
369. Powers and functions of the Grievance Redressal Authority
370. Appeal
371. Term of office of the Grievance Redressal Authority
372. Resignation and removal
373. Procedures before the Grievance Redressal Authority
374. Matters not subject to investigation
375. Transitory provisions
376. Repeal and Savings
STATEMENT OF OBJECTS AND REASONS
I
ACT 53 OF 2020.- The City of Bengaluru is a major centre of
economic activity with a large and growing population with seven hundred
and fourteen square kilometers of area under the jurisdiction of Bruhat
Bengaluru Mahanagara Palike.
The Bruhat Bengaluru Mahanagara Palike has been established and
governed under the Karnataka Municipal Corporations Act, 1976 (Karnataka
Act 14 of 1977).
10
The Karnataka Municipal Corporations Act, 1976 (Karnataka Act 14 of
1977) is inadequate in administrative and structural matters to govern
Bengaluru as it provides for limited flexibility and is a common legislation
catering to nine smaller Corporations in Karnataka.
There is an urgent need to formulate an independent legislation for
the working of Bruhat Bengaluru Mahanagara Palike for the purposes of
improving decentralization, integration of public participation at various
levels of municipal governance and ensuring efficient decision making by the
municipal authorities.
Hence, the Bill.
[L.A. Bill No. 26 of 2020, File No. Samvyashae 20 Shasana 2020]
[Entry 5 of List II of the Seventh Schedule to the Constitution of India.]
[Published in Karnataka Gazette Extra-ordinary No. 713 in part-IVA dated:
21.12.2020]
II
Amending Act 01 of 2022.- The Honorable High Court of Karnataka has
passed the final order on 04.08.2021 in Writ Petition No. 4601/2020 (LB-BMP) and
others as under,-
(a) The bye-laws under which Ground Rent, Licence Fee, Buillding Licence
Fee, Scrutiny Fee, Security Deposit are all held ultravires the Act and are
resultantly rendered unenforceable.
(b) The Circular bearing No. ಹನಿನಯೋ/ಜೆಡಿ(ಉ)/ಡಿಎಂ3/ಪಿಆರ್/320/2015-
16, ದಿನಂಕ:04.09.2015 stands quashed.
(c) The State or the BBMP is not precluded from bringing in the impugned
levies under the provisions of the Act or the Rules by making suitable
amendments to the act and the Rules.
(d) Petitioners in all these petitions who have deposited certain amounts in
terms of the interim order passed by this Court before this Court are
entitled to refund of the amounts so deposited.
(e) Insofar as refund in other cases who have paid to the Corporation under
protest, they shall be entitled to such refund only if the same is not
collected from the consumers of the apartments, businesses are the case
would be.
(f) Insofar as all other payments made, they would all be at liberty to give
representation to the BBMP and the BBMP would consider the refund of
the amounts, in accordance with law and findings of this Court.
(g) If representations are made by the petitioners for refund, the BBMP shall
pass appropriate orders within 12 weeks from the date of such
representations.
11
Since the fee collected by the Bruhat Bengaluru Mahanagara Palike has already
been utilized for various development works, refund of the same would incur a
financial burden of Rupees 2362 crores (Two thousand three hundred and sixty
two crores) to the Bruhat Bengaluru Mahanagara Palike.
Therefore, it is considered necessary to amend the Karnataka Municipal
Corporations Act, 1976 (Karnataka Act 14 of 1977) and the Bruhat Bengaluru
Mahanagara Palike Act, 2020 (Karnataka Act 53 of 2020) with retrospective effect
for validation of fee and penalty collected by the Bruhat Bengaluru Mahanagara
Palike at the time of sanction of building plan and grant of Commencement
certificate and Completion certificate to buildings and also to provide exemption or
concession to a Board or Corporation or an Organization owned or controlled by the
Central Government or the State Government from the payment of such fee.
As the matter was urgent and both the Houses of the State Legislature were
not in session, therefore the Karnataka Municipal Corporations and Certain other
Law (Amendment) Ordinance, 2021 (Karnataka Ordinance 08 of 2021) was
promulgated to achieve the above object.
This Bill seeks to replace the above ordinance.
Hence, the Bill.
[L.A. Bill No. 48 of 2021, File No. DPAL 50 Shasana 2021]
[entry 5 and 18 of List II of the Seventh Schedule to the Constitution of India..]
[Published in Karnataka Gazette Extra-ordinary No. 46 in part-IVA dated:
13.01.2022]
III
Amending Act 29 of 2022.- It is considered necessary to amend the
sections 7 and 8 of the Bruhat Bengaluru Mahanagara Palike Act, 2020 (Karnataka
Act 53 of 2020) to provide reservation of not more than fifty percent of seats to the
Scheduled Castes, Scheduled Tribes, Other Backward Classes and Women in the
Bruhat Bengaluru Mahanagara Palike as provided in the Urban Local Bodies and to
follow the direction of the Hon‟ble Supreme Court given in SLP No. 15181-
15183/2020 to conduct of the election to the Bruhat Bengaluru Mahanagara
Palike.
As the matter was urgent and both Houses of the State Legislature were not
in session, the Bruhat Bengaluru Mahanagaa Palike (Amendment) Ordinance, 2022
(Karnataka Ordinance 05 of 2022) was promulgated to achieve the above object.
This Bill seeks to replace the above ordinance.
Hence, the Bill.
12
[L.A. Bill No. 21 of 2022, File No. SAMVYASHAE 16 SHASANA 2022]
[Entry 5 of List II of the Seventh Schedule and Article 243T to the Constitution of
India]
[Published in Karnataka Gazette Extra-ordinary No. 507 in part-IVA dated:
11.10.2022]
IV
Amending Act 12 of 2023.- It is considered necessary to amend the
Bruhat Bengaluru Mahanagara Palike Act, 2020 (Karnataka Act 53 of
2020),-
(i) for properly maintenance of property tax register; and
(ii) to exempt the recognized educational institutions from paying
the property tax.
Hence, the Bill
[L.A. Bill No. 01 of 2023, File No. SAMVYASHAE 05 SHASANA 2023]
[Entry 5 of List II of the Seventh Schedule to the Constitution of India.]
[Published in Karnataka Gazette Extra-ordinary No.104 in part-IVA
dated:10.03.2023]
V
Amending Act 17 of 2024.- It is considered necessary to amend the
Bruhat Bengaluru Mahanagara Palike Act, 2020 (Karnataka Act 53 of 2020) to
resolve the problem arising in the implementation of the provisions of the Act due
to ambiguity therein with respect to the provisions relating to levy and collection of
property tax, advertisement fee, recovery of arrears of tax and fee and disposal of
appeals and incorporation of the provisions of section 14 of the Karnataka Town
and Planning Act, 1961, relating to land use or development.
Hence, the Bill.
[L.A. Bill No.06 of 2024, File No. DPAL 10 SHASANA 2024]
[Entry 5 of List II of the Seventh Schedule to the Constitution of India.]
[Published in Karnataka Gazette Extra-ordinary No.160 in part-IVA
dated:07.03.2024]
13
VI
Amendment Act 37 of 2024:- It is considered necessary to amend the
Bruhat Bengaluru Mahanagara Palike Act, 2020 (Karnataka Act 53 of 2020) and
the Karnataka Municipal Corporations Act, 1976 (Karnataka Act 14 of 1977) to
make provisions to specify the ratio of cess, scrutiny fee etc. with reference to the
guidance value under the Karnataka Stamps Act, 1957 and give validity to the
earlier collection of cess, scrutiny fee etc.
Hence, the Bill.
[L.A. Bill No. 24 of 2023, File No. SAMVYASHAE 36 SHASANA 2023]
[Entry 5 of List II of the Seventh Schedule to the Constitution of India]
[Published in Karnataka Gazette Extra-ordinary No. 391 in part-IVA
dated:16.08.2024]
VII
Amendment Act 07 of 2025:- Chapter XIII of the Bruhat Bengaluru
Mahanagara Palike Act, 2020 (Karnataka Act 53 of 2020) contains provisions
relating to levy and collection of property tax, advertisement fee, levy and collection,
recovery and disposal of appeals. Extension of last date for One Time Settlement
scheme is proposed as it was observed that a large number of property owners tried
to avail benefit of this scheme in last few days but could not because of server
issues. Suo-moto revision provision has been brought in to facilitate vigilant
property owners who would like to do upward revision of their property tax
payment on their own. Further, as a one-time measure to bring penalties on the
revision cases and un-assessed properties on par with defaulter cases with the
penalty of rupees one hundred per year is proposed.
As the matter was urgent and both the Houses of the State Legislature were
not in session, the Bruhat Bengaluru Mahanagara Palike (Amendment) Ordinance,
2024 (Karnataka Ordinance 01 of 2024) was promulgated to achieve the above
object.
This Bill seeks to replace the above ordinance.
Hence, the Bill.
[L.A. Bill No.47 of 2024, File No. SAMVYASHAE 52 SHASANA 2024]
[Entry 5 of List II of the Seventh Schedule to the Constitution of India.]
[Published in Karnataka Gazette Extra-ordinary No.18 in part-IVA
dated:10.01.2025]
14
VIII
Amendment Act 34 of 2025:- It is considered necessary to amend the
Bruhat Bengaluru Mahanagara Palike Act, 2020 (Karnataka Act 53 of 2020)
to,-
(i) declare any street as public street;
(ii) as certain development of even private roads with the BBMP area;
(iii) enable the corporation to take decision in the matters related to
fixing the rate of fee, levy or penalty in accordance with Article 243X of the
Constitution of the India;
(iv) reduce the ceiling limit and to bring fee on parity with scrutiny fee
for building license, commencement certificate and occupancy certificate;
(v) reduce the ceiling limit on the rate of fee chargeable for residential
building permission;
(vi) to prevent unauthorized construction and prevent the owner or
person from using unauthorized building or part of building; and
(vii) certain consequential amendments connected therewith or
incidental thereto also made.
Hence, the Bill.
[L.A. Bill No.17 of 2025, File No. SAMVYASHAE 21 SHASANA 2025]
[Entry 5 of List II of the Seventh Schedule to the Constitution of India.]
[Published in Karnataka Gazette Extra-ordinary No.231 in part-IVA
dated:15.04.2025]
15
KARNATAKA ACT NO. 53 OF 2020
(First published in the Karnataka Gazette Extra-ordinary on the 21st day of December,
2020)
(As amended by Act 01 of 2022, 29 of 2022, 12 of 2023, 17 of 2024, 37 of 2024, 07 of
2025 and 34 of 2025)
THE BRUHAT BENGALURU MAHANAGARA PALIKE ACT, 2020
(Received the assent of the Governor on the 19th day of December, 2020)
An Act to provide for an independent legislation for the purposes of improving
decentralization, integration of public participation at various levels of municipal
governance and to ensure efficient decision making by the Bruhat Bengaluru
Mahanagara Palike.
Whereas, the City of Bengaluru is a major centre of economic activity with a
large and growing population with seven hundred and fourteen square kilometers
of area under the jurisdiction of the Bruhat Bengaluru Mahanagara Palike.
Whereas, the Bruhat Bengaluru Mahanagara Palike was established and
governed under the provisions of the Karnataka Municipal Corporations Act, 1976
(Karnataka Act 14 of 1977).
Whereas, the provisions of the Karnataka Municipal Corporations Act, 1976
(Karnataka Act 14 of 1977) are inadequate in administrative and structural matters
to govern Bengaluru as it provides for limited flexibility and is a common legislation
catering to nine smaller Municipal Corporations in the State of Karnataka.
Be it enacted by the Karnataka State Legislature in the seventy first year of
the Republic of India, as follows:-
CHAPTER I
PRELIMINARY
1. Short title and commencement.-(1) This Act may be called the
Bruhat Bengaluru Mahanagara Palike Act, 2020.
(2) The provisions of the Act shall come into force on such date as the
State Government may, by 1[notification]1, appoint on this behalf.
1. This Act has came into force w.e.f. 11.01.2021. by Notification
No.ನಅಇ 73 ಬಿಬಿಎಸ್ 2020 (ಇ) Dated: 06.01.2021.
(See the text of the notification at the end of the Act)
2. Definitions.-In this Act, unless the context otherwise requires,-
(1) “Annual Financial Statement” means the statement published by
the Corporation under section 208;
(2) “Area Sabha” means in relation to an Area, a body of all the persons
who are registered as voters in the electoral rolls pertaining to any
polling station of that Area;
(3) “Area” means an area determined in the manner specified in section
4 and 89;
(4) “Association” means an association of body of persons, a trust,
society, association or organization registered under Karnataka
Societies Registration Act, 1960 (Karnataka Act 17 of 1960) or not;
(5) “ Backward classes” means such class or classes of citizens as may
be classified and notified by the Government from time to time for
the purposes of reservation of seats in the Corporation;
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(6) “Bio-medical waste" means any waste generated during diagnosis,
treatment, immunization or any health services of human beings or
animals or in research activities pertaining thereto;
(7) “building” includes,-
(a) a house, out-house, stable, privy, shed, hut, wall, verandah,
fixed platform, plinth, door step and any other structure
including telecommunication tower or Advertisement structure,
whatever name called whether of masonry, bricks, wood, mud,
metal or any other material whatsoever;
(b) a structure on wheels simply resting in the ground without
foundations;
(c) a ship, vessel, boat, tent, and any other structure used for
human habitation or used for keeping or storing any article or
goods;
(8) “Bye-law” means a bye-law framed by the Corporation under this
Act;
(9) “casual vacancy” means a vacancy occurring otherwise than by
efflux of time in the office of a councillor or in any other elective
office and “casual election” means an election held to fill a casual
vacancy;
(10) “Chairperson” means such person who shall be the head of the
committee or commission or other such bodies provided for under
this Act;
(11) “Chief Commissioner” means the Chief Commissioner appointed
under section 63 and includes a person appointed to act as the
Chief Commissioner under section 71 ;
(12) “Civil Society” means any person, association of persons, non-
governmental organisation established, constituted or registered
under any law for the time being in force and working for social
welfare, and shall include any community based organisation,
professional institution, civic, health, educational, social or cultural
body and such other association or body as the Corporation may
decide;
(13) “Completion Certificate” means a certificate granted by the
Corporation upon completion of construction of a building in
accordance with the provisions of this Act;
(14) “Complimentary Connection” means and includes providing a
connection for cable television or connection to direct to home
service free of any payment or at a reduced rate;
(15) “Complimentary ticket” means and includes any ticket which
provides an entry into a ticket-based entertainment free of any
payment or at a reduced rate;
(16) “Comprehensive Debt Limitation Policy” means the policy prepared
by the Corporation to guide any decision taken by it while raising
debt;
(17) “Corporation” means the Bruhath Bengaluru Mahanagara Palike
established in accordance with the provisions of this Act;
(18) “Corporation Administrator” means any officer appointed by the
State Government to exercise the powers and perform the functions
and discharge duties conferred or imposed on the corporation by or
under this Act;
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(19) “Corporation Fund” means the consolidated fund of the Corporation
subject to the control of the Corporation in accordance with such
conditions prescribed under this Act;
(20) “Dangerous diseases” means any epidemic, endemic, or infectious
disease notified as a dangerous disease by the Government under
this Act;
(21) “Election” means an election to fill any vacancy in the office of a
Councillor;
(22) “Entertainment” means and includes any amusement event or
provision of service which involves a performance, presentation,
production or staging of any act and for the viewing of which any
person or body of persons may be required to purchase a ticket to
enter such an event or purchase a connection to view such a
service;
(23) “Essential services” means services in which any Corporation officer,
servant, or other person is employed by or on behalf of the
corporation and which are specified in the rules;
(24) “factory” means a factory as defined in the occupational safety,
health and working condition code 2020 (Central Act 37 of 2020);
(25) “filth” includes sewage, dung, dirt, swill, putrid and putrefying
substances and all offensive matter;
(26) “Government” means the Government of Karnataka;
1[(26A) “Ground rent” means to include fee for usage of public roads and
other infrastructure facilities provided and maintained by the
Bruhat Bengaluru Mahanagara Palike and debris generated, during
the period of construction, but this shall not give the right to
occupy public road and footpath;
(26B) “Guidance Value” means market value of the vacant site as specified
under section 45B of the Karnataka Stamp Act, 1957 (Karnataka
Act 34 of 1957);]1
(27) “land” includes land which is being built upon or is built upon or
covered with water, benefits to arise out of land, things attached to
the earth or permanently fastened to anything attached to the earth
and rights created by law over any street;
(28) “lay-out” means a lay-out formed by an individual or body of
persons, whether incorporated or not;
(29) “local authority” means a Corporation, a municipal council, Town
panchayat, development authority, city improvement board, town
improvement board, zilla panchayat, taluk panchayat and grama
panchayat or any local self Government constituted under any law
for the time being in force;
(30) “Market” includes any place, by whatever name called, where
persons assemble for the sale of meat, fish, fruit, vegetables,
livestock, or any other article of food of a perishable nature, or any
other article for which there is a collection of shops or warehouses
or stalls, declared and licensed by the Corporation as a market;
(31) “Medium term fiscal plan” means the fiscal plan prepared by the
Corporation for a period of five years;
(32) “Non ticket-based entertainment” means and includes any
entertainment which does not require the purchase of a ticket to
enter the place of non-ticket-based entertainment;-
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(33) “Nuisance” shall include any act, omission, place or thing, which
causes or is likely to cause injury, danger, annoyance, or offence to
the sense of sight, smell or hearing, disturbance to rest or sleep, or
which is or may be dangerous to life, or injurious to health or
property;
(34) “Occupier” includes any person who, for the time being, is paying or
is liable to pay to the owner the rent or any portion of the rent of the
land or building in respect of which such rent is paid or payable, an
owner in occupation or otherwise using the building or land, a rent-
free tenant, licensee occupying any land or building, any person
who is liable to pay the owner damages for the use or occupation of
any land or building;
(35) “Owner" includes a person who, for the time being, is receiving or is
entitled to receive the amount of lease or the rent of any land or
building whether on her own account or as an agent, trustee,
guardian or receiver for any other person or who should so receive
the amount of lease or the rent or be entitled to receive it if the land
or building or part thereof were let to a lessee or a tenant on lease or
rent;
(36) "population" means the population as ascertained at the last
preceding census of which relevant figures have been published;
(37) “Political Party” means a political party registered under section 29A
of the Representation of the People Act, 1951 (Central Act 43 of
1951);
(38) “Polling stations'' means those stations set up by the State Election
Commission to enable those persons on the electoral roll to cast
their vote;
(39) "Prescribed" means prescribed by rules made under this Act;
(40) “Presiding Officer” means such an officer appointed by the State
Election Commission to preside over one or more polling stations;
(41) “Property tax” means the tax levied by the Corporation on buildings
or vacant lands or both;
(42) “Resident welfare association” means a voluntary association of
residents registered under any law in force;
(43) “regulation” means a regulation framed under this Act;
(44) “rubbish” includes dust, ashes, broken bricks, mortar, broken glass,
garden or stable refuse and refuse of any kind which is not offensive
matter or sewage;
(45) “Rules” means the rules made under this Act;
(46) “Schedule” means a Schedule appended to this Act;
(47) “street alignment” means a line dividing the land comprised in and
forming part of a street from the adjoining land;
(48) “Scheduled Castes” means those castes, races or tribes or parts of
or groups within castes, races or tribes notified under Article 341 of
the Constitution of India;
(49) “Scheduled Tribes” means those tribes or tribal communities on
parts of or groups within castes, races, tribes or tribal communities
notified under Article 342 of the Constitution of India;
1[(49A) "Scrutiny fee” means fee collected to meet the establishment
charges for processing the application for permitting building
construction;]1
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(50) “Self-help group” means a group of twenty or more people from a
homogeneous class who come together for addressing their common
problems;
(51) “Sinking fund” means a fund formed by periodically setting aside
money for the gradual repayment of a debt or replacement of a
wasting asset;
(52) “Specified” means the Bye laws made by the Corporation under this
Act;
(53) “Slum level federation” means an association of twenty or more self-
help groups formed by residents of urban slum areas;
(54) “Solid Waste Management” means and includes collection,
segregation, storage, transportation, processing and disposal of
municipal solid waste;
(55) “Standing Committee” means the Standing Committee referred to
under section 80;
(56) "State Election Commission" means the State Election Commission
referred to in Article 243-K of the Constitution of India;
(57) “Street” means a public street or a private street, and includes any
highway and any causeway, bridge, road, lane, foot-way, subway or
riding path or passage over which the public have a right of passage
or access or have passed and had access uninterruptedly for a
period of twenty years; and, when there is a foot-way as well as a
carriage way in any street, the said term includes both;
(58) “Ticket based entertainment” means and includes any
entertainment, which requires the purchase of a ticket to enter the
place of ticket based entertainment;
(59) “trade effluent” means any liquid either with or without particles of
matter in suspension therein which is wholly or in part produced in
the course of any trade or industry carried on at the trade premises,
and in relation to any trade premises means any such liquid as
aforesaid which is so produced in the course of any trade or
industry carried on at those premises, but does not include
domestic sewage;
(60) “trade premises” means any premises used or intended to be used
for carrying on any trade or industry;
(61) “trade refuse” means the refuse of any trade or industry;
(62) “Tribunal” means the Karnataka Appellate Tribunal;
(63) "Vacant land" means, land not built upon and does not include land
appurtenant to a building;
(64) “Ward Committee” means the ward committee established under
section 82;
(65) “Ward development plan” means the development plan prepared by
the Ward Committee for the allotment of budget to it by the
Corporation;
(66) “Ward Sabha” means a Ward Sabha referred to under section 86;
(67) “Wards” means such areas within the zones of the Corporation
determined by the Government under section 7;
(68) “Zonal Commissioner” means the Zonal Commissioner referred to
under section 72; and
(69) “Zones of the Corporation” means such areas within the Corporation
as may be notified by the Government under section 12.
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1. Inserted by the Act 37 of 2024 w.e.f. 11.01.2021.
CHAPTER II
CORPORATION AUTHORITIES
3. Corporation Authorities.-The following shall be the Authorities of the
Corporation who shall carry out the provisions of the Act, namely:-
(a) the Bruhat Bengaluru Mahanagara Palike (BBMP)
(b) the Mayor
(c) the Chief Commissioner
(d) the Zonal Commissioner
(e) the Zonal Committees
(f) the Standing Committees
(g) the Ward Committees
(h) Area Sabhas
CHAPTER III
CONSTITUTION OF THE CORPORATION
4. Establishment of Bruhat Bengaluru Mahanagara Palike.- (1) As
soon as may be, after the commencement of this Act, there shall be established for
the purposes of this Act, a Corporation to be called Bruhat Bengaluru Mahanagara
Palike.
(2) The Governor having regard to,-
(a) population of any area within the reasonable proximity of Bengaluru;
(b) the density of population of such area;
(c) the revenue generated by existing local administration of such area;
(d) the percentage of employment in non-agricultural activities in such
area;
(e) the economic importance of such area;
(f) special development plan, trade, transport; and
(g) such other factors as may be prescribed or required to be considered
from time to time include such areas to be within or exclude such
areas from the jurisdiction of the Bruhat Bengaluru Mahanagara
Palike by notification in the Official Gazette.
(3) No such notification shall be issued unless a draft thereof is,-
(a) published in the official Gazette for the information of all persons
likely to be affected thereby inviting objections and suggestions
within one month from the date of publication; and
(b) referred to the corporation for expressing its views thereon within
the period specified in clause (a).
(4) Save as otherwise provided in this Act or any other law for the time being
in force, when a local area is excluded from the larger urban area.
(i) the rights and liabilities of the corporation in such area shall vest in
Government; and
(ii) Government shall, after consulting the corporation, determine what
portion of the corporation fund and other property of the corporation
shall vest in Government for the benefit of the inhabitants of such
local area and how the liabilities of the corporation shall be
apportioned between the corporation and Government.
(5) When a local area is included in the larger urban area , the provisions of
this Act and all taxes, notifications, rules, bye-laws, orders, directions and powers,
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levied, issued, made or conferred under this Act or any other law applicable to the
larger urban area shall apply to the said area from the date of inclusion of such
area within the larger urban area.
(6) The Corporation shall be a body corporate with the name aforesaid
having perpetual succession and a common seal with power, subject to the
provisions of this Act, to acquire, hold and dispose of property and may by the said
name sue and be sued.
5. Erection and maintenance of boundary marks.- It shall be the duty
of the corporation to cause at its own cost to be erected or set up and thereafter
maintain at its own cost substantial boundary marks of such description and in
such position as shall be approved by the Deputy Commissioner of the revenue
district having jurisdiction, defining the limits or the altered limits, as the case may
be, of the city which is subject to its authority
6. Duration of the Corporation.-The Corporation, shall continue for five
years from the date appointed for its first meeting unless dissolved earlier.
7. Delimitation of Wards.- (1)For the purposes of election of councilors,
Bengaluru shall be divided into wards on the recommendation of the delimitation
commission in such manner that,-
(a) the population of each of the wards shall, as far as practicable, be the
same throughout Bengaluru.;
(b) Wards shall be divided within the constituency of a member of
legislative assembly and no wards shall be spread over to
constituencies.
Explanation:- For the purpose of this section population means the
population of the city ascertained by preceding census of which relevant figures
have been published.
(2) The Government shall constitute a delimitation commission consisting
of such number of persons as may be prescribed to recommend to the Government
regarding the manner of division of wards.
(3) The Government shall by order determine,-
(a) the wards into which the Corporation shall, for the purpose of its
elections, be divided in to not less than two hundred and twenty
five but not more than two hundred and fifty wards;
(b) the extent of each ward; and
(c) the number of seats so reserved for Scheduled Castes and
Scheduled Tribes shall bear as nearly as may be, the same
proportion to the total number of seats to be filled by direct
election in the corporation as the population of the Scheduled
Castes in the city or of the Scheduled Tribes in the city bears to
the total population of the city:
1[(d) Such number of seats which shall as nearly as may be, one
third of the total number of seats to be filled by direct election
in the Corporation shall be reserved for persons belonging to
the Backward Classes.]1
Provided that the number of seats so reserved for the Backward Classes
under this sub-section shall be so determined, that the total number of seats
reserved for the Scheduled Castes and Schedule Tribes 2[and the Backward
Classes under this sub-section shall not exceed fifty percent of the total number
of seats in the Corporation.]2
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1. Inserted by the Act 29 of 2022 w.e.f. 10.06.2022.
2. Substituted by the Act 29 of 2022 w.e.f. 10.06.2022.
(4) Not more than fifty percent of the seats reserved for each category of
persons belonging to Scheduled Castes, Scheduled Tribes and Backward Classes
and those of the non-reserved seats to be filled by direct election in a corporation
shall be reserved for women:
Provided that, the seats reserved in sub-sections (3) and (4) shall be allotted
by rotation to different wards in the city.
(5) No delimitation of wards or change of wards for the purpose of
reservation shall be made in the Corporation after its constitution except for the
purpose of general election to that Corporation and no such delimitation or change
of wards shall, in any manner, affect the existing Corporation.
8. Constitution of the Corporation.-(1) The Corporation shall consist
of,-
(a) such number of elected Councilors representing each ward
determined by the Government under sub-section (3) of section 7.
(b) the Government shall nominate such members from the residents of
the city and such members shall not exceed ten percent of the
Councillors:-
(i) who are persons having special knowledge and experience in
municipal administration or matters relating to health, town
planning or education; or
(ii) who are social workers;
Provided that, the persons referred to in clause (b) shall not have right to
vote in the meetings of the Corporation.
(c) The Members of the House of people whose constituencies are within
the area of the Corporation and the Members of the Council of States
who are registered as voters in the Corporation.
(d) The Members of Legislative Assembly whose constituencies are within
the area of the Corporation and the Members of Legislative Council
who are registered as voters in the Corporation.
(2) Seats shall be reserved in a corporation,-
(a) for the Scheduled Castes; and
(b) for the Scheduled Tribes:
and the number of seats so reserved shall bear as nearly as may be, the
same proportion to the total number of seats to be filled by direct election in the
corporation as the population of the Scheduled Castes in the city or of the
Scheduled Tribes in the city bears to the total population of the city.
(3) Such number of seats which shall as nearly as may be, one third of the
total number of seats to be filled by direct election in a corporation shall be
reserved for persons belonging to the Backward Classes:
Provided that, the number of seats so reserved for the Backward Classes
under this sub-section shall be so determined, that the total number of seats
reserved for the Scheduled Castes and Schedule Tribes 1[and the Backward
Classes under sub-sections (2) and (3) shall not exceed fifty percent of the total
number of seats in the Corporation.]1
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Provided further that, out of the seats reserved under this sub-section,
eighty percent of the total number of such seats shall be reserved for the persons
falling under category "A" and the remaining twenty percent of the seats shall be
reserved for the persons falling under category "B":
Provided also that, if no person falling under category "A" is available, the
seats reserved for that category shall also be filled by the persons falling under
category "B" and vice-versa:
1. Substituted by the Act 29 of 2022 w.e.f. 10.06.2022.
(4) Not more than fifty percent of the seats reserved for each category of
persons belonging to the Scheduled Castes, the Scheduled Tribes and backward
classes and those of the non-reserved seats to be filled by direct election in a
corporation shall be reserved for women:
Provided that, the seats reserved in this sub-section shall be allotted by
rotation to different wards in a city.
(5) The Councilors referred to in of sub-section (1) shall be elected in the
manner provided in this Act.
(6) Nothing contained in sub-sections (2), (3) and (4) shall be deemed to
prevent the members of the Scheduled Castes, Scheduled Tribes, backward classes
or women from standing for election to the non-reserved seats.
(7) Notwithstanding anything contained in this Act, where two thirds of the
total number of Councillors required to be elected have been elected, the
Corporation shall be deemed to have been duly constituted under this Act.
9. Oath of allegiance to be taken by councilors.- (1) Notwithstanding
anything contained in the Oaths Act, 1969 (Central Act 44 of 1969) every person
who is elected to be a councillor shall, before taking his seat, make at a meeting of
the corporation, an oath or affirmation of his allegiance to the Constitution in the
following form namely:-
"I.A.B., having been elected a councilor of this corporation do swear in the
name of God / solemnly affirm that I will bear true faith and allegiance to the
Constitution of India, and that I will faithfully discharge the duty upon which I am
about to enter".
(2) Any person who having been elected to be a councilor fails to make,
within three months of the date on which his term of office commences or at one of
the first three meetings held after the said date, whichever is later the oath or
affirmation laid down in subsection (1) shall cease to hold his office and his seat
shall be deemed to have become vacant.
(3) Any person who has been elected to be a councillor shall not take his seat
at a meeting of the corporation or do any act as such councillor unless he has
made the oath or affirmation as laid down in sub-section (1).
(4) Notwithstanding anything contained in sub-section (3), a Mayor or
Deputy Mayor or the chairman or a member of a standing-committee, who has not
made the oath or affirmation as a councillor shall not be entitled to act as such
Mayor, Deputy Mayor, Chairman or member.
10. Declaration of assets etc.- Every councillor referred to in sub-section
(1) of section 8 shall, not later than one month after the commencement of his term
of office and in the same month of each succeeding year, file with the Mayor a
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declaration of all assets owned by him and any member of his family. Such
declaration shall form part of the corporation records.
11. Term of office of Councilors.- (1) Save as otherwise provided in
this Act, the term of office of councillors,-
(i) directly elected at a general election shall be five years;
(ii) nominated by the Government under clause (b) of sub-section (1)
of section 8 shall, subject to the pleasure of the Government, be five years.
(2) The term of office of the Councilors shall commence on the date
appointed for the first meeting of the corporation.
(3) If any casual vacancy occurs it shall be filled, as soon as may be, by the
election of a person thereto. The person so elected shall hold office only so long as
the person in whose place he is elected would have held had the vacancy not
occurred:
Provided that, no election to fill a casual vacancy shall be held if the vacancy
occurs within six months before the expiry by efflux of time of the term of office of
the councillors.
12. Division of the Corporation into Zones.- (1) The Government shall
upon consultation with the Corporation, issue a notification dividing its area into
various Zones.
(2) The Government shall establish a zonal demarcation commission with
representation from the Corporation, Government and such eminent members of
the public to recommend to the Government, as per such terms of reference, the
demarcation of zones and the basis thereof.
(3) Prior to the publication of any notification in the official gazette under
this Section, the Corporation shall publish the draft of such notification which shall
seek the opinion of the public for a period of thirty days from the date of such
notification.
(4) The number of zones created by the Corporation shall not exceed fifteen.
CHAPTER IV
ELECTIONS
13. Election to the Corporation.-(1) A general election shall be held for
the purpose of constitution of a new Corporation before the expiry of the duration
of the existing Corporation or on dissolution.
(2) The superintendence and the conduct of general election and for casual
vacancy of Councilors shall be vested in the State Election Commission.
(3) The officer designated by the State Election Commission shall maintain a
list of voters for each ward of such municipal area.
(4) The date of such an election shall be fixed by the State Election
Commission in consultation with the Government.
14. Electoral rolls.- (1) For every ward, there shall be an electoral roll
which shall be prepared, revised, modified, updated and published in accordance
with the provisions of this Act and under the superintendence, direction and
control of State Election Commission.
(2) Only one Councillor shall be elected for each ward and election shall be
by secret ballot.
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(3) A person whose name has been included in the electoral roll, as prepared
by the State Election Commission of a ward shall be entitled to vote in an election
to that ward.
15. Electoral Registration Officer.-(1) An Electoral Registration Officer
shall prepare and renew the voters list with respect to each ward of a Corporation,
in such manner as may be prescribed and he shall be an officer of the Government
or a local authority designated or nominated as such by the State Election
Commission in consultation with the Government.
(2) The Electoral Registration Officer may, subject to such restriction as may
be prescribed, depute competent teachers including those of aided schools or
Government employees or employees of local authorities, to prepare and revise the
voters list of the wards.
(3) The State Election Commission may designate one or more persons as
Assistant Electoral Registration Officers to assist the Electoral Registration Officer
in the discharge of his functions.
(4) Each Assistant Electoral Registration Officer shall, subject to the control
of the Electoral Registration Officer, be competent to discharge all or any of the
functions of the Electoral Registration Officer.
16. Provision of polling stations.-The District Election Officer shall, with
the previous approval of the State Election Commission, provide sufficient number
of polling stations for every Ward within the area of his jurisdiction, and shall
publish in such manner as the State Election Commission may direct, a list
showing the polling stations so provided and the polling areas or group of voters for
which they have respectively been provided.
17. Appointment of Presiding Officers for polling stations.-(1) The
State Election Commission shall appoint a Presiding Officer for each polling station
and such Polling Officer or officers as it thinks necessary:
Provided that, if a Polling Officer is absent from the polling station, the
Presiding Officer may appoint any person who is present at the polling station other
than a person who has been employed by or on behalf of, or has been otherwise
working for, a candidate in or in relation to the election, to be the Presiding Officer
during the absence of the former officer, and inform the election commission
accordingly.
(2) A Polling Officer shall, if so, directed by the Presiding Officer, perform all
or any of the functions of a Presiding Officer under this Act or any rules or orders
made thereunder.
18. Qualifications for being a Councilor.-Every person whose name is in
the electoral roll for any of the wards of the Corporation area shall, unless
disqualified under this Act or any other law for the time being in force, shall be
qualified to be elected at the election for that ward or any other ward of the
Corporation area and every person whose name is not in such list shall not be
qualified to be elected, at the election for any ward of the Corporation area.
19. Disqualifications of being a Councillor.- (1) A person shall be
disqualified in the following circumstances for being chosen as a Councillor if he,-
(a) has been sentenced by a criminal court to imprisonment for an
offence punishable with imprisonment for a term not less than two
years:
Provided that,-
(i) the offence is one which involves moral turpitude and
26
(ii) such sentence has not been reversed or quashed or the offence
not
pardoned; or
(b) is so disqualified under any provision of the Constitution or by or
under any law for the time being in force relating to elections to the
State Legislative Assembly; or
(c) if he holds any office of profit under the Government of India or the
Government of any State specified in the first schedule to the
Constitution of India, or under any local or other authority subject to
the control of any of the said Governments other than such offices as
are declared by rules made under this Act not to disqualify the holder;
or
(d) if he has been dismissed from service under a local authority or from
Government service; or
(e) if, having been a legal practitioner, he has been dismissed or suspended
from practice by order of a competent authority, the disqualification in
the latter case being operative during the period of such suspension; or
(f) if is he is of unsound mind and stands so declared by a competent
court; or
(g) if he is an un-discharged insolvent; or
(h) if he is not a citizen of India or has voluntarily acquired the citizenship
of a foreign State; or
(i) if he is so disqualified by any law for the time being in force for the
purposes of election to the State Legislature:
Provided that, no person shall be disqualified on the ground that he is less
than twenty five years if he has attained the age of twenty one years.
(j) If he has, directly or indirectly, by himself or his partner, any share or
interest in any work done by order of the Corporation, or in any
contract or employment with or under, or by or on behalf of the
Corporation.
(k) if he has in proceedings questioning the validity or regularity of an
election been found to have been guilty of,-
(i) any corrupt practice, or
(ii) any offence punishable under section 171E or section 171F of the
Indian Penal
Code 1860, or any offences pertaining to election unless a period of
six years
has elapsed since the date of the finding or the disqualification has
been
removed by order by the Government:
(l) If he fails to file Accounts of election expenses intime.
(2) If any councillor during the term for which he has been elected,-
(a) becomes subject to any disqualification specified in sub-section (1), or
(b) votes or takes part as a councillor in the discussions of any matter,-
(i) in which he has conflict of interest; or
(ii) in which he is engaged at the time in any proceeding against the
Corporation; or
(c) absents himself from the meetings of the Corporation during three
consecutive months except with the leave of the Corporation:
Provided that, no such leave shall be granted in case of absence from the
meetings of the Corporation during a period exceeding six consecutive months:
27
Provided further that, when an application is made by a councillor to the
Corporation for leave to absent himself and the corporation fails to inform the
applicant of its decision on the application within a period of seven days from the
date of the application, the leave applied for shall be deemed to have been granted
by the Corporation. The Chief Commissioner may, either suomotu or on a report
made to him, after such enquiry as he deems fit, by order, decide, whether the seat
of the person concerned has become vacant or not. As far as may be, such order
shall be made within seven days from the date of receipt of the report or where
action is taken suomotu, within thirty days from the initiation thereof.
(3) Any person aggrieved by the decision of the Chief Commissioner
under sub-section (2) may, within a period of thirty days from the date of such
decision, appeal to the Government and the orders passed by the Government on
such appeal shall be final:
Provided that, no order shall be passed under sub-sections (2) and (3)
against any councillor without giving him a reasonable opportunity of being heard.
20. Equality of votes.-If there is equality of votes between two or more
candidates, the officer appointed on behalf of the state election commission shall
decide by drawing lots which candidate shall be deemed to have been elected.
21. Publication of results.- The names of persons elected and nominated
as councillors, Mayor or Deputy Mayor of the Corporation shall be published in the
Official Gazette.
22. Election Petition.-(1) No election of a councillor shall be called in
question except by an election petition presented for adjudication to the District
Court having jurisdiction, within thirty days from the date of the publication of the
result of election under section 21.
(2) An election petition may be presented on one or more of the grounds
specified in section 23,-
(a) by any candidate at such election; or
(b) by any voter of the ward concerned
(3) Every election petition shall be tried as expeditiously as possible and
endeavour shall be made to conclude the trial within six months from the date of
presentation of the election petition under sub-section (1):
Provided that, where the petitioner alleges any corrupt practice, the petition
shall also be accompanied by an affidavit in the prescribed form in support of the
allegation of such corrupt practice and the particulars thereof.
23. Grounds for declaring elections to be void.-(1) The court shall
declare the election of the returned candidate to be void, if the court is of opinion, -
(a) that on the date of his election a returned candidate was not qualified
or was disqualified, to be chosen as a councillor under this Act, or
(b) that any corrupt practice has been committed by a returned
candidate or his election agent or by any other person with the
consent of a returned candidate or his election agent, or
(c) that any nomination has been improperly rejected.
(d) that the result of the election, in so far as it concerns a returned
candidate, has been materially affected,-
(i) by the improper acceptance of any nomination; or
(ii) by any corrupt practice committed in the interests of the returned
candidate by an agent other than his election agent; or
(iii)by the improper reception, refusal or rejection of any vote or the
reception of any vote which is void; or
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(iv) by any non-compliance with the provisions of this Act or of any rules
or orders made thereunder, the court shall declare the election of the
returned candidate to be void.
(2) If in the opinion of the court, a returned candidate has been guilty, by
a person other than his election agent, of any corrupt practice, but
the court is satisfied,-
(a) that no such corrupt practice was committed at the election by the
candidate or his election agent and every such corrupt practice was
committed contrary to the orders and without the consent of the
candidate or his election agent
(b) that the candidate and his election agent took all reasonable means
for preventing the commission of corrupt practices at the election; and
(c) that in all other respects the election was free from any corrupt
practice on the part of the candidate or any of his agents, then the
court may decide that the election of the returned candidate is not
void.
24. Procedure to be followed by the court.- The procedure provided in
the Code of Civil Procedure, 1908, in regard to suits shall be followed by the court
as far as it can be made applicable, in the trial and disposal of an election petition
under this Act.
25. Decision of the Court.- (1) At the conclusion of the trial of an
election petition, the court shall make an order,-
(a) dismissing the election petition; or
(b) declaring the election of all or any of the returned candidates to be
void; or
(c) declaring the election of all or any of the returned candidates to be
void and the petitioner or any other candidate to have been duly
elected.
(2) If any person who has filed an election petition has, in addition to
calling in question the election of the returned candidate, claimed a declaration
that he himself or any other candidate has been duly elected and the court is of
opinion,-
(a) that in fact the petitioner or such other candidate received a majority
of the valid votes; or
(b) that but for the votes obtained by the returned candidate by corrupt
practices the petitioner or such other candidate would have obtained
a majority of the valid votes, the court shall, after declaring the
election of the returned candidate to be void, declare the petitioner or
such other candidate as the case may be, to have been duly elected.
(3) If during the trial of an election petition it appears that there is an
equality of votes between any candidates at the election and that the addition of a
vote would entitle any of those candidates to be declared elected, then, the court
shall decide between them by lot and proceed as if the one on whom the lot falls
had received an additional vote.
26. Appeal.-An appeal shall lie to the High Court from an order of the
District Court under section 25 within a period of thirty days from the date of the
order of the court excluding the time required for obtaining a copy of the order:
Provided that, the High Court may entertain an appeal after the expiry of the
said period of thirty days if it is satisfied that the appellant had sufficient cause for
not preferring the appeal within the said period.
27. Corrupt Practices.-The following shall be deemed to be corrupt
practices for the purposes of this Act, namely:-
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(1) 'bribery' as defined in clause (1) of section 123 of the Representation
of the Peoples Act, 1951 (Central Act 43 of 1951) for the time being in force;
(2) 'under influence' as defined in clause (2) of the said section for the
time being in force;
(3) the appeal by a candidate or his agent or by any other person with the
consent of a candidate or his election agent to vote or refrain from voting for any
person on the ground of his religion, race, caste, community or language or the use
of, or appeal to religious symbols or the use of or appeal to, national symbols, such
as the national flag or the national emblem, for the furtherance of the prospects of
the election of that candidate or for prejudicially affecting the election of any
candidate;
(4) the promotion of, or attempt to promote, feelings of enmity or hatred
between different classes of the citizens of India on grounds of religion, race, caste,
community or language, by a candidate or his agent or any other person with the
consent of a candidate or his election agent for the furtherance of the prospects of
the election of that candidate or for prejudicially affecting the election of any
candidate;
(5) the publication by a candidate or his agent or by any other person
with the consent of a candidate or his election agent of any statement of fact which
is false, and which he either believes to be false or does not believe to be true, in
relation to the personal character or conduct of any candidate, or in relation to the
candidature or withdrawal of any candidate, being a statement reasonably
calculated to prejudice the prospects of that candidate's election;
(6) the hiring or procuring whether on payment or otherwise of any
vehicle by a candidate or his agent or by any other person with the consent of a
candidate or his election agent for the conveyance of any voter (other than the
candidate himself and the members of his family or his agent) to or from any
polling station provided in accordance with the rules made under this Act:
Provided that the hiring of a vehicle by an elector or by several electors at
their joint cost for the purpose of conveying him or them to and from any such
polling station shall not be deemed to be a corrupt practice under this clause if the
vehicle so hired is a vehicle not propelled by mechanical power:
Provided further that the use of any public transport vehicle or any railway
carriage by any voter at his own cost for the purpose of going to or coming from any
such polling station shall not be deemed to be a corrupt practice under this clause.
Explanation.- In this clause, the expression "vehicle" means any vehicle
used or capable of being used for the purpose of road transport, whether propelled
by mechanical power or otherwise and whether used for drawing other vehicle or
otherwise;
(7) the obtaining or procuring or abetting or attempting to obtain or
procure by a candidate or his agent or, by any other person with the consent of a
candidate or his election agent, any assistance (other than the giving of vote) for the
furtherance of the prospects of that candidate's election, from any person in the
service of the Government or the service of the corporation;
(8) any other practice which the Government may by rules specify to be a
corrupt practice.
28. Promoting enmity between classes in connection with election.-
Any person who in connection with an election under this Act promotes or attempts
to promote on grounds of religion, race, caste, community or language, feelings of
enmity or hatred between different classes of the citizens of India shall, on
30
conviction, be punished with imprisonment for a term which may extend to three
years, or with fine, or with both.
29. Prohibition of public meetings two days before preceding the
election day and on the election day.-(1)No person shall convene, hold or attend
any public meeting within any ward within forty eight hours before the date of
commencement of the poll or on the date or dates on which a poll is taken for an
election in that ward.
(2) Any person who contravenes the provisions of sub-section (1) shall,
on conviction, be punished with fine which may extend to Rupees One Lakh.
30. Disturbances at election meetings.- (1) Any person who at a public
meeting to which this section applies acts, or incites others to act, in a disorderly
manner for the purpose of preventing the transaction of the business for which the
meeting was called shall, on conviction, be punished with fine which may extend to
one lakh rupees.
(2) This section applies to any public meeting in connection with corporation
elections held in any ward between the date of the issue of a notification fixing the
date of the poll to elect a councillor or councillors and the date on which the
election is held.
(3) If any police officer reasonably suspects any person of committing an
offence under sub-section (1), he may, if requested so to do by the chairman of the
meeting, require that person to declare to him immediately his name and address
and, if that person refuses or fails so to declare his name and address, or if the
police officer reasonably suspects him of giving a false name or address, the police
officer may arrest him without warrant
31. Restrictions on the printing of pamphlets, poster and others.-(1)
No person shall print or publish or cause to be printed or published, any election
pamphlet or poster which does not bear on its face the names and addresses of the
printer and the publisher thereof.
(2) No person shall print or cause to be printed any election pamphlet or
poster unless a declaration as to the identity of the publisher thereof, signed by
him and attested by two persons to whom he is personally known, is delivered by
him to the printer in duplicate.
(3) Any person who contravenes any of the provisions of sub-section (1)
or subsection (2) shall, on conviction be punished with imprisonment for a term
which may extend to six months or with fine which may extend to one lakh rupees
or with both.
32. Maintenance of secrecy of voting.- (1) Every officer, employee, agent
or other person who performs any duty in connection with the recording or
counting of votes at an election under this Act shall maintain and aid in
maintaining, the secrecy of the voting and shall not, except for some purpose
authorised by or under any law, communicate to any person any information
calculate to violate such secrecy.
(2) Any person who contravenes the provisions of sub-section (1) shall,
on conviction, be punished with imprisonment for a term which may extend to
three months or with fine or with both
33. Prohibition of canvassing in or near polling stations.-(1)No person
shall, on the date or dates on which a poll is taken at any polling station, commit
any of the following acts within the polling station or in any public or private place
within a distance of one hundred meters of the polling station, namely:-
(a) canvassing for votes;
(b) soliciting the vote of any voter; or
31
(c) persuading any voter not to vote for any particular candidate; or
(d) persuading any voter not to vote at election; or
(e) exhibiting any notice or sign (other than an official notice) relating to
the election
(2) Any person who contravenes the provisions of sub-section (1) shall, on
conviction, be punished with fine which may extend to one lakh rupees
(3) An offence punishable under this section shall be cognizable.
34. Penalty for disorderly conduct in or near polling stations.-(1)No
person shall, on the date or dates on which a poll is taken at any polling station,-
(a) use or operate within or at the entrance of the polling station or in any
public or private place in the neighbourhood thereof, any apparatus for
amplifying or reproducing the human voice, such as a megaphone or a
loudspeaker; or
(b) shout or otherwise act in a disorderly manner, within or at the entrance
of the polling station or in any public or private place in the
neighbourhood thereof, so as to cause annoyance to any person visiting
the polling station for the poll, or so as to interfere with the work of the
officers and other person on duty at the polling station.
(2) Any person who contravenes or willfully aids or abets the
contravention of the provisions of sub-section (1) shall, on conviction, be punished
with imprisonment for a term which any extend to three months, or with fine, or
with both.
(3) If the presiding officer of a polling station has reason to believe that
any person is committing or has committed an offence punishable under this
section, he may direct any police officer to arrest such person and thereupon the
police officer shall arrest him. Any police officer may make such steps and use such
force as may be reasonably necessary for preventing any contravention of the
provisions of sub-section (1), and may seize any apparatus used for such
contravention.
35. Penalty for illegal hiring or procuring of conveyances at
elections.- If any person is guilty of any such corrupt practice as is specified in
sub-section (6) of section 27 at or in connection with an election he shall, on
conviction, be punished with fine which may extend to two hundred and fifty
rupees.
36. Breaches of official duty in connection with elections.- (1) If any
person to whom this section applies is, without reasonable cause, guilty of any act
or omission in breach of his official duty, he shall, on conviction, be punished with
fine which may extend to five hundred rupees.
(2) No suit or other legal proceedings shall lie against any such
person for damages in respect of any such act or omission as aforesaid.
(3) The persons to whom this section applies are the returning
officer, assistant returning officers, presiding officers, polling officers and any other
person appointed to perform any duty in connection with the receipt of
nominations or withdrawal of candidature, or the recording or counting of votes at
an election; and the expression "official duty" shall, for the purpose of this section,
be construed accordingly, but shall not include duties imposed otherwise than by
or under this Act in connection with such election.
37. Returning Officer, Presiding Officer, etc. deemed to be on
deputation to State Election Commission.- Notwithstanding anything contained
in this Act or any other law for the time being in force, the returning officer,
32
assistant returning officer, presiding officer, polling officer and any other officer
appointed by or under this Act and any police officer designated for the time being
by the Government, for the conduct of any election of Councillors under this Act
shall be deemed to be on deputation to the State Election Commission for the
period commencing on and from the date of notification calling for such election
and ending with the date of declaration of the results of such election and
accordingly, such officer shall, during that period, be subject to the control,
superintendence and discipline of the State Election Commission.
38. Penalty for Government servant for acting as election agent,
polling agent or counting agent.- If any person in the service of the Government
acts as an election agent or a polling agent or a counting agent of a candidate at an
election, he shall be punishable with imprisonment for a term which may extend to
three months, or with fine or with both.
39. Removal of electronic voting machine from polling station to be
an offence.- (1) Any person who at any election fraudulently takes or attempts to
take a electronic voting machine out of a polling station or willfully aids or abets
the doing of any such act shall, on conviction, be punished with imprisonment for a
term which may extend to one year, or with fine which may extend to five hundred
rupees, or with both.
(2) If the presiding officer of a polling station has reason to believe
that any person is committing or has committed an offence punishable under sub-
section (1), such officer may, before such person leaves the polling station, arrest or
direct a police officer to arrest such person and may search such person or cause
him to be searched by a police officer:
Provided that, when it is necessary to cause a women to be searched,
the search shall be made by another woman with strict regard to decency.
(3) Any electronic voting machine found upon the person arrested
on search shall be made over for safe custody to a police officer by the presiding
officer, or when the search is made by a police officer, shall be kept by such officer
in safe custody.
(4) An offence punishable under sub-section (1) shall be
cognizable.
Explanation: In this Chapter, any reference to electronic voting machine
shall also be construed as reference to ballot paper/ballot box wherever the State
Election Commission conducts election through ballot paper/ballot box.
40. Other offences and penalties therefor.- (1) A person shall be guilty
of an electoral offence if at any election, he,-
(a) fraudulently defaces or fraudulently destroys any nomination paper;
or
(b) fraudulently defaces, destroys or removes any list, notice or other
document, affixed by or under the authority of a returning officer; or
(c) fraudulently defaces or fraudulently destroys any electronic voting
machine or the official mark on any voting machine;
(d) without due authority supplies any electronic voting machine to any
person or receives any electronic voting machine from any person or
is in possession of any ballot paper; or voting machine
33
(e) fraudulently puts into any electronic voting machine anything other
than the control unit, ballot unit and voter verified paper audit trail
(VVPAT) which he is authorised by law to put in; or
(f) without due authority destroys, takes, opens or otherwise interferes
with any voting machine then in use for the purposes of the election;
or
(g) fraudulently or without due authority, as the case may be, attempts
to do any of the foregoing acts or willfully aids or abets the doing of
any such acts.
(2) Any person guilty of an electoral offence under this section shall,-
(a) if he is the returning officer or an assistant returning officer or a
presiding officer at a polling station or any other officer or person
employed on official duty in connection with the election, on
conviction, be punished with imprisonment for a term which may
extend to two years, or with fine, or with both;
(b) if he is any other person, on conviction, be punished with
imprisonment for a term which may extend to six months, or with
fine, of with both.
(3) For the purpose of this section, a person shall be deemed to be on
official duty if his duty is to take part in the conduct of an election or part of an
election including the counting of votes or to be responsible after an election for the
used ballot papers and other documents in connection with such election but the
expression "official duty" shall not include any duty imposed otherwise than by or
under this Act in connection with such election.
(4) An offence punishable under clause (b) of sub-section (2) shall be
cognizable.
41. Prosecution regarding certain offences.- No court shall take
cognizance of any offence under section 36 or under clause (a) of sub-section (2) of
section 40, unless there is a complaint made by order of, or under authority from,
such officer as may be prescribed.
42. Right to vote.- Every person whose name is in the electoral roll shall,
unless disqualified under any law for the time being in force, be qualified to vote at
the election of a councilor for the division to which such roll pertains.
43. Account of election expenses and maximum thereof.- (1) Every
candidate at an election under this Act shall either by himself or by his election
agent keep a separate and correct account of all expenditure in connection with the
election incurred or authorised by him or by his election agent between the date on
which he has been nominated and the date of declaration of the result thereof, both
dates inclusive.
(2) Any expenditure incurred or authorised in connection with the election of
the candidate under this Act by a political party or by any other association or body
or persons or by any individual (other than the candidate or his election agent)
shall not be deemed to be the expenditure in connection with the election incurred
or authorised by the candidate or by his election agent for the purpose of sub-
section (1).
Explanation 1: For the purpose of this sub-section “political
party” shall have the same meaning as in the Election Symbols (Reservation and
Allotment) Order, 1968 for the time being in force.
34
Explanation 2: For the removal of doubts, it is hereby declared
that any expenditure incurred in respect of any arrangement made, facilities
provided or any other act or thing done by any person in the service of the
Government or the service of the corporation in the discharge or purported
discharge of his official duty for, or to, or in relation to, any candidate or his
election agent or any other person acting with the consent of the candidate or his
election agent (whether by reason of the office held by the candidate or for any
other reason) shall not be deemed to be expenditure in connection with the election
incurred or authorised by a candidate or by his election agent for the purpose of
this section.
(3) The account shall contain such particulars as may be prescribed.
(4) The total of the said expenditure shall not exceed such amount as may be
prescribed.
44. Lodging of account with the returning officer.- Every contesting
candidate at the election under this Act shall, within thirty days from the date of
election of the returned candidate or, if there are more than one returned candidate
at the election and the dates of the election are different, the later of those two
dates lodge with the Returning Officer appointed at an election under this Act, an
account of his election expenses which shall be a true copy of the account kept by
him or by his election agent
45. Failure to lodge an account of election expenses.- If the State
Election Commission is satisfied that any person,-
(a) has failed to lodge an account of election expenses within the time and
in the manner required by or under this Act; and
(b) has no good reason or justification for the failure;
The State Election Commission shall by order published in the official
Gazette declare him to be disqualified and any such person shall be disqualified for
a period of three years from the date of the order.
46. Voting machines at elections.- Notwithstanding anything contained
in this Act or the rules made there under, the giving or recording of votes by voting
machines may be adopted in such constituency or constituencies as the State
Election Commission may having regard to the circumstances of each case specify.
Explanation.- For the purpose of this section „voting machine‟ means
any machine or apparatus whether operated electronically or otherwise used for
giving or recording of votes and any reference to a ballot box or ballot paper in this
Act or the rules made thereunder shall, save as otherwise provided, construed as
including a reference to such voting machine wherever such voting machine is used
in any election.
47. Power of Government to make rules for the purpose of election:-
The Government may prescribe such rules or regulations to regulate all or any of
the matters for the purpose of holding elections of councilors, Mayor, Deputy Mayor
and Chairperson of standing committees.
48. Prohibition of simultaneous membership.- (1) If a person is elected
for more than one ward, he shall, within three days from the date of the last of
such elections, by notice in writing signed by him and delivered to the
Commissioner intimate the ward from which he chooses to serve and the choice
shall be final.
35
(2) If the candidate does not make the choice referred to in sub-section (1),
the Commissioner shall determine by lot and notify the ward from which such
candidate shall serve.
(3) The said person shall be deemed to have been elected only for the seat
from the ward so chosen or notified, as the case may be, and the vacancies thereby
arising in respect of the other seat or seats shall be filled by fresh election.
(4) If a person who is chosen as a councillor of a ward is or becomes a
member of either house of the Parliament, either house of the State Legislature, or
is or becomes a Municipal Councillor or a Councillor of a Municipal Corporation
other than Bruhat Bengaluru Mahanagar Palike or a Councillor of a Town
Panchayat, or a member of a Zilla Panchayat or Grama Panchayat then at the
expiration of a period of fifteen days from the date of notification of the names of
the members under section 21, or as the case may be, within fifteen days from the
date of commencement of term of office of a member of either house of the
Parliament, either house of the State Legislature or a Municipal Councillor or a
Councillor of a Municipal Corporation other than Bruhat Bengaluru Mahanagar
Palike or a Councillor of a Town Panchayat or a member of a Zilla Panchayat or
Grama Panchayat, his seat in the Bruhat Bengaluru Mahanagar Palike shall
become vacant unless he has previously resigned his seat in either house of the
Parliament, either house of the State Legislature, the Municipal Council, the
Municipal Corporation other than Bruhat Bengaluru Mahanagar Palike, Town
Panchayat, Zilla Panchayat or Grama Panchayat as the case may be.
49. Requisitioning of premises, vehicle, etc., for election purpose.- (1)
If it appears to an officer authorised by the State Election Commission for the
conduct of elections to the Corporation under this Act (hereinafter referred to as
"the requisitioning authority") that in connection with an election under this Act,-
(a) any premises is needed or is likely to be needed for the purpose of
being used as a polling station or for the storage of ballot boxes after a poll has
been taken; or
(b) any vehicle, vessel or animal is needed or is likely to be needed for
the purpose of transport of ballot boxes to or from any polling station or transport
of members of the police force for maintaining order during the conduct of such
election, or transport of any officer or other person for performance of any duties in
connection with such election, the requisitioning authority may by order in writing
requisition such premises, or as the case may be, such vehicle, vessel or animal
and may make such further orders as may appear to it to be necessary or expedient
in connection with the requisitioning:
Provided that, no vehicle, vessel or animal which is being lawfully used by a
candidate or his agent for any purpose connected with the election of such
candidate shall be requisitioned under this sub-section, until the completion of the
poll at such elections.
(2) The requisitioning shall be effected by an order in writing addressed to
the person deemed by the requisitioning authority to be the owner or person in
possession of the property, and such order shall be served in the manner
prescribed on the person to whom it is addressed.
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(3) Whenever any property is requisitioned under sub-section (1), the period
of such requisitioning shall not extend beyond the period for which such property
is required for any of the purposes mentioned in that sub-section.
(4) In this section,-
(a) "premises" means any land, building or part of a building and
includes a hut, shed or other structure or any part thereof;
(b) "vehicle" means any vehicle used or capable of being used for the
purpose of road transport whether propelled by mechanical power or
otherwise.
50. Payment of compensation.- (1) Whenever in pursuance of section
49, the requisitioning authority requisitions any premises, the Corporation shall
pay to the persons interested compensation, the amount of which shall be
determined by the requisitioning authority by taking into consideration the
following factors that is to say:-
(i) the rent payable in respect of the premises, or if not rent is so
payable, the rent payable for similar premises in the locality;
(ii) if in consequence of the requisitioning of premises, the person
interested is compelled to change his residence or place of business,
the reasonable expenses, if any, incidental to such change:
Provided that, when any person interested being aggrieved by the amount of
compensation so determined makes an application to the requisitioning authority
within thirty days of the order under sub-section (1) the matter shall be referred by
the requisitioning authority to the Civil Judge having jurisdiction in the locality and
the amount of compensation to be paid shall be such as the Civil Judge may
determine.
Explanation.- In this sub-section, the expression "person interested" means
the person who was in the actual possession of the premises requisitioned
immediately before the requisitioning or where no person was in such actual
possession, the owner of such premises.
(2) Whenever in pursuance of section 49, the requisitioning authority
requisitions any vehicle, vessel or animal the Corporation shall pay to the owner
thereof compensation, the amount of which shall be determined by the
requisitioning authority on the basis of fares or rates prevailing in the locality for
the hire of such vehicle, vessel or animal:
Provided that where the owner of such vehicle, vessel or animal being
aggrieved by the amount of compensation so determined, makes an application
within thirty days to the requisitioning authority, the matter shall be referred to the
Civil Judge having jurisdiction in the locality and the amount of compensation to
be paid shall be such as the Civil Judge may determine:
Provided further that where immediately before the
requisitioning the vehicle or vessel was by virtue of a hire purchase agreement in
the possession of a person other than the owner the amount determined under this
sub-section as the total compensation shall be apportioned between that person
and the owner in such manner as they may agree upon and in default of agreement
in such manner as an arbitrator appointed by the requisitioning authority in this
behalf may decide.
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51. Power to obtaining information.- The requisitioning authority may
with a view to requisitioning any property under section 49, or determining the
compensation payable under section 50 by order require any person to furnish to
such authority as may be specified in the order such information in his possession
relating to such property as may be specified.
52. Power of Entry into and inspection of premises, etc.- (1) Any
person authorised in this behalf by the requisitioning authority may enter into any
premises and inspect such premises and any vehicle, vessel or animal therein for
the purpose of determining whether, and if so in what manner an order under
section 49 should be made in relation to such premises, vehicle, vessel or animal or
with a view to securing compliance with any order made under that section.
(2) In this section the expression "premises" and "vehicle" have the same
meaning as in section 49.
53. Eviction from requisitioned premises.- (1) Any person remaining in
possession of any requisitioned premises in contravention of any order made under
section 49, may be summarily evicted from the premises by any officer empowered
by the requisitioning authority in this behalf.
(2) Any officer so empowered may after giving to any woman not appearing in
public, reasonable warning and facility to withdraw, remove or open any lock or
bolt or break open any door of any building or do any other act necessary for
effecting such eviction.
54. Release of premises from requisitioning.- (1) When any premises
requisitioned under section 49, are to be released from requisitioning the
possession thereof shall be delivered to the person from whom possession was
taken at the time of the requisition or if there was no such person to the person
deemed by the requisitioning authority to be the owner of such premises and such
delivery of possession shall be a full discharge of the requisiting authority from all
liabilities in respect of such delivery but shall not prejudice any rights in respect of
the premises which any other person may be entitled by due process of law to
enforce against the person to whom possession of the premises is so delivered.
(2) Where the person to whom possession of any premises requisitioned
under section 49, is to be given under sub-section (1) cannot be found or is not
readily ascertainable or has no agent or any other person empowered to accept
delivery on his behalf, requisitioning authority shall cause a notice declaring that
such premises are released from the requisitioning to be affixed on some
conspicuous part of such premises and on the notice board of the office of the
Corporation.
(3) When a notice is affixed on the notice board as provided in sub-section
(2), the premises specified in such notice shall cease to be subject to requisitioning
on and from the date of such affixing of the notice and be deemed to have been
delivered to the person entitled to possession thereof and the requisitioning
authority or Corporation shall not be liable for any compensation or other claim in
respect of such premises for any period after the said date.
55. Penalty for contravention of any order regarding requisition.- If
any person contravenes any order made under section 49, or section 51, he shall
on conviction be punished with imprisonment for a term which may extend to one
year or with fine or with both.
CHAPTER V
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MAYOR, DEPUTY MAYOR, CHIEF COMMISSIONER, ZONAL
COMMISSIONER, ZONAL COMMITTEE, STANDING COMMITTEE, WARD
COMMITTEE, AREA SABHA
56. Mayor and Deputy Mayor.- The Members of the Corporation shall
in the first meeting of the Corporation elect one of its Members to be the Mayor and
another member to be the Deputy Mayor of the Corporation in such manner as
may be prescribed. In an event of a vacancy in the office of either the Mayor or the
Deputy Mayor, the Corporation shall within one month of such a vacancy fill up
these vacancies.
57. Term of office of the Mayor and Deputy Mayor.-The Mayor or the
Deputy Mayor shall hold office for a period of thirty months from the date of his
election and shall continue in office till his successor is elected.
58. Reservation of the office of the Mayor and Deputy Mayor- There
shall be reserved by the Government in the prescribed manner the office of Mayor
and Deputy Mayor, as the case may be, of the Corporation, for the persons
belonging to the Scheduled Castes, Scheduled Tribes and women by rotation on
occurrence of vacancy.
59. Powers and functions of the Mayor.-(1) The Mayor shall discharge
all functions as has been assigned to him under this Act.
(2) When the office of the Mayor is vacant, the Deputy Mayor shall act as
a Mayor and perform such functions as have been assigned to him until such time
that a Mayor has been appointed.
(3) The Mayor shall preside over every meeting of the corporation.
(4) Subject to the provisions of this Act, the Mayor shall have general
powers of inspection and may give direction to the Chief Commissioner with regard
to the implementation of any resolution of the corporation or a standing committee
in the discharge of any obligatory and discretionary functions of the corporation,
and the Chief Commissioner shall comply with such directions. The Mayor may call
any record of the corporation from the Chief Commissioner and the records made
available to him shall be returned by him within fifteen days from the date they are
made available.
(5) The Mayor may, by an order in writing delegate any of his functions
to the Deputy Mayor.
(6) The Mayor shall not be eligible to be elected as chairman of any
standing committee.
(7) If the Mayor is, at the time of his election as Mayor, the chairman or
an elected member of a standing committee, he shall cease to hold office as such
chairman or member of such committee.
(8) If any vacancy occurs in the office of the chairman of any standing
committee, the Mayor shall convene a meeting of such committee for the election of
another chairman.
60. Functions of the Deputy Mayor. - (1) When the office of the Mayor is
vacant, his functions shall devolve on the Deputy Mayor until a new mayor is
elected.
(2) If the Mayor is continuously absent from the city for more than eight
days, or is incapacitated for more than eight days his functions shall devolve on the
Deputy Mayor until the mayor returns to the city or recovers from his incapacity,
as the case may be.
(3) The Deputy Mayor shall have the power to direct the Chief Commissioner
to get the Administration and Audit Reports prepared in time.
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(4) The Deputy Mayor shall discharge such functions of the Mayor as may be
delegated to him by the Mayor.
61. Resignation of Mayor and Deputy Mayor.- (1) The Mayor may at any
time resign by writing under his hand addressed to the Deputy Mayor and the
Deputy Mayor may resign anytime by writing under his hand addressed to the
Mayor:
Provided that in the event of the vacancy of either the office of the Mayor or
the Deputy Mayor the resignation may be addressed to the Regional Commissioner
(2) The Regional Commissioner shall hold elections to the Office of Mayor
and Deputy Mayor in accordance with such procedure prescribed within one month
from the date of such vacancy.
(3) In the event of the office of Mayor and Deputy Mayor is vacant, the
Regional Commissioner shall discharge the functions of the Mayor till the such
elections as under sub-section (2) is held.
(4) Such a resignation delivered under sub section (1) shall take effect from
the date on which it is delivered.
62. Honoraria, fees or allowances.- (1) From out of the corporation
funds such honoraria, fees or allowances as may be determined by the Government
may be paid to Mayor, the Deputy Mayor and the Councilors.
(2) The Corporation shall place at the disposal of the Mayor annually by way
of sumptuary allowance such sum not exceeding the limit as may be prescribed:
Provided that, the limit shall be as prescribed.
(3) Notwithstanding anything contained in this Act the receipt by any person
of honorarium, fee or allowance as Mayor, Deputy Mayor or Councilor as aforesaid
shall not disqualify him for being elected as or for being a Councilor.
63. Chief Commissioner.- (1) The Chief Commissioner shall be appointed
by the Government in consultation with the Mayor and he shall not be a member of
the Corporation.
(2) The Chief Commissioner shall be an officer not below the rank of the
Principal Secretary to Government.
(3) The Chief Commissioner shall hold office for a period of two years
subject to the pleasure of the Government and may be transferred by the
Government, as may be required for the effective administration of the Corporation.
(4) The transfer of the Chief Commissioner, specified under sub section
(3) shall take place only after due consultation of the Corporation and reasons shall
be recorded for such transfer.
(5) The Chief Commissioner may be transferred from office by the
Government, upon the recommendation of the Corporation on the following
grounds, namely,-
(a) Proved to be guilty of misconduct and neglect; and
(b) Incapacity to perform duties assigned to him.
64. Powers and Functions of the Chief Commissioner.-The Chief
Commissioner shall perform the following functions, namely:-
(1) Supervise and direct the Zonal Commissioners on such matters as
necessary under the Act.
(2) Co-ordinate between the Mayor, Deputy Mayor, Council and the Zonal
Committees for all matters necessary.
(3) Decide on certain inter-zonal matters as may be referred to him by the
Zonal Commissioner.
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(4) Undertake such other functions as may be required by him to do so
under this Act or upon the direction of the Mayor or the Government.
(5) Subject, whenever it is in this Act expressly so directed, to the
approval or sanction of the corporation or the standing committee concerned and
subject also to all other restrictions, limitations and conditions imposed by this Act
or by any other law for the time being in force, the executive power for the purpose
of carrying out the provisions of this Act and of any other law for the time being in
force which imposes any duty or confers any power on the corporation shall vest in
the Chief Commissioner, who shall also,
(a) perform all the duties and exercise all the powers specifically imposed
or conferred upon him by or under this Act or by any other law for the
time being in force;
(b) in any emergency take such immediate action for the service or safety
of the public or the protection of the property of the corporation as the
emergency shall appear to him or justify or require, notwithstanding
that such action cannot be taken under this Act without the sanction,
approval or authority of some other municipal authority or of the
Government:
Provided that, the Chief Commissioner shall report forthwith to the standing
committee concerned and to the corporation the action he has taken and the
reasons for taking the same and the amount of cost, if any, incurred or likely to be
incurred in consequence of such action which is not covered by a current budget
grant under the provisions of this Act.
(6) Any powers, duties and functions conferred or imposed upon or vested in
the corporation by any other law for the time being in force shall, subject to the
provisions of such law, be exercised, performed or discharged by the Chief
Commissioner.
(7) The Chief Commissioner may, with the approval of the standing
committee concerned, by order in writing empower any corporation officer to
exercise, perform or discharge any such power, duty or function under his control
and subject to his revision and to such conditions and limitation, if any, as he shall
think fit to specify.
65. Chief Commissioner to carry on correspondence.- All
correspondence relating to any matter dealt with, by or under this Act or under any
other law between the corporation and the Government or other authority shall be
conducted by the Chief Commissioner and the Chief Commissioner shall send
copies of such correspondence to the Mayor.
66. Delegation of Chief Commissioner's ordinary power.- Subject to
the rules made by the State Government, the Chief Commissioner may delegate to
any officer of the Corporation subordinate to him any of his ordinary powers, duties
and functions including such powers as may be prescribed.
67. Delegation of Chief Commissioner's extraordinary power.- The
Chief Commissioner may on his own responsibility and by order in writing
authorise the health officer, the engineer, the revenue officer or any other officer
who is the head of a department working under the Chief Commissioner, or any
person in temporary charge of the duties of any of the officers aforesaid to exercise
the extraordinary powers conferred on him by clause (b) of sub-section (5) of
section 64.
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68. Custody of records.- The Chief Commissioner shall be responsible
for the custody of all records of the corporation including all papers and documents
connected with the proceedings of the corporation, the standing committee and
other committees.
69. Control over Corporation establishment.- Subject to the provisions
of this Act, rules and regulations, the Chief Commissioner shall specify the duties
of persons borne on the Corporation establishment and exercise powers of
supervision and control over them and decide all questions relating to their
conditions of service.
70. Salary and Allowances of the Chief Commissioner.-The Chief
Commissioner shall be paid out of the Corporation Fund such monthly salary and
allowances, if any, as may from time to time be fixed by the State Government and
shall also be given such facilities in relation to residential accommodation,
conveyance and such other facilities as may be fixed by the Government.
71. Appointment of officiating Chief Commissioner in case of death,
resignation or removal of Commissioner.-If any vacancy occurs in the office of
the Chief Commissioner on account of death, resignation or removal, the
Government may appoint another Officer not below the rank of the Principal
Secretary to Government to take the role of the acting Chief Commissioner in his
place for a term not exceeding six months, pending the appointment of a new Chief
commissioner.
72. Zonal Commissioner.- A Zonal commissioner shall be appointed by
the Government, for each zone notified by it and shall be a person not below the
rank of the Secretary to the Government.
73. Salary and Conditions of the Zonal Commissioner.-The Zonal
Commissioner shall be paid out of the Municipal Fund of the state such monthly
salary and such monthly allowances, if any, as may from time to time be fixed by
the Government and shall also be given such facilities in relation to residential
accommodation, conveyance and such other facilities as may be fixed by the
Government.
74. Powers and Functions of the Zonal Commissioner.-The Zonal
Commissioner shall perform the following functions, namely:-
(a) He shall be the nodal authority for carrying out the civic
administration on those matters specified under this Act for the zone
under his jurisdiction;
(b) He shall supervise, direct and coordinate the ward committees and
the area sabhas on such matters as specified under this Act;
(c) He shall undertake functions as directed by the Chief Commissioner
or Mayor from time to time; and
(d) Subject to the rules made by the State Government, the Zonal
Commissioner may delegate to any officer of the Corporation
subordinate to him any of his ordinary powers, duties and functions
as provided under the Act.
75. Establishment of a Constituency Consultative Committee.- (1)
There shall be a Committee known as the Constituency Consultative Committee,
which shall be established by the Government for every assembly constituency in
the corporation area.
(2) The Constituency Consultative Committee shall consist of the following
members namely:-
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(a) Member of the legislative Assembly from that Assembly Constituency
who shall be the Chairperson;
(b) the Corporation Councillors of all wards in that assembly constituency;
(c) not more than five resident association representatives of the Assembly
Constituency nominated by the Chairperson with the approval of the
Government.
(3) The term of nominated members shall be thirty months.
(4) A person shall be disqualified for being nominated as a member of the
Constituency Consultative Committee or to continue as such member, if under the
provisions of the Act, for the time being in force, he would be disqualified for being
elected as a Councillor of a Corporation.
(5) The nominated member shall not have any personal interest in the affairs
of the Corporation.
76. Functions of the Constituency Consultative Committee.- The
Constituency Consultative Committee shall:-
(a) Give aid and advice the zonal committees in the performance of their
functions;
(b) review the working of the zonal committees and provide suggestions
for the improvement of backward ward;
(c) Monitor the implementations of any projects in the constituency;
(d) Receive any grievances from the general public relating to the
functioning of any authority empowered under this Act;
(e) advise the ward committees in carrying out their functions under the
Act; and
(f) Upon the previous sanction of the Chairperson seek such information
necessary to review the working of the zonal committee and provide
suggestions for the improvement of backward Ward.
77. Establishment of Zonal Committees.-(1)Each Zone of a Corporation
shall have a Zonal Committee consisting of the following members namely:-
(a) The Chairperson of the Zonal Committee shall be a councilor
representing one of the wards within the Zone who shall be elected
among councilors of the any such manner as may be prescribed.
(b) All the Councilors elected from the wards within the Zone;
(c) An Engineer who is incharge of the particular zone- Ex-officio Member;
(d) one person who is an expert in solid waste management nominated by
Government; and
(e) one person who is an expert in urban governance nominated by the
Government.
(2) The term of the Chairperson of the Zonal Committee shall be one year.
(3) A councilor who has become Chairperson of the zonal committee shall
not be eligible to become Chairperson for the second term.
(4) Officers of the Bengaluru Development Authority and the Bengaluru
Water Supply and Sewerage Board who are responsible for the maintenance of
services within the concerned zone shall be ex-officio members of the Zonal
Committee. Police Officers including traffic incharge of the ward, BESCOM Officer
incharge of the Zone shall attend the meetings of the Zonal Committees as may be
required but shall not have the right to vote.
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(5) The Zonal Commissioner shall be coordinator of the Zonal Committee.
(6) The Government shall by way of Rules specify the qualifications, manner
of appointment and honorarium of the expert members of the zonal committee.
(7) The Zonal Commissioner shall call for a meeting of the zonal committee
at least once a month and the minutes of every zonal committee meeting shall be
recorded, submitted to the Chief Commissioner and published on such mediums as
may be specified within fifteen days from the date of such meeting.
(8) The quorum for a zonal committee meeting shall be one fourth.
(9) The Corporation shall provide an office space and secretarial staff for the
working of the Zonal Committee
78. Powers and Functions of the Zonal Committee.- (1) The Zonal
Committee shall,-
(a) Supervise the implementation of any project or scheme of the
Corporation which cuts across the boundaries of multiple wards but
is within the boundaries of the Zone;
(b) Issue directions to the respective ward engineer or such other officers
of the Corporation for the implementation of any project or scheme;
(c) Approve fresh infrastructure projects on management of solid waste,
improvement of public streets, improvement of public spaces
including parks and improvement of the aesthetics of the zone up to
such amounts as may be specified and beyond such amount
recommend to the Corporation of such projects;
(d) Recommend to the Corporation any amendments to the bye-laws of
the Corporation;
(e) Take up discussion on those matters recommended by the ward
committees, recommend the same to the corporation and issue
directions to the ward committees within its delegated power to
undertake such functions;
(f) Organize public engagement activities to improve civic awareness; and
(g) subject to the general supervision and control of the Corporation,
discharge such functions as the Corporation may, from time to time,
determine by regulations.
(2) Any project approved by the zonal committee shall follow such
applicable law and procedure. All decisions in the Zonal Committee shall, as far as
possible, be arrived at through consensus and where consensus is not possible, the
decision shall be taken by the majority of the members present and voting.
(3) The Chief Commissioner shall have the power to review and nullify
the decisions of the Zonal Committee if it is of the opinion that such decisions are
contrary to the provisions of the Act or any other law for the time being in force.
79. Allocation of Funds.- (1) The Zonal Committee shall allocate such
amounts out of the budget earmarked for the particular zone to the ward
committees for undertaking its functions mentioned under Section 78.
(2) Allocation and utilisation of funds to and by the ward committees for
maintenance of civic services shall be in the manner prescribed by the Government
and the ward committee shall be required to furnish a utilization report to the zonal
committee in such time period and such formats as may be prescribed.
80. Establishment of Standing Committees.-(1) There shall be the
following Standing Committees for the Corporation,-
(a) Standing Committee for taxation and finance and appeals
(b) Standing Committee for public health, solid waste and disaster
management.
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(c) Standing Committee for establishment and administrative reforms;
(d) Standing Committee for markets.
(e) Standing Committee for Ward level Public works, town planning and
infrastructure
(f) Standing Committee for Education and social justice
(g) Standing Committee for Horticulture
(h) Standing Committee for Audit and Accounts
(2) Each Standing Committee shall consist of fifteen councillors who shall
be elected by the Council.
(3) Each Standing Committee shall have a chairperson who shall be
elected by the members of such standing committee on its first meetingof the
corporation after the general elections and at the first meeting in the same month
in each succeeding year according to the principle of proportionate representation
by means of single transferable vote in such manner as may be prescribed
(4) The duration of the Standing Committee shall be one year.
(5) The Mayor and Deputy Mayor shall be the ex-officio members of all
the standing committees.
(6) A person shall cease to be a member of the standing committee if he
ceases to be a Corporation member or if he absents himself without the permission
of the standing committee for three consecutive meetings of the standing
committee.
(7) Where a casual vacancy occurs in the membership of a standing
committee it shall be filled by the Corporation by the election of another Palike
member. The person so elected shall hold office only so long as the person in whose
place he is elected would, but for the occurrence of the vacancy, have held.
(8) A member of the standing committee may resign his office at any time
by notice in writing addressed to the chairman of the standing committee or where
there is no Chairman to the Mayor and delivered to the Chairman or as the case
may be to the Mayor and such resignation shall take effect from the date on which
it is delivered.
81. Powers and Functions of the Standing Committee.-(1) Subject to
the provisions of the Act and the rules made thereunder, the powers and functions
of the Standing Committee shall be as follows:-
(a) The Standing Committee for taxation, finance and appeals shall deal
with all matters relating to finance, taxation and appeal and all
matters not specifically assigned to any other Standing Committee;
(b) The standing committee for public health, Solid waste and disaster
management shall deal with all matters relating to public health,
waste and disaster management;
(c) The Standing Committee on infrastructure shall deal with all matters
relating to infrastructure;
(d) 1[xxx]1
(e) The Standing Committee for establishment and administrative
reforms shall deal with all matters relating to establishment and
administrative reforms; and
(f) the Standing Committee for Audit and Accounts shall deal with all
matters relating to accounts and audit;
(g) the Standing Committee for Education shall deal with all matters
relating to preprimary, primary, secondary and higher secondary
education including physical education and sports and play grounds;
(h) the Standing Committee for Social Justice shall deal with all matters
relating to securing the social justice to persons belonging to the
45
Scheduled Castes and Scheduled Tribes and other weaker sections of
the society and women;
(i) the Standing Committee for markets shall deal with all matters
relating to the markets; and
(j) the Standing Committee for Horticulture shall deal with all matters
relating to the Parks.
(2) The standing committees shall also have power to,-
(i) call for such records as may be required for disposal of day to day
business; and
(ii) perform such other functions as may be prescribed.
1. Omitted by Act 17 of 2024 w.e.f. 7.3.2024
82. Constitution of the Ward Committee.-There shall be a Ward
Committee for each Ward of the Corporation.
83. Composition of the Ward Committee.- (1) There shall be a Ward
Committee for each ward in the Corporation.
(2) The Ward Committee shall consist of the following, namely:-
(a) the Councillor of the Corporation representing the Ward, shall be
the Chairperson of the Ward Committee;
(b) ten other members to be nominated by the Corporation; out of
which, there shall be,-
(i) at least two members belonging to the Scheduled Castes and the
Scheduled Tribes;
(ii) at least three women members; and
(iii) at least two members representing residents Associations, whatever
name called satisfying all conditions mentioned below, namely:-
(a) its registered office shall be located within the jurisdiction of that
ward;
(b) it shall represent majority of residents, or civic groups, or commercial
groups or industrial groups;
(c) it shall have been actively engaged in its activities for not less than
three years; and
(d) it shall be a registered Association by whatever name called,
comprising of individuals who serve in a fiduciary capacity;
Provided that, half of the persons to be nominated to the Ward Committee
shall be women and at least one fourth of the members nominated to the Ward
Committee shall belong to Scheduled Castes and/ or Scheduled Tribes.
(3) All Area Sabha representatives falling within the jurisdiction of the ward
shall be invitees to the meetings of the Ward Committee but shall not have the right
to vote.
(4) A person shall be disqualified for being nominated as a member of the
Ward Committee or to continue as such member, if under the provisions of the Act,
for the time being in force, he would be disqualified for being elected as a
Councillor of a Corporation.
(5) The term of office of the Ward Committee shall be co-terminus with the
term of office of the Corporation.
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84. Procedure for nomination as a member of the Ward Committee.-
The Chief Commissioner or an officer authorized by the Chief Commissioner shall,
within thirty days of the completion of the Corporation election shall nominate
members to the wards committee.
85. Meeting of the Ward Committee.-(1)The Ward Committee shall meet
at least once in a month for discharging the duties and performing the functions as
are assigned to it under the Act, from time to time.
(2) An officer of appropriate rank shall be designated by the Zonal
Commissioner of the respective zone to act as Secretary for each Ward Committee,
who shall also be a member of the ward committee, to provide administrative
assistance to it.
(3) All minutes of the proceedings of the meeting of the Ward Committee
shall be recorded by the Secretary and a copy of the same shall be forwarded to the
Corporation.
(4) The meeting of the Ward Committee shall be convened by the
Secretary of the Ward Committee in consultation with Chairperson.
(5) No meeting of the ward committee shall be held on a public holiday
and on the day on which a meeting of the Corporation is scheduled to be held.
(6) No meeting shall be held unless notice of the day and time when the
meeting is to be held and of the agenda has been given at least five days before the
day of the meeting.
(7) The quorum for the meetings shall be one third of members.
(8) Decisions of the Ward Committee shall normally be taken on the
basis of simple majority.
(9) No act or proceedings undertaken under this Act by the Ward
Committee shall be invalid merely on the ground of any vacancy in it.
(10) The Zonal Commissioner or his nominee, shall be entitled to take part
in the meetings and deliberations of the Ward Committee but shall not have the
right to vote.
(11) The Chairperson of the Ward Committee may request the
representatives of concerned departments of the Corporation as special invitees to
participate in the meetings.
(12) The Chairperson, or in her absence, a member chosen, by the
members present, from among themselves, shall preside over the meeting.
(13) The manner of conduct of business at the meetings of the Ward
Committee shall be such as may be prescribed.
86. Functions of the Ward Committee.- (1) The Ward Committee shall
discharge the following functions, namely:-
(a) prepare and submit Ward Development Scheme to the corporation for
allotment of funds;
(b) prepare and submit annual Ward Development Plan, drawn up in
accordance with the plans prepared by the Bengaluru Metropolitan
Planning Committee and the Corporation, in the form of a priority list
specifying the projects and schemes proposed to be implemented in
the following financial year for allotment of funds and ensure proper
utilization of the funds allotted under ward development plan in the
ward;
(c) call for an annual general meeting of the Ward Sabha consisting of all
persons registered as voters in the Ward for providing inputs for the
formulation of the Annual Ward Development Plan, giving due
publicity and notice for the same to ensure maximum participation in
the Ward.
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(d) call for any general meeting to discuss any issue which requires
decision making by popular participation
(e) invite applications for the selection of beneficiaries and prepare the
draft priority list after making enquiry on the applications received in
this behalf and send it for the consideration of the Area Sabha
concerned, and prepare the final list based on the inputs of the Area
Sabha for submission to the Zonal Committee;
(f) ensure proper utilization of the funds allotted under ward
development scheme in the ward.
(g) approve the list of beneficiaries for beneficiary oriented schemes of the
Corporation submitted by Area Sabhas falling under that ward;
(h) scrutinize list of ineligible beneficiaries submitted by the Area Sabhas
and submit it to the Corporation;
(i) supervise all programmes and schemes being implemented by the
Corporation in the ward;
(j) ensure timely collection of taxes, fees and other sums due to the
Corporation;
(k) ensure water supply maintenance in the ward and finalize location of
new public taps and public wells;
(l) ensure sewerage system maintenance in the ward;
(m) ensure proper solid waste management and sanitation work in the
ward and finalize location of new public sanitation units;
(n) ensure maintenance of street lighting in the ward and finalize location
of new street lights;
(o) ensure maintenance of parks, open spaces, greening of area in the
ward; (l) ensure afforestation, and implementation of rain water
harvesting schemes;
(p) mobilize voluntary labour and donation by way of goods or money for
implementation of Ward Development Scheme and various
programmes and schemes of Corporation;
(q) inform the Corporation regarding any encroachment of land belonging
to the Corporation;
(r) to display ward budget and current undergoing projects to public
notice; and
(s) perform such other functions as may be assigned to it by the
Corporation as per its bye-laws.
(2) The procedure to be adopted by the Ward Committee in the transaction of
its business shall be such as may be prescribed.
(3) The Corporation shall provide an office space and secretarial staff for the
working of the Ward Committee
(4) The recommendations of the ward committee shall be advisory in nature.
87. Allocation of Funds.-(1)The Zonal Committee shall allocate such
amounts out of the budget earmarked for the particular zone to the ward
committees for maintenance of services like water supply, sanitation, drains, street
lights, parks, markets among others in the ward.
(2) Allocation and utilisation of funds to and by the ward committees for
maintenance of civic services shall be in the manner prescribed by the Government
and the ward committee shall be required to furnish a utilization report to the zonal
committee in such time period and such formats as may be prescribed.
88. Appointment of sub-committees.-The Ward Committee may, from
time to time, appoint sub committees as it may think fit and may refer to such sub-
48
committees for opinion or enquiry on any matter relating to the functions entrusted
to the Ward Committee.
89. Determination of Areas.-The Government shall, by order, determine ,–
(a) the areas into which each ward shall be divided; and
(b) as far as possible, the territories representing two or more but not
exceeding five contiguous polling stations may be determined as an area.
90. Constitution of Area Sabhas.- (1) Each ward shall be divided into
such number of areas and there shall be an Area Sabha for each such area.
(2) All persons who are registered as voters in an area shall be members of
that Area Sabha.
91. Representatives of the Area Sabha.-(1) There shall be an Area
Sabha Representative for each area to be nominated by the Zonal Committees from
the representatives of the civil society in the manner as may be prescribed.
(2) The qualifications and disqualifications prescribed for getting elected as
member of Corporation and for holding the office as Member of Corporation under
the relevant provisions of the Act shall apply mutatis mutandis for the
representative of the Area Sabha.
(3) The Area Sabha representative shall be a member of that Area Sabha.
(4) The term of the representative of the Area Sabha shall be ordinarily co-
terminus with that of the Corporation.
92. Meetings of the Area Sabha.-(1) The Area Sabha shall meet at least
once in a month.
(2) The Area Sabha Representative shall preside over the meeting of the Area
Sabha.
(3) An officer of appropriate rank shall be designated by the Zonal
Commissioner to act as a nodal officer for each Area Sabha and who shall provide
all administrative assistance to the Area Sabha Representative in conducting
meetings of the Area Sabha.
(4) The nodal officer shall be the convener of the Area Sabha meetings and
shall convene the meeting in consultation with the Area Sabha Representative.
(5) All minutes of the proceedings of the meeting shall be recorded by the
nodal officer and a copy of the same shall be forwarded by him to the Ward
Committee.
(6) All decisions in the Area Sabha shall be as far as possible be arrived at
through a consensus of all the members present. Where consensus is not possible,
the decision shall be taken by the majority of the members present.
93. Functions of the Area Sabha.-An Area Sabha shall perform and
discharge the following functions and duties, namely, –
(a) to generate proposals and determine the priority of schemes and
development programmes to be implemented in the Area Sabha and
forward the same to Ward Committee for inclusion in the development
plan of the Ward Committee;
(b) to identify the most eligible persons for beneficiary-oriented schemes
on the basis of criteria fixed by the Government and prepare the list of
beneficiaries in order of priority and forward the same to Ward
Committee for inclusion in the development plan of the Ward
Committee;
(c) to verify the eligibility of persons getting various kinds of welfare
assistance from Government such as pensions and subsidies;
(d) to get information from the officials concerned as to the services they
will render and the works proposed to be executed in the area in the
upcoming quarter after the meeting of the Ward Committee;
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(e) to seek information from the Ward Committee of follow up action
taken on the decisions concerning the jurisdiction of the area;
(f) to identify the deficiencies in water supply, street lighting and
sanitation arrangements in the jurisdiction of the Area Sabha and to
suggest the remedial measures to the Ward Committee;
(g) to suggest the location of street lights, public taps, public wells,
public toilets to the Ward Committee; and
(h) to assist in the activities of public health centres in the area; and to
perform such other functions as may be prescribed.
94. Power of councillors.- (1) Any councillor may draw the attention of
the proper authority to any neglect in the execution of corporation work, to any
waste of corporation property or to the wants of any locality, and may suggest any
improvements which he considers desirable.
(2) Every councillor shall have the right to interpellate on matters connected
with the corporation administration subject to the regulations framed in this
behalf.
(3) The Corporation member shall have the right to represent the interests of
the ward from which he is elected in the Corporation and may draw the attention of
the Mayor to the proposals and resolutions made by the Ward Committee of which
he is the Chairperson.
95. Honorarium for Corporation members: (1) From out of the
Corporation funds such honoraria, fees or allowances as may be determined by the
Government may be paid to the Corporation members.
(2) Notwithstanding anything contained in this Act the receipt by any person
of honorarium, fee or allowance as Corporation member as aforesaid shall not
disqualify him for being elected as or for being a Corporation member.
96. Appeal to the Election of Mayor, Deputy Mayor etc.-(1) Any person
aggrieved by the decision of the Regional Commissioner or the Chief Commissioner
with respect to election to the office of the Mayor, Deputy Mayor, Members and
Chairperson of the standing committees may appeal against such decisions to the
Karnataka Appellate Tribunal within thirty days from the date of communication of
such decision.
(2) No suit shall be entertained by a civil court in respect of any matter
relating to the election, appointment or removal of the Mayor, Deputy Mayor,
Members and Chairperson the Mayor or Deputy Mayor, members and chairman of
the standing committees unless such suit is authorised by the provisions of this
Act or any rule made under this Act.
CHAPTER VI
Corporation officers and servants and their appointments and
Conditions of service
97. Appointment to certain posts under the corporations to be made
from Karnataka Municipal Administrative Service.- (1) Notwithstanding
anything contained in this Act or in any other law for the time being in force such
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of the posts under the corporation as are included in the Karnataka Municipal
Administrative Service shall be filled by the Government by appointment of officers
belonging to the Karnataka Municipal Administrative Service.
(2) Subject to the provisions relating to recruitment and conditions of service
applicable to them , the officers of the Karnataka Municipal Administrative Service
referred to in sub-section (1) shall, for the period of their service under the
corporation, be governed by the provisions of this Act, the rules, the regulations or
the bye-laws framed thereunder.
(3) The Corporation shall contribute such percentage of its revenues in such
manner and at such times as the Government may by order determine, to meet the
expenditure in respect of salaries, allowances, pension, provident fund, gratuities
and other necessary expenses payable to the officers of the Karnataka Municipal
Administrative Service shall be made by the Commissioner under the corporation.
(4) If the Corporation fails to pay the amount required to be paid under
subsection (3), the Government may direct the officer having custody of the
corporation fund to pay such amount or so much thereof as is possible from the
balance of the corporation fund in his hands.
98. Appointment of Engineer, Health Officer etc.- (1) The Government
shall depute for the corporation such officers from the respective departments of
the State Civil Services as it considers suitable to be the Engineer, Town Planner,
Health Officer, Revenue Officer, Chief Accounts Officer and Council Secretary for
the efficient functioning of the corporation and such officers shall be heads of their
respective departments in the corporation and they shall be subordinate to the
Chief Commissioner. The Government may also depute such number of Deputy
Commissioners and Assistant Commissioners, as may be required, who shall
exercise such powers and discharge such functions as may be prescribed in the
rules. They shall be subordinate to the Zonal Commissioner.
(2) The Government shall depute a Chief Town Planner of the rank of the
Director of Town and Country Planning who shall be subordinate to the Chief
Commissioner and Zonal Town Planner at Zonal office not below the rank of
Deputy Director of Town and Country Planning and such other officers from the
Department of Town and Country Planning qualified in Town and Country
Planning who shall be subordinate to the Zonal Commissioner, to assist the
corporation in the matter relating to Town Planning.
(3) The Government shall, in consultation with the Mayor, appoint an
officer not below the rank of an Assistant Commissioner to be the council secretary.
The officer appointed shall be on deputation ordinarily for a period of three years
and if the corporation by two thirds majority of its members so desire he shall be
withdrawn earlier and another person shall be appointed. It shall be the duty of
the council secretary to attend every meeting of the corporation and the standing
committees and he shall perform such other duties as are imposed on him by or
under this Act.
(4) The officers appointed under sub-section (1) shall be whole-time
officers of the corporation and shall not undertake any work unconnected with
their offices.
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99. Legal cell.- (1) There shall be a legal cell in the corporation
consisting of such number of officers possessing such qualifications as may be
prescribed.
(2) The corporation shall consult the legal cell on all matters pertaining to
the interpretation of the provisions of this Act and the Rules, Regulations and bye-
laws made there under and also in matters pertaining to the institution, defence or
conduct of suits and other legal proceedings to which the corporation is a party.
(3) The expenditure on the legal cell shall be met out of the corporation
funds.
100. Special appointments.- The Corporation may appoint,-
(a) special health officers for the purpose of making investigations and
proposing preventive or remedial measures with special reference to
the occurrence of any unusual mortality or the prevalence or
apprehended out break of any dangerous disease within the city;
(b) engineers, architects or experts in town improvement or town
planning for the purpose of preparing, executing or supervising any
scheme of work undertaken by the corporation;
(c) special revenue officers for the purpose of introducing a new tax or
discharging any duty connected with the revenue administration of
the corporation:
Provided that,-
(i) no such special office shall be created without the sanction of the
Government;
(ii) the period of duration of any such officer, the salary, the
allowances and the conditions of service attaching thereto shall be
fixed by the corporation, subject to the sanction of the
Government, and shall not be varied without the like sanction.
101. Contribution in respect of Government servants.- (1) If an officer
or servant serving or having served under the corporation is or has been
transferred from or to the service of the Government or is employed partly under
the Government and partly by the corporation, the corporation shall make such
contribution towards his leave allowances, pension and provident fund as may be
required to be made by him or on his behalf under the rules and regulations of the
branch of Government service to which he belongs.
(2) Every Government servant employed by the corporation shall be
entitled to salary, leave and other privileges in accordance with the rules and
regulations of the branch of Government service to which he belongs.
102. Establishment schedule.- (1) The Chief Commissioner shall lay
before the standing committee for taxation, finance 1[XXX]1 or establishment and
administrative reforms as the case may be a Schedule setting forth the
designations and grades of the officers and servants who should in his opinion
constitute the corporation establishment and embodying his proposals with regard
to the salaries, fees and allowances payable to them.
(2) The standing committee may either approve or amend such Schedule as
it thinks fit and shall lay it before the corporation with its remarks, if any.
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(3) The Corporation shall sanction such schedule with or without
modifications as it thinks fit and may from time to time amend it at the instance of
the Chief Commissioner and standing committee:
Provided that, no new office shall be created without the sanction of the
Government if the maximum monthly salary exceeds Rupees ten thousand.
1. Omitted by Act 17 of 2024 w.e.f. 7.3.2024
103. Reservation of posts for appointment.- In making appointments the
appointing authority shall reserve adequate number of posts for the Scheduled
Castes, the Scheduled Tribes and socially and educationally backward classes of
citizens in the same manner and to the same extent as is applicable for the
recruitment to posts in the State Civil Services.
104. Punishment for corporation officers and other employees.- (1)
Every corporation officer or other corporation employee shall be liable to have his
increments or promotion with-held or to be censured, reduced in rank,
compulsorily retired, removed or dismissed for any breach of any departmental
rules or regulations or of discipline or for carelessness, unfitness, neglect of duty or
other misconduct by such authority as may be prescribed:
Provided that no such officer or other employee as aforesaid shall be reduced
in rank, compulsorily retired, removed or dismissed by any authority subordinate
to that by which he was appointed:
Provided further that the corporation employees belonging to such classes or
categories as may be prescribed by the rules shall be liable also to be fined by such
authority as may be specified therein.
(2) No such officer or other employee shall be punished under sub-section (1)
unless he has been given a reasonable opportunity of showing cause against the
action proposed to be taken in regard to him:
Provided that this sub-section shall not apply,-
(a) where an officer or other employee is removed or dismissed on the
ground of conduct which has led to his conviction on a criminal
charge; or
(b) where the authority empowered to remove or dismiss such officer or
other employee is satisfied that for reasons to be recorded by that
authority it is not reasonably practicable to give that person an
opportunity for showing cause.
(3) If any question arises whether it is reasonably practicable to give to any
officer or other employee an opportunity of showing cause under sub-section (2) the
decision thereon of the authority empowered to remove or dismiss such officer or
other employee shall be final.
(4) Any officer or other employee upon whom a punishment has been
imposed under this section may appeal to such officer or authority as may be
prescribed.
105. Power of Government to make rules regarding the conditions of
service applicable to employees.- (1) The Government may by rules provide for
the following matters namely:-
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(a) the tenure of office, salaries and allowances, provident fund, pension,
gratuity, leave of absence and other conditions of service of officers
and other employees appointed under this Chapter;
(b) the procedure to be followed in imposing any penalty under sub-
section (1) of section 104, suspension pending departmental inquires
before the imposition of such penalty and the authority by whom such
suspensions may be ordered; the officer or authority to whom an
appeal shall lie under sub-section (4) of that section;
(c) any other matter which is incidental to or necessary for the purpose of
regulating the appointment and conditions of service of persons
appointed to services and posts under the Corporation and any other
matter for which, in the opinion of the Government, provision shall be
made by rules.
CHAPTER VII
POWERS AND FUNCTIONS OF THE CORPORATION
106. General powers of the Corporation.-(1)Subject to the provisions of
this Act and the rules, regulations and bye-laws made thereunder the municipal
governance of Bengaluru shall vest in the Corporation.
(2) Without prejudice to the generality of the provisions of sub-section (1), it
shall be the duty of the Corporation to exercise such powers, perform such
functions and discharge such duties prescribed by and under this Act.
107. Powers and Functions of the Corporation.-(1)The Corporation shall
have the power and responsibility to prepare and implement schemes for urban
development and social justice in relation to the matters enumerated in the First
Schedule, subject to the provisions of this Act and the provisions of the other Acts,
rules and such other provisions as may be prescribed in this behalf:
Provided that, it shall be the duty of the Corporation to render
necessary services to the inhabitants of the Corporation area in respect of the
matters enumerated as core functions in the First Schedule;
(2) The Corporation shall have such powers, authority and
responsibilities, as prescribed, to enable it to function as an institution of self-
government in respect of the matters entrusted to it.
(3) The annual budget allocation, in respect of the subjects provided in
the First Schedule, by the Government shall be wholly allotted to the Corporation.
(4) The Corporation shall manage institutions and administer the
schemes allocated to it, subject to the guidelines and technical directions from the
Government and in accordance with the State and National policies.
(5) Where any development scheme, project or plan involves selection of
beneficiaries, the criterion for the eligibility and priority for such selection shall be
determined by the Corporation subject to the terms and conditions of such scheme,
project or plan and such criteria shall be published in the prescribed manner and
shall be intimated to the Ward Committee concerned.
108. Additional Functions assigned by the Government.-(1)The
Corporation may, subject to the underwriting of the costs by, and approval of, the
Central Government or the State Government, as the case may be, undertake any
function belonging to the functional domain of the Central Government or the State
Government as the case may be, and such functions may include primary
54
education, curative health, urban transport, supply of energy, fire prevention and
fire safety and urban poverty alleviation.
(2) The Corporation may also, subject to the orders of the State Government,
undertake such or all functions related to,–
(a) Urban development including development of commercial
infrastructure;
(b) Public welfare including community relations; and
(c) Such other functions as may be assigned.
109. First charge on Corporation Fund.-(1)The core functions of the
corporation shall constitute the first charge on the Corporation fund.
(2) Subject to the satisfactory performance of the core functions and the
availability of Corporation funds, the Corporation shall undertake or perform, or
promote the performance of any of the general functions or sector-wise functions
referred in the First Schedule.
CHAPTER VIII
PROCEDURE OF THE CORPORATION AND COMMITTEES
110. Proceedings of the Corporation and standing committees.- (1) The
first meeting of the corporation after the general election shall be held as early as
possible after the publication of the results of such election and shall be convened
by the Chief Commissioner. It shall be presided over by the Regional Commissioner
of the revenue region having jurisdiction.
(2) The meetings of the corporation and the standing committees shall
be held in the office of the corporation and the business before them shall be
disposed of in accordance with the prescribed procedure. Notices of such meetings
shall be issued by the council secretary who in the case of meetings of the
corporation shall do so in consultation with the Mayor and the Chief Commissioner
and in the case of meetings of a standing committee in consultation with the
chairman of such committee and the Chief Commissioner. Every notice shall
specify the agenda for the meeting. Ordinarily no subject not included in the
agenda shall be taken up at the meeting except matters considered urgent by the
Mayor or the chairman which may be considered if supplementary agenda in
respect thereof has been circulated among the councillors or members before the
meeting.
(3) The corporation may require any of its officers to attend any meeting of
the corporation at which any matter dealt with by such officer in the course of his
duties is being discussed when any officer is thus required to attend any such
meeting he may be called upon to make a statement of facts or supply such
information in his possession relating to any matter dealt with by him as the
corporation may require.
111. Obligation laid on remaining Corporation authorities to carry out
resolutions of the corporation.- The committees constituted under this Act and
the Chief Commissioner shall be bound to give effect to every resolution of the
corporation unless such resolution is cancelled in whole or in part by the
Government:
Provided that, if, in the opinion of the Chief Commissioner any resolution of
the corporation or a committee constituted under this Act contravenes any
55
provision of this Act or any other law or of any rule, notification, regulation or bye-
law made or issued under this Act or any other law, or of any order passed by the
Government or is prejudicial to the interests of the corporation he shall, within
fifteen days of the passing of the resolution, refer the matter to the Government for
orders and inform the corporation or the committee, as the case may be, of the
action taken by him at its next meeting and until the orders of the Government on
such reference are received, the Chief Commissioner shall not be bound to give
effect to the resolution.
112. The Corporation may call for extracts from proceedings, etc.,
from the standing committee, etc.- The corporation may at any time call for any
extract from any proceedings of any committee constituted under this Act, and any
return, statement, account or report concerning or connected with any matter with
which any such committee is empowered by or under this Act to deal; and every
such requisition shall be complied with by the committee without unreasonable
delay.
113. Proceedings of the corporation, etc., not vitiated by
disqualification, etc., of members thereof.- (1) No act done or proceeding taken
under this Act shall be questioned merely on the ground,-
(a) of any vacancy or defect in the constitution of the corporation or of
any standing committee; or
(b) of any defect or irregularity in such act or proceeding, not affecting the
merits of the case.
(2) No disqualification of or defect in the election or appointment of any
person acting as a councillor, Mayor or the Deputy Mayor or as the chairman or a
member of any standing committee appointed under this Act shall be deemed to
vitiate any act or proceedings of the corporation or of any such standing committee
in which such person has taken part provided that the majority of the persons who
were parties to such act or proceedings were entitled to act.
114. Record of proceedings.- Proceeding of the meetings of the
corporation and the standing committees shall be recorded by the council secretary
and shall be placed before the next meeting for confirmation.
115. Proceedings of meetings to be good and valid until contrary is
proved.- Until the contrary is proved, every meeting of the corporation or of a
standing committee in respect of the proceedings whereof a minute has been made
and signed in accordance with this Act or the rules shall be deemed to have been
duly convened and held and to be free from all defects and irregularities, and all
the members of the meeting shall be deemed to have been duly qualified; and
where the proceedings are proceedings of a standing committee such standing
committee shall be deemed to have been duly constituted and to have had power to
deal with the matters referred to in the minute.
116. The Chief Commissioner's right to attend and take part in
discussion but not to move resolution or to vote.- (1) The Chief Commissioner
shall have the right to attend the meetings of the corporation and of any standing
committee and to take part in the discussion but shall not have the right to move
any resolution or to vote.
(2) He shall attend any meeting of the corporation or of a standing committee
if required to do so by the Mayor.
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117. The Councillors to refrain from taking part in discussion and
voting on questions in which they have pecuniary interest.- (1) No councillor
shall vote on or take part in the discussion of, any question coming up for
consideration at a meeting of the corporation or any standing committee, if the
question is one in which apart from its general application to the public he has any
direct or indirect pecuniary interest by himself or his partner.
(2) The Mayor or chairman may prohibit any councillor from voting on or
partaking in the discussion of, any matter in which the councillor is believed to
have such interest or he may require the councillor to absent himself during the
discussion.
(3) Such councillor may challenge the decision of the Mayor or chairman,
who shall thereupon put the question to vote and the decision of the meeting shall
be final.
(4) If the Mayor or chairman is alleged by any councillor present at the
meeting to have any such interest in any matter under discussion, he may, on the
motion of such councillor if carried, be required to absent himself from the meeting
during the discussion.
(5) The councillor concerned shall not be entitled to vote on the question
referred to in sub-section (3) and the Mayor or chairman concerned shall not be
entitled to vote on the motion referred to in sub-section (4).
118. Submission of administration report to the Government.-(1) As
soon as may be after the first day of April in every year and not later than such
date as may be fixed by the Government the corporation shall submit to the
Government, a detailed report of the administration during the preceding year in
such form as the Government may direct.
(2) The Chief Commissioner shall prepare such report and the corporation
shall consider the report and forward the same to the Government with its
resolutions thereon, if any.
(3) Copies of the administration report shall be kept for sale at the
corporation office.
CHAPTER IX
ESSENTIAL SERVICES
119. Declaration of Essential Services, etc.- (1) The corporation may
from time to time declare such classes of its services as it considers necessary to be
essential services.
(2) No member of an essential service shall,-
(a) without the written permission of the Chief Commissioner or any
officer authorised by him in this behalf, resign his office, withdraw or
absent himself from the duties thereof without at least two month's
notice given in writing to the Chief Commissioner, except in the case
of illness or accidents disabling him for the discharge of his duties or
other reason accepted as sufficient by the Chief Commissioner or
such officer: or
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(b) neglect or refuse to perform his duties or wilfully perform them in a
manner which, in the opinion of the Chief Commissioner or such
officer, is inefficient.
120. Power of the Government to declare emergency.- If the
Government is of the opinion that the stoppage or the cessation of the performance
of any of the essential services will be prejudicial to the safety or health or the
maintenance of services essential to the life of the community in the corporations,
it may, by notification declare that an emergency exists in the city and that in
consequence thereof no member of such of the essential services and for such
period as may be specified in the notification, notwithstanding any law for the time
being in force or any agreement, shall,-
(a) withdraw or absent himself from his duties except in the case of
illness or accident disabling him from the discharge of his duties, or
(b) neglect or refuse to perform his duties or wilfully perform them in a
manner which in the opinion of such officer as the Government may
specify in this behalf, is inefficient.
CHAPTER X
POWER OF THE GOVERNMENT
121. Power of the Government to call for records and to cause
inspection to be made.-(1) The Government may at any time require the
corporation or the Chief Commissioner,-
(a) to produce any record, proceedings, correspondence, plan, or other
document;
(b) to furnish any return, plan, estimate, statement, account or statistics
relating to the proceedings, duties or works of the corporation or any
of the corporation authority;
(c) to furnish or obtain and furnish, any report.
(2) Any officer of the Government authorised by the Government in this
behalf by a general or a special order shall have power,
(a) to enter on, and inspect, or cause to be entered on and inspect any
immovable property occupied by the Corporation or any institution
under its control or management or any work in progress under it or
in its direction;
(b) to call for any extract from a proceeding of the Corporation or of any
committee or from any book or document in the possession of, or
under the control of corporation;
(c) to require a corporation to take into consideration any objection which
appears to him to exist to the doing of anything which is about to be
done or is being done by such corporation or any information which
he is able to furnish and which appears to him to necessitate the
doing of a certain thing by Corporation and to make a written reply to
him within a reasonable time stating its reasons for not desisting from
doing or not doing such thing.
(3) The Corporation and every Corporation authority and all corporation
officers and other corporation employees shall be bound to afford the officer
authorised under subsection (2) access at all reasonable time to the premises and
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properties of the corporation and to all records, accounts and other documents the
inspection of which he may consider necessary to enable him to discharge his
duties.
(4) The officer authorised under sub-section (2) may, after such inspection,
make a report to the Government.
122. Power of the Government to take action in respect of matters
pending undisposed of before the corporation.- (1) The Government may at any
time call from the Chief Commissioner the records relating to the business pending
before the corporation and on receipt of such records, it may examine the same.
(2) If on such examination and after such enquiry as it thinks necessary, it is
found that in respect of any matter which is pending before the corporation for
more than three months from the date on which any such matter was brought
before the corporation or is pending before a standing committee for more than
sixty days after it was placed before it, urgent decision is necessary in the interest
of administration of the corporation, then the Government may, notwithstanding
anything in this Act,-
(i) after giving the corporation notice of not less than fifteen days, pass
such orders with reference to such matter as it considers
necessary; or
(ii) direct that the matter pending before the standing committee shall
be deemed to be referred to the corporation and be disposed of on
that basis:
Provided that, no such notice shall be necessary in respect of any matter
pending before the corporation which is of public importance and the decision of
the Government whether the matter is of public importance or not, shall be final.
(3) Every order passed by the Government under this section shall be
communicated to the Chief Commissioner who shall give effect to such order
expeditiously as if such order is a resolution of the corporation.
123. The Government's power to direct the taking of action.- If, on
receipt of any information or report obtained under sections 121 and 122 or
otherwise Government is of opinion,-
(a) that any duty imposed on any corporation authority by or under this
Act has not been performed or has been performed in an imperfect,
inefficient or unsuitable manner; or
(b) that adequate financial provision has not been made for the
performance of any such duty, the Government may, after giving
notice of not less than fifteen days, by order, direct the corporation or
the Chief Commissioner within a period to be specified in the order, to
make arrangements to their satisfaction for the proper performance of
the duty, or to make financial provision to its satisfaction for the
performance of the duty, as the case may be, and the corporation or
the Chief Commissioner shall comply with such orders:
Provided that no notice shall be necessary in urgent cases.
124. The Government's power to appoint an officer to take action in
default, at the expense of the corporation.- (1) If within the period fixed by an
order issued under section 123 any action directed under that section has not been
duly taken, the Government may, by order,-
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(a) appoint an officer of the Government to take the action so directed;
(b) fix the remuneration to be paid to him; and
(c) direct that such remuneration and the cost of taking such action shall
be defrayed out of the corporation fund, and if necessary, that any
one or more of the taxes authorised by Chapter XIII of this Act shall
be levied or increased but not so as to exceed any maximum laid
down in this Act.
(2) For the purpose of taking action directed as aforesaid, the officer
appointed under sub-section (1) shall have power to make such contracts as are
necessary and may exercise any of the powers conferred on any Corporation
authority by or under this Act and specified in this behalf in the order issued under
sub-section (1), and shall be entitled to protection under this Act as if he were a
Corporation authority.
(3) The Government may, in addition to or instead of directing the levy or
increase of any of the said taxes, direct by notification that any sum or money
which may in their opinion be required for giving effect to their orders be borrowed
by debenture and on the security of all or any of the said taxes at such rate of
interest and upon such terms as to the time of repayment and otherwise as may be
specified in the notification.
(4) The provisions of sections 184 to 189, 191, 192, 202 to 205 shall, as far
as may be, apply to any loan raised in pursuance of this section.
125. Submission of copies of resolution to the Government and the
Government's power to cancel resolution and orders.-(1) The Chief
Commissioner shall submit to the Government copies of all resolutions of the
corporation.
(2) If the Government is of opinion that the execution of any resolution or
order of the corporation or of any other authority or officer subordinate thereto or
the doing of any act which is about to be done or is being done by or on behalf of
the corporation is in contravention of or in excess of the powers conferred by this
Act or of any other law for the time being in force or is likely to lead to a breach of
the peace or to cause injury or annoyance to the public or to any class or body of
persons or is prejudicial to the interest of the corporation it may by order in
writing, suspend the execution of such resolution or order, or prohibit the doing of
any such act after issuing a notice to the corporation to show cause within a date
to be specified which shall not to be less than fifteen days why,-
(a) the resolution or order may not be cancelled in whole or in part, or
(b) any bye-law or regulation concerned may not be repealed in whole or
in part.
(3) Upon consideration of the reply, if any, received from the corporation and
after such enquiry as it thinks fit, the Government may pass orders cancelling the
resolution or order or repealing the bye-law or regulation and communicate the
same to the corporation.
(4) The Government may at any time, on further representation by the
corporation or otherwise, revise, modify or revoke an order passed under sub-
section (3).
126. Power of the Government to dissolve the corporation.- (1) If in the
opinion of the Government the corporation is not competent to perform or makes
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default in the performance of any of the duties imposed on it or undertaken by it,
by or under this Act or any other law for the time being in force or exceeds or
abuses its powers or fails to carry out the directions or orders given by the
Government to it under this Act or any other law or is acting in a manner
prejudicial to the interests of the corporation, the Government may, by an order
published, together with a statement of the reasons therefor, in the official Gazette,
declare the corporation to be incompetent or in default or to have exceeded or
abused its powers, or to have failed to carry out the directions given to it, or to have
acted in a manner prejudicial to the interests of the corporation, as the case may
be, and may dissolve it:
Provided that before making an order of dissolution as aforesaid reasonable
opportunity shall be given to the corporation to show cause why such order should
not be made.
(2) When the corporation is dissolved by an order under sub-section (1), the
following consequences shall ensue,-
(a) all the councillors of the corporation shall, on such date as may be
specified in the order, cease to hold office as such councillors without
prejudice to their eligibility for election under sub-section (8);
(b) during the period of dissolution of the corporation, all powers and
duties conferred and imposed upon the corporation and the standing
committees of the corporation by or under this Act or any other law
shall be exercised and performed by an Administrator appointed by
Government in that behalf;
(c) all property vested in the corporation shall, until it is reconstituted,
vest in Government.
(3) The Government may direct that the Administrator shall be a whole-time
officer and when such a direction is issued, he shall be paid out of the corporation
funds such monthly salary and allowances as Government may from time to time,
by order, determine and the corporation shall make such contribution towards the
leave allowances, pension and provident fund of the officer as may be required by
the conditions of service under the Government, to be paid by him or for him, as
the case may be.
(4) During the period of dissolution of the corporation, references in any
enactment or law for the time being in force to the Mayor of the corporation shall be
construed as references to the Administrator appointed under section 127.
(5) During the period of dissolution of the corporation, the Administrator
shall in the discharge of his functions be guided by such directions in matters of
policy involving Corporations public interest as the Government may by order
specify; and if any question arises whether a direction relates to a matter of policy
involving public interest the decision of the Government shall be final.
(6) The Government may, by notification, appoint an advisory committee
consisting of not less than fifteen and not more then twenty-five persons who shall
be qualified to become councillors under this Act to assist the Administrator.
61
(7) When the Corporation is dissolved it shall be reconstituted in the manner
provided under this Act before the end of six months from the date of such
dissolution:
Provided that where the remainder of the period for which the dissolved
Corporation would have continued is less than six months it shall not be necessary
to hold an election under this section for constituting a Corporation for such
period.
(8) A corporation constituted upon the dissolution before the expiration of its
duration shall continue only for the remainder of the period for which the dissolved
corporation would have continued had it not been so dissolved.
(9) An order of dissolution of the corporation under sub-section (1) together
with a statement of the reasons therefor shall be laid before both Houses of the
State Legislature as soon as may be after it is made.
127. Appointment of Corporation Administrator.- (1)An election to
constitute the Corporation shall be completed before the expiration of a period of
six months from the date of its dissolution.
(2) When the Corporation is dissolved, the Government shall, by notification,
appoint an administrator, for such period as may be specified in the notification
and may, by the said notification, either curtail or extend the period of such
appointment, as may be necessary.
(3) Notwithstanding anything contained in this Act, on the appointment of an
Administrator under this section, during the period of such appointment, the
corporation and all authorities working under the Corporation charged with
carrying out the provisions of this Act or any other law, shall cease to exercise any
powers and perform and discharge any duties or functions conferred or imposed on
them by or under this Act or any other law, and all such powers shall be exercised
and all such duties and functions shall be performed and discharged by the
Administrator or by other officers Authorised by the Administrator.
(4) The Administrator appointed under this Act shall be paid out of the
corporation funds such monthly salary and allowances as Government may from
time to time, by order, determine and the corporation shall make such contribution
towards the leave allowances, pension and provident fund of the officer as may be
required by the conditions of service under the Government, to be paid by him or
for him, as the case may be.
(5) From the date of dissolution of the corporation, the Administrator shall in
the discharge of his functions be guided by such directions in matters of policy
involving public interest as the Government may by order specify; and if any
question arises whether a direction relates to a matter of policy involving public
interest, the decision of the Government shall be final.
128. Establishment of performance management system - (1) The
Corporation shall establish a performance management system to improve the
effectiveness of its officers and for the overall improvement of the management of
the Corporation and also establish mechanisms to monitor and review its
performance.
(2) The Government may help the Corporation in developing the performance
management system for the Corporation and submit the proposed system to the
Corporation for adoption.
62
(3) The performance management system of the Corporation shall,-
(a) set appropriate key performance indicators as a yardstick for
measuring performance, including outcomes and impact, with regard
to the Corporation development priorities and objectives;
(b) set measurable performance targets with regard to each of those
development priorities and objectives;
(c) measure and review the actual performance against the set
performance indicators and targets;
(d) take steps to improve performance with regard to those development
priorities and objectives where performance targets are not met; and
(e) establish a process of regular reporting to the Mayor, Chief
Commissioner or Zonal Commissioner as the case may be.
(4) The Corporation shall publish the performance indicators in public
domain and ensure its integration for the purposes of promotion of any of its
officers.
CHAPTER XI
PROPERTY OF THE CORPORATION
129. Property of the corporation.-(1)The following properties shall belong
to the corporation unless specifically owned and controlled by the Government:
(a) All public parks, playground and open spaces reserved for ventilation;
and
(b) All public lamps, lamp post apparatus connected therewith
appertaining thereto, all gates, markets, slaughterhouses, manure
and refuge depots and public buildings of every description.
(2) All properties specified under this section and not specifically owned and
controlled by the Government under the section shall belong to the corporation and
be subject to such direction, management and control of the corporation.
130. Disposal of property by the corporation.-(1)Subject to the
provisions of this Act, the Chief Commissioner may dispose of by sale any
immovable property of the corporation with prior approval of the Government or
enter into such lease for the utilization of any right over such produce or benefit
emerging from such immovable property.
(2) The Chief Commissioner may dispose of by sale any immovable
property of the corporation with prior sanction of the Government.
(3) Any sale of immovable property by the Chief Commissioner shall be
by way of public auction, the procedure of which shall be prescribed.
(4) The Chief Commissioner may lease such immovable properties of the
corporation for a term not exceeding five years with the previous sanction of the
concerned standing committee.
(5) The Chief Commissioner may lease such immovable properties of the
corporation for a term between five and fifteen years with the previous sanction of
the Council.
(6) If the term of any lease sought to be entered by the corporation is
above fifteen years, the Chief Commissioner may enter into such lease agreement
with the prior approval of the Government.
(7) No sale or lease shall be undertaken by the corporation without
seeking the view of the concerned zonal committee.
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(8) The corporation shall specify such conditions for sale and lease,
which shall be the basis for any approval that may be accorded by the standing
committee or the mayor under the section.
131. Acquisition of the property by the corporation.-(1)The Chief
Commissioner if on behalf of the corporation seeks to acquire any immovable
property, the Chief Commissioner may do so provided such intent of acquisition is
approved by the mayor.
(2) Any acquisition that may be undertaken as per sub section (1) shall be in
accordance with the Right to Fair Compensation and Transparency in Land
Acquisition, Rehabilitation and Resettlement Act, 2013 (Central Act 30 of 2013).
132. Properties of the Government managed by the corporation.-(1)The
Government may transfer any land or property belonging to itself to the corporation
for its management upon such terms and conditions that the Government may
determine from time to time.
(2) In the event that the Government is of the opinion that its properties are
not being managed satisfactorily by the corporation or it has contravened such
prescribed terms and conditions of management, the Government may transfer
such properties to itself.
133. Power of the Government to manage the corporation property.-(1)
If the corporation is unable to manage any immovable property belonging to itself,
the Chief Commissioner may, with the prior approval of the mayor, request the
Government to manage such properties.
(2) The Government, if it is of the opinion that the corporation has failed
to manage any property belonging to itself, shall have the power to issue directions
to the corporation to transfer such properties to the Government.
(3) The Government may, by notification and after consultation with the
corporation, take over for a public purpose any land or other property, movable or
immovable, belonging to or vesting in the corporation on such terms as it may
determine.
134. Decision of claims to the property by or against the corporation.-
(1) Where any property is claimed by or on behalf of the corporation or
by any person as against the corporation it shall be lawful for the Regional
Commissioner of Bengaluru after enquiry of which due notice has been given, to
pass an order deciding the claims.
(2) Any person aggrieved by an order made under sub-section (1) may appeal
to the Karnataka Appellate Tribunal, and the decision of the Tribunal shall be final.
(3) Any person shall be deemed to have had due notice of an enquiry or order
under this section if the notice has been given in the prescribed manner.
135. Power of the Corporation to manage private property.-The
corporation may, upon the request of such private persons, companies, trusts,
societies and any other association, maintain such properties belonging to them on
such conditions as may be prescribed from time to time.
136. Maintenance of the property register.-(1)The Chief Commissioner
shall maintain a property register of the corporation, which shall consist of a list of
immovable properties under the ownership, control or management of the
corporation, location and such other details as may be specified.
(2) The zonal commissioner shall maintain a property register of the
concerned zone, comprising details of such immovable property and update such
list periodically and convey to the Chief Commissioner that such updation may be
carried out in the property register of the corporation.
64
(3) The corporation may, in accordance with such by law or rules
applicable, appoint such officers for each zone for carrying out day to day
administration, management and such other responsibilities required for the
efficient management of the immovable property of the corporation.
(4) The corporation shall undertake a survey of list of immovable properties
under its ownership, management or control every fifth year from the date of
notification of this Act in the Official Gazette and publish such survey in the public
domain in a manner as may be specified.
137. Objects not provided for by this Act.- The Government may with
the consent of the corporation transfer to the corporation the management of any
institution or the execution of any work not provided for by this Act and it shall
thereupon be lawful for the corporation to undertake such management or
execution:
Provided that, in every such case the funds required, for such
management or execution shall be placed at the disposal of the corporation by the
Government.
CHAPTER XII
CONTRACTS
138. Power of the corporation to enter into contracts.-(1)The
corporation may enter into any contract and perform any obligation specified under
the contract for the purposes of carrying out into effect provisions of this Act.
(2) Subject to the rules made in this behalf, the following provisions shall
apply with respect to the making of contract for any of the purposes of this Act,
namely:-
(a) Every contract concerning the affairs of a particular zone shall be
made on behalf of the corporation by the Zonal Commissioners for
amounts not exceeding five crores;
(b) Every contract concerning the affairs of the entire corporation,
pertaining to the affairs of a particular zone exceeding the amount five
crores and pertaining to such affairs, which overlaps two or more
zones, shall be made on behalf of the corporation by the Chief
Commissioner;
(c) Subject to delegation of power no contract shall be entered into by the
Zonal Commissioner without the prior approval of the zonal
committee;
(d) Subject to delegation of power no contract shall be entered into by the
Chief Commissioner without the prior approval of the Mayor; and
(e) No contract shall be entered by the corporation without following such
procedure as may be prescribed and the provisions of the Karnataka
Transparency in Public Procurements Act, 1999 (Karnataka Act 29 of
2000).
(3) The procedure prescribed under this section shall apply if the
corporation chooses to amend the terms of the contract or vary the price of such
contract.
(4) The corporation shall make available a common seal, which shall be
affixed on every contract entered into by the Chief Commissioner or the Zonal
Commissioner on behalf of the corporation.
(5) No contract executed otherwise than as provided under this section
shall be binding on the corporation.
65
139. Invitation of tenders.-All tenders received by the corporation shall be
processed in accordance with the procedure prescribed under the Karnataka
Transparency in Public Procurement Act 1999 [Karnataka Act 29 of 2000].
140. Preparation of model tender document.-The corporation shall
prepare a model tender document, which shall identify key terms of each tender
and such a model tender shall be followed by all corporation authorities prior to the
commissioning of any work.
141. Maintenance of database.- (1) The Chief Commissioner and the
Zonal Commissioner shall maintain a register of contracts entered into by the
corporation in such formats as may be prescribed.
(2) The contract register maintained under subsection (1) shall be made
available in public domain, in such format prescribed, and updated periodically.
CHAPTER XIII
TAXES 2[FEE, LEVY, CHARGES AND DEMAND]2
142. Taxes 2[Fee, Levy, Charge and Demand or by whatever name it
may be called]2 which may be imposed.- (1) Subject to general and
specific orders of the Government, the corporation may impose the
following 3[taxes, fee, levy, charge, demand or by whatever name it
may be called, at such rates]3 not exceeding those specified in the
Act,-
(a) A tax on buildings or vacant land or both situated in the jurisdiction
of the corporation.
(b) A tax on profession, trades, callings and employments.
(c) A tax on entertainments and amusements.
(d) A duty on certain transfers of property in the form of additional stamp
duty.
2[(d-i) any fee or levy or demand or charge for permitting building
constructions.]2
(e) Any other taxes which may be assigned by law for the assessment and
collection by the Corporation.
1[(2) XXX]1
1[(3) XXX]1
(4) Every resolution passed by the council under subsection (2) shall be
published in the public domain for the notice of all the concerned.
1. Omitted by Act 17 of 2024 w.e.f. 7.3.2024
2. Inserted by the Act 37 of 2024 w.e.f. 11.01.2021.
3. Substituted' by the Act 37 of 2024 w.e.f. 11.01.2021.
143. Levy of cesses.- (1) The corporation may, in addition to the tax levied
under this Act, levy and collect the following cesses namely:-
(a) Infrastructure cess at such rate but not exceeding ten percent as
notified by the Government, which may be prescribed on every motor
vehicle suitable for the use on roads within the city and different rates
may be prescribed in different classes of motor vehicles;
(b) Solid waste management cess at such rate but not exceeding ten
percent of the property tax as notified by the Government, on every
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owner or occupier of land or building or both in the city for the
purpose of collection, transportation and disposal of solid waste and
different rates may be prescribed in different classes of lands or
buildings or in different areas;
(c) Levy Urban Transport Cess at such rate as notified by the
Government; and
(d) 1[Collect such other cesses along with property tax, as may be
prescribed by the Government to be collected under any other law in
force and whose proceeds are required to come to the Corporation or
otherwise.]1
2[(2) All monies collected in form of cess or otherwise shall be credited to a
separate head of account and shall be known as the respective cess fund or by the
name of the tax or the levy under which it is collected]2 .
(3) The cess levied under subsection (1) shall be 2[assessed]2 and collected in
such manner as may be prescribed.
(4) Notwithstanding anything contained in this section, any person aggrieved
by the levy and assessment of cess under the section may, within thirty days from
the receipt of the order of the assessment, may appeal against such order 2[to the
prescribed authority]2
1. Inserted by Act 17 of 2024 w.e.f. 7.3.2024
2. Substituted by Act 17 of 2024 w.e.f. 7.3.2024
144. Description and class of tax on buildings or land or both.-(1) A tax
on buildings or land or both shall be levied by the Corporation, by way of a
resolution, at such rates not exceeding, ten percent of the 1[taxable capital value]1,-
(a) for residential buildings,-
(b) for commercial buildings
(c) for vacant land
(2) The rate of tax on buildings or land or both determined by the
Corporation by resolution under sub section (1) shall stand enhanced every year by
five percent.
(3) The tax on buildings or vacant land or both shall be paid by the
owners of such property. The tax on buildings or vacant lands or both shall be
subject to the prior payment of the land revenue, if any, due thereon to the
Government as a first charge upon the said buildings or vacant lands or both and
upon the movable property, if any, found within or upon such buildings or lands
and belonging to the person liable to such tax.
(4) Notwithstanding anything contrary contained in this Act, subject to such
exemptions provided under this Act and such rules as may be prescribed, the
property tax of all buildings or vacant lands or both situated within the city of
Bruhat Bengaluru Mahanagara Palike area shall be levied every year in the
following manner.
1[(5) The property tax shall be levied by the Bruhat Bengaluru Mahanagara
Palike by resolution passed at such percentage not more than ten percent of the
taxable capital value of a building, vacant land or both. The taxable capital value of
a building, vacant land or both shall be calculated by multiplying the
corresponding “unit area value” with the total built-up area of a building, vacant
land or both for ten months, minus the depreciation of three percent per year
depending on the age of a building. The property tax assessed and levied under this
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section, once notified by the Government, shall stand revised as and the property,
building or land value revised by notification under section 45B of the Karnataka
Stamp Act, 1957 (Karnataka Act 34 of 1957) by the Government.
Explanation: For the purpose of this section, “Unit Area Value” means the
guidance value of the property or the land published under section 45B of the
Karnataka Stamp Act, 1957 (Karnataka Act 34 of 1957) and with respect to the
building standing on a plot it shall mean the value of building as may be assessed
based on the per square foot construction cost minus the depreciation at the time
of assessment:
Provided that, no such “unit area value” shall come into force unless it is
previously published in the official Gazette for the information of the persons likely
to be affected and an opportunity is provided to make representation or
suggestions, if any, in this regard:
Provided further that, subject to such condition and in such circumstances
as may be notified, the Chief Commissioner, Bruhat Bengaluru Mahanagara Palike,
may, in lieu of the tax under sub-section (2), fix any lumpsum amount as annual
tax, irrespective of zonal classification, in respect of,-
(a) a built-up area having less than 300 sq.ft., in a slum area declared as
such by the Karnataka Slum Clearance Board or the Chief Commissioner, Bruhat
Bengaluru Mahanagara Palike;
(b) an area used as parking area in a non-residential building and being
charged for its use by the owner or the occupier: and
(c) any other class of building or structure as he deems fit.
Provided also that, the depreciation shall be capped at a maximum of sixty
percent.
Provided also that, the vacant land shall be assessed at a rate not less than
0.025 percent (rupees twenty five per lakh) and not more than five percent of the
taxable capital value of the land.
Provided also that, after the taxable capital value based property tax system
is brought into force and there is no revision of the values of the properties or land
under section 45B of the Karnataka Stamp Act, 1957 (Karnataka Act 34 of 1957) in
a year, the property tax shall stand enhanced by five percent every such year.
Provided also that, as and when the Government notifies value of land and
building under section 45B of Karnataka Stamp Act, 1957 (Karnataka Act 34 of
1957) the revised property tax rates based on the new revised value of properties or
land shall be calculated and compared with the prevailing property tax rates and
the higher of the two shall be adopted.]1
1. Substituted by Act 17 of 2024 w.e.f. 7.3.2024
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(6) The Bruhat Bengaluru Mahanagara Palike may levy and collect the
property tax from every building, vacant land or both including a building
constructed in violation of the provisions of building byelaw or in an unauthorized
layout or in a revenue land or from a building occupied without issuance of
occupancy or completion certificate except the building constructed illegally in
Government land, land belonging to any local body, any statutory body or an
organization owned or controlled by the Government. The property tax collected
from such building shall be 1[XXX]1 maintained in a separate register:
Provided that levy and collection of property tax under this sub-section from
such building does not confer any right to regularise violation made, or title,
ownership or legal status to such building. Such buildings shall always be liable for
any action for violation of law in accordance with the provisions of this Act or any
other law.
1. Omitted by Act 12 of 2023 w.e.f. 10.03.2023.
(7) The property tax payable shall be reduced by fifty percent in respect of a
self occupied building used for residential purpose and such class of self occupied
nonresidential building as may be notified by the Government on the
recommendation of the Corporation.
(8) The person primarily liable to pay the property tax, shall pay the tax in
two equal instalments through demand draft or E-Payment. The first being before
30th May and second by 29th November of each financial year. However, the owner
or occupier or person primarily liable to pay property tax may choose to pay in one
installment:
Provided that if the owner or occupier who is liable to pay property tax files
return and also pays property tax for the whole year, within one month from the
date of commencement of each year he shall be allowed a rebate of five per cent on
the tax payable by him:
Provided further that the Government may on the recommendation of the
Corporation by notification extend the time limit for payment of property tax
without penalty and for the benefit of Five percent rebate in respect of any financial
year.
1[xxx]1
2[Provided also that, the person primarily liable to pay the property tax may,
at any time subsequent to filing of the return and payment of the property tax, suo-
motu revise his own return upwards thereby resulting in more property tax
payment to the Corporation, the said revision shall be liable to the same interest
and penalty as is applicable for the revision done under sub-section (15) by the
Corporation. The revised return shall be treated as the return by the property tax
payer and the Corporation reserves the right to revise it under sub-section (15).]2
1. Omitted by Act 17 of 2024 w.e.f. 07.03.2024.
2. Inserted by Act 07 of 2025 w.e.f. 24.09.2024.
(9) Before any owner or occupier submits any return under sub-section (7),
he shall pay in advance half-yearly tax calculated or the full amount of the property
69
tax payable by him for the year on the basis of such return declared by him as
being true and complete.
(10) Notwithstanding anything contained in this Act the Government may
prescribe the form and the manner in which every owner or occupier who is liable
to pay the property tax under this Act shall submit a return every year to the Chief
Commissioner, Bruhat Bengaluru Mahanagara Palike or to the officer or agency
authorized by him in this behalf.
(11) In order to facilitate filing of return by an owner or occupier of any
building or vacant land or both and assessment of property tax under this section,
the Chief Commissioner shall from time to time issue guidelines for determining the
1[xxx]1 property tax payable thereon.
1. Omitted by Act 17 of 2024 w.e.f. 07.03.2024.
(12) Every return filed by a owner or occupier of a residential building other
than commercial building shall be deemed to have been assessed to tax except in
cases where the Chief Commissioner or authorised officer may take-up or authorise
subordinate officers of not less than ten percent of the cases for 1[xxx]1 scrutiny of
the returns filed in the manner prescribed:
Provided that, the Chief Commissioner may suo moto or otherwise has
reason to believe that there is an evasion of tax by the owner or occupier, he may
cause inspection of such building and assess the tax.
(13) For the purpose of 1[xxx]1 scrutiny of the return filed or in cases where
returns are not filed as required under sub-section (7) in respect of any buildings or
lands or both, the Chief Commissioner or any person authorized by him in this
behalf may enter, inspect, survey or measure any land or building after giving
notice to the owner or occupier and the owner or occupier shall be bound to
furnish necessary information required and based on such inspection and
information collected, he shall assess the property tax subject to sub-section (5)
and send a copy of the order of assessment to the owner or occupier concerned.
Such entry into and upon any building or vacant land shall be made between
sunrise and sunset.
1. Omitted by Act 17 of 2024 w.e.f. 07.03.2024
(14) If the occupier of the property, refuses to allow the authorised officer to
enter to inspect the premises, the officer after giving reasonable opportunity shall
record the refusal and shall proceed to assess the property to the best of his
judgement:
Provided that in the case of buildings used as human dwelling due regard
shall be paid to the social and religious customs of the occupiers and no apartment
in the actual occupancy of a woman shall be entered until she has been informed
that she is at liberty to withdraw and every reasonable facility has been afforded to
her for withdrawing.
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(15) Upon 1[xxx]1 scrutiny, if the authorized officer has reasons to believe
that any return furnished, which is deemed as assessed, is incorrect or has been
under assessed resulting in evasion of property tax,-
(a) may, on the basis of information available on record and after
physical inspection proceed to re-assess the property, in the manner provided
under this section;
2[(b) if any property or land is liable to pay property tax but remains un-
assessed and outside the taxable property records list or upon reassessment, the
property tax is found more than five percent than the tax remitted, the evaded tax
shall be payable together with penalty equal to the tax so evaded along with
interest for the difference in tax paid and payable calculated at nine percent per
annum.
Illustration: If payable tax is rupees 150 for the year 2021 but actual
property tax paid is rupees 100 then evaded tax amount is rupees 50. If the
payment is happening on 23rd December 2023, then the following shall be payable
–
(i) Evaded Property Tax Amount = Rs 50/-
(ii) Penalty for evasion = Rs 50/-
(iii) 9% interest on the evaded property tax of Rs 50/- shall be calculated as
follows –
(a) 9% interest on Rs 25/- which is 50% of Rs 50/-, from 31st May 2021
until date of payment; and
(b) 9% interest on the rest Rs 25/- which is 50% of Rs 50/-, from 30th
November 2021 until date of payment.
This provision shall also apply with respect to the unpaid demand where
demands are already issued but for which the concerned person has not paid the
demanded dues:
Provided that the payments already made as per previous provision shall not
be refunded nor adjusted against future liabilities.
Provided further that the penalty payable by residential properties which
have tiled or sheet roof (non-RCC) and is not more than 1000 Sq Ft, have only the
ground floor and is self-occupied, shall be 25% of the evaded tax.
Provided also that no penalty shall be payable by residential properties
which are hutments, Government housing for poor, houses declared as slum by the
Karnataka Slum Development Board or by Bruhat Bengaluru Mahanagara Palike,
where such houses are self-occupied and have an area less than 300 square feet.
Provided also that in case of properties which are in the Property tax
registers but fail to pay the property tax, by end of the financial year in which the
tax becomes due, shall, for the twelve months after the end of the financial year in
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which the tax became due, pay an interest at a rate of 15% per annum on the
unpaid tax, calculated until the date when the tax is paid.
Provided also that after end of said twelve months that is from second year
after the end of the financial year in which the tax became due, any tax still unpaid
shall pay a penalty equal to the unpaid tax plus the unpaid tax with interest on the
unpaid tax at a rate of 9% per annum.
Provided also that in case of existing defaulters the said twelve month period
shall be deemed to start from 1.4.2024 and any tax out of the said dues still
unpaid as on 1.4.2025, shall pay a penalty equal to the unpaid tax plus the unpaid
tax with interest on the unpaid tax at a rate of nine percent per annum thereafter.
3[Provided also that, as a one-time measure, in order to bring all the tax
defaulters, un-assessed properties and those liable for re-assessment up-to-date
with respect to their tax payments, there shall be following relaxations for the
payments made until 30th November 2024, towards the unpaid tax, the un-
assessed property and the property paying for re-assessment, namely:-
(i) the penalty payable shall be rupees one hundred per year; and
(ii) the interest payable shall be waived off.
Provided also that, the properties which have already availed the benefits of
one time measure under this clause before the commencement of the Bruhat
Bengaluru Mahanagara Palike (Second Amendment) Act, 2024, shall also be eligible
for above relaxations and any excess penalty paid by such properties shall be
readjusted against any outstanding demand or future demand of the Corporation
on the same property or the same owner.]3
Provided that this provision shall be applicable prospectively.]2
(c) if upon inspection and re-assessment as made under this section by
the Chief Commissioner or the authorized officer, shall issue a notice
of re-assessment to the tax payer demanding that the tax shall be
paid within thirty days of the service of the notice and after giving the
tax payer the opportunity of show cause in writing;
(d) the owner or occupier may either accept the property tax assessed
and the penalty levied or send objections to the Chief Commissioner
or the authorized officer within a period of thirty days from the date of
receipt of a copy of the notice under this sub-section;
(e) the Chief Commissioner or the authorized officer shall consider the
objections and pass such orders either confirming or revising such
assessment within a period of sixty days from the date of filing
objections and a copy of the order shall be sent to the owner or
occupier concerned.
72
1. Omitted by Act 17 of 2024 w.e.f. 07.03.2024
2. Substituted by Act 17 of 2024 w.e.f. 07.03.2024
3. Substituted by Act 07 of 2025 w.e.f. 24.09.2024.
1[(16) The assessment of un-assessed properties or the reassessment
of the properties already paying the property tax under this section may be
made at any time when evasion is noticed or justified circumstances arise
for the same:
Provided that in case of residential properties and the properties with
a single ID in the Property Tax registers of the Bruhat Bengaluru Mahanagar
Palike which have mixed use as residential and non-residential, the arrears
of the property tax for the under-assessed or un-assessed properties, the
applicable penalties and the interest payable, shall be limited to five years
even if the un-assessment or the under-assessment of property tax exceeds
five years]1
1. Substituted by Act 17 of 2024 w.e.f. 07.03.2024
(17) In computing the period of limitation specified for assessment or re-
assessment, as the case may be under this Act, the period taken for disposal of any
appeal against an assessment or other proceedings by the Appellate authority, a
tribunal or competent court shall not be taken into account for assessment or re-
assessment as the case may be:
Provided that in case of any change of use, alteration or variation to the
property, the owner or occupier shall report such changes within six months from
the date of completion or occupation whichever is earlier along with the revised
return and tax:
Provided also that nothing contained in this section shall be deemed to affect
the power of the Government to direct an earlier revision of property tax.
(18) The Chief Commissioner shall have power to clarify any doubt as to
classification of zones, 1[xxx]1 and class of property. The decision of the chief
Commissioner in this regard shall be final.
1. Omitted by Act 17 of 2024 w.e.f. 07.03.2024
(19) Notwithstanding anything contained in this Act, a concession in
payment of tax on building or vacant land or both, wherein any such socially or
ecologically beneficial scheme, as may be identified for the purposes of this section
by the corporation or the Government, is being implemented, may be given to such
extent not more than fifty percent of the tax payable in respect thereof as the
Corporation may determine.
Explanation.-For the purposes of this section, “ecologically beneficial
scheme” includes rain water harvesting system, vermi composting, use of solar
energy and other non-conventional sources of energy, recycling and reuse of waste
water, or any other scheme for promoting environment friendly and ecologically
beneficial building construction or the like as the Corporation or the Government
may identify.
73
(20) The Corporation shall provide each person who pays property tax an
acknowledgement or Khata for the payment of such tax, and such
acknowledgement or Khata provided shall be distinct for lawful and unlawful
buildings or vacant land and the format of such acknowledgement or Khata shall
be prescribed from time to time under the rules.
(21) The Chief Commissioner shall maintain a record, in such format as may
be prescribed, which shall contain the details of the lawful buildings or vacant
lands and unlawful buildings or vacant lands which have been taxed under this
section.
(22) The Chief Commissioner shall also maintain a list of defaulters in
payment of property tax and publish the same on website of the corporation.
(23) For the purposes of maintenance of records under sub section (22), the
Chief Commissioner may issue such directions to the zonal commissioner as
required and also direct the maintenance of such records by each zonal committee.
145. Publication of resolution with notice.- The corporation shall by a
resolution passed at a general meeting levy any tax specified in section 142 or any
cess in section 143 specified in section and in such resolution specify the classes of
persons or properties which shall be made liable and the amount or rate at which
the tax or cess shall be levied. When such a resolution has been passed the
corporation shall publish a notice of such resolution in the notice board of its office
and by advertisement in local newspapers. The publication of such notice shall be
conclusive evidence that the tax or cess has been imposed in accordance with the
provisions of this Act and the rules made thereunder.
146. Power to suspend, reduce or abolish any existing tax or cess.- (1)
The corporation may, at any time for sufficient reason suspend, modify or abolish
any existing tax or cess.
(2) The provisions of this Chapter relating to the imposition of taxes shall
apply so far may be to the suspension, modification or abolition of any tax or cess.
147. Payment of property tax.- (1)The owner of the building or vacant
land or both shall pay the tax either in one installment or in two equal
installments, within such time periods as notified by the corporation from time to
time.
(2) The corporation shall have the power to extend such notified time period
under sub section (1) and waive such penalty payable due to delayed payment.
(3) Any person owner of the building or vacant land or both who is required
to pay tax shall submit a self-assessed return, in such format as may be
prescribed, within those time periods notified under sub section (1) to the Chief
Commissioner or to such officer or agency authorized by him in this behalf.
(4) In order to facilitate the filing of return by an owner or occupier, the
corporation shall issue such guidelines for the ease of calculation of the payable tax
and the Chief Commissioner shall direct zonal commissioners of the corporation to
establish such help centres within the zonal committee as may be necessary.
1[148. XXX]1
1. Omitted by Act 17 of 2024 w.e.f. 7.3.2024
74
149. Obligation of transferor and transferee to give notice of transfer.-
(1) Whenever the title of any person primarily liable for the payment of the tax on
any premises to or over such premises is transferred, the person whose title is
transferred and the person to whom the same is transferred shall, within three
months after the execution of the instrument of transfer or after its registration, if it
be registered or after the transfer is effected, if no instrument be executed, give
notice of such transfer to the Chief Commissioner in such format as may be
prescribed.
1[Provided that, in case of transactions registered under the Registration Act,
1908 (Central Act 16 of 1908) where such information is received from the
concerned Sub Registrar, it shall not be mandatory to notify such a transfer by the
person primarily liable for payment of property tax.]1
(2) In the event of the death of any person primarily liable as aforesaid,
the person to whom the title of the deceased shall be transferred as heir or
otherwise shall give notice of such transfer to the Chief Commissioner within one
year from the death of the deceased.
(3) 2[Whenever such transfer comes to the knowledge of the Chief
Commissioner or authorised officer through such notice or otherwise, the name of
the transferee shall be entered in the property tax register.]2
(4) Every person who makes a transfer as aforesaid without giving such
notice to the Chief Commissioner shall, in addition to any other liability which he
may incur through such neglect, continue to be liable for the payment of the
property tax assessed on the premises transferred until he gives notice or until the
transfer shall have been recorded in the corporation registers, but nothing in this
section shall be held to affect:
(a) The liability of the transferee for the payment of the said tax, or
(b) The prior charge of the corporation
3[(5) XXX]3
(6) Notwithstanding anything contained in this Act, in respect of any
building or land belonging to the Bengaluru Development Authority or the
Karnataka Housing Board or any local authority the possession of which has
been delivered to any person in pursuance of any grant, allotment or lease
by the Board or local authority concerned, the transfer of title of any person
primarily liable to the payment of property tax shall not be recorded in the
corporation registers 2[without confirmation of order of transfer of such a
building or land by the said Board or local authority concerned.]2
1. Inserted by Act 17 of 2024 w.e.f. 7.3.2024
2. Substituted by Act 17 of 2024 w.e.f. 7.3.2024
3. Omitted by Act 17 of 2024 w.e.f. 7.3.2024
150. Review by the Chief Commissioner.- Where the Chief
Commissioner, either suomotu or otherwise, after such enquiry as he considers
necessary is satisfied that any transfer of title under section 149 was got recorded
in the Corporation register by fraud, misrepresentation, or suppression of facts or
by furnishing false, incorrect or incomplete material, he may within a period of
1[five years]1 from the date of such recording of transfer of title reopen the case and
pass such order with respect thereto as he thinks fit:
Provided that, no such order shall be made except after giving the person
likely to be affected thereby a reasonable opportunity of being heard.
75
2[Provided that no such limitation shall apply in case such a wrongful or
incorrect entry is made with respect to a Government land or a land belonging to
any local body, any statutory body or an organization owned or controlled by the
Government]2
1. Substituted by Act 17 of 2024 w.e.f. 7.3.2024
2. Inserted by Act 17 of 2024 w.e.f. 7.3.2024
151. Owner's obligation to give notice of construction or re-
construction or demolition of building.- (1) If any building in the city is
constructed or reconstructed, the owner shall give notice thereof to the Chief
Commissioner, within fifteen days from the date of completion or occupation of the
building whichever is earlier.
(2) If any building in the city is demolished or destroyed, the owner shall,
until notice thereof is given to the Chief Commissioner, be liable for the payment of
the property tax for which he would have been liable had the building not been
demolished or destroyed.
152. General exemptions.- (1) The following buildings and lands shall be
exempted from the property tax:-
(a) places set apart for public worship and either actually so used or used
for no other purposes;
(b) choultries for the occupation of which no rent is charged.
(c) places used for the charitable purpose of sheltering the destitute or
animals and orphanages, homes and schools for the deaf and dumb,
asylum for the aged and fallen women and such similar institutions
run purely on philanthropic lines as are approved by Government;
(d) such ancient monuments protected under the Karnataka Ancient and
Historical Monuments and Archaeological Sites and Remains Act,
1961 (Karnataka Act 7 of 1962) and the Ancient Monuments and
Archeological Sites and Remains Act, 1958 (Central Act 24 of 1958) or
parts thereof as are not used as residential quarters or public offices;
(e) charitable hospitals and dispensaries but not including residential
quarters attached thereto;
(f) such hospitals and dispensaries maintained by railway
administrations as may from time to time be notified by Government,
but not including residential quarters attached thereto;
(g) burial and cremation grounds included in the list published by the
chief Commissioner;
(h) the Government lands set apart for free recreational purposes and all
such other Government land as may be notified by it, from which in
the opinion of the Government no income could be derived;
(i) building or lands exclusively used for,-
(a) students hostels which are not established or conducted for profit;
1[(b) the educational institutions established for the purpose of
education, recognized by the Government or Local Authority.]1
1. Substituted by Act 12 of 2023 w.e.f. 10.03.2023.
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(c) the offices of Labour Associations registered under the Trade Union
Act, 1926 (Central Act 16 of 1926) and belonging to such Association;
(j) buildings or lands belonging to the Central Government or any State
Government used for purposes of Government and not used or
intended to be used for residential or commercial purposes;
(k) buildings or lands belonging to any Urban Development Authority
constituted under the Karnataka Urban Development Authorities Act,
1987 , the Bangalore Development Authority, the Bangalore Water
Supply and Sewerage Board the Karnataka Housing Board or any
local authority the possession of which has not been delivered to any
person, in pursuance of any grant, allotment or lease;
(l) land which is registered as land used for agricultural purposes in the
revenue accounts of the Government and is actually used for the
cultivation of crops:
Provided that nothing contained in clauses (a), (c) and (e) shall be deemed to
exempt from property tax, any building or vacant land for which rent is payable by
the person or person using the same for the purposes referred to in the said
clauses:
Provided further that for purpose of clause (j), a certificate issued by
Government or any officer duly authorised by Government that any building or
vacant land is used for purposes of Government and not used or intended to be
used for residential or commercial purposes shall be binding on the corporation.
(2) Notwithstanding anything contained in the foregoing provisions of this
Chapter, the Corporation may exempt fifty percent of the property tax on any one of
the land or building belonging to an ex-serviceman or family of a deceased ex-
serviceman, in the manner as may be prescribed.
Explanation.- For the purpose of this sub-section,-
(a) “ex-serviceman” means a person who has served in any rank in the
regular Army, Navy and Air Force of the Union and includes a person
who has served in Defence Security Corps, the General Reserve
Engineering Force, the Lok Sahayak Sena and Para Military Forces;
(b) “family of the deceased ex-serviceman” means the father, mother, the
surviving spouse and minor children of the deceased ex-serviceman:
Provided that, in respect of a building, it must be used by the ex-serviceman
or member of the family of a deceased ex-serviceman for the purpose of their
residence:
Provided further that, the ex-serviceman or his family as the case may be
shall submit a certificate from Sainik Welfare Board, Karnataka that he,-
(i) is an ex-serviceman or as the case may be he is a member of the
family of the deceased ex-serviceman;
(ii) is a permanent resident of Karnataka; and
(iii) is residing in such building.
77
(3) Notwithstanding the exemptions granted under this section it shall be
open to the corporation to collect service charges for providing civic amenities and
for general or special services rendered at such rates as may be prescribed.
153. Property tax from whom and when payable.- (1) Subject to the
provisions of sub-section (2), the property tax shall be primarily payable as follows,
namely:-
(a) if the premises are held immediately from the Government or the
corporation, from the actual occupier thereof:
Provided that the property tax due in respect of premises owned by the
Government and occupied by any person on payment of rent, shall be payable by
the Government:
Provided further that no property tax shall be payable in respect of premises
owned by the Corporation and occupied by any person on payment of rent.
(b) if the premises are not so held,-
(i) from the lessor if the premises are let;
(ii) from the superior lessor is the premises are sub-let;
(iii) from the person in whom the right to let the premises vests, if they
are unlet.
(2) If any land has been let for any term exceeding one year to a tenant and
such tenant or any person deriving title howsoever from such tenant has built
upon the land, the property tax assessed upon the said land and upon the building
erected thereon shall be primarily payable by the said tenant or such person
whether or not the premises be in the occupation of the said tenant or the person.
154. Preparation and publication of property tax register.-(1) A property
tax register in respect of buildings or lands or both in the city shall be maintained
in such form and in such manner as may be prescribed.
(2) The authorised officer may on an application made by any person and
subject to payment of such fees as may be specified by the corporation from time to
time, permit such person to inspect the property tax register at reasonable hours or
grant certified extract of the entries in the register or certified copies thereof.
(3) The Chief Commissioner or the authorised officer may issue a property
tax certificate to every owner or occupier of building or lands, containing all the
details of, buildings or lands or both and the property tax payable in relation to
such buildings or lands or both.
155. Survey of lands and buildings and preparation of property
register.- (1) The Chief Commissioner shall, subject to the general or special orders
of the Government, direct a survey of buildings or lands or both within the city with
a view to the assessment of property tax and may obtain the services of any
qualified person or agency for conducting such survey and preparation of property
register.
(2) A property register shall be maintained in such manner and containing
such particulars in respect of buildings or lands or both as may be prescribed.
(3) For the purpose of preparation of property register or assessment of
property tax in respect of any buildings or lands or both, the Chief Commissioner
or any person authorised by him in this behalf may enter, inspect, survey or
measure any land or building after giving notice to the owner or occupier before
78
such inspection and the owner or occupier shall be bound to furnish necessary
information required for the purpose:
Provided that such entry into and upon any building or land shall be made
between sunrise and sunset:
Provided further that in the case of buildings used as human dwelling due
regard shall be paid to the social and religious customs of the occupiers and no
apartment in the actual occupancy of a woman shall be entered until she has been
informed that she is at liberty to withdraw and every reasonable facility has been
afforded to her for withdrawing.
156. Demand for payment of property tax and appeal against such
demand.- (1) If the property tax including penalty leviable under 1[section 144]1, is
not paid after it has been become due, the corporation may cause to be served
upon the person liable for payment of the same a notice of demand in such form as
may be prescribed.
(2) If the person to whom a notice of demand has been served under sub-
section (1) does not, within thirty days from the service of such notice of demand
either,-
(a) pays the sum demanded in the notice; or
(b) prefers an appeal under sub-section (3) against the demand, he shall
be deemed to be in default and thereupon such sum shall be
recovered along with such penalty and in such manner as may be
prescribed.
(3) Notwithstanding anything contained in section 144, any person disputing
the claim in the notice of demand served under sub-section (1), may within thirty
days after the service of such notice, appeal in such manner subject to such
conditions and to such authority as may be prescribed.
2[Provided that any person seeking to file an appeal shall deposit fifty percent
of the demanded amount with the Corporation.
Provided further that in case of appeal being successful resulting in refund
either in part or in full of the already deposited amount, the same shall be
immediately refunded by the Corporation or adjusted against any other pending or
future property taxes or penalties or cesses or interest or other levies.
(4) If the person to whom a notice of demand has been served under sub-
section (1) does not pay the tax within thirty days from the service of such demand,
in the absence of any stay issued by the Appellate Authority on the demand notice,
the Chief Commissioner may recover by distraint under his warrant and sale of
such movable property of the defaulter or if the defaulter is the occupier of the
building by distress and sale of any movable property which may be found in or on
such building or land, the amount due on account of tax together with the warrant
fee and distraint fee and with such further sums as will satisfy the probable
charges, that may be incurred in connection with the detention and of the sale of
property so distrained.
79
(5) If, for any reason the distraint, or a sufficient distraint of the defaulter's
property cannot be effected, the Chief Commissioner may attach the bank account
or the immovable property of the defaulter in such manner as may be prescribed,
till the recovery of the property tax due:
Provided that in case of non-payment of the demanded dues even after sixty
days from the date of attachment of the immovable properties, the same may be
recovered by the distress sale of the immovable properties so attached. In doing so
the demand dues together with the warrant fee and with such further sums as will
satisfy the probable charges that may be incurred in connection with distress sale
of the immovable property so attached.
Provided further that the Chief Commissioner may prosecute the defaulter
before a competent court.]2
1. Substituted by Act 17 of 2024 w.e.f. 7.3.2024
2. Inserted by Act 17 of 2024 w.e.f. 7.3.2024
157. Fee on advertisement.- Every person who erects, exhibits, fixes or
retains, upon or over any land, building, wall or structure any advertisement or
who displays any advertisement to public view in any manner whatsoever, in any
place whether public or private, shall pay on every advertisement which is so
erected, exhibited, fixed, retained or displayed to public view, a fee calculated at
such rates and in such manner and subject to such exemptions, as the corporation
may, with the approval of the Government, by resolution determine:
Provided always that the rates shall be subject to the maxima and minima
laid down by the Government in this behalf:
1[Provided further that no fee shall be levied under this section on any
advertisement or a notice,-
(a) of a public meeting, or corporation of the city, or
(b) of an election to any legislative body, or
(c) of a candidature in respect of such an election:
in case the said advertisement or notice is within the maximum permissible size
prescribed therefor. In case the advertisement or the notice exceeds the prescribed
size, then such advertisement or notice shall be liable for payment of prescribed
advertisement fee.]1
Provided also that no such fee shall be levied on any advertisement which is
not a sky-sign and which,-
(a) is exhibited within the window of any building; or
(b) relates to the trade or business carried on within the land or building
upon or over which such advertisement is exhibited, or to any sale or
letting of such land or building or any effects therein or to any sale,
entertainment or meeting to be held upon or in such land or building;
or
80
(c) relates to the name of the land or building, upon or over which the
advertisement is exhibited, or to the name of the owner or occupier of
such land or building; or
(d) relates to the business of any railways; or
1[(e) is exhibited within any train.]1
Explanation 1.- The word 'structure' in this section shall include any
movable board on wheels used as an advertisement or an advertisement medium.
Explanation 2.- The expression 'sky-sign' shall, in this section, mean any
advertisement, supported on or attached to any post, pole, standard, frame work or
other support wholly or in part upon or over any land, building, wall or structure
which, or any part of which shall be visible against the sky from some point in any
public place and includes all and every part of any such post, pole, standard,
frame-work or other support. The expression 'sky-sign' shall also include any
balloon, parachute or other similar device employed wholly or in part for the
purposes of any advertisement upon or over any land, building or structure or
upon or over any public place but shall not include,-
(a) any flag-staff, pole, van or weather-cock, unless adapted or used
wholly or in part for the purpose of any advertisement; or
(b) any sign, or any board, frame or other contrivance securely fixed to or
on the top of the wall or parapet of any building, or on the cornice or
blocking course of any wall, or to the ridge of a roof:
Provided that, such board, frame or other contrivance be of one
continuous face and not openwork, and does not extend in height
more than one meter above any part of the wall or parapet or ridge to,
or against, or on which it is fixed or supported; or
(c) any advertisement relating to the name of the land or building, upon
or over which the advertisement is exhibited, or to the name of the
owner or occupier of such land or building; or
(d) any advertisement relating exclusively to the business of a railway,
and placed wholly upon or over any railway, railway station, yard,
platform or station approach belonging to a railway, and so placed
that it cannot fall into any street or public place; or
(e) any notice of land or buildings to be sold, or let, placed upon such
land or buildings.
Explanation 3.- 'Public place' shall, for the purpose of this section, mean
any place which is open to the use and enjoyment of the public, whether it is
actually used or enjoyed by the public or not.
2[Provided that in case of advertisement that is liable to pay advertisement
fee and/or penalty, whether authorized or unauthorized, but delays to pay the fee,
he shall be liable to pay, in addition to the fee, and/or penalty, an interest thereon
at a rate of eighteen percent per annum calculated from the date of advertisement
fee or penalty becoming due until the date of payment thereof.
Provided further that any unauthorized advertisement shall be liable to pay
a penalty as may be specified in the bye-laws.]2
1. Substituted by Act 17 of 2024 w.e.f. 7.3.2024
2. Inserted by Act 17 of 2024 w.e.f. 7.3.2024
81
158. Prohibition of advertisements without written permission of the
Chief Commissioner.- (1) No advertisement shall, after the levy of the fee under
section 157 has been determined upon by the corporation, be erected, exhibited,
fixed or retained upon or over any land, building, wall, hoarding or structure within
the city or shall be displayed in any manner whatsoever in any place without the
written permission of the Chief Commissioner.
(2) The Chief Commissioner shall not grant such permission if,-
(i) the advertisement contravenes any bye-law made by the
corporation; or
(ii) the fee, if any, due in respect of the advertisement has not been
paid.
(3) Subject to the provisions of sub-section (2), in the case of an
advertisement liable to the advertisement fee, the Chief Commissioner shall grant
permission for the period to which the payment of the fee relates and no fee shall
be charged in respect of such permission:
Provided that, the provisions of this section shall not apply to any
advertisement erected, exhibited, fixed or retained on the premises of a railway
relating to the business of a railway.
159. Permission of the Chief Commissioner to become void in certain
cases.- The permission granted under section 158 shall become void in the
following cases, namely:-
(a) if the advertisement contravenes any bye-laws made by the
corporation;
(b) if any addition to the advertisement be made except for the
purpose of making it secure under the direction of the corporation
engineer;
(c) if any material change be made in the advertisement or any part
thereof;
(d) if the advertisement or any part thereof falls otherwise than
through accident;
(e) if any addition or alteration be made to, or in the building, wall or
structure upon or over which the advertisement is erected,
exhibited, fixed or retained, if such addition or alteration involves
the disturbance of the advertisement or any part thereof; and
(f) if the building, wall or structure upon or over which the
advertisement is erected, exhibited, fixed or retained be
demolished or destroyed.
160. Owner or person in occupation to be deemed responsible.- When
any advertisement is erected, exhibited, fixed or retained upon or over any land,
building, wall, hoarding or structure in contravention of the provisions of section
158 or section 159 or after the written permission for the erection, exhibition,
fixation or retention thereof for any period shall have expired or become void, the
owner or person in occupation of such land, building, wall, hoarding or structure
shall be deemed to be the person who has erected, exhibited, fixed or retained such
advertisement in such contravention unless he proves that such contravention was
committed by a person not in his employment or under his control or was
committed without his connivance.
82
161. Removal of unauthorised advertisement.- If any advertisement be
erected, exhibited, fixed or retained contrary to the provisions of section 158 or
section 159 or after the written permission for the erection, exhibition, fixation or
retention thereof for any period shall have expired or become void, the Chief
Commissioner may, by notice in writing, require the owner or the occupier of the
land, building, wall, hoarding or structure upon or over which the same is erected,
exhibited, fixed or retained to take down or remove such advertisement or may
enter any building, land or property and have the advertisement removed. 1[Any
dues as per prescribed advertisement fees may be assessed, demand and show
cause notices thereon issued and recoveries made, mutatis mutandis, as per
manner provided for issuance of show cause notice, demand notice and the
recovery of demand for the property tax under this Act:
Provided that for unauthorized advertisements the cost of removal thereof, in
addition to other provisions, the same may be recovered by the seizure and sale of
the unauthorized advertisement materials.]1
1. Inserted by Act 17 of 2024 w.e.f. 7.3.2024
1[162. Collection of fees on advertisement.- The collection of any fee on
advertisement leviable under section 158 for any period may be assigned to a
suitable agency for a period not exceeding one year at a time on such terms and
conditions as may be specified for in the bye-laws and in due compliance of the
provisions of the Karnataka Transparency of Public Procurement Act, 1999
(Karnataka Act 29 of 2000) and the rules made thereunder.]1
2. Substituted by Act 17 of 2024 w.e.f. 7.3.2024
163. The Chief Commissioner's power to call for information and to
enter upon premises and to condone omission to give notice.- (1) For the
purpose of assessing the property tax, the Chief Commissioner may, by notice, call
upon the owner or occupier of any building or land to furnish him within thirty
days after the service of the notice where the notice is served upon the Government,
a railway administration or a company and within fourteen days after such service
in other cases, with returns of the rent payable for the building or land, the cost of
erecting the building, and the measurements of the land and with such other
information as the Chief Commissioner may require and every owner or occupier
upon whom any such notice is served shall be bound to comply with it and to make
a true return to the best of his knowledge or belief.
(2) For the purpose aforesaid the Chief Commissioner may enter, inspect,
survey and measure any building or land after giving twenty-four hour's notice to
the owner or occupier.
(3) The Chief Commissioner may, at his discretion condone omissions to give
notice under this Act, giving his reasons in writing for every such condonations
164. Recovery of surcharges and charges how made.- (1) Every sum
certified by the auditor to be due from any person shall be paid by such person into
the treasury or bank in which the funds of the corporation are lodged, or through
online within one month from the receipt by him of the decision of the Chief
Commissioner, unless within that time such person has applied to the court or to
the Government as provided in this Act.
83
(2) The said sum, if not paid, or if an application has been made to the court
or to the Government against the decision of the auditor as provided in this Act
such sum as the court or the Government shall declare to be due, shall be
recoverable, on an application made by the Chief Commissioner to the court, in the
same manner as an amount decreed by the court in favour of the Chief
Commissioner.
165. Levy of entertainment tax.- (1) Entertainment tax shall be levied
and collected by the Corporation over any ticket based entertainment, non-ticket
based entertainment and televised entertainment, in accordance with the Act:
Provided that, the entertainment tax on televised entertainment shall be
collected by the Corporation within the corporation area.
(2) The rate of entertainment tax leviable for any ticket-based entertainment,
non-ticket based entertainment and televised entertainment shall be determined by
the Corporation by way of resolution.
166. Levy of entertainment tax on complimentary ticket and
connections.- (1) There shall be an entertainment tax levied by and paid to the
Corporation on every complimentary ticket issued by the proprietors of
entertainment who possess a valid license to host ticket based entertainment or
who own or manage the place of ticket based entertainment and the tax on such
complimentary ticket shall be paid on the actual value of ticket or as per the value
as determined by the Chief Commissioner from time to time.
(2) There shall be an entertainment tax levied by and paid to the
Corporation on every complimentary connection provided by the proprietors of
entertainment who possess a valid license under such applicable laws to provide
cable television service or direct to home service and the tax on such
complimentary connection shall be paid on the actual value of ticket or as per the
value determined by the Chief Commissioner.
167. Exemption from payment of entertainment tax for performing
any duty inside the place of entertainment.-No persons, other than those who
have a duty to perform inside the place of ticket based entertainment or upon
whom a duty has been imposed under this Act, may be admitted to any ticket
based entertainment without a ticket or pass:
Provided that, such persons who have a duty to perform inside the place of
ticket based entertainment shall be distinguished from those persons who have
entered the place of ticket-based entertainment through purchased ticket or a
complimentary ticket.
Provided also that, such persons shall be distinguished by way of special
pass indicating the purpose of the entry or the entry of such person shall be
permitted upon the approval of the Chief Commissioner.
168. Furnishing security amount.-(1)The Chief Commissioner may, if he
deems fit, mandate the furnishing of an amount by way of security form to the
proprietor of entertainment as an advance for the payment of entertainment tax.
(2) The method of calculating the security amount required to be furnished
under sub section (1) shall be provided for under the Rules.
169. Payment of taxes and filing of self-assessed returns for the
payment of entertainment tax.- (1) Every proprietor of entertainment shall
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submit such returns to the Chief Commissioner within such periods of time as
prescribed under the Rules.
(2) The details to be provided in the returns under sub section (1) by each
type of proprietor of entertainment shall be prescribed under the Rules.
170. Failure to submit returns or provide adequate details in the
return.-(1) If the Chief Commissioner believes or has reasonable cause to believe
that the proprietor of entertainment has not furnished all the details in the returns
or if the Chief Commissioner is of the reasonable belief that the details in the re-
assessed returns are untrue or the tax due has been underpaid, the Chief
Commissioner shall issue an order of re-assessment against such proprietor.
(2) If the proprietor of entertainment has failed to submit returns under
section 169 the Chief Commissioner shall have the power to issue an order of re-
assessment against such proprietor.
(3) If the Chief Commissioner believes or has reasonable cause to believe
that the complimentary ticket issued by the proprietor of entertainment does not
reflect the true value of the ticket, the Chief Commissioner shall have the power to
assess the value of the complimentary ticket and the criteria for which may be
provided for under the Rules:
Provided that, upon the assessment of the value of the complimentary ticket,
the Chief Commissioner shall issue an order to the proprietor of entertainment to
submit the revised returns which shall reflect the value of complimentary ticket as
assessed by the Chief Commissioner.
Provided further that, the revised returns shall be filed within fifteen days of
the receipt of the order.
(4) The Chief Commissioner shall, for the purposes of sub sections (1), (2)
and (3), have the power to enter the place of such entertainment and inspect the
surroundings and relevant documents.
(5) For the purposes of sub section (1), the Chief Commissioner shall
have the power to search and seize any books, records, accounts, registers, tickets
and portions thereof and any article so seized shall be retained by Chief
Commissioner for not more than fifteen days from the date of seizure.
(6) The Chief Commissioner, if necessary, may take copies, or cause
copies to be taken, of any books, records, accounts, registers, tickets and portions
thereof.
(7) If the Chief Commissioner, upon inspection, is satisfied that the
proprietor of entertainment has not furnished all the details required under Section
170, the Chief Commissioner shall issue a show cause notice and shall provide an
opportunity to be heard to such proprietor of entertainment and may levy a fine as
prescribed under the rules.
1[171. Appeal.- Any person aggrieved by the order of re-assessment by the
Chief Commissioner may appeal to an authority and the procedure including the
time limit shall be so prescribed:
Provided that the appeal shall not be admitted unless the appellant deposits
at least fifty percent of the re-assessed or assessed fee to the Corporation.
Provided further that in case of appeal being successful resulting in refund
either in part or in full of the already deposited amount, the same shall be
immediately refunded by the Corporation or adjusted against any other pending or
future fees or taxes or penalties or cesses or interest or other levies.]1
1. Substituted by Act 17 of 2024 w.e.f. 7.3.2024
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172. Recovery of entertainment tax.-(1) Where the person has failed to
file returns under section and the requisite entertainment tax has been unpaid, the
Chief Commissioner shall, make a demand for the payment of entertainment tax
due which shall be paid within fifteen days from the date of receipt of the order.
1[(2) Any person against whom a demand for payment of tax has been issued,
may challenge such demand before the prescribed authority in accordance with
such rules as may be prescribed.
(3) If the person fails to pay tax within the time period provided for under
sub-section (1) and sub-section (2), the prescribed authority may order the recovery
of the tax by the Corporation as an arrears of land revenue in a manner and
procedure prescribed for recovery of property tax including distraint of moveable
properties, attachment of bank accounts and immovable properties and distress
sale of the immovable properties under this Act.]1
1. Substituted by Act 17 of 2024 w.e.f. 7.3.2024
173. Punishment for non-payment of entertainment tax.- (1) If the
proprietor of entertainment fails to pay tax under this_ Act within such time period
provided under the Rules, such proprietor shall be liable to pay a fine of up to two
times the tax payable or be sentenced to imprisonment of up to one year or both.
(2) The Chief Commissioner, for the purpose of sub section (1), shall have
the power to file a criminal complaint against such proprietor.
174. Punishment for willful suppression of information in the returns.-
(1) If the proprietor of entertainment willfully suppresses information in the returns
and such information, in the opinion of the Chief Commissioner, is material to the
calculation of entertainment tax, such proprietor shall be liable to pay a fine of up-
to one and a half times the differential amount or imprisonment of six months or
both.
(2) The Chief Commissioner, for the purpose of sub section (1), shall have
the power to file a criminal complaint against such proprietor.
175. Duty on transfer of immovable properties.-(1) The duty on transfer
of immovable property shall be levied in the form of a surcharge at the rate of two
percent of the duty imposed under the Karnataka Stamp Act, 1957 (Karnataka Act
No 34 of 1957), on instruments of sale, gift, mortgage, exchange or lease in
perpetuity of all immovable property situated within the limits of a Corporation.
(2) The Government shall remit the surcharge collected by it every month
and upon failure to remit such amounts beyond six months, the Government shall
transfer such amounts with an interest of nine percent.
176. Provisions applicable on the introduction of transfer duty.-
(1)Section 28 of the Karnataka Stamp Act, 1957 shall be read, as if it specifically
required the particulars to be set forth separately in respect of property situated
within and outside the limits of the Corporation.
(2) Section 64 of the same Act shall be read as if it referred to the corporation
as well as the Government.
177. Power to make rules regarding assessment and collection of
transfer duty.- The Government may make rules not inconsistent with this Act for
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regulating the collection of the duty, the payment thereof to the corporation and the
deduction of any expenses incurred by the Government in the collection thereof.
178. Power to assess in case of escape from assessment.-
Notwithstanding anything to the contrary contained in this Act or the rules made
thereunder, if for any reason any person liable to pay any of the taxes or fees
leviable under this chapter has escaped assessment in any half-year or year, the
Chief Commissioner may, at any time 1[XXX]1, serve on such person a notice
assessing him to the tax or fee due and demanding payment thereof within fifteen
days from the date of such service; and the provisions of this Act and the rules
made thereunder shall, so far as may be, apply as if the assessment was made in
the half-year or year to which the tax or fee relates.
1. Omitted by Act 17 of 2024 w.e.f. 7.3.2024
1[179. XXX]1
2. Omitted by Act 17 of 2024 w.e.f. 7.3.2024
CHAPTER XIV
FINANCE, ACCOUNTS AND AUDIT
180. Corporation Fund.-(1)There shall be a fund, called the Corporation
Fund, which shall be held by the Corporation in trust for the purposes of this Act,
and all monies realized or realisable under this Act and all monies otherwise
received by the Corporation shall be credited thereto.
(2) All moneys received by or on behalf of the corporation by or under this
Act or any other law, all taxes, tolls and other imposts, fines, fees, penalties paid to
or levied by it under this Act, all proceeds of land or other property sold by the
corporation and all rents accruing from its land or property and all interests,
profits and other moneys accruing by gifts or transfers from the Government or
private individuals or otherwise shall constitute the corporation fund and shall be
held, applied and disposed of in accordance with the provisions of this Act, the
rules and the regulations made thereunder or any other law for the time being in
force.
(3) The receipts and expenditures of the Corporation shall be kept under
such heads of accounts, in such manner and in such form, as may be prescribed.
(4) Every head of account specified under sub section (2) shall be split into
a revenue account and a capital account and all items of receipts and expenditures
shall be kept appropriately under such revenue account or capital account, as the
case may be.
(5) The Corporation shall prepare and maintain books of accounts using the
double entry accrual system of book keeping, in accordance with the accounting
standards recommended by the Institute of Chartered Accountants of India, and in
such manner as may be prescribed.
181. Application of the Corporation Fund.-(1) The moneys credited to the
Corporation fund from time to time shall be applied for payment of all sums,
charges and costs necessary for carrying out the purposes of this Act and the rules
and the bye-laws made thereunder and for payment of all sums payable out of the
Corporation Fund in accordance with the Karnataka Local Fund Authorities Fiscal
Responsibility Act, 2003 (Karnataka Act 41 of 2003) or any other law for the time
being in force in the manner prescribed.
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(2) The Government shall prescribe the procedure for the application of
Corporation fund, accounting practices, publication of the financial documents and
such other processes for efficient financial management.
182. Urban Transport Fund.- (1) There shall be constituted a Fund called
the Urban Transport Fund which shall consist of,-
(a) Urban Transport Cess collected under section 143 of this Act;
(b) all grants received from the State Government and Central
Government, if any; and
(c) any other receipts, interest or any other form of income to this fund.
(2) The Urban Transport Fund shall be utilized for,-
(a) co-ordinated planning, projects formulation and implementation
relating to urban transport and their integrated management;
(b) conducting studies, research, promotion and compaign to encourage
for use of public transport;
(c) capacity building in the urban local bodies, parastatal agencies and
in the State Government; and
(d) any other purpose as may be prescribed by the State Government.
(3) The Directorate of Urban Land Transport shall be the Secretariat to
administer the fund constituted under sub-section (1).
(4) The accounts of all receipts and expenditure arising out of the Urban
Transport Fund shall be kept in such manner and in such form as may be
prescribed.
(5) The Government shall appoint one of its officers as the auditor who shall
subject to supervision and control of the Principal Controller of State Audit and
Accounts conduct audit of the Urban Transport Fund and he shall have access to
all books of Accounts and to all receipts and expenditure relating to the Urban
Transport Fund and the Director of Urban Land Transport or as the case may be
the Director of Municipal Administration or the Chief Commissioner of the
Corporation or any officer of Corporation shall furnish to him any information
concerning any receipt of expenditure which may be required by him.
(6) The Director of Urban Land Transport shall prepare Annual Report of the
operation of the Fund and furnish the report to the Government for laying before
each House of the State Legislature. Audit report and compliance in this regard
shall also be laid before each House of the State Legislature.
183. Contribution to expenditure by the Corporation.- (1) If the
expenditure incurred by the Government or by the Corporation for any purpose
authorised by rules is such as to benefit the inhabitants of the city, the corporation
may make a contribution towards such expenditure.
(2) The Government may direct the corporation to show cause, within a
period fixed by the Government in this behalf not being less than one month after
receipt of the order containing the direction, why any contribution referred to in
sub-section (1) should not be made.
(3) If the corporation fails to show cause within the said period to the
satisfaction of the Government, the Government may direct it to make such
contribution as it shall name and it shall be paid accordingly.
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184. Power of corporation to borrow money.- (1) The corporation may, in
pursuance of any resolution passed at a special meeting, barrow by way of
debenture or otherwise, on the security of all or any of the taxes, duties, fees and
dues authorised by or under this Act, any sums of money which may be required,-
(a) for the construction of works,
(b) for the acquisition of lands and buildings, or
(c) to pay off any debt due to Government, or
(d) to repay a loan previously raised under this Act or any other law
previously in force:
Provided that,-
(i) no loan shall be raised without the previous sanction of the
Government, and
(ii) the amount of the loan, the rate of interest and the terms including
the date of floating, the time and method of repayment and the like
shall be subject to the approval of the Government.
(2) When any sum of money has been borrowed under sub-section (1),-
(a) no portion thereof shall, without the previous sanction of the
Government, be applied to any purpose other than that for which it
was borrowed, and
(b) no portion of any sum of money borrowed under clause (a) of sub-
section (1) shall be applied to the payment of salaries or allowances
to any corporation officers or servants other than those exclusively
employed upon the works for the construction of which the money
was borrowed.
185. Time for repayment of money borrowed under section 184.- The
time for the repayment of any money borrowed under section 184 shall in no case
exceed sixty years, and the time for the repayment of any money borrowed for the
purpose of discharging any previous loan shall not, except with the express
sanction of the Government, extend beyond the unexpired portion of the period for
which such previous loan was sanctioned.
186. Limit of borrowing powers.- Notwithstanding anything hereinafter
contained, the borrowing powers of the corporation shall be limited so that the sum
payable annually for interest and for the maintenance of the sinking funds as
hereinafter provided, and for interest and repayment of any sums borrowed
otherwise shall not, except with the express sanction of the Government, exceed
ten percent of the rateable value of buildings and lands as determined under this
Act.
187. Form and effect of debentures.- All debentures issued under this
chapter shall be in such form as the corporation, with the previous sanction of the
Government may determine, and shall be transferable in such manner as shall be
therein expressed; and the right to sue in respect of the moneys secured by any of
such debentures shall vest in the holders thereof for the time being without any
preference by reason of some such debentures being prior in date to others.
188. Payment to survivors of joint payees.- When any debenture or
security issued under this Act is payable to two or more persons jointly, and either
or any of them dies, then, the debenture or security shall be payable to the survivor
or survivors of such persons:
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Provided that nothing in this section shall affect any claim by the
representative of a deceased person against such survivor or survivors.
189. Receipt by joint holder for interest or dividend.- When two or more
persons are joint holders of any debenture or security issued under this Act, any
one of such persons may give an effectual receipt for any interest or dividend
payable in respect of such debenture or security, unless notice to the contrary has
been given to the corporation by any other of such persons.
190. Power of the corporation to consolidate loans.- (1) Notwithstanding
anything to the contrary contained in this Chapter, the corporation may
consolidate all or any of its loans and for that purpose may invite tenders for a new
loan (to be called the "Corporation Consolidated Loan, 20....") and invite the holders
of corporation debenture to exchange their debentures for scrip of such loan.
(2) The terms of any such consolidated loan and the form of its scrip and the
rates at which exchange into such consolidated loan shall be permitted, shall be
subject to the prior approval of the Government.
(3) The period for the extinction of any such consolidated loan shall not,
without sanction of the Government extend beyond the farthest date within which
any of the loans to be consolidated would be otherwise repayable.
(4) The corporation shall provide for the repayment of any such consolidated
loan by a sinking fund in the manner laid down in section 204 having regard to the
amount transferred to such sinking fund under section 203.
191. Priority of payments for interest and repayment of loans over
other payment.- All payments due from the corporation for interest on and
repayment of loans shall be made in priority to all other payments due from the
corporation.
192. Attachment of corporation fund for recovery of money borrowed
from the Government.- (1) If any money borrowed by the corporation from the
Government, whether before or after the commencement of this Act, or any interest
or costs due in respect thereof, be not repaid according to the conditions of the
loan, the Government may attach the corporation fund or any part thereof.
(2) After such attachment, no person except an officer appointed in this
behalf by the Government shall in any way deal with the attached fund; but such
officer may do all acts in respect thereof which any municipal authority, officer or
servant might have done if such attachment had not taken place, and may apply
the proceeds in satisfaction of the arrears and of all interest and costs due in
respect thereof and all expenses caused by the attachment and subsequent
proceedings:
Provided that no such attachment shall defeat or prejudice any debt for
which the fund attached was previously charged in accordance with law; but all
such prior charges shall be paid out of the proceeds of the fund before any part of
the proceeds is applied to the satisfaction of the debt due to the Government.
193. Preparation of the corporation budget.-(1)Every zonal committee
shall submit a budget estimate to the Mayor which shall comprise of the required
budgetary support for the implementation of the existing schemes, list of capital
expenses, required manpower and such other expenses for the purposes of effective
implementation of this Act within a particular zone.
(2) No zonal committee shall submit a budget estimate to the mayor without
consulting with the ward committees and considering its recommendations.
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(3) The ward committees shall prior to making its recommendations to the
zonal committees organize such public consultations as necessary.
(4) The format and process for submission of zonal committee budgets
estimate shall be as specified.
(5) The chief commissioner shall prepare a budget estimate for the
Corporation upon considering the budget estimates from all the zonal committees.
(6) The budget estimate shall state the following,-
(a) The receipts and payments for the previous financial years and
expected receipts and payments for the upcoming financial year;
(b) Compliance to the medium term fiscal plan;
(c) Rates at which various taxes, surcharges, cess and fees that shall be
levied by the Corporation for the immediately succeeding financial
year; and
(d) The amount of money to be raised as a loan amount of money
allocated to each zonal committee and the basis for the utilization of
such amounts.
(7) The budget estimate shall be prepared, presented and adopted in such
form and in such manner and shall provide for such matters as may be prescribed.
194. Budget estimates to be prepared by the standing committee for
taxation, finance and appeals or as the case may be, standing committee for
taxation and finance .- (1) The standing committee for taxation and finance and
appeal shall, on or as soon as may be, after the fifteenth day of January consider
the estimates and proposals of the chief Commissioner and after having obtained
proposals, if any, of other standing committees and such further detailed
information, if any, as it shall think fit to require from the chief Commissioner and
having regard to all the requirements of this Act, shall prepare there from, subject
to such modifications and additions therein or thereto as it shall think fit, a budget
estimate of the income and expenditure of the corporation for the next year.
(2) In such budget estimate, the standing committee shall,-
(a) provide for the payment, as they fall due of all instalments of principal
and interest for which the corporation may be liable on account of
loans;
(b) provide for the payment as it falls due, of any amount towards
contributions, fees or such other amounts as may be payable by the
corporation to the Government;
(c) allow for a cash balance at the end of the year of not less than one
lakh of rupees under General Account Revenue.
(3) The Chief Commissioner shall cause the budget estimate as finally
approved by standing committee, to be printed and shall, not later than the first
day of February, forward a printed copy thereof to each councillor.
195. Power of Corporation to alter budget grant.- The Corporation may
from time to time, for specific reasons to be explained in writing, during the
financial year,-
(a) Increase the amount of any budget grant under any head;
(b) Make an additional budget grant for the purpose of meeting any
special or unforeseen requirement arising during the said year;
(c) Transfer the amount of any budget grant or portion thereof under one
head to the amount of budget grant under any other head; and
(d) Reduce the amount of the budget grant under any head.
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196. Obligation to pass budget before the beginning of the year.- (1)
The corporation shall finally pass the budget estimate at least three weeks before
the beginning of the year to which it relates and shall forthwith submit a copy
thereof to the Government.
(2) The Government may sanction the budget in its entirety or subject to
such modification as it thinks fit:
Provided however that, if within two months of the date of receipt of the
budget, the Government does not communicate any orders thereon, the budget
shall be deemed to have been sanctioned by the Government.
197. Corporation may pass supplemental budget.- The Corporation may,
on the recommendation of the standing committee for taxation, finance and appeal
during the year pass a supplemental budget estimate for the purpose of meeting
any special or unforeseen requirements, arising during that year; so however that
the estimated cash balance under General Account-Revenue at the close of the year
shall not be reduced to less than one lakh of rupees:
Provided that no item shall be included in the supplemental budget which
had been disallowed by the Government while sanctioning the Budget.
198. Re-adjustment of income and expenditure to be made by the
corporation during the course of the official year whenever necessary.- (1) If it
shall at any time during any year appear to the corporation upon the
representation of the standing committee for taxation and finance , that,
notwithstanding any reduction of budget grants that may have been made under
section 195, the income of the corporation fund during the said year will not suffice
to meet the expenditure sanctioned in the budget estimate of the said year and to
leave at the close of the year a cash balance of not less than one lakh of rupees
under General Account-Revenue, it shall be incumbent on the corporation either to
diminish the sanctioned expenditure of the year, so far as it may be possible so to
do with due regard to all the requirements of this Act, or to have recourse to
supplementary taxation, or to adopt both of these expedients in such measure as
may be necessary to secure an estimated cash balance of not less than one lakh of
rupees under General Account - Revenue at the close of the year.
(2) Whenever the corporation determines to have recourse to supplementary
taxation in any year, it shall do so by increasing for the unexpired portion of the
year the rate at which any tax or duty is being levied subject to the conditions,
limitations and restrictions laid down in Chapter X.
199. Preparation of a medium-term fiscal plan.-(1) The Mayor in
consultation with the Chief Commissioner, Standing Committee for Taxation,
Finance and Appeal and Zonal Committees prepare a medium term fiscal plan for
the Corporation in a manner as may be prescribed.
(2) The medium-term fiscal plan prepared under sub-section (1) shall
contain the receipts and payments projections for three years, assumptions
underlying projections and evaluation of performance against targets set in the
previous budget estimates.
200. Comprehensive Debt Limitation Policy.-(1) The Corporation shall
frame a Comprehensive Debt Limitation Policy applicable in the case of loans,
including short term loans, to be raised by the Corporations and laying down the
general principles governing the raising of loans by the Corporation having regard
to its financial capacity.
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(2) The Corporation may borrow by way of loan or any other form of credit
provided such loan or credit is permitted under the Comprehensive Debt Limitation
Policy.
201. Mandatory compliance.-(1) The budget estimate prepared by the
Corporation shall be in compliance with the medium term fiscal plan,
comprehensive debt limitation policy prepared and those orders issued by
Government from time to time.
(2) The Government may direct the Corporation to prepare the budget
estimate afresh, if it is of the opinion that the budget estimate approved by the
council is not in compliance with the medium-term fiscal plan and comprehensive
debt limitation policy.
(3) No direction under sub-section (2) shall be without providing the
Corporation an opportunity of being heard.
202. Establishment of Sinking Fund.-(1) The Corporation shall establish
a Sinking Fund in respect of each loan raised under this Chapter for the repayment
of moneys borrowed and shall, every year pay into such Sinking Fund such sum as
shall be sufficient for the repayment, within the period fixed for the loan, of the
moneys borrowed.
(2) If at any time the sum standing at the credit of a Sinking Fund
established under this Act for repayment of any loan is of such amount that if
allowed to accumulate at the rate of interest sanctioned, the Chief Commissioner
with the prior approval of the Mayor discontinue the further payment towards such
a fund.
203. Investment of amount at the credit of the Sinking Fund.-(1)All
moneys paid into a Sinking Fund shall, as soon as possible, be invested by the
Corporation in accordance with the investment policy applicable to any public
enterprise laid down by the Government
(2) All sums received in respect of any investment under sub-section (1)
shall, as soon as possible, after their receipt, be paid into the Sinking Fund and
shall be invested in the manner laid down in that sub-section.
(3) Moneys standing at the credit of two or more Sinking Funds may, at the
discretion of the Municipality, be invested together as a common fund, and it shall
not be necessary for the Corporation to allocate the securities held in such
investments to the several Sinking Funds.
(4) Subject to the provisions of sub-section (1), any investment made under
this section may, from time to time, be varied or transposed.
204. Application of the sinking fund.- The Corporation may apply a
sinking fund or any part thereof, in or towards the discharge of the loan or part of a
loan for which such fund was created, and until such loan or part is wholly
discharged shall not apply the same for any other purpose:
Provided that, when any loan or parts thereof have been consolidated
the trustees shall transfer to the sinking fund of the consolidated loan so created
such part of the sinking funds of the original loans as may be proportionate to the
amount of the original loans incorporated in the consolidated loan.
205. Annual statement by the Corporation.- (1) The Corporation shall, at
the end of every year submit to the Government a statement showing,-
(a) the amount which has been invested during the year;
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(b) the date of the last investment made previous to the submission of the
statement;
(c) the aggregate amount of the securities then in their hands; and
(d) the aggregate amount which has, up to the date of the statement,
been applied in or towards discharging loans.
(2) Every such statement shall be laid before the Corporation and published.
206. Attachment of the Corporation fund for recovery of money
borrowed from the Government.- (1) If any money borrowed by the Corporation
from the Government, whether before or after the commencement of this Act, or
any interest or costs due in respect thereof, be not repaid according to the
conditions of the loan, the Government may attach the Palike fund or any part
thereof.
(2) After such attachment, no person except an officer appointed in this
behalf by the Government shall in any way deal with the attached fund; but such
officer may do all acts in respect thereof which any Corporation authority, officer or
servant might have done if such attachment had not taken place, and may apply
the proceeds in satisfaction of the arrears and of all interest and costs due in
respect thereof and all expenses caused by the attachment and subsequent
proceedings:
Provided that, no such attachment shall defeat or prejudice any debt for
which the fund attached was previously charged in accordance with law; but all
such prior charges shall be paid out of the proceeds of the fund before any part of
the proceeds is applied to the satisfaction of the debt due to the Government
207. Appointment of the Chief Financial Officer.-(1) The Corporation
shall appoint a Chief Financial Officer who shall guide the Corporation on all
financial matters and perform such duties as allocated by the Mayor or the Chief
Commissioner from time to time.
(2) The Chief Financial Officer shall be of such rank and designation as
may be specified by the Government.
208. Annual Financial statement.-(1)The Chief Commissioner, within two
months of the close of a financial year, cause to be prepared an annual financial
statement containing an income and expenditure account, cash flow statement and
receipts and payments account for the preceding financial year in respect of the
accounts of the Corporation, and a balance sheet as of the last day of the
preceding financial year, along with schedules to the above and notes to accounts
including significant accounting policies including details of contingent liabilities
and any other such information as may be useful in understanding the financial
statements clearly.
(2) The form of the financial statement and the balance sheet, and the
manner in which the financial statement and the balance sheet shall be prepared
in a manner such as may be prescribed.
209. Accounts and Audit.-(1) The accounts of all receipts and expenditure
of the corporation shall be kept in such manner and in such form as may be
prescribed.
(2) The Government shall appoint one of its officers as the Corporation Chief
Auditor who shall subject to the supervision and control of the Controller of State
Accounts conduct an audit of the corporation accounts and for this purpose, he
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shall have access to the corporation accounts and to all receipts and expenditure
relating thereto and the Chief Commissioner shall furnish to him any information
concerning any receipt or expenditure which may be required by him.
(3) Subject to the provisions of any law for the time being in force, the audit
of all transactions of receipts and expenditure of the Corporation shall be subject to
technical guidance and supervision of the Comptroller and Auditor General of India
and he shall send the annual technical inspection report to Government for being
placed before both Houses of the State Legislature.
(4) The Controller, State Audit and Accounts Department shall send
Consolidated Annual Audited Report pertaining to the Corporation to the
Government for being placed before both Houses of the State Legislature.
(5) The Chief Auditor of Corporation shall report to the prescribed
Corporation authority any material impropriety or irregularity which he may at any
time observe in the expenditure or in the recovery of moneys due to the corporation
or in the corporation accounts and shall furnish information in respect of such
matter as may be laid down in the rules.
(6) He shall be paid such salary and allowances as the Government may
determine and shall be entitled to privileges in accordance with the rules and
regulations of the branch of the Government service to which he belongs and in
force for the time being and the corporation shall make such contribution towards
his leave, allowances, pension and provident fund as may be payable under such
rules and regulations by him or on his behalf from the corporation fund.
CHAPTER XV
STREETS
210. Vesting of Public streets in the Corporation and their
appurtenances in Corporation.-(1) The following shall vest in the Corporation,-
(a) All public streets in the Corporation reserved under the control of the
Government, with the pavements, stones and other materials thereof
and all work materials, implements and other things provided for
such streets;
(b) all sewers, drains, drainage works, tunnels and culverts whether
made at the cost of the Corporation fund or otherwise, in or alongside
or under any street, whether public or private, and
(c) all works, materials, implements and other things appertaining
thereto and all trees not being private property growing on public
streets or by the side thereof.
(2) The Government may, after consulting the Corporation by notification
withdraw any such street, sewer, drain, drainage work, tunnel, culvert or tree from
the control of the Corporation.
(3) All public streets vesting in the Corporation shall be under the control of
the Zonal Commissioner of the respective zone and shall be maintained, controlled
and regulated by them in accordance with the bye-laws that are made in this
behalf, and upon any such instructions issued by the Chief Commissioner.
211. Powers of the Zonal Commissioner in respect of public streets,-
(1)The Zonal Commissioner shall, from time to time, either suo moto or upon the
request of the Ward Committee cause all public streets vested in the Corporation to
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be levelled and repaired; he may also from time to time widen, extend or otherwise
improve any such street for the safety of pedestrians.
(2) The Zonal Commissioner may also, at any time, close the whole or
any part of a public street vested in the respective zone:
Provided that, before doing so, the Corporation shall by notice publish in the
manner specified by bye-laws give reasonable opportunity to the residents likely to
be affected by such closure to make suggestions or objections with respect to such
closure and shall consider all such suggestions or objections which may be made
within thirty days from the date of the publication of the said notice.
212. Powers of the Chief Commissioner in respect of public streets.- (1)
The Chief Commissioner shall have the power to issue directions to the Zonal
commissioner from time to time, as may be necessary.
(2) The Chief Commissioner shall have the power to take decisions in
matters pertaining to streets that overlap two or more zones.
213. Power to make new public streets.-(1)The Zonal Commissioner may
at any time with the previous sanction of the Chief Commissioner,-
(a) lay out and make new public streets;
(b) construct bridges and sub-ways;
(c) turn or divert any existing public street for alignment of roads;
(d) widen, open, extend or otherwise improve any public street; and
(e) lay down and determine the position and direction of a street or
streets in any part of Bengaluru notwithstanding that no proposal for
the erection of any building in the vicinity has been received.
(2) The Bengaluru Development Authority shall assist the Corporation in
carrying out its functions.
(3) Reasonable compensation shall be paid to the owners and occupiers of
any land or buildings which are acquired for or affected by any such purposes.
(4) In determining such compensation, allowance shall be made for any
benefit accuring to the owner or occupier concerned from the construction or
improvement made by the Chief Commissioner.
214. Minimum width of new public streets.-The Chief Commissioner
shall, from time to time, specify the minimum width of different public streets
according to the nature of the traffic likely to be carried thereon, and the streets
with which they join at one or both ends, the localities in which they are situated
and other similar considerations.
215. Power to prohibit use of public streets for certain kind of traffic.-
(1) The Zonal Commissioner may prohibit vehicular traffic in any public
street or any portion thereof so as to prevent danger, obstruction or inconvenience
to the public or to ensure quietness in any locality.
(2) The Zonal Commissioner shall seek assistance from police to regulate
traffic in streets as stipulated under Section 69 of the Karnataka Police Act, 1963.
216. Owner’s obligation when dealing with land as building sites.-If the
owner of any land utilizes, sells, leases out or otherwise disposes off any part of the
land for the construction of buildings, he shall lay down and make a street or
streets giving access to the plots and connecting them to an existing public or
private street.
217. Making of new private streets.- (1) Any person intending to layout or
make a new private street must send to the Chief Commissioner a written
application with plans and sections showing the following particulars, namely:-
(a) the intended level, direction and width of the street;
(b) the street alignment and the building line; and
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(c) the arrangements to be made for levelling, paving, metalling, flagging,
channelling, sewering, draining, conserving and lighting the street.
(2) The provisions of this Act and of any rules or bye-laws made thereunder
as to the level and width of public streets and the height of buildings abutting
thereon shall apply also in the case of streets referred to in sub-section (1) and all
the particulars referred to in that sub-section shall be subject to approval by the
zonal committee.
(3) Within sixty days after the receipt of any application under sub-section
(1) the zonal committee shall either sanction the making of street on such
conditions as it may think fit or disallow it or ask for further information with
respect to it.
(4) Such sanction may be refused,-
(a) if the proposed street would conflict with any arrangements which
have been made or which are in the opinion of the standing
committee likely to be made, for carrying out any general scheme of
street improvement;
(b) if the proposed street does not conform to the provision of the Act, the
rules and bye laws referred to in sub-section (2); or
(c) if the proposed street is not designed so as to connect at one end with
a street which is already open.
(5) No person shall layout or make any new private street without or
otherwise than in conformity with the order of the zonal committee. If further
information is asked for, no steps shall be taken to lay out or make the street until
orders have been passed upon receipt of such information:
Provided that, the passing of such orders shall not in any case be delayed for
more than sixty days after the zonal committee has received all the information
which it considers necessary to enable it to deal finally with the said application.
(6) If the zonal committee does not refuse sanction within sixty days from
the receipt of the application under sub-section (1) or from the receipt of all the
information asked for under sub-section (5), such sanction shall be deemed to have
been given and the applicant may proceed to make the street, but not so as to
contravene any of the provisions of this Act or the rules or bye-laws made under
this Act.
218. Alteration or demolition of street made in breach of section 217.-
(1) If any person lays out or marks any street referred to in section 217
without or otherwise than in conformity with the alignment of roads or orders of
the standing committee the Zonal Commissioner, may, whether or not the offender
be prosecuted under this Act, by notice require the offender to,-
(a) show sufficient cause, by a written statement signed by him and sent
to the Zonal Commissioner on or before such day as may be specified
in the notice why such street should not be altered to the satisfaction
of the Zonal Commissioner, or is such alteration be impracticable,
why such street should not be demolished; or
(b) appear before the Zonal Commissioner either personally or by duly
authorised agent on such day at such time and place as may be
specified in the notice, and show cause as aforesaid.
(2) If any person on whom such notice is served fails to show sufficient
cause to the satisfaction of the Zonal Commissioner why such street should not be
so altered or demolished, the Zonal Commissioner may pass an order directing the
alteration or demolition of such street.
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(3) If such work is not carried out within the time specified in the notice,
the Zonal Commissioner may, if he thinks fit, execute it and the expenses incurred
shall be paid by the owner referred to in sub-section (1) in such proportions as may
be settled by the Zonal Commissioner.
219. Power to dispose of permanently closed streets.- (1) When any
public street is permanently closed under section 213, the corporation may dispose
of the site or so much thereof as is no longer required making due compensation to
any person injured by such closing.
(2) In determining such compensation, allowance shall be made for any
benefit accruing to the same premises or any adjacent premises belonging to the
same owner from the construction or improvement of any other public street, at or
about the same time that the public street, on account of which the compensation
is paid, is closed.
220. Acquisition of land and buildings for improvement of streets.- (1)
The chief Commissioner may subject always to such sanction as may be required,
acquire,-
(a) any land required for the purpose of widening, opening, extending
or
otherwise improving any public street or of making any new public
street,
and the building if any, standing upon such land;
(b) any land outside the proposed street alignment with the building if
any,
standing thereupon with the corporation may consider it
expedient
to acquire.
(2) Any land or building acquired under clause (b) of sub-section (1) may be
sold, leased or otherwise disposed of, after public advertisement, and any
conveyance made for that purpose may comprise such conditions as the standing
committee thinks fit as to the removal of the existing building, if any, the
description of the new building (if any) to be erected, the period within which the
new building (if any) shall be completed and any other similar matters.
(3) The standing committee may require any person to whom any land or
building is transferred under sub-section (2) to comply with any conditions
comprised in the said conveyance before it places him in possession of the land or
building.
221. Powers to prescribe building line and street alignment.- The
standing committee may,-
(a) prescribe for any public street, a building line or a street alignment or
both a building line and a street alignment;
(b) from time to time, but subject in each case to its receiving the authority
of the corporation in that behalf, define a fresh line in substitution for
any line so defined or any part thereof, provided that such authority
shall not be accorded,-
(i) unless, at least one month before the meeting of the
corporation at which the matter is considered, public notice of
the proposal has been given by the Chief Commissioner by
advertisment in the local newspapers and in the official
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Gazette, and also special notice thereof, signed by the Chief
Commissioner has been put up in the street or part of the
street for which fresh line is proposed to be defined; and
(ii) until the corporation has considered all objections to the said
proposals made in writing and delivered at the corporation
office not less than three clear days before the day of such
meeting.
222. Restriction on erection of or addition to buildings within street
alignment or building line.- (1) No person shall construct any portion of any
building within a street alignment defined under section 221, provided however
that the Chief Commissioner may in his discretion permit additions to a building to
be made within a street alignment, if such addition merely add to the height and
rest upon an existing building or wall, upon the owner of the building executing an
agreement binding himself and his successors in interest,-
(a) not to claim compensation in the event of the Chief
Commissioner at any
time thereafter calling upon him or his successors to remove
any building
erected or added to in pursuance of such permission or any
portion
thereof; and
(b) to pay the expenses of such removal:
Provided that the Chief Commissioner shall, in every case in which he gives
permission, report his reasons, in writing to the standing committee.
(2) If the Chief Commissioner refuses to grant permission to erect or add to
any building on the ground that the proposed site falls wholly or in part within a
street alignment prescribed under section 221 and if such site or portion thereof
which falls within such alignment be not acquired on behalf of the corporation
within one year after the date of such refusal, the corporation shall pay reasonable
compensation to the owner of the site.
(3) No person shall erect or add to any building between a street alignment
and a building line defined under section 221 except with the permission of the
Chief Commissioner who may when granting the permission impose such
conditions as the standing committee may lay down for such cases.
223. Setting back projecting building or wall.- (1) When any building or
part thereof abutting on a public street is within a street alignment defined under
section 221 the Chief Commissioner may, whenever it is proposed,-
(a) to rebuild such building or take it down to an extent exceeding
one-half
thereof above the ground level such half to be measured in cubic
meter; or
(b) to remove, reconstruct or make any addition to any portion of such
building
which is within the street alignment, in the order which he issues
concerning
the re-building, alteration or repair of such building require such
building to
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be set back to the street alignment.
(2) When any building or any part thereof within the street alignment falls
down or is burnt down or is, whether by order of the Chief Commissioner or
otherwise, taken down, the Chief Commissioner may forthwith take possession on
behalf of the corporation of the portion of land within the street alignment thereof
occupied by the said building and, if necessary, clear it.
(3) Land acquired under this section shall be deemed a part of the public
street and shall vest in the corporation.
(4) When any building is set back in pursuance of any requisition made
under sub-section (1), or when the Chief Commissioner takes possession of any
land under sub-section(2), the corporation shall forthwith make full compensation
to the owner for any direct damage which he may sustain thereby.
Explanation.- The expression, "direct damage" as used in sub-section (4)
with reference to land means, the market value of the land taken and the
depreciation, if any, in the ordinary market value of the rest of the land resulting
from the area being reduced in size; but does not include damage due to the
prospective loss of any particular use to which the owner may allege that he
intended to put the land, although such use may be injuriously affected by the
reduction of site.
224. Additional power of the Chief Commissioner to order settling
back of buildings to regular line of street.- (1) If any building or any part thereof
is within the regular line of a public street and if, in the opinion of the Chief
Commissioner, it is necessary to set back the building to the regular line of the
street he may, if the provisions of section 223 do not apply, by written notice,-
(a) require the owner of such building to show cause within such period
as is specified in such notice by a statement in writing subscribed by
him or by an agent duly authorised by him in that behalf and
addressed to the Chief Commissioner, why such building or any part
thereof which is within the regular line of the street shall not be
pulled down and the land within the said line acquired by the
Commissioner; or
(b) require the said owner on such day and at such time and place as
shall be specified in such notice to attend personally or by an agent
duly authorised by him in that behalf and show cause why such
building or any part thereof which is within the regular line of the
street shall not be pulled down and the land within the said line
acquired by the Chief Commissioner.
(2) If such owner fails to show sufficient cause to the satisfaction of the Chief
Commissioner why such building or any part thereof, which is within the regular
line of the street shall not be pulled down and the land within the said line
acquired as aforesaid, the Chief Commissioner, may, with the approval of the
standing committee, require the owner by a written notice, to pull down the
building or the part thereof which is within the regular line of the street within
such period as is prescribed in the notice.
(3) If within such period the owner of such building fails to pull down such
building or any part thereof coming within the said line, the Chief Commissioner
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may pull down the same and all the expenses incurred in so doing shall be paid by
the owner.
(4) The Chief Commissioner shall at once take possession on behalf of the
corporation of the portion of the land within the said line theretofore occupied by
the said buildings and such land shall hence forward be deemed a part of the
public street and shall vest as such in the corporation.
Provided that, nothing in this section shall be deemed to apply to
buildings vesting in the Government.
1[225. Power to declare any street as public street.- (1) If a private street
including the drains are in such a poor condition that endangers public safety and
health, the Zonal Commissioner may, with respect to a private street, on his own
accord or upon a request by the owners of the said private street or the owners of
the buildings and lands fronting or abutting on such a street, by a public notice
and notice to such owners, inform his intention to declare the said private street or
part thereof, a public street. Thereupon, such owners or anyone else interested,
may give objections, if any, regarding the said intention within one month of the
date of service of such the public notice by affixture. Upon considering the
objections if any, the Zonal Commissioner may, declare such street or part the
street to be a public street:
Provided that, in case the private street falls in more than one Zone then the
concerned Zonal Commissioners shall jointly issue the notice and thereupon
declare the street or part thereof as a public street.
Provided further that, the private street to be declared as public street shall
have connectivity from the public road or public street.
(2) On the request of site owners abutting a private street or otherwise such
street which was shown by the erstwhile land owner as road in the sale deed made
by the land owner and based upon which the abutting building sites were carved
out by the land owner, who has obtained the benefit of such road or street upon by
making the sale of abutting building sites and upon such road is declared as public
street under sub-section (1), in that event the land owner, shall not be eligible for
any type of compensation under the Right to Fair Compensation and Transparency
in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Central Act No. 30
of 2013) or any other law, including Development Rights Certificates under section
14-B of the Karnataka Town and Country Planning Act, 1961 (Karnataka Act 11
of 1963).
Explanation:- For the purpose of this section,-
(i) "Erstwhile Land Owner" means the person in whose name the agriculture
or converted land stood at the time of selling the sites and includes all those
persons claiming under or through him; and
(ii) "Public Street" means any street, road, square, court, alley, passage or
riding path over which the public have a right of way maintained by the
Corporation or Government or by any public authorities, whether a thoroughfare or
not and includes;-
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(a) the roadway over any public bridge or causeway;
(b) the footway attached to any such street public bridge or causeway; and
(c) the drains attached to any such street, public bridge or causeway and the
land, whether covered or not by any pavement verandah or other structure
which lies on either side of the roadway upto the boundaries of the adjacent
property, whether that property is private property or property belonging to
the Government or the Corporation.]1
1. Substituted by Act 34 of 2025 w.e.f. 15.04.2025
1[226. Power of the Zonal Commissioner to Order work to be carried or
carried out himself in default.- (1) If upon notice under section 225, due to
objections or any other reason leads to dropping of the intention to declare the
private street or part thereof as the public street but the private street or part
thereof requires to be improved, developed or maintained including road side drains
for the benefit of persons using the said street as easement right, the Zonal
Commissioner may by notice direct such owners to carry out any work which in his
opinion may be necessary and within such time as may be specified in such notice.
(2) If such work is not carried out within the time specified in the notice, the
Zonal Commissioner may, if he thinks fit, execute it and the expenses incurred
shall be paid by owners referred to in sub-section (1) in such properties as may be
settled by the Zonal Commissioner:
Provided that the expenses payable if not paid shall be recoverable as the
arrears of Property Tax and in the manner as may be prescribed for recovery of
property tax arrears.
(3) If the Zonal Commissioner carries out work in accordance with
sub-section (2), he, with the requisition of the owners can declare such a street to
be a public street and thereupon the street shall vest in the Corporation.]1
1. Substituted by Act 34 of 2025 w.e.f. 15.04.2025
227. Prohibition of projections upon streets.- (1) No person shall erect
projections in any way that can obstruct or cause inconvenience to the public.
(2) In an event the person erects such projections, he shall be required by
the Zonal Commissioner to remove such projections, failing which appropriate
action may be taken against him.
(3) It shall be the duty of the Corporation to implement the provisions of
the rules or byelaws prescribed thereunder.
228. Prohibition of structures or fixtures which cause obstruction in
streets.-No person shall, except with the permission of the Zonal Commissioner,
erect or set up any wall, fence, rail, post, step, booth or other structure whether
fixed or movable or whether of a permanent or temporary nature, or any fixture in
or upon any street or upon or over any open channel, drain, well or tank in any
street so as to form an obstruction to, or an encroachment upon, or a projection
over, or to occupy any portion of such street, channel, drain, well or tank.
229. Removal of encroachments.- (1) The Zonal Commissioner may, by
notice, require the owner or occupier of any premises to remove or alter any
projection. Encroachment or obstruction other than a door, gate, bar or ground
floor window situated against or in front of such premises and in or over any street.
(2) Where the Zonal Commissioner is satisfied that any road or public
street including footpath, if any, thereof belonging to the Corporation or vested in it
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or otherwise is encroached upon by any person in any form, either temporarily or
permanently so as to cause obstruction or hindrance or inconvenience to traffic
and users of the street, the Zonal Commissioner may summarily evict such
encroachments.
(3) Pursuant to directing such a person to leave, and the person fails to
leave, the Zonal Commissioner may file a criminal complaint against such a person.
230. Precautions during repair of streets.-(1)The Zonal Commissioner
shall, so far as is practicable during the construction or repair of any public street
vested in the Corporation-
(a) cause the same to be fenced and guarded;
(b) take proper precautions against accident by protecting the adjoining
buildings;
(2) The Zonal Commissioner shall cause such street to be sufficiently lighted
or guarded during night while under construction or repair.
(3) The Zonal Commissioner shall, as far as practicable, cause the said work
to be completed at the earliest and without causing inconvenience to the public.
231. Streets not to be opened or broken up and building materials not
to be deposited thereon without permission.- (1) No person or agency other than
the Zonal Commissioner or a Corporation employee shall, without the written
permission of the Zonal Commissioner who shall give such permission upon the
consultation of the Zonal Committee,
(a) open, break up, displace, take up or make any alteration in to any
material that is forming part of any street; or
(b) deposit any building materials in any street
(2) The Zonal Commissioner may, without notice, cause to be removed any
of the things referred to in sub section (1) which has been deposited or set up in
any street without the permission specified in that sub-section.
232. Right to receive compensation owing to any defect in public
street.- (1) When a person dies as a result of an accident which occurred due to a
defect on a public street, whether such person was commuting by motor vehicle or
any vehicle or was a pedestrian on a public street, his immediate family or
dependents shall have the right, jointly and severally, to claim compensation from
the Corporation. .
(2) Any person who suffers an injury as a result of an accident which
occurred due to a defect on a public street, while commuting by motor vehicle or
any vehicle, or as a pedestrian on a public street shall have the right to claim
compensation from the Corporation.
(3) The procedure for determination and payment of compensation shall be
done in accordance with rules or bylaws prescribed thereunder.
233. Naming of Public streets.- (1) The Chief Commissioner, with the
sanction of the Mayor may, with the sanction of the Corporation, determine the
name by which any street or public place vested in the Corporation shall be known
and may, at any time, alter the name of such a street:
Provided that, before such naming or renaming, the opinion of the Ward
Committees concerned shall be taken into consideration.
(2) No person shall, without lawful authority, destroy, remove, pull down,
deface or in any way injure or alter any such name put up or paint any name put
up or painted by order of the Zonal Commissioner.
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(3) The Zonal Commissioner shall cause to be put up or painted in English
and Kannada on a conspicuous part of some building, wall or place, at or near each
end, corner or entrance the name of every public street.
234. Numbering of Buildings.-(1) The Zonal Commissioner shall cause a
number to be affixed to the side or outer door of any building or to some place at
the entrance of the premises.
(2) No person shall, without lawful authority, destroy, pull down or deface
any such number.
(3) Where a number has been affixed under (1), the owner of the building
shall be bound to maintain such number and to replace it if removed or defaced
and if he fails to do so, the Zonal Commissioner may by notice require him to
replace it.
235. Provision for lighting of Public Streets.- (1) The Corporation shall
cause the public streets to be lighted and for that purpose shall provide such street
lights as may be necessary.
(2) The Zonal Commissioner shall take measures for lighting in a suitable
manner all such public streets and public places.
(3) The Zonal Commissioner shall procure, erect and maintain such
number of street lights, lamps, lamp posts and other accessories as may be
necessary for the said purpose.
236. Prohibition of removal, of street lights.- (1) No person shall,
without lawful authority, take away or wilfully or negligently break or throw down
or damage,-
(a) any street lights, lamp or lamp post set up in any public street or any
public place; and
(b) any electric wire for lighting such street light or lamp;
(2) No person shall willfully or negligently extinguish the light of any street
light or lamp set up in any public street or any public place.
(3) If any person wilfully or through negligence or accident breaks, or causes
any damage to, any of the things described in sub-section (1), he shall in addition
to any penalty to which he may be subjected under this Act, pay the expenses of
repairing the damage so done by him.
237. Power to allow certain projections and erections;- (1) The Zonal
Commissioner may grant a licence subject to such conditions and restrictions as he
may think fit to the owner or occupier of any premises,-
(a) to put-up or continue to have verandahs, balconies, sun-shades,
weather frames and the like to project over a street; or
(b) in streets in which the constructions of arcades has been sanctioned by
the Corporation to put up or continue to have an arcade; or
(c) to construct any step or drain-covering necessary for access to the
premises.
(2) The Zonal Commissioner may grant a licence subject to such conditions
and restrictions as he may think fit for any temporary construction in any street or
in any public place the control of which is vested in the Corporation.
(3) No licence shall be granted under sub-section (1) if the projection or
construction is likely to be injurious to health or cause public inconvenience or
otherwise materially interfere with the use of the road as such.
(4) On the expiry of any period for which a licence has been granted under
this section or after due communication of an order of suspension or revocation of
such licence the Zonal Commissioner may, without notice, cause any projection or
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construction put up under subsection (1) or (2) to be removed, and the cost of so
doing shall be recoverable in the manner from the person to whom the licence was
granted.
(5) The Corporation shall have power to lease road sides and street margins
vested in the Corporation for occupation on such terms and conditions and for
such period as it may fix:
Provided that, no such road sides and street margins shall be leased out for
any term exceeding three years without prior sanction of the Government:
Provided further that, if the Government consider that any occupation of a
road side or street margin under a lease granted by the Corporation under this
section is likely to be injurious to health or cause public inconvenience or otherwise
materially interfere with the use of the road side or street margin as such, the
Government may direct the Corporation to cancel or modify the lease and the
Corporation shall thereupon cancel or modify the lease accordingly.
CHAPTER XVI
REGULATION OF BUILDINGS INCLUDING TOWN PLANNING
238. Building bye-laws.-(1) With the approval of the Government the
Corporation may make bye-laws,-
(a) for the regulation or restriction of the use of sites or buildings; and
(b) for the regulation or restriction of building.
(2) without prejudice to the generality of the power conferred by clause (b)
of sub-section (1) bye-laws may provide for the following,-
(a) Information and plans required to be submitted to the Corporation by
any person seeking to construct a building within the jurisdiction of the
Corporation.
(b) The type of site where the buildings may be constructed and the
permitted technical standards for such construction.
(c) List of locations around which certain types of constructions may be
prohibited.
(d) Height of building sought to be constructed, whether absolute or
relative to the width of the street
(e) Level and width of foundation of the building sought to be constructed,
level of lowest floor and stability of structure
(f) Provision of sufficient open space, external or internal and adequate
means of ventilation within the building.
(g) Provision for secondary means of access for the removal of waste from
the building
(h) Materials and methods of construction of external and party walls,
roofs and floors within the building
(i) Position, materials and methods of construction of hearts, smoke
escapes, chimneys, staircases, privies, drains, cesspools within or
outside the building
(j) Paving of yards within the site where the building is sought to be
constructed
(k) Restrictions on the use of inflammable materials within the buildings in
accordance other relevant regulations.
(l) Provision of lifts within the building
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(m) Fire protection requirement within the building in accordance with the
fire plan
(n) Minimum plantation required within a building
(o) Installation of rain water harvesting systems within the building; and
(p) Minimum quality of materials to be used during construction of
buildings.
239. Prohibition of construction without sanction.-No person shall
construct any building or any structure of a permanent nature or execute any of
the work relating to the construction of building including addition, alteration or
modification of an existing within the jurisdiction of the Corporation save and
except in accordance with building bye-laws issued under section 238 and upon
the sanction of the Corporation to undertake such construction.
240. Procedure for grant of sanction of building plan.-(1) If any person
intends to construct or reconstruct a building, he shall by way of an application as
prescribed apply to the Zonal Commissioner for permission with such documents
as may be prescribed to undertake such construction or re-construction.
(2) Upon receipt of the application under sub-section (1), the Zonal
Commissioner shall verify if the application confirms to the building bye-laws and
grant permission to undertake construction or if the application does not confirm
to the building bye-laws reject such applications.
(3) The Corporation shall prescribe the conditions for the approval or
rejection of building bye-laws.
(4) While verifying an application sub-section (1) the Zonal Commissioner
may seek for such information necessary to process the application from officers of
the ward committees.
(5) The zonal commissioner may if necessary refer any application received
under sub-section (1) to the Chief Commissioner who shall determine in such
application in consultation with the Mayor or any other appropriate corporation
authority in accordance with the Act.
(6) The Zonal Commissioner shall process any application received under
sub-section (1) within such time periods as may be prescribed and in the event of
the zonal commissioner not communicating the decision on such application within
the prescribed time period the application shall be deemed to be approved:
Provided that, deemed approval shall not be accorded to those applications
referred to the Chief Commissioner under Sub-Section (4).
(7) Any approval for a building plan issued under this Section shall be
valid for a duration of five years upon which the person shall apply for permission
afresh.
(8) Any person who constructs in the absence of a sanctioned building
plan shall be required to pay such penalty as may be prescribed and apply for
sanction of the building plan in accordance with this Chapter.
(9) Any person who constructs a building not in accordance with the
sanctioned building plan, the Zonal Commissioner may direct such persons to
undertake such modification or alteration of the building to ensure conformity to
the sanctioned building plan
(10) The Zonal Commissioner or such officers authorized by him may
undertake such random physical scrutiny of buildings as necessary for the
purposes of enforcing the provisions of this Act.
(11) Notwithstanding anything contained in this Section the Zonal
Commissioner shall have the power to order for the stoppage of any construction
which in his opinion endangers the human life.
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1[240A. Levy of imposts, restriction and condition.-(1)The Chief
Commissioner may grant such permission to execute the work together with a site
plan of the land, ground plan, elevations and sections of the building subject to
such restrictions and conditions, as may be specified in the bye-laws or he may
refuse to grant such licence, subject to the conditions specified in section 244.
(2) 2[The Corporation]2 while fixing the rates for levy of fee or penalty shall
consider all the costs related to the issue and execution of the approval
as he may deem fit.
(3) The Chief Commissioner may for approving or sanctioning the plan or
grant of commencement certificate or completion certificate,-
(A) charge and levy the following fee at such rates based on the guidance value
fixed by the Department of Stamps and Registration under the provisions of
the Karnataka Stamp Act, 1957, namely:-
1[(a) fee for issuance of license at such rate not exceeding 0.30 percent of
guidance value of the vacant site under section 45B of the Karnataka
Stamp Act, 1957 (Karnataka Act 34 of 1957) multiplied by the proposed
built up area;
(b) fee for maintenance of public roads or storing of construction material in
public places during construction viz. ground rent at such rate not
exceeding 0.25 percent of guidance value of the vacant site under section
45B of the Karnataka Stamp Act, 1957 (Karnataka Act 34 of 1957)
multiplied by the proposed built up area;
(c) security deposit as specified in the zoning regulation for ensuring that
the construction is in accordance with the plan sanctioned;
(d) fee for commencement certificate at such rate not exceeding 0.20 percent
of guidance value of the vacant site under section 45B of the Karnataka
Stamp Act, 1957 (Karnataka Act 34 of 1957) multiplied by the proposed
plinth area;
(e) fee for completion certificate at such rate not exceeding 2[0.10 percent]2
of guidance value of the vacant site under section 45B of the Karnataka
Stamp Act, 1957 (Karnataka Act 34 of 1957) multiplied by the proposed
built up area;
(f) such other fee as specified by the Government from time to time under
this Act and the Karnataka Town and Country Planning Act, 1961
(Karnataka Act 11 of 1963) and the rules made there under;]1
(g) scrutiny fee at such rate not exceeding 0.10 percent of guidance value of
the vacant site under section 45B of the Karnataka Stamp Act, 1957
(Karnataka Act 34 of 1957) multiplied by the proposed built up area;
(h) penalty imposed at the time of issuance of completion certificate for not
obtaining commencement certificate at the commencement of the
construction at such rate not exceeding 0.25 percent of guidance value of
107
the vacant site under section 45B of the Karnataka Stamp Act, 1957
(Karnataka Act 34 of 1957) multiplied by constructed built up area;
(i) penalty for regularisation of violated or deviated portion of construction
up to the extent allowed under the Act at such rate not exceeding 35
percent of the guidance value of site under section 45B of the Karnataka
Stamp Act, 1957 (Karnataka Act 34 of 1957) for the violated portion; and
(j) such other fee as nay be specified by the Government from time to
time.]1
3[(k) the ceiling limits of fee and penalty for residential uses shall be 2/3rdthe
values specified in sub-clauses (a) to (j).]3
1. Substituted by the Act 37 of 2024 w.e.f. 11.01.2021.
2 Substituted by Act 34 of 2025 w.e.f. 15.04.2025
3. Inserted by Act 34 of 2025 w.e.f. 15.04.2025
(B) charge and levy any other deposit or fee or cess specified under any other
law in force.
240B. Power of the State Government to exempt or reduce fee levied or
charged or assessed.- (1)The State Government may, if in its opinion, it is
necessary in the public interest so to do, by notification and subject to such
restrictions and conditions and for such period as may be specified in the
notification, exempt or reduce either prospectively or retrospectively, the fee
payable under this Act for any Board or Corporation or Organization owned or
controlled by the Central Government or the State Government.
(2) The State Government may, by notification cancel or vary any notification
issued under sub-section (1).
(3) Where any restriction or condition specified under sub-section (1) is
contravened or is not observed by a person or a declaration furnished under sub-
section (1) is found to be wrong then such person shall be liable to pay by way of
penalty an amount equal to twice the difference between the fee payable at the
rates specified by or under the Act and the fee paid at the rates specified under the
notification on the consideration in respect of which such contravention or non-
observance has taken place or a wrong declaration is furnished:
Provided that, before taking action under sub-section (1), the person shall
be given a reasonable opportunity of being heard.
(4) For the removal of doubts it is hereby declared that, the levy of imposts,
assessment and collection of fee or penalty under the Act as amended by the
Karnataka Municipal Corporations and Certain Other Law (Amendment) Act, 2021
or any rules, notification, order, letter or guidelines shall be deemed to have always
been levied and collected as levy of imposts.
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240C. Validation of levy and collection of fees.- Notwithstanding
anything contained in any judgment, decree or order of any Court, Tribunal or
other authority to the contrary, levy, assessment and collection of any amount as
fee or penalty for sanctioning Building plan, Commencement Certificate, made or
purporting to have been made under section 240A, section 246 and any action
initiated or done, including any notices or orders issued or assessment made and
all proceedings held and any levy and collection of fee or amount purported to have
been collected by way of fee or penalty in relation to such levy, assessment or
collection, under the provisions of the Bruhat Bengaluru MahanagaraPalike Act,
2020 (Karnataka Act 53 of 2020) or any rules, notification, order, letter or
guidelines, before the commencement of the Karnataka Municipal Corporations
and Certain Other Law (Amendment) Act, 2021 shall be and shall be deemed to be
valid and effective for all purposes, as if such levy, assessment or collection or
action had been made, taken or done under the Bruhat Bengaluru
MahanagaraPalike Act, 2020 (Karnataka Act 53 of 2020) as amended by the
Karnataka Municipal Corporations and Certain Other Law (Amendment) Act, 2021
and accordingly,-
(a) all acts, proceedings or things done or any action taken by the
Government or the Bruhat Bengaluru MahanagaraPalike officers as the
case may be in connection with the levy, assessment or collection of any
amount as fee for all purposes be deemed to be and to have always been
made, done or taken in accordance with law;
(b) no suit or other proceeding shall be maintained or continued in any
Court or Tribunal or before any authority for the refund of any such fee;
and
(c) no Court shall enforce any decree or order directing the refund of any
such fee.]1
1. Inserted by Act 01 of 2022 w.e.f.11.01.2021.
241. Obligation to provide for rain water harvesting structure.- (1)
Every owner who proposes to construct a building on a sital area of not less than
108 square meter shall provide rain water harvesting structure for storage, for use
or for ground water recharge in such manner and subject to such conditions as
may be provided in the regulations and guidelines issued by the Corporation.
(2) Every owner who proposes to construct a building on sital area of not less
than 216 square metres or an owner or occupier of a building having sital area of
not less than 216 square metres, shall provide rainwater harvesting structure for
storage, for use and for ground water recharge subject to such conditions as may
be specified in the regulations and guidelines issued by the Corporation.
(3) Every owner who proposes to construct a building on sital area of not less
than 1000 square meter or a owner of a building having sital area of not less than
109
1000 square meter who has not provided rain water harvesting structure before the
commencement of this Act shall provide dual piping system and rain water
harvesting structure for storage and reuse based on roof area and ground water
recharge based on paved and unpaved areas in such manner and subject to such
conditions as may be specified in the regulations and guidelines issued by the
Corporation.
Explanation.- For the purpose of this section,-
(a) “rain water harvesting” means collection and storage of rain water from
roof top of a building or from a vacant land for use or for ground water
recharge; and
(b) “ground water recharge” means recharging of open well or the bore well
or the underground water as the case may be, by use of harvested rain
water.
242. Application to construct or re-construct building.- (1) If any
person intends to construct or re-construct a building, he shall send to the Zonal
Commissioner an application in writing for permission to execute the work together
with a site plan of the land, ground-plan, elevations and sections of the building, a
specification of the work and such other documents as may be prescribed.
Explanation.- 'Building' in this sub-section shall include a wall or fence of
whatever height bounding or abutting on any public street.
(2) Every document furnished under sub-section (1) shall contain such
particulars and be prepared in such manner as may be required under rules or
bye-laws.
243. Period within which the Zonal Commissioner is to grant or refuse
to grant permission to execute work.- (1) Within thirty days after the receipt of
any application made under section 242 for permission to execute any work or of
any information or of documents or further information or documents required
under rules or bye-laws the Zonal Commissioner shall, by written order, either
grant such permission or refuse on one or more of the grounds mentioned in
section 244 or section 245, to grant it.
(2) If the Zonal Commissioner has not within the said period of thirty days
passed any order, the applicant may address a letter to the Chief Commissioner by
name, requesting him to pass necessary orders on his application, and the Chief
Commissioner shall, within a further period of thirty days from the date of receipt
of such letter, by written order, either grant such permission or refuse, on one or
more of the grounds mentioned in section 244 or section 245, to grant it.
244. Grounds on which approval of site for, or permission to construct
building, may be refused.- (1) The only grounds on which approval of a site for the
construction or re-construction of a building or permission to construct or re-
construct a building may be refused, are the following, namely:-
(a) that the work or the use of the site for the work or any of the particulars
comprised in the site plan, ground-plan, elevations, sections, or
specification would contravene some specified provisions of any law or
some specified order, rule, declaration or bye-law made under any law;
(b) that the application for such permission does not contain the
particulars or is not prepared in the manner required under rules or
bye-laws;
110
(c) that any of the documents referred to in section 242 have not been
signed as required under rules or bye-laws;
(d) that any information or documents required by the Zonal Commissioner
under the rules or bye-laws has or have not been duly furnished;
(e) that streets or roads have not been made as required by section 216;
(f) that the proposed building would be an encroachment upon
Government or corporation land;
(g) that the site of such building does not abut on a street or a projected
street and there is no access to such building from any such street by a
passage or pathway appertaining to such site and not less than five
meters wide at any part.
(2) Whenever the Zonal Commissioner or the standing committee refuses to
approve a site for a building or to grant permission to construct or re-construct a
building the reasons for such refusal shall be specifically stated in the order.
245. Restriction on the power to sanction construction of a place of
entertainment in certain cases.- Notwithstanding anything contained in this Act
or any rule or bye-law made thereunder, the construction of, or any addition to any
building of public entertainment or any addition thereto, shall not, except with the
previous approval of the Government, be sanctioned by the Zonal Commissioner or
the standing committee, if the site of, or proposed site for, such building is,-
(a) within a radius of two hundred meters from,-
(i) any residential institution attached to a recongnised educational
institution such as a college, high school or girls school; or
(ii) a public hospital with a large indoor patient ward; or
(iii) an orphanage containing one hundred or more inmates; or
(b) in any thickly populated residential area which is either exclusively
residential or reserved or used generally for residential as
distinguished from business purposes; or
(c) in any area reserved for residential purposes by any housing or
planning scheme
or otherwise under any enactment:
Provided that no permission to construct any building intended to be used
for cinematograph exhibition shall be given unless the standing committee is
satisfied that sanction to the plans and specifications have been obtained in
accordance with the Karnataka Cinemas (Regulation) Act, 1964 (Karnataka Act 23
of 1964) and the rules made thereunder .
246. Grant of completion certificate.-(1) Every person who has
constructed a building in accordance with the provisions of this Chapter shall
apply for a completion certificate to the Zonal Commissioner within one month
from the date of completion of such construction.
(2) Any application for completion certificate shall be certified by an
empanelled architect who shall certify that the building has been constructed in
accordance with the sanctioned building plan:
Provided that, if an empanelled architect certifies a building which is not in
conformity with the building bye-laws, the Corporation may upon hearing the
concerned architect levy such penalty as may be prescribed.
(3) The Zonal Commissioner upon receiving an application for grant of
completion certificate may grant the completion certificate or the Corporation may
111
undertake such physical inspection of the building, as necessary, and grant or
reject the application for completion certificate.
No person shall occupy the building in the absence of a completion
certificate.
247. Application of provisions to alterations and additions.- (1) The
provisions of this Chapter and of any rules or bye-laws made under this Act
relating to construction and re-construction of the buildings shall also be
applicable to any alteration thereof or addition thereto:
Provided that works of necessary repair which do not affect the
position or dimensions of a building or any room in a building therein shall not be
deemed an alteration or addition for the purpose of this section.
(2) If any question arises as to whether any addition or alteration is a
necessary repair not affecting the position or dimensions of a building or room in a
building therein, such question shall be referred to the standing committee, whose
decision shall be final.
248. Demolition or alteration of buildings or well work unlawfully
commenced, carried on or completed.- (1) If the Zonal Commissioner is
satisfied,-
(i) that the construction or re-construction of any building or hut or well,-
(a) has been commenced without obtaining his permission or where an
appeal or reference has been made to the standing committee, in
contravention of any order passed by the standing committee; or
(b) is being carried on, or has been completed otherwise than in
accordance with the plans or particulars on which such permission or
order was based; or
(c) is being carried on, or has been completed in breach of any of the
provisions of this Act or of any rule or bye-law made under this Act or
of any direction or requisition lawfully given or made under this Act or
such rules or bye-laws; or
(ii) that any alteration required by any notice issued under section
308, have not been duly made; or
(iii) that any alteration of or addition to any building or hut or any
other work made or done for any purpose into, or upon any
building or hut, has been commenced or is being carried on or has
been completed in breach of section 247, he may make a
provisional order requiring the owner of the building to demolish
the work done, or so much of it as, in the opinion of the Zonal
Commissioner, has been unlawfully executed, or make such
alterations as may, in the opinion of the Zonal Commissioner, be
necessary to bring the work into conformity with the Act, rules,
bye-laws, directions or requisitions as aforesaid, or with the plans
or particulars on which such permission or orders was based and
may also direct that until the said order is complied with the
owner or builder shall refrain from proceeding with the building or
well or hut.
(2) The Zonal Commissioner shall serve a copy of the provisional order made
under sub-section (1) on the owner or builder of the building or hut or well together
112
with a notice requiring him to show cause within a reasonable time to be named in
such notice why the order should not be confirmed.
(3) If the owner or builder fails to show cause to the satisfaction of the Zonal
Commissioner, the Zonal Commissioner may confirm the order, with any
modification he may think fit and such order shall then be binding on the owner.
(4) If the construction or reconstruction of any building or hut is commenced
contrary to the provisions of section 240 and the Zonal Commissioner is of the
opinion that immediate action should be taken, then, notwithstanding anything
contained in this Act, a notice to be given under sub-section (2) shall not be of less
duration than twenty-four hours and shall be deemed to be duly served if it is
affixed in some conspicuous part of the building or hut to which the notice relates
and published by proclamation at or near such building accompanied by beat of
drum, and upon such affixation and publication, all persons concerned shall be
deemed, to have been duly informed of the matters stated therein.
1[(5) It shall be lawful for the Zonal Commissioner, at any time, before or
after making an order of demolition or of the stoppage of the construction or
erection of any building or execution of any work, to make an order directing the
sealing of such construction or erection or work or of the premises in which such
erection or work is being carried on or has been completed, for the purpose of
carrying out the provisions of this Act, for preventing from using such construction
or erection.
(6) Where any erection or work or any premises in which any erection or
work is being carried on, has or have been sealed, the Zonal Commissioner may, for
the purpose of demolishing such erection or work in accordance with the provision
of this Act, order directing the sealing of such construction or erection of any work
to be removed;
(i) No person shall remove such seal except under an order made by the
Zonal Commissioner; and
(ii) Notwithstanding anything contained in this Chapter,no appeal shall lie
against such an order of sealing.]1
1. Inserted by Act 34 of 2025 w.e.f. 15.04.2025
249. Regularisation of certain unlawful buildings.- (1) Notwithstanding
anything contained in this Act, when construction of any building is completed in
contravention of the section 240, section 245 and building by laws made under
section 239, the Zonal Commissioner may regularise building constructed prior to
the date of commencement of the Karnataka Town and Country Planning and
certain other Laws (Amendment) Act, 2013 subject to the following restrictions and
such rules as may be prescribed and on payment of the amount specified in sub-
section (2), namely:-
(a) Where the building is built abutting the neighbouring property or
where the set back provided is less than the limit prescribed in bye
laws, violation upto twenty-five percent in case of non-residential
buildings and fifty percent in case of residential buildings shall be
regularized.
113
(b) No development made in the basement or usage in contravention of
bye law shall be regularized.
(c) The construction of building shall not be regularised if it violates the
building line specified on any given road unless the owners of such
building furnish an undertaking that the space between the building
line and the road or footpath or margin will be given up free of cost at
any time when required for the purpose of widening the road in
question.
(d) The provisions of sub-sections (2) to (14) of section 76 FF of the
Karnataka Town and Country Planning Act, 1961, shall apply mutatis
mutandis for regularization of building under this section and
application for regularization being made to the Zonal Commissioner.
(2) Regularisation of any construction under this section shall be subject to
payment of the prescribed amount which may be different for different types of
contravention of building bye-laws:
Provided that the amount so prescribed shall not be less than,-
(i) six percent of the market value, determined in accordance with the
Karnataka Stamp Act, 1957 and rules made thereunder, of the
portion of the building built in violation of the provisions referred
to above, if such violation of set back norms and permissible floor
area ratio does not exceed twenty five percent;
(ii) eight percent of the market value, determined in accordance with
the Karnataka Stamp Act, 1957 and the rules made thereunder, of
the portion of the building built in violation of the provisions
referred to above, if such violation of set back norms and
permissible floor area ratio exceeds twenty five percent but does
not exceed fifty percent:
Provided further that where the portion of the building is built in
violation of the provisions referred to above is being used or meant for non-
residential purpose and amount payable for regularization of such portion shall
be,-
(a) twenty percent of the market value, determined in accordance with
the Karnataka Stamp Act, 1957 and the rules made thereunder, of
the portion of the building built in violation of the provisions referred
to above, if such violation of set back norms and permissible floor
area ratio does not exceed twelve and a half percent;
(b) thirty five percent of the market value, determined in accordance with
the Karnataka Stamp Act, 1957 and the rules made thereunder, of
the portion of the building built in violation of the provisions referred
to above, if such violation of set back norms and permissible floor
area ratio exceeds twelve and a half percent but does not exceed
twenty five percent.
(3) No person shall be liable to pay fine or fee for regularization under any
other law if he has paid regularization fee under this Act for the same violations.
(4) All payments made under sub-section (1) shall be credited to a separate
fund kept in the concerned Local/Planning Authority called the urban areas
114
infrastructure Development fund which shall be utilized in such manner, for the
development of infrastructure, civic amenities, lighting, parks, drinking water,
drainage system and for any other infrastructure, as may be prescribed.
1[249A. Exercise of powers by a corporation to be in conformity with
the provisions of the Karnataka Town and Country Planning Act, 1961.-
Notwithstanding anything contained in this Act, a corporation or any officer or
other authority required by or under this Act to exercise any power, or perform any
function or discharge any duty,-
(i) with regard to any matter relating to land use or development as defined
in the Explanation to section 14 of the Karnataka Town and Country Planning Act,
1961, shall exercise such power, or perform such function or discharge such duty
with regard to such land use or development plan or where there is no development
plan, with the concurrence of the Planning Authority;
(ii) shall not grant any permission, approval or sanction required by or under
this Act to any person if it relates to any matter in respect of which compliance with
the provisions of the Karnataka Town and Country Planning Act, 1961 is necessary
unless evidence in support of having complied with the provisions of the said Act is
produced by such person to the satisfaction of the corporation or the officer or
other authority, as the case may be.]1
1. Inserted by Act 17 of 2024 w.e.f. 07.03.2024
250. Power of corporation to regulate future construction of certain
classes of buildings in particular streets or localities.- (1) The corporation may
give public notice of its intention to declare,-
(a) that in any streets or portions of streets specified in the notice,-
(i) continuous building will be allowed;
(ii) the elevation and construction of the frontage of all
buildings thereafter constructed or reconstructed shall, in
respect of their architectural features be such as the
standing committee may consider suitable to the locality, or
(b) that in any localities specified in the notice the construction of
only
detached buildings will be allowed, or
(c) that in any streets, portions of streets of localities specified in the
notice, the construction of shops, warehouses, factories, huts or
buildings of a specified architectural character or buildings
designed for particular uses will not be allowed without the
special permission of the standing committee.
(2) No objections to any such declaration shall be received after a period of
three months from the publication of such notice.
(3) The standing committee shall consider all objections received within the
said period and may then confirm the declaration, and before doing so, may modify
it, but not so as to extend its effect.
115
(4) The Zonal Commissioner shall publish any declaration so confirmed and
it shall take effect from the date of publication.
(5) No person shall, after the date of publication of such declaration,
construct or reconstruct any building in contravention of any such declaration.
251. Building at corner of streets.- (1) The corporation may require any
building intended to be erected at the corner of two streets to be rounded off or
displayed off to such height and to such extent otherwise as it may determine, and
may acquire such portion of the site at the corner as it may consider necessary for
public convenience or amenity.
(2) For any land so acquired the corporation shall pay compensation in
accordance with the Right to Fair Compensation and Transparency in land
Acquisition, Rehabilitation and Resettlement Act, 2013 (Central Act 30 of 2013).
(3) In determining such compensation allowance shall be made for any
benefit accruing to the same premises from the improvement of the streets.
252. Penalty against jurisdictional officer failing to prevent
unauthorised deviations or constructions.-The jurisdictional officer who is
proved to have failed to prevent unauthorized deviation or construction that have
taken place in his jurisdiction shall be liable for such punishment as may be
prescribed.
253. Appeal against the decisions of the zonal commissioner.-(1)Any
person aggrieved by the decision of the Zonal Commissioner under this Chapter
shall, within thirty days from the date of receipt of such decision, appeal to the
Chief Commissioner whose decision shall be final.
(2) The Chief Commissioner shall decide any matters referred to it under
sub-section (1) within sixty days.
CHAPTER XVII
NUISANCE
254. Prohibition of nuisance.-(1)No person shall commit any nuisance in
any public street or public place, or
(a) unauthorizedly affix upon any building, monument, post, wall, fence,
tree or any other public place, any bill, notice or other document, or
(b) unauthorizedly deface, or write upon, or otherwise mark on a building,
monument, post, wall, fence, tree or any other public place,
(c) carry rubbish, filth or other polluted and obnoxious matter along any
route in contravention of any prohibition made in this behalf by the
Zonal Commissioner by notice, or
(d) bury or cremate or otherwise dispose of any corpse at a place not
licensed for the purpose, or
(e) quarry, blast, cut timber or carry on building operations causing, or
likely to cause danger to persons passing by, or dwelling or working, in
the neighbourhood,
(f) disturb public peace or order in violation of sound pollution control
order, if any, or
(g) cause pollution of air in violation of an air pollution control order, if
any, or
(h) cause obstruction to the movement of vehicular or pedestrian traffic
without permission from the competent authority.
(2) Where the Zonal Commissioner or the officer authorised in this
behalf, is of the opinion that there is a nuisance as per sub-section (1) on any land
or building she may, by notice, in writing, require the person by whose act, default
116
or sufferance the nuisance arises or continues or all of the owners, lessees or
occupiers of such land or building to remove or abate the nuisance by taking such
measures, in such manner, and within such period, as may be specified in the
notice in accordance, wherever applicable, with the provision of the Karnataka
Open Places(Prevention of Disfigurement) Act, 1981 (Karnataka Act No 35 of
1982).
(3) Where the Zonal Commissioner or the officer authorised in this behalf, is
of the opinion that immediate, removal of any nuisance as per sub-section(1)
continuing on any land or building in contravention of the provisions of this Act is
necessary, she may, for reasons to be recorded in writing, cause such nuisance to
be removed forthwith in accordance, wherever applicable, with the provision of the
Karnataka Open Places(Prevention of Disfigurement) Act, 1981.
(4) Any person or group of persons who fails to comply with any order
under this section shall be liable to a penalty as prescribed or in accordance
wherever applicable, with the provision of the Karnataka Open Places (Prevention of
Disfigurement) Act, 1981 (Karnataka Act No 35 of 1982).
255. Control of pollution and polluter pays principle.-(1)Subject to the
provisions of any law relating to air, water or noise pollution, for the time being in
force and in accordance with any notification by the State Government in that
behalf, the Corporation may function as a competent authority for the enforcement
of such law.
(2) The Corporation may, by regulation, provide for recovery of charges and
imposition of penalty on those persons who are directly responsible for causing
pollution of any kind referred to in this chapter.
256. Precautions in case of dangerous structures.- (1) If any structure
be deemed by the Chief Commissioner to be in a ruinous state or dangerous to
passers by or to the occupiers of neighbouring structures, the Chief Commissioner
may, by notice require the owner or occupier to fence off, take down, secure or
repair such structure so as to prevent any danger therefrom.
(2) If immediate action is necessary, the Chief commissioner may himself,
before giving such notice or before the period of notice expires, fence off, take down,
secure or repair such structure or fence off a part of any street or take such
temporary measures as he thinks fit to prevent danger and the cost of doing so
shall be recoverable from the owner or occupier as arrears of land revenue.
(3) If in the Chief Commissioner's opinion the said structure is imminently
dangerous to the inmates thereof, the Chief Commissioner shall order the
immediate evacuation thereof and any persons disobeying may be removed by any
police officer.
257. Precautions in case of dangerous trees.- (1) If any tree or any
branch of a tree or the fruit of any tree be deemed by the Chief Commissioner to be
likely to fall and thereby to endanger any person or any structure, the Chief
Commissioner may by notice require the owner of the said tree to secure, lop or cut
down the said tree or remove the fruit so as to prevent any danger therefrom.
(2) If immediate action is necessary, the Chief Commissioner may himself
before giving such notice or before the period of notice expires secure, lop or cut
down the said tree or remove the fruit thereof or fence off a part of any street or to
take such temporary measure, as he thinks fit to prevent danger, and the cost of so
doing shall be recoverable from the owner of the tree as arrears of land revenue.
258. Precautions in case of dangerous tanks, wells, holes etc.- (1) If any
tank, pond, well, hole, stream, dam, bank or other place be deemed by the Chief
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Commissioner to be for want of sufficient repair, protection or enclosure, dangerous
to the passers by or to persons living in the neighbourhood, the Chief
Commissioner may by notice require the owner to fill in, remove, repair, protect or
enclose the same so as to prevent any danger therefrom.
(2) If immediate action is necessary the Chief Commissioner may himself,
before giving such notice or before the period of notice expires, take such temporary
measures as hethinks fit to prevent danger and the cost of doing so shall be
recoverable from the owner as arrears of land revenue.
259. Precautions against fire.- (1) The Chief Commissioner may by notice
require the owner of any structure, booth or tent, partly or entirely composed of or
having any external roof, verandah, pendal, fence, or wall partly or entirely
composed of cloth, grass, leaves, mats or other inflammable materials to remove or
alter such structure, booth, tent, roof, verandah, pendal, fence or wall, or may
grant him permission to retain the same on such conditions as the Chief
Commissioner may think necessary to prevent danger from fire.
(2) The Chief Commissioner may by notice require any person using any
place for the storage for private use of timber firewood or other combustible things
to take special steps to guard against danger from fire.
(3) Where the Chief Commissioner is of opinion that the means of egress
from any structure are insufficient to allow of safe exit in the event of fire, he may
with the sanction of the standing committee by notice require the owner or occupier
of the structure to alter or reconstruct any staircase in such manner or to provide
such additional or emergency staircases as he may direct; and when any structure,
booth or tent is used for purposes of public entertainment, he may require, subject
to such sanction as aforesaid, that it shall be provided with an adequate number of
clearly indicated exits so placed and maintained as readily to afford the audience
ample means of safe egress, that the seating be so arranged as not interfere with
free access to the exits and that the gangways, passage and staircases leading to
the exits shall, during the presence of the public, be kept clear of obstructions.
260. Removal of filth or noxious vegetation.- The Chief Commissioner
may by notice require the owner or occupier of any building or land (which appears
to him to be in a filthy or unwholesome state or overgrown with any thick or
noxious vegetation, trees or undergrowth injurious to health or offensive to the
neighbourhood), to cleanse, clear or otherwise put the building or land in proper
state or to clear away and remove such vegetation, trees or under growth within
twenty four hours or such longer period and in such manner as may be specified in
the notice.
261. Abatement of nuisance from dust, smoke, etc.- If in the opinion of
the Chief Commissioner the storage, dumping or deposit in any building or land of
coal, charcoal, ashes, cinders, gunny bags, wool cotton or any material of the
shifting, breaking, cutting or burning of such coal charcoal, ashes, cinders or
material or subjecting the same to any process causes or is likely to cause nuisance
to the inhabitants in the neighbourhood of such building or land, by the emanation
of dust, floating particles, smoke, unwholesome smell or noise or otherwise, he
may, by notice, require the owner or occupier of such building of land to take such
steps as may be specified in the notice for the abatement of such nuisance.
262. Fencing of buildings or lands and pruning of hedges and trees.-
The Chief Commissioner may by notice require the owner or occupier of any
building or land near a public street to,-
(a) fence the same to the satisfaction of the Chief Commissioner; or
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(b) trim or prune any hedges bordering on the said street so that they may
not exceed such height from the level of the adjoining roadway as the
Chief Commissioner may determine; or
(c) cut and trim any hedges and trees overhanging the said street and
obstructing it or the view of traffic or causing it damage; or
(d) lower an enclosing wall or fence which by reason of its height and
situation obstructs the view of traffic so as to cause danger.
263. Building unfit for human habitation.- (1) If any building or portion
thereof, intended for or used as a dwelling-place appears to the Chief
Commissioner to be unfit for human habitation he may apply to the standing
committee to prohibit the further use of such building for such purpose, and the
standing committee may, after giving the owner and occupiers thereof a reasonable
opportunity of showing cause why such order should not be made, make a
prohibitory order as aforesaid.
(2) When any such prohibitory order has been made, the Chief
Commissioner shall communicate the purport thereof to the owner and occupier of
the building and on expiry of such period as is specified in the notice, not being
less than thirty days after the service of the notice, no owner or occupier shall use
or suffer it to be used for human habitation until the Chief Commissioner certifies
in writing that the causes rendering it unfit for human habitation have been
removed to his satisfaction or the standing committee withdraws the prohibition.
(3) When such prohibitory order has remained in operation for three months,
the Chief Commissioner shall report the case to the standing committee which
shall thereupon consider whether the building should not be demolished. The
standing committee shall give the owner not less than thirty days' notice of the time
and place at which the question will be considered and the owner shall be entitled
to be heard when the question is taken into consideration.
(4) If upon such consideration the standing committee is of opinion that the
building has not been rendered fit for human habitation and that steps are not
being taken with due diligence to render it so fit and that the continuance thereof is
a nuisance or dangerous or injurious to the health of the public or to the
inhabitants of the neighbourhood, it shall record a decision, to that effect with the
grounds of the decision, and the Chief Commissioner shall, in pursuance of the
said decision by notice, require the owner to demolish the building.
(5) If the owner undertakes to execute forthwith the works necessary to
render the building fit for human habitation and the Chief Commissioner considers
that it can be so made fit, the Chief Commissioner may postpone the execution of
the decision of the standing committee, for such time not exceeding six months, as
he thinks sufficient for the purpose of giving the owner an opportunity of executing
the necessary works.
264. Limitation of compensation.- No person shall be entitled, save as
provided in section 283, to compensation for any damages sustained by reason of
any action taken by a Corporation authority in pursuance of its powers under this
chapter.
CHAPTER XVIII
PUBLIC HEALTH
265. Duties of the Corporation with respect to public health.-It shall be
the duty of the Corporation, or any other agency authorized by it in this behalf, to
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take adequate measures on the subject of public health including inspection,
supervision, regulation, and control of premises to ensure proper sanitation,
prevent the spread of dangerous diseases and undertake such measures necessary
to maintain the necessary standards of public health.
266. Corporation’s power to order or undertake sanitation of buildings
or sites.-(1)Subject to such regulations as may be made in this behalf, the Zonal
Commissioner or any other officer authorised in this behalf may, either on her own
or through any other agency or officer authorized by him in this behalf –
(a) cause any building or other premises to be inspected for the purpose of
ascertaining the sanitary conditions thereof,
(b) require the owner or the occupier of any land or building or any part
thereof to cleanse it, if it appears necessary so to do for reasons of
sanitation,
(c) issue such order as she deems necessary for the improvement of any
unsanitary premises which are likely to cause risk of disease to the
inmates of such premises or to the inhabitants of the neighbourhood or
are, for any reason, likely to endanger community health or safety,
(d) by notice, prohibit the owner or the occupier from the use of any
building, or any room in a building, which appears to him to be unfit
for human habitation, as dwelling,
(e) direct the filling up of any well, pool, ditch, tank, pond, pit or undrained
ground, cistern, or reservoir of any waste or stagnant water, which
appears to her to be, or likely to become, injurious to health or offensive
to the neighbourhood,
(f) by notice, require the owner or person having control over any private
water course, spring, tank, well or other place the water of which is
used for drinking, bathing or washing clothes to keep the same in good
repair, to cleanse it in such manner to protect it from pollution,
(g) by notice, direct the owner or occupier to cleanse of any building or
land, which appears to her, or likely to become, which if left unattended
would be injurious to public health. njurious to health or offensive to
the neighbourhood.
(2) Where the Zonal Commissioner or the officer authorised in this
behalf, is of the opinion that there is a threat to health or safety on any land or
building, he may, by notice, in writing, require the person by whose act, default or
sufferance said threat arises or continues or all of the owners, lessees or occupiers
of such land or building to remove or abate the same by taking such measures, in
such manner, and within such period, as may be specified in the notice.
(3) If immediate action is necessary, the Zonal Commissioner may
himself before giving such notice or before the period of notice expires secure, take
such measures, as he thinks fit to prevent the threat to health or safety, and the
cost of so doing shall be recoverable from the owner or occupier of the building or
land in the manner specified in the bye-laws.
267. Power to notify dangerous Diseases.-(1) On notification of the
Corporation of the existence of any dangerous disease in any public or private
dwelling in the corporation area, the Zonal Commissioner may undertake such
measures as necessary for the prevention of the dangerous disease
(2) The Zonal Commissioner, or any officer authorised in this behalf, if it
appears reasonable to him inspect any place in which any dangerous disease is
reported or suspected to exist and take such measures as he may think fit to
prevent the spread of such disease beyond such place.
(3) In the event of prevalence of a dangerous disease within a corporation
area, the Zonal Commissioner may, by notice, require the owner or occupier of any
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building or site used for the purpose of public entertainment to be closed for such
period as it may deem necessary.
268. Disinfection of buildings and articles;- (1) If the Zonal
Commissioner or health officer is of opinion that the cleansing or disinfecting of a
building or of any part thereof, or of any article therein, which is likely to retain
infection, will tend to prevent or check the spread of any dangerous disease, he
may by notice, require the owner or occupier to cleanse or disinfect the same, in
the manner and within the time specified in such notice.
(2) The owner or occupier shall, within the time specified as aforesaid,
comply with the terms of the notice.
(3) If the Zonal Commissioner or health officer considers that immediate
action is necessary, or that the owner or occupier is, by reason of poverty or
otherwise, unable effectually to comply with his requisition, the Zonal
Commissioner or health officer may himself without notice cause such buildings, or
article to be cleansed or disinfected, and for this purpose may cause such article to
be removed from the building or premises; and the expenses incurred by the Zonal
Commissioner or health officer shall be recoverable from the said owner or
occupier.
269. Provision of places for disinfection and power to destroy infected
articles (1) The Zonal Commissioner may,-
(a) provide proper places with all necessary attendants and apparatus for
the disinfection of conveyances, clothing, bedding or other articles,
which have been exposed to infection from any dangerous disease; and
(b) cause conveyances, clothing, bedding or other articles brought for
disinfection to be disinfected free of charge, or subject to such charges,
as may be approved by the standing committee.
(2) The Zonal Commissioner shall notify places at which conveyance,
clothing, bedding or other articles which have been exposed to infection from any
dangerous disease shall be washed and disinfected and no person shall wash or
disinfect any such article at any place not so notified.
(3) The Zonal Commissioner may direct any clothing, bedding or other article
likely to retain infection from any dangerous disease to be disinfected or destroyed.
270. Power to order closure of places of public entertainment.- In the
event of prevalence of any dangerous disease within the city, the Chief
Commissioner may, with the sanction of the standing committee, by notice require
the owner or occupier of any building, booth or tent used for purposes of public
entertainment to close the same for such period as may be fixed by the standing
committee.
271. Prohibition against transfer of infected articles.- No person shall,
without previously disinfecting it, give, lend, let, hire, sell, transmit or otherwise
dispose of, any article which he knows or has reason to know has been exposed to
infection from any dangerous disease:
Provided that nothing in this section shall apply to a person who transmits
with proper precautions any article for the purpose of having it disinfected.
272. Prohibition against infected person carrying on occupation.- If
any person knows or has been certified by the health officer or a registered medical
practitioner in the service of the Government or the corporation that he is suffering
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from a dangerous disease he shall not engage in any occupation or carry on trade
or business unless he can do so without risk of spreading the disease.
273. Prohibition against diseased person entering public conveyance.-
(1) No person who is suffering from any dangerous disease shall enter a public
conveyance without previously notifying to the owner or driver or person in charge
of such conveyance that he is so suffering.
(2) No owner or driver or person in charge of a public conveyance shall be
bound to convey any person suffering as aforesaid, unless and until the said
person pays or tenders a sum sufficient to cover any loss and costs that may be
incurred in disinfecting such conveyance.
(3) A court convicting any person of contravening sub-section (1) may levy, in
addition to the penalty for the offence provided in this Act, such amount as the
court deems sufficient to cover the loss and costs which the owner or driver must
incur for the purpose of disinfecting the conveyance. The amount so imposed shall
be awarded by the court to the owner or driver of the conveyance: Provided that in
a case which is subject to appeal, such amount shall not be paid to the owner or
driver before the period allowed for presenting the appeal has elapsed or if an
appeal is presented, before the decision of the appeal.
(4) At the time of awarding compensation in any subsequent civil suit
relating to the same matter, the court shall take into account any sum which the
plaintiff shall have received under this section.
274. Disinfection of public conveyance after carriage of patients.- (1)
The owner, driver or person in charge of any public conveyance in which any
person suffering from a dangerous disease has been carried, shall forthwith
disinfect the conveyance or cause it to be disinfected.
(2) No such conveyance shall be used until the health officer or some person
authorised by him in this behalf has granted a certificate stating that it may be
used without causing risk of infection.
275. Letting of infected building.- (1) No person shall let or sub-let or for
that purpose allow any person to enter a building or any part of a building in which
he knows or has reason to know that a person has been suffering from a dangerous
disease until the health officer has granted a certificate that such building may be
re-occupied.
(2) For the purpose of sub-section (1), the keeper of a hotel or lodging house
shall be deemed to let the same or part of the same to any person accommodated
therein.
276. Minor suffering from dangerous disease not to attend school.- No
person being the parent or having the care of charge of a minor who is or has been
suffering form a dangerous disease or has been exposed to infection there from
shall, after a notice from the health officer that the minor is not to be sent to school
or college, permit such minor to attend school or college without having procured
from the health officer a certificate (which shall be granted free of charge on
application) that in his opinion such minor may attend without undue risk of
communicating such disease to others.
277. Provision as to library books.- (1) No person who is suffering from
an infectious disease shall take any book or use or cause any book to be taken for
his use from or in any public or circulating library.
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(2) A person shall not permit any book which has been taken from a public
or circulating library, and is under his control, to be used by any person whom he
knows to be suffering from an infectious disease.
(3) A person shall not return to any public or circulating library any book
which he knows to have been exposed to infection from any infectious disease, or
permit any such book which is under his control to be so returned, but shall give
notice to the Chief Commissioner that the book has been so exposed to infection
and the Chief Commissioner shall cause the book to be disinfected and returned to
the library, or to be destroyed.
(4) The Chief Commissioner shall pay to the proprietor of the concerned
library the value of any book destroyed. Explanation.- For the purposes of this
section the Commissioner shall from time to time notify what diseases are to be
deemed infectious.
278. Power to prohibit use of water likely to spread infection.- If the
health officer certifies that the water in any well, tank or other place within the
limits of the city is likely, if used for drinking, to endanger or cause the spread of
any dangerous disease, the Chief Commissioner may, by public notice, prohibit the
removal or use of such water for drinking and domestic purposes during a specified
period.
279. Compulsory vaccination.- The corporation shall enforce vaccination
throughout the city in such manner as may be prescribed and it may enforce
vaccination throughout the city or in any part thereof, in respect of such person, to
such extent and in such manner as may be prescribed.
280. Obligation to give information of dangerous disease.- Where an
inmate of any dwelling place within the city is suffering from dangerous disease,
the head of the family to which the inmate belongs and, on his default, the occupier
or person in charge of such place, shall inform the Chief Commissioner, the health
officer or the sanitary inspector of the division with the least practicable delay.
281. Prohibition to enter the city.- No person who has a dangerous
disease shall enter the city from the date notified by the Chief Commissioner
without a certificate from a medical practitioner of such class as the Chief
Commissioner may authorise stating that such person is no longer likely to
produce dangerous disease by contact or near approach.
282. Power to stop dangerous quarrying.- If in the opinion of the Chief
Commissioner, the working of any quarry, or the removal of stone, earth or other
materials from any place is dangerous to persons residing in or having legal access
to the neighbourhood thereof or creates or is likely to create a nuisance, the Chief
Commissioner, may, with the approval of the standing committee, by notice,
require the owner or person having control of the said quarry or place to
discontinue working the same or to discontinue removing stone, earth or other
material from such place or to take such order with such quarry or place, as he
shall deem necessary for the purpose of preventing danger or of abating the
nuisance arising or likely to arise therefrom.
283. Power to order filling in pools, etc., which are a nuisance and
regulation of agriculture within the city.- (1) If in the opinion of the Chief
Commissioner,-
(a) any pool, ditch, tank, well, pond, bog, swamp, quarry-hole, drain, cess-
pool, pit, water-course or any collection of water; or
(b) any land on which water may at any time accumulate, is or is
likely to become a breeding-place of mosquitoes or in any other respect
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a nuisance, the Chief Commissioner may, by notice, require the owner
or person having control thereof to fill up, cover, weed, stock with
weed, stock with larvicidal fish, treat with kerosene oil, or drain off the
same in such manner and with such materials as the Chief
Commissioner shall direct or to take such order with the same for
removing or abating the nuisance as the Chief Commissioner shall
direct.
(2) If a person on whom a requisition is made under sub section (1) to fill
up, cover over, or drain off a well, delivers to the Chief Commissioner, within the
time fixed for compliance therewith written objections to such requisition the Chief
Commissioner shall report such objections to the standing committee and shall
make further inquiry into the case, and he shall not institute any prosecution for
failure to comply with such requisition except with the approval of the standing
committee, but the Chief Commissioner may nevertheless, if he deems the
execution of the work called for by such requisition to be of urgent importance,
proceed in accordance with section 356 and pending the standing committee's
disposal of the question whether the said well shall be permanently filled up,
covered over or otherwise dealt with, may cause such well to be securely covered
over, so as to prevent the ingress of mosquitoes and in every such case the Chief
Commissioner shall determine with the approval of the standing committee,
whether the expenses of any work already done as aforesaid shall be paid by the
owner or by the Chief Commissioner out of the corporation fund or shall be shared
and if so, in what proportions.
(3) On the report of the health officer that the cultivation of any specified
crop, or the use of any specified manure or the irrigation of land in any place within
the limits of the city is injurious to the public health, the corporation may, with the
previous sanction of the Government by public notice, regulate or prohibit the
cultivation, use of manure or irrigation so reported to be injurious:
Provided that when such cultivation or irrigation has been practised during
the five years preceding the date of such public notice with such continuity as the
ordinary course of husbandry admits of, compensation shall be paid from the
corporation fund to all persons interested for any damage caused to them by such
prohibition.
CHAPTER XIX
DISASTER MANAGEMENT
284. Management of disasters.-(1) The Corporation shall, assist the
concerned authorities of the Central Government or the State Government
established for the prevention or management of any natural calamity in such
manner as it may be directed to do so.
(2) Subject to any law of the State Legislature or the Parliament, the
Corporation shall undertake all measures necessary while performing its regulatory
and supervisory functions under this Act to mitigate any risk of natural or
technological calamity
(3) The Corporation shall prepare a Fire Hazard Response and Mitigation
Plan every year as prescribed by the State Government after previous publication
and publish the Plan in the Official Gazette.
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CHAPTER XX
WASTE MANAGEMENT
285. Duty of the Corporation in handling solid waste.-(1)It shall be the
duty of the Corporation, either through an agency or through its own to implement
the provisions of the Solid Waste Management Rules, 2016 to regulate the
management and handling of municipal solid waste and for the development of any
infrastructure for collection, storage, transportation, processing and disposal of
such solid wastes.
(2) The Corporation shall also prepare a solid waste management plan in
accordance with the policy of the state and implement this strategy.
(3) The Corporation shall also train waste pickers and collectors on solid
waste management.
(4) The Corporation shall also involve communities in waste management
and shall promote home composting and other such processes at the community
level.
(5) The Corporation shall create public awareness through information
about the need for ensuring proper waste management.
286. Entrustment of management and handling of solid wastes and
billing and collection of charges.-Notwithstanding anything contained elsewhere
in this Act, for the purposes of management and handling of municipal solid wastes
and for development of infrastructure, if any, for collection, storage, transportation,
processing and disposal of such solid wastes, a charge shall be levied, and payment
thereof shall be made, at such rate as the Corporation may fix, from time to time:
Provided that, the charge as aforesaid shall, as far as practicable, be such as
shall cover the costs on account of management and handling of municipal solid
wastes and development of infrastructure, if any, for collection, storage,
transportation, processing and disposal thereof.
287. Identification of places for disposal and final disposal of solid
waste.-The Corporation may, either on its own or through any other agency, cause
the solid wastes to be disposed of at such place or places within or outside the
Corporation area, and in such manner, as it considers suitable:
Provided that the solid wastes shall not be finally disposed of in any manner
which the Government may think fit to disallow.
288. Duty of owners and occupiers of premises to store solid wastes at
the source of the generation.-It shall be the duty of the owners and the occupiers
of all lands and building in the Corporation area. –
(1) to have the premises swept and cleaned on a regular basis;
(2) to provide for separate receptacles or disposal bags for the storage of
(a) organic and bio-degradable wastes,
(b) recyclable or non-bio-degradable wastes, and
(c) domestic hazardous wastes so as to ensure that these different types
of wastes do not get mixed;
(d) to keep such receptacles in good condition and order; and
(e) to cause all such wastes, including rubbish, any noxious or offensive
matter, night soil, filth, , dung, bones, ashes, carcasses of dead
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animals, bio-medical wastes and other polluted and obnoxious
matters to be collected from their respective premises and to be
deposited in community bins or receptacles at such times and in such
places as the Zonal Commissioner may, by notice, specify.
289. Duty of the corporation for handling different types of waste.-
(1) Bio-medical waste:
It shall be the duty of the Corporation, through an agency or by itself to
implement the provisions of the rules prescribed under this Act.
(2) E-waste:
It shall be the duty of the Corporation, through an agency to implement
the provisions of the rules prescribed under this Act.
(3) Plastic waste:
It shall be the duty of the Corporation to implement the provisions of the
of the rules prescribed under this Act.
290. Responsibilities of commercial waste generators.- (1) The Waste
Generators such as Street Vendors shall segregate the Solid Waste generated
during the course of its activity such as food waste, disposable plates, cups, cans,
wrappers, coconut shells, leftover food, vegetables, fruits and similar items.
(2) Every Occupier of any Premises who generates poultry, fish and slaughter
waste as a result of any commercial activity, shall store such waste separately in a
closed and hygienic condition and such waste shall not be mixed with any other
category of Solid Waste.
291. Functions of the Ward Committee.- (1) The Ward Committee shall
organize collection of municipal solid wastes through any of the methods, like
community bin collection, house-to-house collection, and collection on regular pre-
informed times and schedules;
(2) The Ward Committee shall devise collection of wastes from slums and
squatter areas or other localities including hotels, restaurants, office complexes
and commercial areas;
(3) The Ward Committee shall remove at regular intervals all solid wastes so
collected under clause (1) and clause (2) for disposal on daily basis, and
(4) The Ward Committee shall arrange for making use of biodegradable
wastes from slaughterhouses, meat and fish markets, and fruits and vegetable
markets in an environmentally acceptable manner.
(5) The Ward Committee shall also ensure that solid waste is collected from
public spaces such as parks, markets, roads, streets, gardens and similar areas
that fall within the respective ward.
292. Duties of Ward Committees with regards to waste management.-
(1) The Ward Committees established under this Act shall work with the
Corporation for proper solid waste management and sanitation work in the ward.
(2) The Ward Committees will prepare Ward action plan which shall take
into account consideration the Ward requirement, budgetary allocations,
infrastructure requirement while aligning it with the Ward Micro Plan and other
policies of the Corporation.
(3) The Ward Committee shall asses the type and quantity of Solid Waste
generated in the Ward, existing processing capacity, plans for additional processing
and facilities.
(4) The requirements and targets identified in the Ward action plan shall be
monitored regularly by the Ward Committee.
(5) In accordance with the Ward Action Plan, the Ward Committees shall
assess the type and quantity of waste generated, manner of waste collection and
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waste processing and such other facilities that may help in proper waste
management in their respective wards.
(6) The Ward Plan shall also take into consideration the various categories
of waste, collection points and vehicles for waste collection and such other
information as is required for the implementation of the Solid Waste Management
Rules, 2016.
(7) Such a plan shall be regularly monitored and reviewed under the aegis
of the Zonal Commissioner and he may appoint such other officers on his behalf to
carry out the said review.
(8) The Zonal Commissioner or the officer appointed on his behalf shall
have the authority to inspect and shall prepare a report in this regard which is to
be reviewed by the Corporation. For the purpose of inspection, the officer shall have
the right to enter any place, at all reasonable times, for the purposes of complying
with the Ward Action Plan.
(9) The Ward Committee shall deliberate on the action taken by the
Corporation and take necessary steps that are required to comply with the
recommendations set out in such report.
(10) The Ward Committee shall formulate a committee that shall comprise of
concerned citizens in each ward to survey and provide regular reports for
monitoring cleanliness, collection of solid waste and to participate in the
organisation of cleanliness drives or awareness campaigns in their Ward.
(11) There shall be periodic meetings of the said committee with the Ward
committee to ensure the implementation of redressal of issues highlighted in the
reports prepared by the Waste Management Committee.
293. Ward Micro Plan.-(1) The Corporation shall create a solid waste
management plan for every block in a Ward and ensure its implementation along
with the Ward Committee. The Ward Micro Plan shall contain the collection times
for different categories of Solid Waste, details of the collection vehicles and points,
Block-wise map of the Ward, roads/streets for street sweeping, manpower and
other information required for effective implementation of the solid waste
management as may be considered appropriate by Corporation.
(2) The Zonal Committee shall committee shall conduct regular checks in
various parts of the Wards and other places of collection, transportation,
processing and disposal of Solid Waste within its territorial limits to supervise
compliance of various provisions of SWM Rules and this Act.
(3) The Corporation may authorize officers who shall monitor and review the
implementation of the Ward micro plan and prepare Ward action report on a
monthly basis for onward submission to the Zonal Commissioner of the
Corporation.
(4) Such an officer shall have the right to enter, at all reasonable times,,
with such assistance as he considers necessary, any place for the purpose of ,-
(a) performing any of the functions entrusted to him by the Corporation
or
(b) determine compliance of the provisions of this Act.
(5) The Corporation shall publicise the manner of segregation through the
media, signs, advertisement, leaflets, announcement on radio and televisions,
newspapers and through any other appropriate means, so that all citizens are
made aware about the duties of citizens and the Corporation in relation to
segregation, recycling, littering, nuisance, penalties and fines.
294. Training and public awareness.-The Corporation shall undertake
training to educate its staff, informal waste pickers/collectors on collecting and
transporting of Solid Waste in a segregated manner and processing the Solid Waste
in a manner set out in the Solid Waste Management Rules and under this Act.
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295. Reduction of waste by the Corporation.-The Corporation shall
make efforts to minimise and reduce the generation of Solid Waste by discouraging
the production, sale and consumption of products containing unnecessary
packaging material, disposable products through awareness programs and
provision of incentives.
296. Penalties for contravention of waste management.- (1) Whosoever
contravenes or fails to comply with any of the provisions of the Waste Management
rules or bye-laws shall be punished with a fine of not more than rupees two lakhs
as determined by such applicable rules or byelaws.
(2) The Corporation shall also take appropriate action including
the imposition of penalties initiation of disciplinary action against those employees
who fail to discharge their functions in accordance with the Act or through any
Rules or Byelaws that may be issued for this purpose.
297. Waste generated during public gatherings.-(1) Every person who
organizes an event or gathering of more than hundred people at any licensed place
shall ensure the segregation of solid waste in such manner as may be prescribed.
(2) Each person shall also ensure that cleanliness of the area after the
event where the Solid waste is segregated, collected and processed in accordance
with the law as prescribed.
(3) The procedure for managing waste generated during public gatherings
shall be prescribed by byelaws thereunder.
CHAPTER – XXI
URBAN HERITAGE
298. Protection, Conservation and Maintenance of Urban Heritage.-
(1) The Corporation shall be responsible –
(a) To conserve or preserve heritage buildings or sites and heritage areas of
historical, architectural, cultural, environmental or ecological
significance or sites of scenic beauty that they are not adversely
affected by any new development within the jurisdiction of the
Corporation;
(b) To enhance the elements of urban design and built character including
landscape of the city;
(c) To provide the guidelines with regard to demolition, protection,
conservation or re-building of and alterations or additions to the
existing building those are to be designated and conserved in heritage
areas.
(2) The Corporation shall issue regulations or bye-laws for the
implementation of this chapter in accordance with those orders, rules, regulations,
bye-laws or guidelines issued by the Central Government or the State Government
from time to time.
299. Preparation of List of Heritage Sites Including Heritage Buildings,
Heritage Precincts and Listed Natural Features Areas.-(1)The Chief
Commissioner shall prepare and supplement a list of heritage sites including
Heritage Buildings, Heritage Precincts and listed Natural Features Areas on the
advice of the Heritage Conservation Committee.
(2) Before being finalized, objections and suggestions of the public are to
be invited and considered.
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(3) The list may be supplemented from time to time by the Chief
Commissioner upon the recommendations of the Government. When a building or
group of buildings or natural feature areas are listed it would mean, unless
otherwise indicated, that the entire property including its entire compound / plot
boundary along with all the subsidiary structures and artefacts, within the
compound/ plot boundary, shall form part of the list.
300. Incentives for Heritage Buildings.-The Corporation may provide
incentives to the owners or occupiers of heritage buildings included in the Heritage
Conservation List, in such manner as may be prescribed, which may include
provision financial support, exemption from property tax, and such other incentive
as may be deemed necessary to assist in the preservation of heritage buildings in
the existing state, and to preserve its heritage state with due repairs:
Provided that, if the heritage building is not maintained suitably or if the
heritage value of the building is spoiled in any manner, the incentives may be
revoked and such penalties may be levied, as prescribed.
301. Appointment of a Heritage Conservation Committee.-(1)The State
Government shall constitute a Heritage Conservation Committee endowing it with
such powers and functions as may be prescribed.
(2) The Chief Commissioner, on the advice of the Heritage Conservation
Committee, shall frame appropriate regulations for the protection, conservation and
maintenance of heritage buildings and sites in the city.
(3) The Heritage Conservation Committee shall comprise of:
(i) The Chief Commissioner Chairperson
(ii) An Architect from Public Works
Department
Member
(iii) A Structural Engineer with experience of
ten years in the field and membership of the
Institution of Engineers, India
Member
(iv) An Architect having ten years of
experience nominated by the Government
Member
(v) An Urban Designer nominated by the
Government
Member
(vi) A Conservation Architect with five years
of experience nominated by the Government
Member
(vii) An Environmentalist with in-depth
knowledge and ten years‟ experience in the
field nominated by the Government
Member
(viii) A Historian having in-depth knowledge
and ten years‟ experience in the field
nominated by the Government
Member
(ix) A Natural historian having in-depth
knowledge and 10 years‟ experience in the field
nominated by the Government
Member
(x) A Representative of the State
Archaeological Department
Member
(xi) The Chief Town Planner, Town and
Country Planning Department
Member-
Secretary
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(4) The Committee shall have the powers to co-opt up to three additional
members who may have related experience.
(5) The working of the Committee shall be such as may be prescribed.
(6) The tenure of the Chairperson and Members of the Committee, other
than any official representative, shall be three years.
302. Grading of Heritage Buildings and Sites.-(1)The Heritage Buildings
and Heritage Precincts listed shall be graded into categories as laid down in Second
Schedule .
(2) Any modification, repair, change in facade, interior or exterior, that
could alter the character of the building or site or precinct shall be made to the
extent permitted in Schedule II and in accordance to any orders, rules, regulations,
bye-laws or guidelines issued to this effect.
303. Functions of the Heritage Conservation Committee.-The Heritage
Conservation Committee shall carry out the following functions –
(a) To undertake identification and listing of heritage buildings and
precincts which need to be notified as and recommend the same to
the Corporation for inclusion.
(b) To recommend to the Corporation whether development permission
should be granted to the Heritage Buildings;
(c) To evaluate the cost of repairs to be given to the owners for
conservation or maintenance of a listed building;
(d) To approve special designs and guidelines for notified buildings and
control of height and essential façade characteristics of the buildings
and suggest suitable designs and adopting new materials for
replacements keeping the old form intact to the extent possible;
(e) To frame special regulations for Heritage Buildings and Heritage
Precincts and furnish the same to the Corporation;
(f) To undertake such actions as may be necessary for the physical
conservation and restoration of urban heritage buildings and sites in
the city;
(g) To undertake such programs and projects for generating awareness
about heritage including educational programs, identification and
listing of heritage resources, conducting heritage walks, organizing
lectures, seminars and conferences dedicated to heritage in the city.
304. Ownership not affected.-(1)Being listed as a heritage building
requires the usage of the building to be in harmony with the conditions prescribed
for, based on its Grade and does not impose any restriction on the sale or purchase
of such a building and does not require permission from the Corporation or
Heritage Conservation Committee.
(2) The Corporation shall have the first right of refusal over sale of any
listed heritage building.
CHAPTER XXII
LICENSES AND FEES
305. Granting of license.-(1)The Zonal Commissioner shall have the power
to grant license in matters pertaining to the following subjects:
(a) Establishment and operation of Markets either wholesale or retail;
(b) Establishment and operation of Trade Establishments;
(c) Establishment and operation of Slaughterhouses;
(d) Establishment and operation of Restaurants;
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(e) Establishment and operation of Industries;
(f) Establishment and operation of Commercial undertakings;
(g) Establishment and operation of Corporate Offices;
(h) Establishment of Service apartments, paying guest accommodation;
(i) Establishment and operation of Shared office and living spaces;
(j) Establishment and operation of Hospitals and nursing homes;
(k) Establishment and operation of Resthouses;
(l) Establishment and operation of Theatres, fairs, circuses and places of
public amusement;
(m) Establishment and operation of Milk Trade;
(n) Keeping of animals and birds;
(o) Establishment of Stables, cattle sheds and cow houses;
(p) Providing for Places for burial of the dead;
(q) Establishment of Food trucks or any cart stands;
(r) Erection of Advertisements in public places
(2) The manner of procuring license for matter pertaining to subjects
specified under sub section (1) shall be provided for under the Rules or Byelaws.
306. Exemption of the Government from procuring license.-The State
Government or the Central Government shall not be required to procure a license
from the Corporation in respect of any place in the occupation or under the control
of or any property belonging to such Government.
307. Licenses and written permission to specify conditions on which
they are granted.-(1)Whenever it is provided in this Act that a licence or a written
permission may be given for any purpose, such licence or written permission shall
specify the period for which and the restrictions and conditions subject to which,
the same is granted, and shall be given under the signature of the Zonal
Commissioner or of a Corporation officer empowered to grant the same for that
particular zone.
(2) Every application for a license or permission shall be addressed to the
Zonal Commissioner every such license or written permission granted, shall be
subject to payment of such fee as may be fixed by the corporation in such manner
as may be prescribed, different rates may be fixed for different licences or
permission by the Corporation
(3) Any license or written permission granted under this Act may be
suspended or revoked by the Zonal Commissioner, if any of its restrictions or
conditions are infringed or evaded by the person to whom the same has been
granted or if the said person is convicted of an infringement of any of the provisions
of this Act or of any bye-law made hereunder in any matter to which such licence
or permission relates.
(4) If any premises are used in contravention of the terms of the license
granted or is being used even after the license has been suspended or revoked by
the Zonal Commissioner, the Zonal Commissioner may at any time by written
notice require that the same shall be discontinued by the person so using it.
308. Power of the Zonal Commissioner to stop use of premises used in
contravention of licenses.-If the Zonal Commissioner is of the opinion that any
eating House, lodging house, hotel, boarding house, tea shop, coffee house, cafe,
restaurant, refreshment room or other place where the public are admitted for
repose or for consumption of any food or drink or where food is sold or prepared for
sale or any theatre, circus, cinema house, dancing hall or similar other place of
public resort, recreation or amusement is kept open without a licence or otherwise
than in conformity with the terms of a licence granted in respect thereof, he may
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stop the use of any such premises for any such purpose for a specified period by
such means as he may consider necessary
309. Inspection of places where sale is carried out.-The Zonal
Commissioner shall make provision for the constant and vigilant inspection of
animals, carcasses, meat, poultry, flesh, fish, fruit, vegetables, corn, bread, flour,
milk, ghee, butter, oil and any other articles exposed or hawked about for sale or
deposited in or brought to any place for the purpose of sale or preparation for sale.
310. Power of the Zonal Commissioner for the purposes of
inspection:(1)The Zonal Commissioner or any person authorized by him in writing
for the purpose may, without notice, enter any slaughter house or any place where
animals, poultry or fish intended for food are exposed for sale or where articles of
food are being manufactured or exposed for sale at any time by day or night when
the slaughter, exposure for sale or manufacture is being carried on and inspect the
same and any utensil or vessel used for manufacturing, preparing or containing
any such article.
(2) If the Zonal Commissioner or any person so authorised by him has
reason to believe that in any place any animal intended for human food is being
slaughtered or any carcass is being skinned or cut up or that any food is being
manufactured, stored, prepared, packed, cleansed, kept or exposed for sale or sold
without, or otherwise than in conformity with a licence, he may enter any such
place without notice, at any time by day or night for the purpose of satisfying
himself whether any provision of this Act, bye-laws, or regulations or any condition
of a licence is being contravened.
(3) No claim shall lie against the Zonal Commissioner or any person acting
under his authority or the Corporation for any damage or inconvenience caused by
the exercise of powers under this section or by the use of any force necessary for
effecting entry into any place under this section.
(4) In any legal proceedings in respect of powers exercised under this section
in which it is alleged that any animals, poultry, fish or articles of food were not
kept, exposed, hawked about, manufactured, prepared, stored, packed or cleansed
for sale, or were not intended for human food, the burden of proof shall lie on the
party so alleging.
311. Appeal to the Chief Commissioner.- (1) Any person aggrieved by any
notice issued or action taken or proposed to be taken by the Zonal Commissioner
under section 310 may appeal to the Chief Commissioner.
(2) The decision of the Chief Commissioner shall be final.
312. Period of limitation for appeals.- In any case in which no time is
laid down in the foregoing provisions of this Act for the presentation of an appeal
allowed thereunder such appeal shall be presented,-
(a) where the appeal is against an order granting a licence or permission,
within sixty days after the date of the publication of the order on the
notice board of the corporation; and
(b) in other cases within sixty days after the date of receipt of the order or
proceeding against which the appeal is made.
313. Summons to attend and give evidence or produce documents.-
The Zonal Commissioner may summon any person to attend before him, and to
give evidence or produce documents, as the case may be, in respect of any question
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relating to taxation, or inspection, or registration or to the grant of any licence or
permission under the provisions of this Act
314. Consequences of failure to obtain licences, etc., or breach of the
same.-(1) If, under this Act, or any rule, bye-law or regulation made under it the
licence or permission of the Corporation, the standing committee or Zonal
Commissioner or registration in the office of the Corporation is necessary for the
doing of any act, and if such act is done without such licence or permission or
registration then,-
(a) the Zonal Commissioner may, by notice, require the person so
doing such act to alter, remove, or as far as practicable restore to its
original state the whole or any part of any property, movable or
immovable, public or private, affected thereby within a time to be
specified in the notice.
(b) the Zonal Commissioner or any officer duly authorised by him may
also enter into or on any building or land where such act is done
and take all such steps as may be necessary to prevent the
continuance of such act; and
(c) if no penalty has been specially provided in this Act for so doing
such act, the person so doing it shall be liable on conviction by a
magistrate to a fine not exceeding fifty thousand rupees for every
such offence.
(2) No claim shall lie against the Zonal Commissioner or any other person for
any damage or inconvenience caused by the exercise of the power given under this
section or by the use of the force necessary for the purpose of carrying out the
provisions of this section.
315. Recovery of expenses from persons liable and limitation or
liability of occupier.- (1) The Chief Commissioner may recover any reasonable
expenses incurred under section 358 from the person or any one of the persons to
whom the notice, requisition or order was addressed in the same manner as the tax
on buildings or lands and may in executing work or taking measures under section
358 utilise any materials found on the property concerned or may sell them and
apply the sale proceeds in or towards the payment of the expenses incurred.
(2) If the person to whom notice is given is the owner of the property in
respect of which it is given, the Chief Commissioner may (whether any action or
other proceeding has been brought or taken against such owner or not) require the
person if any, who occupies such property, or any part thereof, under the owner to
pay to the corporation instead to the owner the rent payable by him in respect of
such property, as it falls due, upto the amount recoverable from the owner under
sub-section (1) or to such smaller amount as the Chief Commissioner may think
proper, and any amount so paid shall be deducted from the amount payable by the
owner.
(3) For the purpose of deciding whether action should be taken under
subsection (2) the Chief Commissioner may require any occupier of property to
furnish information as to the sum payable by him as rent on account of such
property and as to the name and address of the person to whom it is payable; and
such occupier shall be bound to furnish such information.
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(4) The provision of this section shall not affect any contract made between
any owner and occupier respecting the payment of expenses of any such work as
aforesaid.
CHAPTER XXIII
POWER REGARDING RULES AND BYELAWS
316. Power to make rules.-(1)The Government may, after previous
publication, by notification make rules for carrying out all or any of the purposes of
this Act.
(2) Subject to the provisions of this Act, the Government may, by
notification in the Official Gazette, make rules, which may include the following,-
(a) conditions on which property may be acquired by the Corporation or on
which property vested in or belonging to the Corporation may be
transferred by sale, mortgage, lease, exchange or otherwise;
(b) the preparation of plans and estimates for works which are to be partly
or wholly constructed at the expense of the Corporation and the power of
the Corporation authorities or Government officers to record professional
or administrative sanction to estimates;
(c) the estimate of receipts and expenditure, returns, statements and reports
to be submitted by Corporations;
(d) the moving of resolutions at the meeting of the Council;
(e) the form of registers and returns of births and deaths, the manner in
which the registers shall be maintained, the dates on which returns shall
be filed and the officer before whom returns shall be submitted;
(f) the powers of auditors inspecting and superintending officers and officers
authorized to hold inquiries to summon and examine witnesses and to
compel the production of documents and all other matters connected,
with audit, inspection and superintendence.
(g) registration of marriages at the instance of the parties concerned
containing such particulars as may be prescribed and issuance of
certificates thereof on application after realizing the prescribed fees for
such certificates;
(h) preparation of development plans for the corporation area, its approval
and implementation;
(i) functions of Ward Committees and Ward Sabhas; and
(j) Right to information of the people on matters of corporation
administration and duties.
(k) Method of recruitment and conditions of service of the corporation
officers and employees and the matters regarding deputation of officers
and employees from the department of State Audit and Accounts, Health,
Town and Country Planning and etc., of the Government.
(l) any other matter which has to be or may be prescribed under this
Act.
(3) The Government may, by notification, and after previous publication
make rules altering, adding to or cancelling any of Schedules to this Act.
(4) A rule under this Act may be made with retrospective effect, and when
such a rule is made, the reasons for making the rule shall be specified in a
statement laid before both Houses of the State Legislature, and subject to any
modification made under sub-section (5), every rule made under this Act, shall
have effect as if enacted in this Act.
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(5) Every rule or notification made under this Act 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 or more successive sessions and if before the expiry of the session
immediately following the session or the successive sessions aforesaid, both Houses
agree in making any modification in the rule or notification or both Houses agree
that the rule or notification should not be made, the rule or notification 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 or notification.
317. Power to make regulations.- The Corporation may with the previous
approval of the Government by notification make regulations not inconsistent with
the provisions of this Act and the rules made thereunder in respect of matters
which are required to be provided for by regulations by this Act.
318. Power to make Bye-laws.-Subject to the provisions of this Act, the
rules and regulations, the Corporation may make Bye-laws with respect to the
following matters namely:-
(1) for all matters expressly required or allowed by this Act to be provided
for by Bye-laws.
(2) for the due performance by all officers and employees of the
corporation of the duties assigned to them;
(3) any matter relating to the proceedings of the Corporation;
(4) for the regulation of the time and mode of collecting the taxes under
this Act;
(5) for regulating the construction and maintenance of drains or pipes,
privies, urinals, washing places, drainage works belonging to the
corporation or other persons;
(6) for regulating all matters connected to the use of water;
(7) for regulating the management, maintenance, control and use of
houses intended for the poorer sections of the community vesting in
the Corporation;
(8) for maintaining suitable means of access to buildings and preventing
encroachment thereon;
(9) for regulating sanitation, the destruction of rodents and other
preventive and remedial measures against mosquitoes, flies and other
insect pests;
(10) for facilitating and securing complete and accurate registration of
births and deaths;
(11) for protection of the property of the corporation;
(12) for regulating the holding of fairs and industrial exhibitions in the
City;
(13) for regulating the measures to be taken in the event of the outbreak of
any disease among animals which is communicable to man and the
supply of information which will facilitate the taking of such
measures;
(14) for the maintenance of sufficient open space to secure a free
circulation of air and for the adequate ventilation of buildings;
(15) for the control and supervision of public and private cart-stands, for
the regulation of their use and for the levy of fees therein;
(16) for the regulation and licensing of foodtrucks
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(17) for the inspection of milch-cattle and the regulation of the ventilation,
lighting, cleaning drainage and water-supply of dairies and cattle-
sheds in the occupation of persons following the trade of dairyman or
milk-seller
(18) for enforcing the cleanliness of milk-stores and milk-shops and
vessels and utensils used by the keepers thereof or by hawkers for
containing or measuring milk or preparing any milk product and for
enforcing the cleanliness of persons employed in the milk trade;
(19) for prescribing the qualifications and experience of architects,
engineers, structural designers and plumbers;
(20) for the regulation of the use of public streets, and the closing thereof
or part thereof;
(21) for the regulation of the laying of any cable including Optical Fibre
Cables and imposing the conditions thereof and levying of such fees;
(22) for the regulation of the use of parks, gardens and other places that
come under the Corporation;
(23) For the regulation and licensing of hotels, lodging houses, boarding
houses, theatres, fairs, choultries, rest houses, restaurants, eating
houses, cafes, refreshment rooms, coffee houses and any premises
which is utilized by the public for consumption of any food or drink or
any place where any food or drink is sold;
(24) For the regulation and licensing of industries, commercial
undertakings and corporate offices;
(25) For the regulation and licensing of paying guests accommodation and
service apartments;
(26) For the regulation and licensing of shared office and living spaces;
(27) For the regulation and licensing of hospitals and nursing homes;
(28) for the sanitary control and supervision of factories and places used
for any of the purposes and of any trade or manufacture carried on
therein
(29) (a) for the regulation of burial and burning and other places for the
burial of corpses;
(b) for the levy of fees for the use of such burial and burning grounds
and
crematoria as are maintained by the Corporation;
(c) for the verification of deaths and the cause of death;
(30) (a) for the inspection of public and private markets and shops and
other places therein;
(b) for the regulation of their use and the control of their sanitary
condition.
(31) (a) for the control and supervision of slaughter houses and of places
used for skinning and cutting up of carcasses;
(b) for the control and supervision of the methods of slaughtering;
(c) for the control and supervision of butchers carrying on business in the
city or at any slaughter-house outside the city provided or licensed by
the corporation;
(d) controlling and regulating the sanitary condition of markets and
slaughter-houses and preventing the exercise of cruelty therein.
(32) for the prevention of dangerous diseases of men or animals;
(33) for the enforcement of compulsory vaccination;
(34) for the prevention of out-breaks of fire;
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(35) for the prohibition and regulation of advertisements;
(36) for the registration of marriages;
319. Sanction of bye-laws by the Government.-No bye-law made by the
corporation under this Act shall have any validity unless and until it is sanctioned
by the Government:
Provided that, if the sanction is not accorded within one month the bye-laws
shall be deemed to have been sanctioned.
320. Conditions precedent to making of bye-laws.-The power to make
bye laws under this Act is subject to the conditions, -
(1) that a draft of the proposed bye-law is published in the Official Gazette
and in the local newspapers;
(2) that the draft shall not further proceed until after the expiration of a
period of thirty days from the publication thereof in the Official Gazette or of such
longer period as the corporation may appoint;
(3) that for at least thirty days, during such period a printed copy of the draft
shall be kept at the corporation office for public inspection and all persons are
permitted to peruse the same at any reasonable time free of charge;
321. Power of the Government to make rules in lieu of bye-laws.- (1) If,
in respect of any of the matters specified in section 318, the corporation has failed
to make any bye-laws or if the bye-laws made by it are not, in its opinion adequate,
the Government may make rules providing for such matters to such extent as it
may think fit.
(2) The rules made under this section, may add to, alter, or cancel any bye-
law made by the corporation.
(3) Before making any rule under this section, the Government shall give the
corporation an opportunity of showing cause against the making thereof.
322. Publication of rules, regulations and bye-laws.-(1) When any rule or
bye-law has been made under this Act, such rule or bye-law shall be published in
the Official Gazette in English and in Kannada.
(2) A bye-law shall come into operation three months after it has been
published as aforesaid.
(3) The Chief Commissioner shall cause all rules and bye-laws in force to be
printed in the said languages, and shall cause printed copies thereof to be sold to
any applicant on payment of a fixed price.
(4) The Chief Commissioner shall advertise in the local newspapers that
copies of rules and bye-laws are for sale and specify the place where and the person
from whom and the price at which, they are obtainable.
(5) Regulations made under this Act shall be published in such manner as
the corporation may determine.
323. Exhibition of rules, bye-laws and regulations.-(1)Printed copies of
byelaws and of rules and regulations shall be hung up in some conspicuous part of
the corporation office.
(2) No corporation officer or servant shall prevent any person from inspecting
at any reasonable time copies so exhibited.
(3) No person shall, without lawful authority, destroy, pull-down, injure or
deface any copies exhibited as above or any board to which the copies have been
affixed.
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324. Cognizance of offences.- All offences against this Act, or against any
rule, bye-law, regulation or order made under it, whether committed within or
outside the city, shall be cognizable by a first class magistrate having jurisdiction
in the city; and such first class magistrate shall not be deemed to be incapable of
taking cognizance of any such offence or of any offence against any enactment
hereby repealed, by reason only of his being liable to pay the corporation rate or
other tax or of his being benefited by the corporation fund to the credit of which
any fine imposed by him will be payable.
325. Corporation security force.- (1) There shall be constituted and
maintained a force to be called the corporation security force,-
(i) for the better protection and security of the property owned by the
corporation;
(ii) for aiding the officers of the corporation in the detection and
investigation of any matter relating to leakage of revenue or any
tax payable to the corporation;
(iii) for effective communication and obtaining of any information
regarding any design to commit or the commission of any offence
by any person under this Act, any rule, bye-law or regulation or
order made under it.
(2) The corporation security force shall consist of such number of
supervisory officers and members as may be determined by the corporation and
shall be appointed by the Chief Commissioner in accordance with such rules as
may be prescribed.
(3) The Chief Commissioner shall exercise powers of superintendence and
control over the corporation security force and matters relating to recruitment and
conditions of service, the conduct and discipline of the members of the security
force shall be governed by such rules as may be prescribed.
CHAPTER XXIV
PENALTIES
326. Penalty for violation of the Act .- Whoever contravenes any of the
provisions of this Act may be punished with an imprisonment which may extend to
one year and with a fine which extend to rupees two lakhs.
327. Penalty for violation of the rules .- Whoever contravenes any of the
provisions of the rules made under this Act, may be punished with a fine which
extend to rupees two lakhs or with an imprisonment for period upto six months or
with both.
328. Penalty for violation of the regulations. - Whoever contravenes any
of the provisions of the regualtions made under this Act, may be punished with a
fine which extend to rupees two lakhs.
329. Penalty for violation of the Bye-laws .- Whoever contravenes any of
the provisions of the Bye-laws made under this Act, may be punished with a fine
which extend to rupees two lakhs.
330. Penalty for un-authorised use of the corporation property.-
Whoever dishonestly misappropriates or converts to his own use any corporation
property or puts into improper or un-authorised use such property shall, on
conviction, be punished with imprisonment which may extend to three months or
with fine which may extend to fifty thousand rupees or with both.
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331. Penalty for leaving vehicle or animal in dangerous position in
public street.- (1) No person in charge of a vehicle or animal shall cause or allow
the vehicle or animal to remain at rest on any public street or public place in such
a position or in such a condition or in such circumstances as to cause or is likely to
cause danger, obstruction or undue in-convenience or nuisance to other users of
the public street and no person in charge of a vehicle or animal shall allow any
vehicle or animal to stand in a public street or public place unless it is under
adequate control.
(2) Whoever contravenes sub-section (1) shall on conviction be punished
with fine which may extend to one thousand rupees.
332. Compounding of offence.- Any officer authorized by the Chief
Commissioner not below the rank of Group-B officer may accept, in the prescribed
manner, from any person who has committed or it reasonably suspected of having
committed an offence punishable under sections 143, 286, 290 of this Act such
sum of money not exceeding the penalty amount specified in this Act or any sum of
money as may be prescribed, by way of composition of the offence which such
person has committed or is reasonably suspected of having committed and on the
payment of such sum of money to the authorized officer such person, if in custody,
shall be set at liberty and no further proceedings shall be taken against such
person with reference to the same act.
333. Power to give retrospective effect to certain bye-laws and
penalties for breaches of bye-laws.- (1) Bye-laws with regard to the drainage of,
and supply of water to, buildings and water-closets, earth closets, privies, ash-pits,
solid waste management and cess-pools in connection with buildings and the
keeping of water-closets supplied with sufficient water for flushing may be made so
as to affect buildings erected before the making of bye-laws under this Act.
(2) In making any bye-law under section 318 and this section the
corporation may provide that a breach thereof shall be punishable.-
(a) with fine which may extend to one thousand rupees, and in case of a
continuing breach, with fine which may extend to three hundred rupees
for every day during which the breach continues after conviction for the
first breach, or
(b) with fine which may extend to two hundred rupees for every day during
which the breach continues after receipt of notice from the Chief
Commissioner to discontinue such breach.
CHAPTER XXV
MISCELLANEOUS
334. Indemnity to Government, Corporation authorities, officers and
servants.- No suit, prosecution or other legal proceedings shall lie against the
Government or any Corporation authority, officer, or servant or any person acting
under the direction of the Government or any Corporation authority, officer or
servant, in respect of anything done in good faith done or intended to be done
under this Act, or any rule, bye-law, regulation or order made under it.
335. Sanction for prosecution of Mayor, Deputy Mayor, etc.- When the
Mayor or Deputy Mayor, or any councillor or the Chief Commissioner or any officer
of Government working in the corporation on deputation is accused of any offence
alleged to have been committed by him while acting or purporting to act in the
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discharging of his official duty, no magistrate shall take cognizance of such offence
except with the previous sanction of the Government.
336. Assessment, etc., not to be impeached.- (1) No assessment or
demand made and no charge imposed under the authority of this Act shall be
impeached or affected by reason of any clerical error or by reason of any mistake,-
(a) in respect of the name, residence, place of business or occupation of any
person, or
(b) in the description of any property or thing, or
(c) in respect of the amount assessed, demanded or charged: Provided that
the provisions of this Act have in substance and effect been complied
with and no proceedings under this Act shall, merely for defect in form,
be quashed or set aside by any court.
(2) No suit shall be brought in any court to recover any sum of money
collected under the authority of this Act or to recover damages on account of any
assessment, or collection of money made under the said authority:
Provided that, the provisions of this Act have in substance and effect, been
complied with.
(3) No distraint or sale under this Act shall be deemed unlawful, nor shall
any person making the same be deemed a trespasser, on account of any error,
defect or want of form in the bill, notice, schedule, form, summons, notice of
demand, warrant of distraint, inventory or, other proceeding relating thereto, if the
provisions of this Act, the rules and the bye-laws have, in substance and effect
been complied with:
Provided that every person aggrieved by any irregularity may recover
satisfaction for any special damage sustained by him.
337. Duties of police officers.- It shall be the duty of every police officer,-
(a) to communicate without delay to the appropriate corporation officer any
information which he receives of the design to commit or of the
commission of any offence under this Act or any rule, bye-law or
regulations made under it;
(b) to assist the Chief Commissioner or any corporation officer or servant or
any person to whom the Chief Commissioner has lawfully delegated
powers reasonably demanding his aid for the lawful exercise of any power
vesting in the Chief Commissioner or in such corporation officer or
servant or person under this Act or any such rule, bye-law or regulation,
and for all such purposes he shall have the same powers which he has in
the exercise of his ordinary police duties.
338. Power of police officer to arrest persons.- (1) If any police officer
sees any person committing an offence against any of the provisions of this Act or
of any rule, bye-law or regulation made under it, he shall, if the name and address
of such person are unknown to him and if the said person on demand declines to
give his name and address or gives a name and address which such officer has
reason to believe to be false, arrest such person.
(2) No person arrested under sub-section (1) shall be detained in custody,-
(a) after his true name and address are ascertained, or
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(b) without the order of a magistrate for any longer time, not exceeding
twenty four hours from the hour of arrest than is necessary for
bringing him before a magistrate.
339. Exercise of powers of police officer by corporation servants.- The
Government may empower any corporation officer or servant or any class of
corporation officers or servants to exercise the powers of a police officer for the
purposes of this Act.
340. Prohibition against obstruction of proceedings of corporation,
standing committee, Mayor, etc.- No person shall obstruct any proceedings of
the corporation or any standing committee, the Mayor or Deputy Mayor, and
Councillor, the Chief Commissioner or any person employed by the corporation or
any person with whom the Chief Commissioner has entered into a contract on
behalf of the corporation in the performance of their duty or of anything which they
are empowered or required to do by virtue of or in consequence of this Act or of any
rule, bye-law, regulation or order made under it
341. Prohibition against removal of mark.- No person shall remove any
mark set up for the purpose of indicating any level or direction incidental to the
execution of any work authorised by this Act or any rule, bye-law, regulation or
order made under it.
342. Liability of Chief Commissioner, Zonal Commissioner and
councillor for loss, waste or misapplication of fund, etc.- (1) The Chief
Commissioner and Zonal Commissioner every councillor shall be liable for the loss,
waste or misapplication of any money or other property owned by or vested in the
corporation, if such loss, waste, or misapplication is a direct consequence of his
willful neglect or misconduct and a suit for compensation may be instituted against
him by the corporation with the previous sanction of the Government.
(2) Every such suit shall be commenced within three years after the date on
which the cause of action arose.
343. Prohibition against removal or obliteration of notice.- No person
shall, without authority in that behalf remove, destroy, defence or otherwise
obliterate any notice exhibited by or under the orders of the corporation, a standing
committee or the Commissioner.
344. Prohibition against unauthorised dealings with public place or
materials.- No person shall, without authority in that behalf, remove earth, sand
or other material or deposit any matter or make any encroachment, from, in, or on
any land vested in the corporation or water-courses (not being private property), or
in any way obstruct the same.
345. Form of notices and permissions.- All notices and permissions
given, issued or granted, as the case may be, under the provisions of this Act shall
be in writing or through electronic form /online.
346. Proof of consent of Corporation authorities or corporation
officers.- Whenever under this Act or any rule, bye-law or regulation made under
it, the doing of or omitting to do anything or the validity of anything depends upon
the approval, sanction, consent, concurrence, declaration, opinion or satisfaction
of,-
(a) the corporation, a standing committee or the Chief Commissioner; or
(b) any corporation officer,
a written document signed in the case of (a), by the Chief Commissioner and
in the case of (b) by the said corporation officer, purporting to convey or set forth
such approval, sanction, consent, concurrence, declaration, opinion or satisfaction,
shall be sufficient evidence thereof.
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347. Signature on documents.- (1) Every licence, permission, notice, bill,
schedule, summons, warrant or other document which is required by this Act or by
any rule, bye-law or regulation made under it to bear the signature of the Chief
Commissioner or of any corporation officer shall be deemed to be properly signed if
it bears the facsimile of the signature or digital signature of the Chief
Commissioner or of such corporation officer, as the case may be, stamped
thereupon.
(2) Nothing in sub-section (1) shall be deemed to apply to a cheque drawn
upon the corporation fund or to any deed of contract.
348. Publication of notification.- Save as otherwise provided, every
notification under this Act shall be published in the official Gazette, in English and
in Kannada.
349. Publication of order, notice or other documents.- Every order,
notice or other documents, directed to be published under this Act or any rule, bye-
law or regulation made under it shall unless a different method is prescribed by
this Act or by the corporation or the standing committee, as the case may be, be
translated into Kannada and deposited in the office of the corporation and copies
thereof in English and in Kannada shall be pasted in a conspicuous position at
such office and on website of the Corporation and at such other places as the
corporation or standing committee, as the case may be, may direct; and a public
proclamation shall be made by beat of drum in the locality affected or by
advertisement in the local newspapers that such copies have been so pasted and
that the originals are open to inspection at the office of the corporation.
350. Publication in newspapers.- Whenever it is provided by this Act or
by any rule, bye-law or regulation made under it that notice shall be given by
advertisement in the local newspapers or that a notification or any information
shall be published in the same, such notice, notification or information shall be
inserted in at least one English and one Kannada newspaper published in the city.
351. Notice of prohibition or setting apart of places.- Whenever the
corporation, a standing committee or the Chief Commissioner shall have set apart
any place for any purpose authorised by this Act or shall have prohibited the doing
of anything in any place, the Chief Commissioner shall forthwith cause to be put
up a notice in English and in Kannada at or near such place. Such notice shall
specify the purpose for which such place has been set apart or the act prohibited in
such place.
352. Method of serving documents.-(1) When any notice or other
document is required by this Act or by any rule, bye-law, regulation or order made
under it to be served on or sent to any person, the service or sending thereof may
be effected,-
(a) by giving or tendering the said document to such person; or
(b) by e-mail or through electronic means; or
(c) if such person is not found, by leaving such document at his last
known place of abode or business or by giving or tendering the
same to his agent, clerk or servant or some adult member of his
family; or
(d) if such person does not reside in the city and his address
elsewhere is
known to the Commissioner, by sending the same to him by
registered
post; or
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(e) if none of the means aforesaid be available, by affixing the same
in some conspicuous part of such place of abode or business.
(2) When the person is an owner or occupier of any building or land it shall
not be necessary to name the owner or occupier in the document, and in the case
of joint owners and occupiers it shall be sufficient to serve it on, or send it to, one
of such owners or occupiers.
(3) Whenever in any bill, notice, form or other document served or sent
under this Act, a period is fixed within which any tax or other sum is to be paid or
any work executed or anything provided, such period shall, in the absence of an
express provision to the contrary in this Act, be calculated from the date of such
service or sending by registered post.
353. Recovery by occupier of sum leviable from owners.- If the
occupier of any building or land makes on behalf of the owner thereof any payment
for which under this Act, the owner, but not the occupier is liable, such occupier
shall be entitled to recover the same from the owner and may deduct it from the
rent then or thereafter due by him to the owner.
354. Obstruction of owner by occupier.- (1) If the occupier of any
building or land prevents the owner from carrying into effect in respect thereof any
of the provisions of this Act the Chief Commissioner may by an order require the
said occupier to permit the owner, within eight days from the date of service of
such order, to execute all such works as may be necessary.
(2) Such owner shall, for a period during which he is prevented as
aforesaid, be exempted from any fine or penalty to which he might otherwise have
become liable by reason of default, in executing such works.
355. Execution of work by occupier in default of owner.- If the owner of
any building or land fails to execute any work which he is required to execute
under the provisions of this Act or of any rule, bye-law, regulation or order made
under it, the occupier of such building or land may, with the approval of the Chief
Commissioner, execute the said work, and shall be entitled to recover from the
owner the reasonable expenses incurred in the execution thereof and may deduct
the amount thereof from the rent then or thereafter due by him to the owner.
356. Time for complying with order and power to enforce in default.-
(1) Whenever by any notice, requisition or order made under this Act or under any
rule, bye-law or regulation made under it, any person is required to execute any
work, or to take any measures or do anything, a reasonable time shall be named in
such notice, requisition or order within which the work shall be executed, the
measures taken, or the thing done.
(2) If such notice, requisition or order is not complied with within the time
so named, then whether or not a fine is provided for such default and whether or
not the person in default, is liable to punishment or has been prosecuted or
sentenced to any punishment for such default, the Chief Commissioner may cause
such work to be executed, or may take any measure or do anything which may, in
his opinion, be necessary for giving due effect to the notice ,requisition or order as
aforesaid.
(3) If no penalty has been specially provided in this Act for failure to comply
with such notice, the said person shall, on conviction, be punished with fine not
exceeding five thousand rupees for such offence.
357. Power of the Chief Commissioner to agree to receive payment of
expenses in instalments.- Instead of recovering any such expenses as aforesaid
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in the manner provided under section 315 the Chief Commissioner may, if he
thinks fit and with the approval of the standing committee take an agreement from
the person liable for the payment thereof, to pay the same in instalments of such
amounts and at such intervals as will secure the payment of the whole amount
due, with interest thereon at the rate of nine per cent per annum, within a period of
not more than five years.
358. Power to declare expenses on certain works as improvement
expenses.- If the expenses to be recovered have been incurred or are to be
incurred in respect of any work mentioned,-
(a) in clause (b) of sub-section (1) of section 222, section 225, section 256
or section 282; or
(b) in any rule made under this Act in which this section is made
applicable to such expenses,
the Chief Commissioner may, if he thinks fit and with the approval
of the standing committee, declare such expenses to be improvement
expenses.
359. Improvement expenses by whom payable.- (1) Improvement
expenses shall be a charge on the premises, in respect of which or for the benefit of
which the same shall have been incurred and shall be recoverable in instalments of
such amounts, and at such intervals, as will suffice to discharge such expenses
together with interest thereon within such period not exceeding five years as the
Chief Commissioner may in each case determine.
(2) The said instalments shall be payable by the owner or occupier of the
premises on which the expenses are charged:
Provided that when the occupier pays any such instalment he shall be
entitled to deduct the amount thereof from the rent payable by him to the owner or
to recover the same from the owner.
360. Redemption of charge for improvement expenses.- At any time
before the expiration of the period for the payment of any improvement expenses,
the owner or occupier of the premises on which the expenses are charged may
redeem such charge by paying to Commissioner such part of the said expenses as
are still payable.
361. Application of term "public servant", to corporation officers,
agents and sub-agents.- Every councillor, officer or servant, every contractor or
agent for the collection of any corporation tax, fee or other sum due to the
corporation and every person, employed by any such contractor or agent for the
collection of such tax, fee, or sum shall be deemed to be a public servant within the
meaning of section 21 of the Indian Penal Code.
362. Offences by companies.- (1) Where any offence under this Act has
been committed by a company, every person who, at the time the offence was
committed, was in charge of, and was responsible to, the company for the conduct
of the business of the company, as well as the company, shall be deemed to be
guilty of the offence and shall be liable to be proceeded against and punished
accordingly:
Provided that nothing contained in this sub-section shall render any such
person liable to any punishment provided in this Act if he proves that the offence
was committed without his knowledge or that he exercised all due diligence to
prevent the commission of such offence.
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(2) Notwithstanding anything contained in sub-section (1) where an offence
under this Act has been committed by a company and it is proved that the offence
has been committed with the consent or connivance of or is attributable to any
neglect on the part of any director, manager, secretary or other officer of the
company, such director, manager, secretary or other officer shall also be deemed to
be guilty of that offence and shall be liable to be proceeded against and punished
accordingly.
Explanation.- For the purpose of this section,-
(a) "company" means a body corporate, and includes a firm, a society, an
Association of persons;
(b) "director" in relation to a firm means a partner in the firm.
363. Official display of flag.- (1) No person shall fly any flag other than
the National Flag or a flag approved by the Government on the office of the
Corporation.
(2) Whoever contravenes sub-section (1) shall be punished with
imprisonment for a term which may extend to three months or with fine which may
extend to rupees five thousand or with both and in the case of continuing
contravention with a further fine which may extend to rupees five hundred for each
day during which the contravention continues.
364. Bidding prohibited.- (1) No employee or officer of the corporation
having any duty to perform in connection with the sale of movable or immovable
property by or on behalf of the corporation under this Act shall directly or indirectly
bid for or acquire interest in any property sold at such sale.
(2) Any person who contravenes the provisions of sub-section (1) shall be
punished with fine which may extend to five hundred rupees and shall also be
liable to dismissal from service.
365. Effect of absorption of Panchayat area into a Corporation area .-
If any local area consisting of one or more revenue villages in respect of which a
Panchayat areal has been constituted under the Karnataka Gram swaraj and
Panchayat Raj Act, 1993 is included in a Corporation area by virtue of a
notification under sub-section (1) of section 4 then, notwithstanding anything
contained in this Act or in the Karnataka Gram swaraj and Panchayat Raj Act,
1993 , but subject to the provisions of section 4 of this Act, with effect from the
date on which such area is included in a Corporation area , the following
consequences shall ensue, namely:-
(a) the Grama Panchayat of such local area (here-inafter referred to as the
panchayat) shall cease to exist and the Taluk Panchayat and Zilla
Panchayat within the jurisdiction of which such area is situated shall
cease to have jurisdiction over such area;
(b) the unexpended balance of the Grama Panchayat Fund and the property
(including arrears of rates, taxes and fees) belonging to the panchayat
and all rights and powers which, prior to such notification, vested in the
panchayat shall, subject to all charges and liabilities affecting the same,
vest in the corporation of the Corporation area (hereinafter referred to as
the corporation);
(c) any appointment, notification, notice, tax, order, scheme, licence,
permission, rule, bye-law or form, made, issued, imposed or granted
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under the Karnataka Gram Swaraj and Panchayat Raj Act, 1993 ,
immediately before the said date in respect of the said local area shall
continue in force and be deemed to have been made, issued, imposed or
granted under this Act until it is superseded or modified by any
appointment, notification, notice, tax, order, scheme, licence, permission,
rule, bye-law or form, made, issued, imposed or granted under this Act;
(d) all budget estimates, assessments, assessment lists, valuations or
measurements, made or authenticated under the Karnataka Panchayat
Raj Act, 1993 , immediately before the said date in respect of the said
local area shall be deemed to have been made or authenticated under
this Act.
(e) all debts and obligations incurred and all contracts made by or on behalf
of the panchayat immediately before the said date and subsisting on the
said date shall be deemed to have been incurred and made by the
corporation in exercise of the power conferred on it by this Act.
(f) all officers and servants in the employ of the panchayat immediately
before the said date shall become officers and servants of the corporation
under this Act and shall, until other provision is made in accordance
with the provision of this Act receive salaries and allowances and be
subject to the conditions of service to which they were entitled or subject
immediately before such date:
Provided that, it shall be competent to the corporation, subject to the
previous sanction of the Government to discontinue the services of any officer or
servant, who, in its opinion, is not necessary or suitable for the requirements of the
service under the corporation after giving such officer or servant such notice as is
required to be given by the terms of his employment and every officer or servant
whose services are dispensed with shall be entitled to such leave, pension,
provident fund and gratuity as he would have been entitled to take or receive on
being invalidated out of service, as if the panchayat in the employ of which he was,
had not ceased to exit;
(g) all proceedings pending on the said date before the panchayat shall be
deemed to be transferred to and shall be continued before the
corporation;
(h) all appeals pending before any authority shall, so far as may be
practicable, be disposed of as if the said local area had been included in
the lager urban area when they were filed;
(i) all prosecutions instituted by or on behalf of the panchayat and all suits
or other legal proceedings instituted by or against the panchayat or any
officer of the panchayat pending on the said date shall be continued by or
against the corporation as if the said local area had been included in the
Corporation area when such prosecutions, suits or proceedings were
instituted;
(j) all arrears of rates, taxes and fees vesting in the corporation shall,
notwithstanding that such rates and fees cannot be levied under this Act,
be recoverable in the same manner as a tax recoverable under this Act;
146
(k) until the reconstitution of the corporation in accordance with the
provisions of this Act, notwithstanding anything to the contrary
contained in this Act, such number of persons ordinarily resident in the
local area included in the Corporation area who are nominated by the
Government shall be additional councillors of the corporation.
366. Removal of difficulties.- If any difficulty arises in giving effect to the
provisions of this Act the Government may by order, published in the official
Gazette, as the occasion may require, do anything which appears to it to be
necessary to remove the difficulty.
367. Metropolitan Planning Committee.- (1) The Government shall
constitute a Metropolitan Planning Committee for the Bengaluru Metropolitan Area
to prepare a draft development plan for such area as a whole.
Explanation.- For the purpose of this section "Bengaluru Metropolitan area"
means an area specified by the Governor to be a metropolitan area under clause (c)
of Article 243P of the Constitution of India.
(2) The Metropolitan Planning Committee shall consist of thirty persons of
which,-
(a) such number of persons, not being less than two-thirds of the members
of the Committee, as may be specified by the Government shall be elected
in the prescribed manner by, and from amongst, the elected members of
the corporations, the Municipal Councils and town Panchayats, and the
Adyakshas and Upadyakshas of Zilla Panchayats, Taluk Panchayats and
Grama Panchayats in the Metropolitan area in proportion to the ratio
between the population of the city and other municipal area and that of
the areas in the jurisdiction of Zilla Panchayat, Taluk Panchayat and
Grama Panchayat;
(b) such number of representatives of,-
(i) the Government of India and the State Government as may be
determined by the State Government, and nominated by the
Government of India or as the case may be, the State Government;
(ii) such organisations and institutions as may be deemed necessary
for carrying out of functions assigned to the committee, nominated
by the State Government;
(3) All the members of the House of the People and the State Legislative
Assembly whose constituencies lie within the Metropolitan area and the members
of the Council of State and the State Legislative Council who are registered as
electors in such area shall be permanent invites of the Committee.
(4) The Commissioner, Bengaluru Development Authority shall be the
Secretary of the Committee.
(5) The Chairman of the Metropolitan Planning Committee shall be chosen in
such manner as may be prescribed.
(6) The Metropolitan Planning Committee shall prepare a draft development
plan for the Bengaluru metropolitan area as a whole.
(7) The Metropolitan Planning Committee shall, in preparing the draft
development plan,-
(a) have regard to,-
(i) the plans prepared by the local authorities in the Metropolitan area;
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(ii) matters of common interest between the local authorities including
coordinated spatial planning of the area, sharing of water and other
physical and natural resources, the integrated development of
infrastructure and environmental conservation;
(iii) the overall objectives and priorities set by the Government of India
and the State Government;
(iv) the extent and nature of investments likely to be made in the
Metropolitan area by agencies of the Government of India and of the
State Government and other available resources whether financial or
otherwise;
(b) consult such institutions and organisations as the Governor may, by
order, specify.
(8) The Chairman of the Metropolitan Planning Committee shall forward the
development plan, as recommended by such Committee, to the State Government.
368. Grievance Redressal Authority.– (1) The Government may, by
notification in the official gazette, constitute for the corporation a Grievance
Redressal Authority consisting of a retired district judge or a retired officer not
below the rank of special deputy commissioner for the purpose of Redressal of
Grievance.
(2) The Government shall provide necessary staff to the grievance redressal
authority.
(3) The office of the Grievance Redressal Authority shall remain open during
the business hours of the Corporation on all working days of the week;
(4) The salary and other allowances of the Grievance Redressal Authority
shall be the same which he was entitled to prior to his retirement minus pension;
(5) The Grievance Redressal Authority shall communicate the decision of the
Grievance Redressal Authority to the aggrieved citizen within such period as may
be prescribed.
(6) The Grievance Redressal Authority shall, immediately after the expiry of
the period prescribed for the communication of the decision of the Authority,
report every complaint which has not been redressed along with the details of the
complainant, nature of complaint, and reasons for non-redressal, to the Chief
Commissioner for necessary action;
(7) Where the Grievance Redressal Authority at the time of deciding any
complaint is of the opinion that officer or officers concerned or any other person
has without any reasonable cause, willfully neglected his duties required to be
performed by him under this Act or refused or failed or malafidely denied to extend
the service urged within the time specified or within a reasonable time, such officer
or person shall be subjected to a penalty of two hundred and fifty rupees each day
till the grievance redressal. However, the total amount of such penalty shall not
exceed twenty-five thousand rupees. The Grievance Redressal Authority may in
place of the penalty recommend for disciplinary action against the officer or the
person concerned, under the service rules or relevant law applicable to him;
Provided that the officer or the person concerned shall be given a reasonable
opportunity of being heard before any penalty is imposed on him.
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Provided further that the burden of proving that he acted reasonably and
diligently shall be on the officer or the person concerned who denied the service
urged.
Explanation: For the purpose of this section: –
(a) “aggrieved citizen” means a citizen who has been affected by commission
or omission of the Corporation while rendering service enjoined under
this Act or any other law and includes a person seeking benefit of any
scheme offered by the Government through the Corporation ;
(b) “grievances” means and includes any complaint lodged by a aggrieved
citizen regarding the commission or omission of action required to be
taken by the Corporation in respect of: –
(i) maintenance of health;
(ii) maintenance of Road;
(iii) maintenance of street lights;
(iv) identification of beneficiaries of any scheme or project;
(v) allocation of benefit of any scheme or project;
(vi) maintenance of sanitation;
(vii) grant or issue of any documents or certificate;
(viii) any other matter as may be prescribed.
369. Powers and functions of the Grievance Redressal Authority,– (1)
the Grievance Redressal Authority may: –
(a) call for and examine any document which he has reason to believe
necessary to redress the grievance of an aggrieved citizen;
(b) The Grievance Redressal Authority shall, for the purposes of performing
the functions under this Act, have the same powers as are vested in a
civil court under the code of civil procedure, 1908 in respect of the
following matters, namely:-
(i) summoning and enforcing the attendance of any person and
examining him on oath;
(ii) discovery and production of any document or other material object
producible as evidence;
(iii) receiving evidence on affidavits;
(iv) requisitioning of any public record;
(v) issuing commission for the examination of witnesses;
(vi) reviewing its decisions, directions and orders;
(vii) such other matter which may be prescribed;
(2) The Grievance Redressal Authority shall be a quasi judicial authority
and dispose off the matters before him summarily.
(3) No complaint of the aggrieved citizen shall be entertained by the
Grievance Redressal Authority unless the grievance has occurred as a result of
deficiency negligence or malfeasance on the part of a office or officer or official or
specific irregularity or benefit materially affecting the outcome or specific instance
of discrimination is indicated.
(4) The Grievance Redressal Authority shall ensure that, –
(a) the grievance is remedied in a time frame not exceeding ninety days from
the date of receipt of the complaint; or
(b) the reason for the occurrence of the grievance is identified and the
responsibility of the defaulting office or individual is fixed and the
149
grievance is redressed satisfactorily within one month after the period
specified in clause (a) or
(c) where the grievance has occurred as a result of a deficiency, negligence
or malfeasance on the part of an office or individual the action is taken in
accordance with conduct rules and departmental procedures; and
(d) where the individual responsible for the delivery of the goods and services
has willfully neglected to deliver the good or service or there exist prima
facie grounds for a case under the Prevention of Corruption Act 1988, he
can make an observation to that effect along with a recommendation for
the penalty to be imposed,-
(i) upto Group „B‟ Officer to the Chief Commissioner;
(ii) Group „A‟ and above officer to the Principal Secretary to Government
or the Secretary to Government, as the case may be.
(5) The Grievance Redressal Authority may seek the assistance of any other
officer required for the proper discharge of his duties or may direct any other officer
to take action to redress a complaint made by aggrieved citizen;
(6) Any officer, whose assistance has been sought under sub-section (5),
shall render all assistance to the grievance redress authority.
370. Appeal,– (1) Any person aggrieved by the decision of the Grievance
Redressal Authority or who has not received an action taken report in respect of a
complaint filed by him, may within a period of thirty days from the expiry of the
receipt of such decision, prefer an appeal to the Karnataka Appellate Tribunal and
the decision of such appellate authority shall be final:
Provided that, the Appellate authority may admit the appeal after the expiry
of thirty days if it is satisfied that the complainant was prevented by sufficient
reason or cause from filing the appeal in time.
(2) Every appeal shall be disposed of within ninety days from the date of
receipt of such appeal.
(3) The appellate authority shall arrange to deliver copies of the decisions to
the parties concerned within a period of fifteen working days from the date of
decisions taken by him.
371. Term of office of the Grievance Redressal Authority,– The
Grievance Redressal Authority shall hold office for a term of five years from the date
on which he assumes office or till he attains the age of sixty five years whichever is
earlier and shall not be eligible for re-appointment.
372. Resignation and removal, – (1) The Grievance Redressal Authority
may by notice in writing under his hand addressed to the Government resign his
office.
(2) Notwithstanding anything contained in sub-section (1), the Government
may, by order, remove the Grievance Redressal Authority from the office of the
Grievance Redressal Authority , if he,-
(a) is adjudged as an insolvent; or
(b) has been convicted of an offence which, in the opinion of the
Government, involves moral turpitude; or
(c) engages during his term of office in any paid employment outside the
duties of his office; or
(d) is, in the opinion of the government, unfit to continue in office by
reason of infirmity of mind or body; or
150
(e) has acquired such financial or other interest as is likely to affect
prejudicially his functions as the Grievance Redressal Authority.
373. Procedures before the Grievance Redressal Authority,– (1) The
procedure and manner of filing a complaint and fees to be accompanied with such
complaint shall be such as may be prescribed.
(2) The manner and procedure of conducting proceedings before the
Grievance Redressal Authority shall be such as may be prescribed.
374. Matters not subject to investigation.- The Grievance Redressal
Authority shall not investigate any matter,-
(i) which the Lokayukta or the uplokayukta is investigating under the
provisions of the Karnataka Lokayukta Act, 1984 (Karnataka Act 4 of 1985); or
(ii) which is being investigated by a Competent Authority under any
provisions of the Central Act or State enactments.
375. Transitory provisions.- (1) Any rule, notification, order or
appointment, made or issued under the Karnataka Municipal Corporations Act,
1976 (Karnataka of 14 of 1977) and Rules made there under or otherwise providing
for or relating to any of the matters for the furtherance of which this Act
is enacted, before the date of commencement of this Act and in force on the date of
commencement of this Act, to the extent they are not inconsistent with the
provisions of this Act, shall continue to be in force and effective as if they are
made or issued or appointed under the corresponding provisions of this Act unless
and until superseded by anything done or any action taken or any rules,
notification, order or appointment made under this Act.
(2) Where, under the provisions of the Karnataka Municipal Corporations
Act, 1976 (Karnataka of 14 of 1977) either an Administrator or a person has been
appointed to exercise the powers and perform the duties of the Corporation, , then,
such administrator or person shall be deemed to be an Administrator appointed
under section 127 not exceeding for a period of one year.
(3) All officers and servants in the employment of the Bruhat Banagalore
Mahanagara Palike immediately before the commencement of this Act, shall
become officers and servants of the Corporation under this Act and shall, until
other provision is made in accordance with the provisions of this Act, receive
salaries and allowances and be subject to the conditions of service to which they
were entitled to immediately before such date:
Provided that it shall be competent to the Corporation, subject to the
previous sanction of the Government, to discontinue the services of any officer or
servant who, in its opinion, is not necessary or suitable for the requirements of the
service under it after giving such officer or servant such notice as is required to be
given by the terms of his employment and every officer or servant whose services
are dispensed with shall be entitled to such leave, pension, provident fund and
gratuity as he would have been entitled to take or receive on being invalidated out
of service, as if the Corporation, in the employ of which he was, had not ceased to
exist.
151
(4) All assets and liabilities of the Bruhat Bengaluru mahanagara palike
constituted under the Karnataka Municipal Corporations Act, 1976 (Karnataka of
14 of 1977 shall stand transferred to the Corporation constituted under this Act.
376. Repeal and Savings.- (1) The provisions of the Karnataka Municipal
Corporations Act, 1976 (Karnataka of 14 of 1977) pertaining to the Bruhath
Bengaluru Mahanagara Palike are hereby repealed.
Provided that, such repeal shall not affect,-
(a) anything done or any action taken under the said Act; or
(b) the previous operation of the said Act or anything duly done or suffered
thereunder; or
(c) any right, privilege, obligation or liability acquired, accrued or incurred
under the said Act; or
(d) any penalty or punishment incurred in respect of any offence
committed under the said Act:
Provided further that, the provisions of section 6 of the Karnataka General
Clauses Act, 1899 (Karnataka Act III of 1899) shall be applicable in respect of
repeal of the said Act.
Provided also that subject to the preceding proviso anything done or any
action taken (including any appointment or delegation made, tax, duty, fee, or cess
imposed, notification, order, instrument, or direction issued, rule, regulation, form,
bye-law or scheme framed, certificate obtained, permit or licence granted or
registration effected) under the said enactments shall be deemed to have been done
or taken under the corresponding provisions of this Act and shall continue to be in
force accordingly unless and until superseded by anything done or any action
taken under this Act :
Provided also that, notwithstanding anything contained in the
preceding provisos where any tax, duty, fee or cess other than a duty on transfers
of immovable properties has been imposed under the said enactments at a rate
higher than the maximum rate permissible under this Act, such tax, duty, fee or
cess may continue to be imposed and collected at such higher rate unless and until
superseded by anything done or any action taken under this Act :
(2) Notwithstanding anything contained in sub-section (1), any tax, duty,
fee, or cess imposed under the said Act may, notwithstanding that such tax, duty,
fee or cess cannot be imposed under the provisions of this Act, be continued to be
levied and recovered as if the provisions of such enactments, the rules, bye-laws,
orders and notifications made or issued thereunder relating to such levy and
recovery had not been repealed.
FIRST SCHEDULE
(See section 107 )
(A) Core Functions.-
i. Urban planning including town planning,
ii. Regulation of land-use including protection of public land from
encroachment and construction of buildings,
iii. Planning for economic and social development,
iv. Roads including footpath and road crossing facilities for pedestrians
and bridges,
v. Water supply for domestic, industrial and commercial purposes,
152
vi. Public health, sanitation including storm water drains, conservancy
and solid and liquid waste management,
vii. Fire services,
viii. Urban forestry, protection of the environment, promotion of
ecological aspects and maintenance of environmental hygiene,
ix. Safeguarding the interests of persons with physical and mental
disabilities,
x. Slum improvement and upgradation including providing basic
facilities,
xi. Urban poverty alleviation,
xii. Provision and maintenance of urban amenities and facilities such as
parks, gardens, playgrounds, public markets, bathing and washing
ghats, waiting sheds for travellers,
xiii. Promotion of cultural, educational and aesthetic aspects,
xiv. Establishment and maintenance of burial and burning grounds,
cremations, cremation grounds and electric crematoriums,
xv. Cattle pounds, prevention of cruelty to animals,
xvi. Collection and updating of vital statistics including registration of
births, deaths and marriages,
xvii. Provision and maintenance of public amenities including street
lighting, parking spaces for vehicles, bus stops and public
conveniences like toilet facilities at public places,
xviii. Regulation of slaughter houses and tanneries and sale of meat, fish
and other perishable food stuffs among others.
(B) General Functions.-
i. Organising voluntary workers and promote community participation
in all development activities,
ii. Organise campaign for thrift,
iii. Awareness building against social evils such as dowry, domestic
violence, abuse of children, casteism, homophobia, and xenophobia,
iv. Organize legal awareness campaigns among weaker sections,
campaign against economic offences, adherence to civic duties, and
promoting communal harmony,
v. Organise relief activities during natural calamities and maintain
relief centres like hospitals, dispensaries, asylums, rescue homes,
maternity houses and child welfare centres, etc.,
vi. Mobilising local resources in cash or in kind,
vii. Organise and promote resident welfare associations, neighbourhood
groups and committees, and self-help groups with focus on the
poor,
viii. Disclosure and dissemination of information of public interest,
ix. Maintenance of public properties,
x. Issue of licence to dangerous and offensive trades and industries,
xi. Issue of licence to domestic pet animals,
xii. Conservation and preservation of water bodies,
xiii. Conservation and preservation of places and buildings of historical
and cultural importance,
xiv. Promoting energy efficiency and build awareness on climate change,
153
xv. Promote introduction of Information Technology and e-Governance
in the working of the Corporation.
(C) Sector-wise functions.-
(i) Urban Planning including Town Planning:
(a) Planned development of new areas for human settlement, erection
and maintenance of boundary marks defining the limits or any
alteration in the limits,
(b) Measures for beautification of the corporation area by setting up
fountains, providing recreational areas, improving river banks, and
landscaping,
(c) Integration of the development plans and schemes of the municipal
area with the district or regional development plan,
(d) Preparation and keeping upto date of appropriate maps, data and
records of lands within corporation and utility to which such lands
are from time to time put;
(ii) Environment and Social Forestry:
(a) Organise campaigns for environmental awareness,
(b) Motivating local action for its upgradation, planting of trees, etc.,
(c) Reclamation of waste lands, promotion of social forestry and
maintenance of open spaces,
(d) Establishment and maintenance of nurseries, promotion of greenery;
(iii)Small Scale Industries:
(a) Promotion of handicrafts,
(b) Formulate and implement self-employment schemes in industrial
sector,
(c) Implementation of the entrepreneur development programmes;
(iv)Housing:
(a) Identify the homeless, provision of house sites and houses,
implementation of shelter rejuvenation programmes,
(b) Mobilise fund necessary for housing;
(v) Education and Culture:
(a) Run the pre-primary, primary, higher secondary and technical
schools, vocational training centres, and implement literacy
programmes,
(b) Promote civic education, adult education, social education and
nonformal education,
(c) Promotion of cultural activities including music, physical education,
sports and theatres and infrastructure therefor,
(d) Advancement of science and technology in urban life,
(e) Organization, establishment and maintenance of art galleries and
botanical or zoological collections,
(f) Maintenance of corporation office, and of all public monuments and
places of historical, artistic and other importance,
154
(g) Presentation of awards to persons of distinction, paying homage on
death to persons of repute,
(h) Holding and regulation of fairs, festivals, industrial and health
exhibitions;
(vi)Public Works:
(a) Construct and maintain the roads except National Highways, State
Highways and major District roads within the corporation, and
buildings for institutions including those transferred from
Government.
(vii) Public Health and Sanitation:
(a) Run dispensaries, primary and public health centres and hospitals
under all systems of medicines, child welfare centres and mother care
homes,
(b) Organise remedial and other preventive measures against disease,
(c) Implement family welfare programmes,
(d) Organise mass inoculation campaigns for eradication of infectious
diseases,
(e) Reclamation of unhealthy localities, removal of noxious vegetation and
abatement of all nuisances,
(f) Maintenance of all public tanks and regulating the reexcavation, repair
and up-keep of all tanks, wells and other sources of water-supply and
provision for unfiltered water supply for non-domestic uses,
(g) Public vaccination, prophylactic inoculations, vector control
(h) Maintenance of ambulance service,
(i) Advancement of civic consciousness of public health and general
welfare by organizing discourses, seminars and conferences,
(j) Prevention of food adulteration and control of eating-houses,
(k) Effective implementation of national and state strategies and
programmes for prevention and control of diseases;
(viii) Social Welfare:
(a) Run Anganwadis, and institutions for the welfare of persons with
disability, urban poor among others;
(b) Sanction and distribute pension to persons with disability, widows,
urban poor, distribute unemployment wages, and implement Group
Insurance Scheme to the poor,
(c) Implementation of programmes for liberation and rehabilitation of
scavengers and their families,
(d) Campaigns for dissemination of information, vital for public welfare,
(e) Securing or removal of dangerous buildings and places, obstructions
and projections in or upon streets, bridges and other public places;
(ix) Eradication of poverty:
(a) Develop skills and implement self-employment and group employment
schemes for the poor, especially for women,
(b) Create community assets to get continuing benefit to the poor;
155
(x) Development of Persons belonging to Scheduled Caste/Scheduled
Tribe:
(a) Implementation of beneficiary-oriented schemes under Special
Component Plan (SCP) and Tribal Sub Plan (TSP) and provide basic
facilities in the residential centres and financial assistance for the
Scheduled Caste/ Scheduled Tribe,
(b) Run nursery schools, vocational training centres for the Scheduled
Caste/Scheduled Tribe;
(xi) Public Distribution System:
(a) Examine complaints against public distribution system and find out
and implement remedial measures,
(b) Organise campaigns against offences relating to weights and
measures,
(c) General supervision of shops and other public distribution system and
to provide guidance;
(xii) Disaster Relief:
(a) Maintain relief centres and organise relief activities like provision to
hospitals, dispensaries, asylums, rescue homes, maternity houses,
and child welfare centres, crematorium, burial ground among others.
156
SECOND SCHEDULE
(See section 302)
GRADE-
I
GRADE-II
GRADE-
III
HERITAGE
PRECINCTS
Definition
Heritage
Grade-I
comprises
buildings and
precincts of
national or
historic
importance,
embodying
excellence in
architectural
style, design,
technology and
material usage
and/or
aesthetics;
they may be
associated
with a historic
event,
personality,
movement or
institution.
They have
been and are
the prime
landmarks of
the region.
All natural
sites shall fall
within Grade-I.
Heritage Grade-
II comprises of
buildings
and precincts of
regional or local
importance
possessing
special
architectural or
aesthetic merit,
or cultural or
historical
significance
though of a
lower scale than
Heritage Grade-
I.
They are local
landmarks,
which
contribute to the
image and
identity of the
region. They
may be the work
of master crafts
folks or may be
models of
proportion and
ornamentation
or designed to
suit a particular
climate.
Heritage Grade-
III comprises
buildings
and precincts of
importance for
townscape; that
evoke
architectural
aesthetic, or
sociological
interest though
not as much as
in Heritage
Grade-II. These
contribute to
determine the
character of the
locality and can
be
representative
of lifestyle of a
particular
community or
region and may
also be
distinguished
by setting, or
special
Character of the
façade and
uniformity of
height, width
and scale.
A heritage
precinct is an
area of heritage
value. It may
consist of a
number of
buildings and
spaces, such as
streets, with
cultural or
heritage
significance
worth
recognition and
conservation, or
it may be an area
where the
relationship
between various
elements, creates
a special sense of
place like mass,
scale, building
material,
typology, roof
profile and
shapes or
containing
architectural
style or
elements.
Precincts are of
different
importance and
are made up of
different types of
elements such as
houses, trees,
commercial
properties and
public spaces
combining to
157
create a unique
significance.
Objective Deserves
careful
preservation
Deserves
intelligent
conservation
Deserves
intelligent
conservation
(though
on a lesser scale
than Grade-II
and special
protection to
unique
features and
attributes)
Precincts deserve
appropriate
repair and
maintenance and
very sensitive
development i.e.
regarding the
mass, scale
and setting. It
also requires
conservation of
its heritage and
cultural
significance
Scope for
Change
No
interventions
shall be
permitted
either on
exterior or
interior of the
heritage
building or
natural
features unless
it is necessary
in the interest
of
strengthening
and
prolonging the
life of
the
buildings/or
precincts or
any part or
features
thereof. For
this purpose,
absolutely
essential
and minimum
changes shall
Grade-II(A):
Internal changes
and
adaptive re-use
may
be allowed,
subject to strict
scrutiny. Care
should be taken
to ensure the
conservation of
all special
aspects for
which it is
included in
Heritage Grade-
II.
Grade-II(B):
In addition to
the above,
extension or
additional
building on the
same plot or
compound may
in
certain
circumstances,
Internal
changes and
adaptive re-use
may
by and large be
allowed.
Changes may
include
extensions and
additional
buildings on the
same plot or
compound.
However,
any changes
should be such
that they are in
harmony and
should be such
that they do not
detract from the
existing
heritage
building/
precinct
especially in
terms of height
and façade and
Sensitive
additions,
alterations,
extensions and
interior
renovations
shall be
permissible but
these should not
alter the
character of the
building/
precinct. The
new
interventions
may be
contemporary
but subtle or
inspired by the
original
character and
not tasteless
imitation.
Reconstruction
is permissible
but only for
buildings that
158
be allowed and
they must be
in conformity
with the
original
be allowed
provided that
the extension /
additional
building is in
harmony with
(and does not
detract from) the
existing heritage
building/(s) or
precincts
especially in
terms of height
and
façade and
provided that
the additional
building is not
larger than the
original building
in terms
of mass and
scale.
provided that
the
extension/
additional
building is not
larger than the
original building
in mass and
scale
are totally
structurally
unsafe as
certified by a
Structural
Engineer and
corroborated by
the Heritage
Conservation
Committee. The
reconstruction
should not follow
the prevailing
byelaws but
should be in
such a manner
which ensures
that the
building/
precinct
character is not
diminished, yet
allows for growth
and good urban
design.
Urban Design
Guidelines
should be
prepared
separately for
each of the listed
heritage
precincts as
extension of the
bye laws. All
constructions
within heritage
precincts should
be governed by
the said
guidelines
159
The above translation of ಬೃಹತ್ ಬಂಗಳೂರು ಮಹಾನಗರ ಪಾಲಿಕೆ ಅಧಿನಿಯಮ,
2020 (2020ರ ಕನಾಟಕ ಅಧಿನಿಯಮ ಸಂಖೆ್ಯ 53) shall be authoritative text in the
English language under clause (3) of Article 348 of the Constitution of India.
VAJUBHAI VALA
GOVERNOR OF KARNATAKA
By Order and in the name of
the Governor of Karnataka,
(K. DWARAKANATH BABU)
Secretary to Government
Department of Parliamentary Affairs
and Legislation
ಸಂಖೆ್ಯ : ನಅಇ 73 ಬಿಬಿಎಸ್ 2020(ಇ) ಕನಾಟಕ ಸರ್ಕಾರದ ಸಚಿವಾಲಯ,
ವಿರ್ಕಸಸೌಧ,
ಬಂಗಳೂರು, ದಿನಂಕ:
06.01.2021
ಅಧಿಸೂಚನೆ
ಬೃಹತ್ ಬಂಗಳೂರು ಮಹಾನಗರ ಪಾಲಿಕೆ ಅಧಿನಿಯಮ, 2020 (2020ರ ಕನಾಟಕ
ಅಧಿನಿಯಮ ಸಂಖೆ್ಯ : 53) ರ 1ನೇ ರ ಕರಣದ (2)ನೇ ಉ-ರ ಕರಣದಡಿ ರ ದತ್ತ ವಾದ
ಅಧಿರ್ಕರವನ್ನು ಚಲಾಯಿಸಿ, ಕನಾಟಕ ಸರ್ಕಾರವು ಈ ಮೂಲಕ ಸದರಿ ಅಧಿನಿಯಮದ ಎಲಾಾ
ಉಬಂಧಗಳು ದಿನಂಕ: 11.01.2021 ರಿಂದ ಜಾರಿಗೆ ಬರತ್ಕಕ ದಂದು ಗೊತ್ತತ ಡಿಸಲಾಗಿದ.
ಕರ್ನಾಟಕ ರಾಜ್ಯ ಪಾಲರ ಆದೇಶಾನುಸಾರ
ಮತ್ತು ಅವರ ಹೆಸರಿನಲಿ್ಲ
(ಕೆ.ಎ.ಹಿದಾಯತ್ತು ಲಿ )
ಸರ್ಕಾರದ ಜಂಟಿ ರ್ಕಯಾದರ್ಶಾ,
ನಗರಾಭಿವೃದಿಿ ಇಲಾಖ್ಯ
160
KARNATAKA ACT NO 01 OF 2022
(First published in the Karnataka Gazette Extra-ordinary on the 13thday of January,
2022)
THE KARNATAKA MUNICIPAL CORPORATIONSAND CERTAIN OTHER
LAW(AMENDMENT) ACT, 2021
(Received the assent of the Governor on the 11th day of January, 2022)
An Act further to amend the Karnataka Municipal Corporations Act, 1976
and the Bruhat Bengaluru MahanagaraPalike Act, 2020.
Whereas it is expedient further to amend the Karnataka Municipal
Corporations Act, 1976 (Karnataka Act 14 of 1977) and the Bruhat Bengaluru
Mahanagara Palike Act, 2020 (Karnataka Act 53 of 2020), for the purposes
hereinafter appearing;
Be it enacted by the Karnataka State Legislature in the seventy second year
of the Republic of India as follows, namely:-
1. Short title and commencement.- (1) This Act may be called the
Karnataka Municipal Corporations and Certain Other Law (Amendment) Act, 2021.
(2) It shall be deemed to have come into force with effect from the 16th day of
November, 2021.
2. Amendment of the Karnataka Act 14 of 1977.- In the Karnataka
Municipal Corporations Act, 1976 (Karnataka Act 14 of 1977), after section 299,
the following shall be inserted, with effect from 4th day of September, 2015,
namely:-
“299A. Levy of imposts, restrictions and conditions in respect of
Bruhat Bengaluru Mahanagara Palike.-(1)The Commissioner may grant such
permission to execute the work together with a site plan of the land, ground plan,
elevations and section of the building subject to such restrictions and conditions,
as may be specified in the zoning regulations or building bye-laws or he may refuse
to grant such license subject to the conditions specified in section 303.
(2) The Commissioner may for approving or sanctioning the plan or grant
of commencement certificate or completion certificate, charge and levy the
following fee at such rates based on the guidance value fixed by the Department of
Stamps and Registration under the provisions of the Karnataka Stamp Act, 1957,
namely:-
(a) fee for issuance of license;
161
(b) fee for security of the building for which license granted;
(c) fee for maintenance of public roads or storing of construction materials
in public places during construction viz, ground rent;
(d) security fee, ensuring that the construction is in accordance with plan
sanctioned;
(e) fee for commencement certificate;
(f) fee for occupancy certificate;
(g) penalty imposed at the time of issuance of occupancy certificate for not
obtaining commencement certificate at the commencement of the
construction;
(h) penalty for regularization up to 5% of violation or deviation in the
construction with respect to sanctioned plan or zonal regulation limit;
and
(i) such other fee as specified by the Government from time to time.
299B. Power of the State Government to exempt or reduce fee levied or
charged or assessed in respect of the Bruhat Bengaluru MahanagaraPalike.-
(1) The State Government may, if in its opinion it is necessary in the public interest
so to do, by notification and subject to such restrictions and conditions and for
such period, as may be specified in the notification, exempt or reduce the fee
payable under this Act, for any Board or Corporation or Organization owned or
controlled by the Central Government or the State Government.
(2) The State Government may, by notification cancel or vary any notification
issued under sub-section (1).
(3) Where any restriction or condition specified under sub-section (1) is
contravened or is not observed by a person or a declaration furnished under sub-
section (1) is found to be wrong, then such person shall be liable to pay by way of
penalty, an amount equal to twice the difference between the fee payable at the rate
specified by or under the Act and the fee paid at the rate specified under the
notification on consideration in respect of which such contravention or non-
observance has taken place or a wrong declaration is furnished.
(4) For removal of doubts, it is hereby declared that the levy of imposts,
assessment and collection of fee or penalty under the Act as amended by the
Karnataka Municipal Corporations and Certain Other Law (Amendment) Act,
2021or any rules, notification, order, letter or guidelines shall be deemed to have
always been levied and collected as levy of imposts.
(5) No penal proceeding shall be commended against any person for any
contravention of the provisions of Chapter-XV of the Act that may arise as a
162
consequence of the retrospective amendment made by the Karnataka Municipal
Corporations and Certain Other Law (Amendment) Act, 2021.
299C. Validation of levy and collection of fee.- Notwithstanding anything
contained in any judgment, decree or order of any Court, Tribunal or other
authority to the contrary levy, assessment or collection of any amount as fee or
penalty for sanctioning plan or commencement certificate or occupancy certificate
made or purporting to have been made under section 299A and any action or thing
taken or done, (including any notices or orders issued or assessment made) and all
proceedings held and any levy and collection of fee or amount purported to have
been collected by way of fee or penalty in relation to such levy, assessment or
collection under the provisions of the Karnataka Municipal Corporations Act, 1976
(Karnataka Act 14 of 1977) or any rules, notifications, order, guidelines or letters
before the commencement of this Act shall be and shall be deemed to be valid and
effective for all purposes as if such levy, assessment or collection or action or thing
had been made, taken or done under the Karnataka Municipal Corporations Act,
1976 (Karnataka Act 14 of 1977) as amended by the Karnataka Municipal
Corporations and Certain Other Law (Amendment) Act, 2021 and accordingly:-
(a) all acts, proceedings or things done or any action taken by the
Government or the Bruhat Bengaluru MahanagaraPalike officers as the
case may be in connection with the levy, assessment or collection of any
amount as fee for all purposes be deemed to be and to have always been
made, done or taken in accordance with law;
(b) no suit or other proceeding shall be maintained or continued in any
Court or Tribunal or before any authority for the refund of any such fee;
and
(c) no Court shall enforce any decree or order directing the refund of any
such fee.”
3. Amendment of the Karnataka Act 53 of 2020.- In the Bruhat
Bengaluru MahanagaraPalike Act, 2020 (Karnataka Act 53 of 2020), after section
240, the following new sections shall be inserted, with effect from 11th day of
January 2021, namely:-
“240A. Levy of imposts, restriction and condition.-(1)The Chief
Commissioner may grant such permission to execute the work together
with a site plan of the land, ground plan, elevations and sections of the
building subject to such restrictions and conditions, as may be specified in
the bye-laws or he may refuse to grant such licence, subject to the
conditions specified in section 244.
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(4) The Chief Commissioner while fixing the rates for levy of fee or penalty
shall consider all the costs related to the issue and execution of the
approval as he may deem fit.
(5) The Chief Commissioner may for approving or sanctioning the plan or
grant of commencement certificate or completion certificate,-
(A)charge and levy the following fee at such rates based on the guidance
value fixed by the Department of Stamps and Registration under the
provisions of the Karnataka Stamp Act, 1957, namely:-
(b) fee for issuance of license;
(c) fee for maintenance of public roads or storing of construction materials
in public places during construction viz, ground rent;
(d) security fee ensuring that the construction is in accordance with plan
sanctioned;
(e) fee for commencement certificate;
(f) fee for completion certificate; and
(g) such other fee as specified by the Government from time to time.
(B) charge and levy any other deposit or fee or cess specified under any other
law in force.
240B. Power of the State Government to exempt or reduce fee levied or
charged or assessed.- (1)The State Government may, if in its opinion, it is
necessary in the public interest so to do, by notification and subject to such
restrictions and conditions and for such period as may be specified in the
notification, exempt or reduce either prospectively or retrospectively, the fee
payable under this Act for any Board or Corporation or Organization owned
or controlled by the Central Government or the State Government.
(2) The State Government may, by notification cancel or vary any notification
issued under sub-section (1).
(3) Where any restriction or condition specified under sub-section (1) is
contravened or is not observed by a person or a declaration furnished under
sub-section (1) is found to be wrong then such person shall be liable to pay
by way of penalty an amount equal to twice the difference between the fee
payable at the rates specified by or under the Act and the fee paid at the
rates specified under the notification on the consideration in respect of
which such contravention or non-observance has taken place or a wrong
declaration is furnished:
Provided that, before taking action under sub-section (1), the person shall be
given a reasonable opportunity of being heard.
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(4) For the removal of doubts it is hereby declared that, the levy of imposts,
assessment and collection of fee or penalty under the Act as amended by the
Karnataka Municipal Corporations and Certain Other Law (Amendment) Act,
2021 or any rules, notification, order, letter or guidelines shall be deemed to
have always been levied and collected as levy of imposts.
240C. Validation of levy and collection of fees.- Notwithstanding
anything contained in any judgment, decree or order of any Court, Tribunal
or other authority to the contrary, levy, assessment and collection of any
amount as fee or penalty for sanctioning Building plan, Commencement
Certificate, made or purporting to have been made under section 240A,
section 246 and any action initiated or done, including any notices or orders
issued or assessment made and all proceedings held and any levy and
collection of fee or amount purported to have been collected by way of fee or
penalty in relation to such levy, assessment or collection, under the
provisions of the Bruhat Bengaluru MahanagaraPalike Act, 2020 (Karnataka
Act 53 of 2020) or any rules, notification, order, letter or guidelines, before
the commencement of the Karnataka Municipal Corporations and Certain
Other Law (Amendment) Act, 2021 shall be and shall be deemed to be valid
and effective for all purposes, as if such levy, assessment or collection or
action had been made, taken or done under the Bruhat Bengaluru
MahanagaraPalike Act, 2020 (Karnataka Act 53 of 2020) as amended by the
Karnataka Municipal Corporations and Certain Other Law (Amendment) Act,
2021 and accordingly,-
(d) all acts, proceedings or things done or any action taken by the
Government or the Bruhat Bengaluru MahanagaraPalike officers as the
case may be in connection with the levy, assessment or collection of any
amount as fee for all purposes be deemed to be and to have always been
made, done or taken in accordance with law;
(e) no suit or other proceeding shall be maintained or continued in any
Court or Tribunal or before any authority for the refund of any such fee;
and
(f) no Court shall enforce any decree or order directing the refund of any
such fee.”
4. Repeal and savings.-(1) The Karnataka Municipal Corporations and
Certain Other Law (Amendment) Ordinance, 2021 (Karnataka Ordinance 08 of
2021) is hereby repealed.
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(2) Notwithstanding such repeal, anything done or any action taken under
the principal Act, as amended by the said Ordinance, shall be deemed to have been
done or taken under the Principal Act, as amended by this Act.
By Order and in the name of
the Governor of Karnataka,
G. SRIDHAR
Secretary to Government
Department of Parliamentary Affairs
and Legislation
KARNATAKA ACT NO. 29 OF 2022
(First published in the Karnataka Gazette Extra-ordinary on the 11
th
day of October, 2022)
THE BRUHAT BENGALURU MAHANAGARA PALIKE (AMENDMENT) ACT,
2022
(Received the assent of the Governor on the 11th day of October, 2022)
An Act further to amend the Bruhat Bengaluru Mahanagara Palike Act,
2020.
Whereas it is expedient to amend the Bruhat Bengaluru Mahanagara Palike
Act, 2020 (Karnataka Act 53 of 2020) for the purposes hereinafter appearing;
Be it enacted by the Karnataka State Legislature in the seventy third year of
the Republic of India as follows:-
1. Short title and commencement.- (1) This Act may be called the Bruhat
Bengaluru Mahanagara Palike (Amendment) Act, 2022.
(2) It shall be deemed to have come into force with effect from the 10th day of
June, 2022.
2. Amendment of section 7.- In the Bruhat Bengaluru Mahanagara Palike
Act, 2020 (Karnataka Act 53 of 2020) (hereinafter referred to as the Principal Act) in
section 7, in sub section (3),-
(i) after clause (c), the following shall be inserted, namely:-
“(d) Such number of seats which shall as nearly as may be, one third of the
total number of seats to be filled by direct election in the Corporation shall
be reserved for persons belonging to the Backward Classes.”; and
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(ii) in the proviso, for the words, figure and brackets “under sub-section (2)
and the Backward Classes under this sub-section shall not exceed one third of the
total number of seats in the Corporation”, the words “and the Backward Classes
under this sub-section shall not exceed fifty percent of the total number of seats in
the Corporation” shall be substituted.
3. Amendment of section 8.- In the Principal Act, in section 8, in sub-
section (3), in the first proviso, for the words, figure and brackets “under sub-
section (3) and the Backward Classes under this sub-section shall not exceed one
third of the total number of seats in the Corporation”, the words, figures and
brackets “and the Backward Classes under sub-sections (2) and (3) shall not
exceed fifty percent of the total number of seats in the Corporation” shall be
substituted.
4. Repeal and savings.- (1) The Bruhat Bengaluru Mahanagara Palike
(Amendment) Ordinance, 2022 (Karnataka Ordinance 05 of 2022) is hereby
repealed.
(2) Notwithstanding such repeal, anything done or any action taken under
the Principal Act, as amended by the said Ordinance, shall be deemed to have been
done or taken under the Principal Act, as amended by this Act.
The above translation of the Bruhat Bengaluru Mahanagara Palike
(Amendment) Act, 2022 (Karnataka Act 29 of 2022) shall be authoritative text in
English language under clause (1) of Article 348 of the Constitution of India.
THAAWARCHAND GEHLOT
GOVERNOR OF KARNATAKA
By Order and in the name of
the Governor of Karnataka,
G. SRIDHAR
Secretary to Government
Department of Parliamentary Affairs
and Legislation
167
KARNATAKA ACT NO. 12 OF 2023
(First published in the Karnataka Gazette Extra-ordinary on the 10
th
day of March, 2023)
THE BRUHAT BENGALURU MAHANAGARA PALIKE (AMENDMENT) ACT,
2023
(Received the assent of the Governor on the 10th day of March, 2023)
An Act further to amend the Bruhat Bengaluru Mahanagara Palike Act,
2020.
Whereas it is expedient to amend the Bruhat Bengaluru Mahanagara Palike
Act, 2020 (Karnataka Act 53 of 2020) for the purposes hereinafter appearing;
Be it enacted by the Karnataka State Legislature in the seventy fourth year
of the Republic of India as follows:-
1. Short title and commencement.- (1) This Act may be called the Bruhat
Bengaluru Mahanagara Palike (Amendment) Act, 2023.
(2) It shall come into force at once.
2. Amendment of section 144.- In the Bruhat Bengaluru Mahanagara
Palike Act, 2020 (Karnataka Act 53 of 2020) (hereinafter referred to as the Principal
Act), in section 144, in sub-section (6) the words, “double the tax payable which
shall be” shall be omitted.
3. Amendment of section 152.- In the Principal Act, in section 152, in sub-
section (1), in clause (i), for sub-clause (b), the following shall be substituted,
namely:-
“(b) the educational institutions established for the purpose of education,
recognized by the Government or Local Authority.”
The above translation of the Bruhat Bengaluru Mahanagara Palike
(Amendment) Act, 2023 (Karnataka Act 12 of 2023) shall be authoritative text in
English language under clause (1) of Article 348 of the Constitution of India.
THAAWARCHAND GEHLOT
GOVERNOR OF KARNATAKA
By Order and in the name of
the Governor of Karnataka,
G. SRIDHAR
Secretary to Government
Department of Parliamentary Affairs
and Legislation
168
KARNATAKA ACT NO. 17 OF 2024
(First published in the Karnataka Gazette Extra-ordinary on the 7
th
day of March, 2024)
THE BRUHAT BENGALURU MAHANAGARA PALIKE (AMENDMENT) ACT,
2024
(Received the assent of the Governor on the 6th day of March, 2024)
An Act further to amend the Bruhat Bengaluru Mahanagara Palike Act,
2020.
Whereas it is expedient to amend the Bruhat Bengaluru Mahanagara
Palike Act, 2020 (Karnataka Act 53 of 2020) for the purposes hereinafter
appearing;
Be it enacted by the Karnataka State Legislature in the seventy fifth
year of the Republic of India as follows:-
1. Short title and commencement.- (1) This Act may be called the
Bruhat Bengaluru Mahanagara Palike (Amendment) Act, 2024.
(2) It shall come into force at once.
2. Amendment of section 81.- In the Bruhat Bengaluru Mahanagara
Palike Act, 2020 (Karnataka Act 53 of 2020) (hereinafter referred to as the
Principal Act) in section 81, in sub-section (1), clause (d) shall be omitted.
3. Amendment of section 102.- In the Principal Act, in section 102,
in sub-section (1), the words “and appeals” shall be omitted.
4. Amendment of section 142.- In the Principal Act, in section 142,
sub-sections (2) and (3) shall be omitted.
5. Amendment of section 143.- In the Principal Act, in section 143,-
(i) in sub-section (1), after clause (c), the following shall be inserted
namely:-
“(d) Collect such other cesses, along with the property tax, as may be
prescribed by the Government to be collected under any other law in force
and whose proceeds are required to come to the Corporation or otherwise.”
(ii) for sub-section (2), the following shall be substituted, namely:-
169
“(2) All monies collected in the form of cess or otherwise shall be
credited to a separate head of account and shall be known as the respective
cess fund or by the name of the tax or the levy under which it is collected.”
(iii) in sub-section (3), for the word “accessed”, the word “assessed”
shall be substituted.
(iv) in sub-section (4), for the words “before the tribunal”, the words
“to the prescribed authority” shall be substituted.
6. Amendment of section 144.- In the Principal Act, in section 144,-
(i) in sub-section (1), for the words “taxable annual value”, the words
“taxable capital value” shall be substituted.
(ii) for sub-section (5), the following shall be substituted namely:-
“(5) The property tax shall be levied by the Bruhat Bengaluru
Mahanagara Palike by a resolution passed at such percentage not more than
ten percent of the taxable capital value of a building, vacant land or both.
The taxable capital value of a building, vacant land or both shall be
calculated by multiplying the corresponding “unit area value” with the total
built-up area of a building, vacant land or both for ten months, minus the
depreciation of three percent per year depending on the age of a building.
The property tax assessed and levied under this section, once notified by the
Government, shall stand revised as and when the property, building or land
value is revised by a notification under section 45B of the Karnataka Stamp
Act, 1957 (Karnataka Act 34 of 1957) by the Government.
Explanation: For the purpose of this section, “Unit Area Value” means
the guidance value of the property or the land published under section 45B
of the Karnataka Stamp Act, 1957 (Karnataka Act 34 of 1957) and with
respect to the building standing on a plot it shall mean the value of building
as may be assessed based on the per square foot construction cost minus
the depreciation at the time of assessment:
Provided that, no such “unit area value” shall come into force unless it
is previously published in the official Gazette for the information of the
persons likely to be affected and an opportunity is provided to make
representation or suggestions, if any, in this regard:
Provided further that, subject to such condition and in such
circumstances as may be notified, the Chief Commissioner, Bruhat
Bengaluru Mahanagara Palike, may, in lieu of the tax under sub-section (2),
170
fix any lumpsum amount as annual tax, irrespective of zonal classification,
in respect of,-
(a) a built-up area having less than 300 sq.ft., in a slum area declared
as such by the Karnataka Slum Clearance Board or the Chief
Commissioner, Bruhat Bengaluru Mahanagara Palike;
(b) an area used as parking area in a non-residential building and
being charged for its use by the owner or the occupier: and
(c) any other class of building or structure as he deems fit.
Provided also that, the depreciation shall be capped at a maximum of
sixty percent.
Provided also that, the vacant land shall be assessed at a rate not less
than 0.025 percent (rupees twenty five per lakh) and not more than five
percent of the taxable capital value of the land.
Provided also that, after the taxable capital value based property tax
system is brought into force and there is no revision of the values of the
properties or land under section 45B of the Karnataka Stamp Act, 1957
(Karnataka Act 34 of 1957) in a year, the property tax shall stand enhanced
by five percent every such year.
Provided also that, as and when the Government notifies value of land
and building under section 45B of Karnataka Stamp Act, 1957 (Karnataka
Act 34 of 1957) the revised property tax rates based on the new revised
value of properties or land shall be calculated and compared with the
prevailing property tax rates and the higher of the two shall be adopted.”
(iii) in sub-section (8), the third proviso shall be omitted.
(iv) in sub-section (11), the words “unit area value and” shall be
omitted.
(v) in sub-section (12), the word, “random” shall be omitted.
(vi) in sub-section (13), the word, “random” shall be omitted.
(vii) in sub-section (15),-
(a) the word, “random” shall be omitted; and
(b) for clause (b), the following shall be substituted, namely:-
“(b) if any property or land is liable to pay property tax but remains
un-assessed and outside the taxable property records list or upon
171
reassessment, the property tax is found more than five percent than the tax
remitted, the evaded tax shall be payable together with penalty equal to the
tax so evaded along with interest for the difference in tax paid and payable
calculated at nine percent per annum.
Illustration: If payable tax is rupees 150 for the year 2021 but actual
property tax paid is rupees 100 then evaded tax amount is rupees 50. If the
payment is happening on 23rd December 2023, then the following shall be
payable –
(i) Evaded Property Tax Amount = Rs 50/-
(ii) Penalty for evasion = Rs 50/-
(iii) 9% interest on the evaded property tax of Rs 50/- shall be
calculated as follows –
(c) 9% interest on Rs 25/- which is 50% of Rs 50/-, from 31st May
2021 until date of payment; and
(d) 9% interest on the rest Rs 25/- which is 50% of Rs 50/-, from 30th
November 2021 until date of payment.
This provision shall also apply with respect to the unpaid demand
where demands are already issued but for which the concerned person has
not paid the demanded dues:
Provided that the payments already made as per previous provision
shall not be refunded nor adjusted against future liabilities.
Provided further that the penalty payable by residential properties
which have tiled or sheet roof (non-RCC) and is not more than 1000 Sq Ft,
have only the ground floor and is self-occupied, shall be 25% of the evaded
tax.
Provided also that no penalty shall be payable by residential properties
which are hutments, Government housing for poor, houses declared as slum
by the Karnataka Slum Development Board or by Bruhat Bengaluru
Mahanagara Palike, where such houses are self-occupied and have an area
less than 300 square feet.
Provided also that in case of properties which are in the Property tax
registers but fail to pay the property tax, by end of the financial year in
which the tax becomes due, shall, for the twelve months after the end of the
financial year in which the tax became due, pay an interest at a rate of 15%
per annum on the unpaid tax, calculated until the date when the tax is paid.
172
Provided also that after end of said twelve months that is from second
year after the end of the financial year in which the tax became due, any tax
still unpaid shall pay a penalty equal to the unpaid tax plus the unpaid tax
with interest on the unpaid tax at a rate of 9% per annum.
Provided also that in case of existing defaulters the said twelve month
period shall be deemed to start from 1.4.2024 and any tax out of the said
dues still unpaid as on 1.4.2025, shall pay a penalty equal to the unpaid tax
plus the unpaid tax with interest on the unpaid tax at a rate of nine percent
per annum thereafter.
Provided also that as a one-time measure, in order to bring all the tax
defaulters, un-assessed properties and those liable for reassessment up-to-
date with respect to their tax payments, the interest otherwise liable to be
paid under this section for unpaid or reassessed tax, shall be exempted for
the payments made until 31st July 2024.
Provided that this provision shall be applicable prospectively.
(viii) for sub-section (16), the following shall be substituted namely:-
“(16) The assessment of un-assessed properties or the reassessment of
the properties already paying the property tax under this section may be
made at any time when evasion is noticed or justified circumstances arise
for the same:
Provided that in case of residential properties and the properties with
a single ID in the Property Tax registers of the Bruhat Bengaluru Mahanagar
Palike which have mixed use as residential and non-residential, the arrears
of the property tax for the under-assessed or un-assessed properties, the
applicable penalties and the interest payable, shall be limited to five years
even if the un-assessment or the under-assessment of property tax exceeds
five years”
(ix) in sub-section (18), words “unit area value” shall be omitted.
7. Amendment of section 148.- In the Principal Act, section 148
shall be omitted.
8. Amendment of section 149.- In the Principal Act, in section 149,-
(i) in sub-section (1), the following proviso shall be inserted at the end,
namely:-
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“Provided that, in case of transactions registered under the
Registration Act, 1908 (Central Act 16 of 1908) where such information is
received from the concerned Sub Registrar, it shall not be mandatory to
notify such a transfer by the person primarily liable for payment of property
tax.”
(ii) for sub-section (3), the following shall be substituted, namely:-
“(3) Whenever such transfer comes to the knowledge of the Chief
Commissioner or authorised officer through such notice or otherwise, the
name of the transferee shall be entered in the property tax register.
(iii) sub-section (5) and entries relating thereto shall be omitted.
(iv) in sub-section (6), for the words, “without consulting the Board or
local authority concerned”, the words “without confirmation of order of
transfer of such a building or land by the said Board or local authority
concerned” shall be substituted.
9. Amendment of section 150.- In the Principal Act, in section 150,-
(i) for the words “three years”, the words “five years” shall be
substituted.
(ii) the following proviso shall be inserted at the end, namely:-
“Provided that no such limitation shall apply in case such a wrongful
or incorrect entry is made with respect to a Government land or a land
belonging to any local body, any statutory body or an organization owned or
controlled by the Government.”
10. Amendment of section 156.- In the Principal Act, in section
156,-
(i) in sub-section (1), for the word and figures “section 148”, the
numbers and word “section 144” shall be substituted.
(ii) in sub-section (3), the following provisos shall be inserted at the
end, namely:-
“Provided that any person seeking to file an appeal shall deposit fifty
percent of the demanded amount with the Corporation.
Provided further that in case of appeal being successful resulting in
refund either in part or in full of the already deposited amount, the same
shall be immediately refunded by the Corporation or adjusted against any
174
other pending or future property taxes or penalties or cesses or interest or
other levies.”
(iii) the following shall be inserted after sub-section (3) and the
provisos so inserted above, namely:-
“(4) If the person to whom a notice of demand has been served under
sub-section (1) does not pay the tax within thirty days from the service of
such demand, in the absence of any stay issued by the Appellate Authority
on the demand notice, the Chief Commissioner may recover by distraint
under his warrant and sale of such movable property of the defaulter or if
the defaulter is the occupier of the building by distress and sale of any
movable property which may be found in or on such building or land, the
amount due on account of tax together with the warrant fee and distraint fee
and with such further sums as will satisfy the probable charges, that may
be incurred in connection with the detention and of the sale of property so
distrained.
(5) If, for any reason the distraint, or a sufficient distraint of the
defaulter's property cannot be effected, the Chief Commissioner may attach
the bank account or the immovable property of the defaulter in such
manner as may be prescribed, till the recovery of the property tax due:
Provided that in case of non-payment of the demanded dues even after
sixty days from the date of attachment of the immovable properties, the
same may be recovered by the distress sale of the immovable properties so
attached. In doing so the demand dues together with the warrant fee and
with such further sums as will satisfy the probable charges that may be
incurred in connection with distress sale of the immovable property so
attached.
Provided further that the Chief Commissioner may prosecute the
defaulter before a competent court.”
11. Amendment of section 157.- In the Principal Act, in section
157,-
(i) for the second proviso, the following shall be substituted, namely:-
“Provided further that no fee shall be levied under this section on any
advertisement or a notice,-
(a) of a public meeting, or corporation of the city, or
175
(b) of an election to any legislative body, or
(c) of a candidature in respect of such an election:
in case the said advertisement or notice is within the maximum permissible
size prescribed therefor. In case the advertisement or the notice exceeds the
prescribed size, then such advertisement or notice shall be liable for
payment of prescribed advertisement fee.”
(ii) in the third proviso, for clause (e), the following shall be substituted
namely:-
“(e) is exhibited with in any train;”
(iii) after Explanation-3, the following proviso shall be inserted,
namely:-
“Provided that in case of advertisement that is liable to pay
advertisement fee and/or penalty, whether authorized or unauthorized, but
delays to pay the fee, he shall be liable to pay, in addition to the fee, and/or
penalty, an interest thereon at a rate of eighteen percent per annum
calculated from the date of advertisement fee or penalty becoming due until
the date of payment thereof.
Provided further that any unauthorized advertisement shall be liable
to pay a penalty as may be specified in the bye-laws.”
12. Amendment of section 161.- In the Principal Act, in section 161,
the following shall be inserted at the end, namely:-
“Any dues as per prescribed advertisement fees may be assessed,
demand and show cause notices thereon issued and recoveries made,
mutatis mutandis, as per manner provided for issuance of show cause
notice, demand notice and the recovery of demand for the property tax
under this Act:
Provided that for unauthorized advertisements the cost of removal
thereof, in addition to other provisions, the same may be recovered by the
seizure and sale of the unauthorized advertisement materials.”
13. Amendment of section 162.- In the Principal Act, for section
162, the following shall be substituted, namely:-
“162. Collection of fees on advertisement.- The collection of any fee
on advertisement leviable under section 158 for any period may be assigned
to a suitable agency for a period not exceeding one year at a time on such
terms and conditions as may be specified for in the bye-laws and in due
176
compliance of the provisions of the Karnataka Transparency of Public
Procurement Act, 1999 (Karnataka Act 29 of 2000) and the rules made
thereunder.”
14. Amendment of section 171.- In the Principal Act, for section
171, the following shall be substituted, namely:-
“171. Appeal.- Any person aggrieved by the order of re-assessment by
the Chief Commissioner may appeal to an authority and the procedure
including the time limit shall be so prescribed:
Provided that the appeal shall not be admitted unless the appellant
deposits at least fifty percent of the re-assessed or assessed fee to the
Corporation.
Provided further that in case of appeal being successful resulting in
refund either in part or in full of the already deposited amount, the same
shall be immediately refunded by the Corporation or adjusted against any
other pending or future fees or taxes or penalties or cesses or interest or
other levies.”
15. Amendment of section 172.- In the Principal Act, in section 172,
for sub-sections (2) and (3), the following shall be substituted, namely:-
“(2) Any person against whom a demand for payment of tax has been
issued, may challenge such demand before the prescribed authority in
accordance with such rules as may be prescribed.
(3) If the person fails to pay tax within the time period provided for
under sub-section (1) and sub-section (2), the prescribed authority may
order the recovery of the tax by the Corporation as an arrears of land
revenue in a manner and procedure prescribed for recovery of property tax
including distraint of moveable properties, attachment of bank accounts and
immovable properties and distress sale of the immovable properties under
this Act.”
16. Amendment of section 178.- In the Principal Act, in section 178,
the words “within six years from the date on which such person should have
been assessed” shall be omitted.
17. Amendment of section 179.- In the Principal Act, the section
179 shall be omitted.
18. Insertion of new section 249A.- In the Principal Act, after
section 249, the following shall be inserted, namely:-
177
249A. Exercise of powers by a corporation to be in conformity
with the provisions of the Karnataka Town and Country Planning Act,
1961.- Notwithstanding anything contained in this Act, a corporation or
any officer or other authority required by or under this Act to exercise any
power, or perform any function or discharge any duty,-
(i) with regard to any matter relating to land use or development as
defined in the Explanation to section 14 of the Karnataka Town and Country
Planning Act, 1961, shall exercise such power, or perform such function or
discharge such duty with regard to such land use or development plan or
where there is no development plan, with the concurrence of the Planning
Authority;
(ii) shall not grant any permission, approval or sanction required by or
under this Act to any person if it relates to any matter in respect of which
compliance with the provisions of the Karnataka Town and Country
Planning Act, 1961 is necessary unless evidence in support of having
complied with the provisions of the said Act is produced by such person to
the satisfaction of the corporation or the officer or other authority, as the
case may be.
The above translation of the Bruhat Bengaluru Mahanagara Palike
(Amendment) Act, 2024 (Karnataka Act 17 of 2024) be published in the
official Gazette under clause (3) of Article 348 of the Constitution of India.
THAAWARCHAND GEHLOT
GOVERNOR OF KARNATAKA
By Order and in the name of
the Governor of Karnataka,
G. Sridhar
Secretary to Government
Department of Parliamentary Affairs
and Legislation
KARNATAKA ACT NO.37 OF 2024
(First Published in the Karnataka Gazette Extra-ordinary on the 16th day of August
2024)
THE BRUHAT BENGALURU MAHANAGARA PALIKE AND CERTAIN OTHER LAW
(AMENDMENT) ACT, 2023
(Received the assent of the Governor on the 15th day of August 2024)
178
An Act further to amend the Bruhat Bengaluru Mahanagara Palike Act, 2020
and the Karnataka Municipal Corporations Act, 1976.
Whereas it is expedient further to amend the Bruhat Bengaluru Mahanagara
Palike Act, 2020 (Karnataka Act 53 of 2020) and the Karnataka Municipal
Corporations Act, 1976 (Karnataka Act 14 of 1977) for the purposes hereinafter
appearing;
Be it enacted by the Karnataka State Legislature in the seventy fourth year
of the Republic of India as follows:-
1. Short title and commencement.- (1) This Act may be called the Bruhat
Bengaluru Mahanagara Palike and Certain Other Law (Amendment) Act, 2023.
(2) The provisions of sections 2 and 3 shall deemed to have come into force
with effect from 11.01.2021 and 04.09.2015 respectively.
2. Amendment of the Karnataka Act 53 of 2020.- In the Bruhat
Bengaluru Mahanagara Palike Act, 2020 (Karnataka Act 53 of 2020),-
(i) In section 2,-
(a) after clause (26), the following shall be inserted, namely:-
“(26A) “Ground rent” means to include fee for usage of public roads
and other infrastructure facilities provided and maintained by
the Bruhat Bengaluru Mahanagara Palike and debris generated,
during the period of construction, but this shall not give the
right to occupy public road and footpath;
(26B) “Guidance Value” means market value of the vacant site as
specified under section 45B of the Karnataka Stamp Act, 1957
(Karnataka Act 34 of 1957);”
(b) after clause (49), the following shall be inserted, namely:-
“(49A) "Scrutiny fee” means fee collected to meet the establishment
charges for processing the application for permitting building
construction;”
(ii) In Chapter XIII, in the heading, after the word “Taxes”, the words and
punctuations “Fee, Levy, Charge and Demand” shall be inserted.
(iii) In section 142,-
(A) in the heading, after the word “Taxes”, the words and punctuations
“Fee, Levy, Charge and Demand or by whatever name it may be
called,” shall be inserted.
(B) in sub-section (1),-
(a) for the words “taxes at rates”, the words and punctuations
“taxes, fee, levy, charge, demand or by whatever name it may be
called, at such rates” shall be substituted.
(b) after clause (d), the following shall be inserted, namely:-
“(d-i) any fee or levy or demand or charge for permitting building
constructions.”
179
(iv) In section 240A, in sub-section (3), in clause (A), for sub-clauses (a), (b),
(c), (d), (e) and (f), the following shall be substituted, namely:-
“(a) fee for issuance of license at such rate not exceeding 0.30 percent of
guidance value of the vacant site under section 45B of the Karnataka
Stamp Act, 1957 (Karnataka Act 34 of 1957) multiplied by the
proposed built up area;
(b) fee for maintenance of public roads or storing of construction material
in public places during construction viz. ground rent at such rate not
exceeding 0.25 percent of guidance value of the vacant site under
section 45B of the Karnataka Stamp Act, 1957 (Karnataka Act 34 of
1957) multiplied by the proposed built up area;
(c) security deposit as specified in the zoning regulation for ensuring that
the construction is in accordance with the plan sanctioned;
(d) fee for commencement certificate at such rate not exceeding 0.20
percent of guidance value of the vacant site under section 45B of the
Karnataka Stamp Act, 1957 (Karnataka Act 34 of 1957) multiplied by
the proposed plinth area;
(e) fee for completion certificate at such rate not exceeding 1.0 percent of
guidance value of the vacant site under section 45B of the Karnataka
Stamp Act, 1957 (Karnataka Act 34 of 1957) multiplied by the
proposed built up area;
(f) such other fee as specified by the Government from time to time
under this Act and the Karnataka Town and Country Planning Act,
1961 (Karnataka Act 11 of 1963) and the rules made there under;
(g) scrutiny fee at such rate not exceeding 0.10 percent of guidance value
of the vacant site under section 45B of the Karnataka Stamp Act,
1957 (Karnataka Act 34 of 1957) multiplied by the proposed built up
area;
(h) penalty imposed at the time of issuance of completion certificate for
not obtaining commencement certificate at the commencement of the
construction at such rate not exceeding 0.25 percent of guidance
value of the vacant site under section 45B of the Karnataka Stamp
Act, 1957 (Karnataka Act 34 of 1957) multiplied by constructed built
up area;
(i) penalty for regularisation of violated or deviated portion of
construction up to the extent allowed under the Act at such rate not
exceeding 35 percent of the guidance value of site under section 45B
of the Karnataka Stamp Act, 1957 (Karnataka Act 34 of 1957) for the
violated portion; and
(j) such other fee as nay be specified by the Government from time to
time.”
3. Amendment of the Karnataka Act 14 of 1977.- In the Karnataka
Municipal Corporations Act, 1976 (Karnataka Act 14 of 1977),-
(i) In section 2,-
(a) after clause (13), the following shall be inserted, namely:-
“(13A) “Ground rent” means to include fees for usage of public roads
and other infrastructure facilities provided and maintained by
180
the Corporation and debris generated, during the period of
construction, but this shall not give the right to occupy public
road and footpath;
(13B) “Guidance Value” means market value of the vacant site as
specified under section 45B of the Karnataka Stamp Act, 1957
(Karnataka Act 34 of 1957);”
(b) after clause (37), the following shall be inserted, namely:-
“(37A) "Scrutiny fee” means fee collected to meet the establishment
charges for processing the application for permitting building
construction;”
(ii) In Chapter XV, in the heading, after the word “powers”, the words
“including Town Planning” shall be inserted.
(iii) In section 299A, in sub-section (2),-
(a) after the words “the guidance value”, the words “of vacant plot” shall
be inserted.
(b) for sub-clauses (a), (b), (c), (d), (e), (f), (g), (h) and (i), the following
shall be substituted, namely:-
“(a) fee for issuance of license at such rate not exceeding 0.30
percent of guidance value of vacant site under section 45B of the
Karnataka Stamp Act, 1957 (Karnataka Act 34 of 1957)
multiplied by proposed built up area;
(b) scrutiny fee of the building for which licence granted, at such
rate not exceeding 0.10 percent of guidance value of the
vacant site under section 45B of the Karnataka Stamp Act,
1957 (Karnataka Act 34 of 1957) multiplied by proposed built
up area;
(c) fee for maintenance usage of public roads, storing of
construction materials in public places and other
infrastructure facilities provided and maintained by the
Corporation and the debris generated, during the period of
construction viz. ground rent, at such rate not exceeding 0.25
percent of guidance value of the vacant site under section 45B
of the Karnataka Stamp Act, 1957 (Karnataka Act 34 of 1957)
multiplied by proposed built up area;
(d) security deposit as specified in zoning regulation for ensuring
that the construction is in accordance with the plan
sanctioned;
(e) fee for commencement certificate at such rate not exceeding
0.20 percent of guidance value of the vacant site under section
45B of the Karnataka Stamp Act, 1957 (Karnataka Act 34 of
1957) multiplied by the proposed plinth area;
(f) fee for occupancy certificate at such rate not exceeding 1.0
percent of guidance value of the vacant site under section 45B
of the Karnataka Stamp Act, 1957 (Karnataka Act 34 of 1957)
multiplied by the proposed built up area;
181
(g) penalty imposed at the time of issuance of occupancy certificate
for not obtaining commencement certificate at the
commencement of the construction, at such rate not exceeding
0.25 percent of guidance value of the vacant site under section
45B of the Karnataka Stamp Act, 1957 (Karnataka Act 34 of
1957) multiplied by constructed built up area;
(h) penalty for regularization up to 5 percent of violation or
deviation in the construction with respect to the sanctioned
plan or Zonal regulations limit specified at such rate not
exceeding 35 percent of guidance value of the vacant site
under section 45B of the Karnataka Stamp Act, 1957
(Karnataka Act 34 of 1957) multiplied by the violated portion;
and
(i) such other fee as specified by the Government from time to
time under this Act and the Karnataka Town and Country
Planning Act, 1961 (Karnataka Act 11 of 1963) and the rules
made there under.”
4. Validation of Levy and collection of tax, cess, fee etc.-
Notwithstanding anything contained in any judgment, decree or order of any Court,
Tribunal or other authority to the contrary levy, assessment or collection of any
amount as tax, cess, fee etc. on building, vacant plot etc., tax, cess, fee etc. made
or purporting to have been made and any action or thing taken or done (including
any notices or orders issued or assessment made) and all proceedings held and any
levy and collection of tax, cess, fee etc. purported to have been collected by way of
tax, cess, fee etc. in relation to such levy assessment or collection under the
provisions of the Principal Acts or any rules, notification, order, guidelines or letters
before the commencement of the Bruhat Bengaluru Mahanagara Palike and Certain
Other Law (Amendment) Act, 2023 shall be and shall be deemed to be valid and
effective for all purposes as if such levy, assessment or collection or action or thing
had been made, taken or done under the Principal Acts as amended by the Bruhat
Bengaluru Mahanagara Palike and Certain Other Law (Amendment) Act, 2023 and
accordingly,-
(a) all acts, proceedings or things done or any action taken by the
Government or the officers of the Corporation, as the case may be, in connection
with the levy, assessment or collection of any amount as fee for all purposes be
deemed to be and to have always been made, done or taken in accordance with law;
(b) no suit or other proceeding shall be maintained or continued in any Court
or Tribunal or before any authority for the refund of any such fee; and
(c) no Court shall enforce any decree or order directing the refund of any
such fee.”
The above translation of ಬೃಹತ್ ಬಂಗಳೂರುಮಹಾನಗರಪಾಲಿಕೆ ಮತ್ತತ ಕೆಲವು
ಇತ್ರ ರ್ಕನೂನ್ನ (ತಿದುು ಡಿ) ಅಧಿನಿಯಮ, 2023 (2024ರ ಕನಾಟಕ ಅಧಿನಿಯಮ ಸಂಖೆ್ಯ : 37) be
published in the official Gazette under Article 348 of the constitution of India.
182
THAAWARCHAND GEHLOT
GOVERNOR OF KARANATAKA
By Order and in the name of
the Governor of Karnataka,
G. SRIDHAR
Secretary to Government
Department of Parliamentary
Affairs and Legislation
KARNATAKA ACT NO. 07 OF 2025
(First published in the Karnataka Gazette Extra-ordinary on the 10
th
day of January, 2025)
THE BRUHAT BENGALURU MAHANAGARA PALIKE (SECOND AMENDMENT) ACT, 2024
(Received the assent of the Governor on the 9th day of January, 2025)
An Act further to amend the Bruhat Bengaluru Mahanagara Palike Act, 2020.
Whereas it is expedient to amend the Bruhat Bengaluru Mahanagara Palike Act,
2020 (Karnataka Act 53 of 2020) for the purposes hereinafter appearing;
Be it enacted by the Karnataka State Legislature in the Seventy fifth year of the
Republic of India as follows:-
1. Short title and commencement.- (1) This Act may be called the Bruhat
Bengaluru Mahanagara Palike (Second Amendment) Act, 2024.
(2) It shall be deemed to have come into force with effect from 24th day of September,
2024.
2. Amendment of section 144.- In the Bruhat Bengaluru Mahanagara Palike Act,
2020 (Karnataka Act 53 of 2020), in section 144,-
(i) in sub-section (8), the following proviso shall be inserted at the end, namely:-
“Provided also that, the person primarily liable to pay the property tax may, at any
time subsequent to filing of the return and payment of the property tax, suo-motu revise his
own return upwards thereby resulting in more property tax payment to the Corporation, the
said revision shall be liable to the same interest and penalty as is applicable for the revision
done under sub-section (15) by the Corporation. The revised return shall be treated as the
return by the property tax payer and the Corporation reserves the right to revise it under
sub-section (15).”
183
(ii) in sub-section (15), in clause (b), for the seventh proviso, the following shall be
substituted namely:-
“Provided also that, as a one-time measure, in order to bring all the tax defaulters,
un-assessed properties and those liable for re-assessment up-to-date with respect to their
tax payments, there shall be following relaxations for the payments made until 30th
November 2024, towards the unpaid tax, the un-assessed property and the property paying
for re-assessment, namely:-
(iii) the penalty payable shall be rupees one hundred per year; and
(iv) the interest payable shall be waived off.
Provided also that, the properties which have already availed the benefits of one time
measure under this clause before the commencement of the Bruhat Bengaluru Mahanagara
Palike (Second Amendment) Act, 2024, shall also be eligible for above relaxations and any
excess penalty paid by such properties shall be readjusted against any outstanding demand
or future demand of the Corporation on the same property or the same owner.”
3. Repeal and savings.- (1) The Bruhat Bengaluru Mahanagara Palike (Amendment)
Ordinance, 2024 (Karnataka Ordinance No. 01 of 2024) is hereby repealed.
(2) Notwithstanding such repeal anything done or any action taken under the
Principal Act, as amended by the said Ordinance, shall be deemed to have been done or
taken under the Principal Act, as amended by this Act.
The above translation of ಬೃಹತ್ ಬಂಗಳೂರು ಮಹಾನಗರಪಾಲಿಕೆ (ಎರಡನೇ ತಿದುು ಡಿ)
ಅಧಿನಿಯಮ, 2024 (Karnataka Act 07 of 2025) be published in the official Gazette under
Article 348 of the Constitution of India.
THAAWARCHAND GEHLOT
GOVERNOR OF KARNATAKA
By Order and in the name of
the Governor of Karnataka,
G. SRIDHAR
Secretary to Government
Department of Parliamentary Affairs
and Legislation
184
KARNATAKA ACT NO.34 OF 2025
(First published in the Karnataka Gazette Extra-ordinary on the 15
th
day of April, 2025)
THE BRUHAT BENGALURU MAHANAGARA PALIKE (AMENDMENT) ACT,
2025
(Received the assent of the Governor on the 10thday of April, 2025)
An Act further to amend the Bruhat Bengaluru MahanagaraPalike Act,
2020(Karnataka Act 53 of 2020).
Whereas it is expedient further to amend the Bruhat Bengaluru
Mahanagara Palike Act, 2020 (Karnataka Act No.53 of 2020) for the
purposes hereinafter appearing;
Be it enacted by the Karnataka State Legislature in the Seventy sixth
year of the Republic of India as follows:-
1. Short title and commencement.- (1) This Act may be called the
Bruhat Bengaluru Mahanagara Palike (Amendment) Act, 2025.
(2) It shall come into force at once.
2. Substitution of section 225.-In the Bruhat Bengaluru
Mahanagara Palike Act, 2020 (Karnataka Act No. 53 of 2020) (hereinafter
referred to as the Principal Act) for section 225, the following shall be
substituted, namely:-
“225. Power to declare any street as public street.- (1) If a private
street including the drains are in such a poor condition that endangers
public safety and health, the Zonal Commissioner may, with respect to a
private street, on his own accord or upon a request by the owners of the said
private street or the owners of the buildings and lands fronting or abutting
on such a street, by a public notice and notice to such owners, inform his
intention to declare the said private street or part thereof, a public street.
Thereupon, such owners or anyone else interested, may give objections, if
any, regarding the said intention within one month of the date of service of
such the public notice by affixture. Upon considering the objections if any,
the Zonal Commissioner may, declare such street or part the street to be a
public street:
Provided that, in case the private street falls in more than one Zone
then the concerned Zonal Commissioners shall jointly issue the notice and
thereupon declare the street or part thereof as a public street.
185
Provided further that, the private street to be declared as public street
shall have connectivity from the public road or public street.
(2) On the request of site owners abutting a private street or otherwise
such street which was shown by the erstwhile land owner as road in the sale
deed made by the land owner and based upon which the abutting building
sites were carved out by the land owner, who has obtained the benefit of
such road or street upon by making the sale of abutting building sites and
upon such road is declared as public street under sub-section (1), in that
event the land owner, shall not be eligible for any type of compensation
under the Right to Fair Compensation and Transparency inLand
Acquisition, Rehabilitation and Resettlement Act, 2013 (Central Act No. 30
of 2013) or any other law, including Development Rights Certificates under
section 14-B of the Karnataka Town and Country Planning Act, 1961
(Karnataka Act 11
of 1963).
Explanation:-For the purpose of this section,-
(i) "Erstwhile Land Owner" means the person in whose name the
agriculture or converted land stood at the time of selling the sites and
includes all those persons claiming under or through him; and
(ii) "Public Street" means any street, road, square, court, alley,
passage or riding path over which the public have a right of way maintained
by the Corporation or Government or by any public authorities, whether a
thoroughfare or not and includes;-
(d) the roadway over any public bridge or causeway;
(e) the footway attached to any such street public bridge or causeway;
and
(f) the drains attached to any such street, public bridge or causeway and
the land, whether covered or not by any pavement verandah or other
structure which lies on either side of the roadway upto the boundaries
of the adjacent property, whether that property is private property or
property belonging to the Government or the Corporation.
3. Substitution of section 226.- In the Principal Act, for section 226,
the following shall be substituted, namely:-
“226. Power of the Zonal Commissioner to Order work to be
carried or carried out himself in default.- (1) If upon notice under section
225, due to objections or any other reason leads to dropping of the intention
to declare the private street or part thereof as the public street but the
private street or part thereof requires to be improved, developed or
186
maintained including road side drains for the benefit of persons using the
said street as easement right, the Zonal Commissioner may by notice direct
such owners to carry out any work which in his opinion may be necessary
and within such time as may be specified in such notice.
(2) If such work is not carried out within the time specified in the
notice, the Zonal Commissioner may, if he thinks fit, execute it and the
expenses incurred shall be paid by owners referred to in sub-section (1) in
such properties as may be settled by the Zonal Commissioner:
Provided that the expenses payable if not paid shall be recoverable as
the arrears of Property Tax and in the manner as may be prescribed for
recovery of property tax arrears.
(3) If the Zonal Commissioner carries out work in accordance with
sub-section (2), he, with the requisition of the owners can declare such a
street to be a public street and thereupon the street shall vest in the
Corporation.
4. Amendment of section 240A.- In the Principal Act, in section 240
A,-
(i) in sub section (2),for the words "The Chief Commissioner"
the words "The Corporation" shall be substituted.
(ii) in sub-section (3), in clause (A),-
(a) in sub-clause (e),for the figures and word “'1.0 percent”,
the figures and word “0.10 percent”, shall be substituted;
and
(b) after sub-clause (j), the following shall be inserted,
namely:-
"(k) The ceiling limits of fee and penalty for residential uses
shall be 2/3rdthe values specified in sub-clauses (a) to (j)".
5. Amendment of section 248.- In the Principal Act, in section 248,
after sub-section (4), the following shall be inserted, namely.-
“(5) It shall be lawful for the Zonal Commissioner, at any time, before
or after making an order of demolition or of the stoppage of the construction
or erection of any building or execution of any work, to make an order
directing the sealing of such construction or erection or work or of the
premises in which such erection or work is being carried on or has been
completed, for the purpose of carrying out the provisions of this Act, for
preventing from using such construction or erection.
187
(6) Where any erection or work or any premises in which any erection
or work is being carried on, has or have been sealed, the Zonal
Commissioner may, for the purpose of demolishing such erection or work in
accordance with the provision of this Act, order directing the sealing of such
construction or erection of any work to be removed;
(i) No person shall remove such seal except under an order made by
the Zonal Commissioner; and
(ii) Notwithstanding anything contained in this Chapter, no appeal
shall lie against such an order of sealing.”
The above translation of ಬೃಹತ್ ಬಂಗಳೂರುಮಹಾನಗರಪಾಲಿಕೆ (ತಿದುು ಡಿ )
ಅಧಿನಿಯಮ, 2025 (2025ರಕನಾಟಕಅಧಿನಿಯಮಸಂಖೆ್ಯ : 34) be published in the official
Gazette under Article 348 of the Constitution of India.
THAAWARCHAND GEHLOT
GOVERNOR OF KARNATAKA
By Order and in the name of
the Governor of Karnataka,
G. SRIDHAR
Secretary to Government
Department of Parliamentary
Affairs and Legislation
About this act
- Jurisdiction
- Karnataka
- Enactment date
- 2020-10-21
- Sections available
- Document reader
Commencement information from the source
2021-01-11
India Code, Government of India. Text fetched 12 Oct 2026. Check the linked official text and subsequent notifications when applying a provision.