Karnataka Improvement Boards Act, 1976
Chapter IX MISCELLANEOUS
Chapter IX MISCELLANEOUS
69. Rules
(1) The Government may, by notification and after previous publication, make rules to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power such rules may provide for all or any of the following matters, namely:-
(a) allowances payable to the Chairman and non-official members;
(b) the manner and form in which any contract of the Board may be executed under section 11;
(c) the further particulars to be furnished in the application for sanction of a scheme under section 16;
(d) the manner of payment of betterment tax;
(e) the procedure, conditions and restrictions subject to which and the form in which the Board may let on hire, lease, sell or otherwise convey any movable or immovable property;
(f) the amount of money to be kept by the Board in the Government Treasury;
(g) the form in which, and the time within which, the budget estimates of the Board shall be prepared and submitted to the Government;
(h) any other matter for which rules have to be made or necessary under this Act.
(3) In making a rule under this section, the Government may provide that a person guilty of a breach thereof shall be punishable with fine which may extend to one hundred rupees and in the case of continuing breach, with additional fine which may extend to fifty rupees for every day during which such breach continues after receipt of a notice from the Board requiring such person to discontinue the breach.
(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. Subject to any modification made under sub-section (5) every rule made under this Act shall have effect as if enacted in this Act.
(5) Every rule 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 session aforesaid both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall, from the date on which the modification or annulment is notified by the Government in the official Gazette, 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 such rule.
Chapter IX MISCELLANEOUS
70. Power of Board to make bye-laws
(1) Subject to the provisions of this Act and the rules made thereunder the Board may from time to time, make, alter or rescind bye-laws,-
(a) for regulating the delegation of the powers and duties of the Board to an officer of the Board ;
(b) for the guidance of persons employed by it under this Act ;
(c) for regulating the matters relating to the recruitment, discipline and other conditions of service of the officers and servants of the Board, not being officers of the Government lent to or working under the Board;
(d) for the management , use and regulation of houses constructed under any scheme;
(e) for regulating the construction and reconstruction of buildings in regard to the following matters, namely, the notice to be submitted, the line of frontage with neighbouring buildings, the free space to be left about the building, the level and width of foundation, the stability of structure and materials to be used and the provision to be made for drainage, and ventilation;
(f) for the forming of extensions or lay-outs and the laying out of private streets, the information and plans to be submitted with the application for permission to form extensions or lay-outs and to make private streets, and for regulating the level and width of streets and the height of buildings abutting thereon;
(g) relating to the construction of footpaths, erection of street lights and planting of trees ; and
(h) generally for carrying out the purposes of this Act.
(2) In making a bye-law under sub-section (1), the Board may provide that a breach thereof shall be punishable with fine which may extend to one hundred rupees and in the case of a continuing breach with additional fine which may extend to fifty rupees for every day during which such breach continues after notice is received from the Board requiring such person to discontinue the breach.
(3) Any such bye-law may also provide that a person contravening the same shall be required to remedy the mischief, if any caused by such breach.
(4) The Board shall, before making any bye-law under this section, publish in the official Gazette for the information of persons likely to be affected thereby, a draft of the proposed bye-law together with a notice specifying a date not being earlier than thirty days from the date of publication of the draft of the proposed bye-law on or after which the draft will be taken into consideration, and shall before making the bye-law consider any objection or suggestion received with respect to the said draft before the date so specified.
(5) No bye-law made by the Board under this section shall have effect until it has been approved by the Government and every such bye-law shall be submitted to the Government along with a statement containing the views of the Board on the objections and suggestions if any, received and a copy of the notice published under the sub-section (4) and every objection or suggestion received with respect to the draft bye-law.
(6) The Government while approving a bye-law may make any change therein which appears to it to be necessary.
(7) Every bye-law as approved by the Government shall be published in the official Gazette and shall come into force from such date not being earlier to the date of publication of the bye-laws in the Gazette as may be specified by the Board and when no such date is specified, on the date of such publication.
Chapter IX MISCELLANEOUS
71. Rules and bye-laws to be exhibited
The rules and bye-laws made under sections 69 and 70 shall be exhibited at such places as may be prescribed and copies shall be made available for sale by the Board.
Chapter IX MISCELLANEOUS
72. Repeal of the Karnataka Ordinance No. 20 of 1975
(1) The Karnataka Improvement Board Ordinance, 1975 (Karnataka Ordinance No. 20 of 1975) is hereby repealed.
(2) Notwithstanding such repeal anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under the corresponding provisions of this Act. * * * *
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