Chapter XX PENALTIES

(1) Whoever,-

1. (a) contravenes any provisions of any of the sections of this Act or rules

made under it, specified in the first column of Schedule XI;

1. (b) contravenes any rule or order made under any of the said sections or rules; or
2. (c) fails to comply with any direction lawfully given to him or any requisition lawfully made upon him under or in pursuance of the provisions of any of the said sections or rules, shall, on conviction, be punished with fine which may extend to the amount mentioned in that behalf in the third column of the said schedule.

1. (2) Whoever after having been convicted of,-
   • (a) contravening any provision of any of the sections or rules of this Act specified in the first column of Schedule XII' or
   • (b) contravening any rule or order made under any of the sections or rules; or
   • (c) failing to comply with any direction lawfully given to him or any requisition lawfully made upon him under or in pursuance of any of the said sections or rules, continues to contravence the said provision or to neglect to comply with the said direction or requisition, as the case may be, shall, on conviction, be punished for each day after the previous date of conviction during which he continues so to offend, with 1[penalty] which may extend to the amount mentioned in that behalf in the third column of the said Schedule. Explanation.- The entries in the second column of Schedule XII headed "subject" are not intended as definitions of the offences described in the sections, sub-sections, clauses or rules mentioned in the first column or as abstracts of those sections, sub-sections, clauses or rules, but are inserted merely as reference to the subject of the sections, sub-sections, clauses or rules, as the case may be. 1[431-A. Penalties for failure to comply with the Solid Waste Management Scheme.- (1) It shall be the duty of every owner or occupier generating of solid waste to comply with any notification issued by the State Government, Bye-laws framed by the Corporation, Order, Circular or Public notice issued by the Commissioner or other authority regarding the manner of ensuring cleanliness, sanitation, handling, Transport, processing and disposal of Solid Wastes. 2[(2) Whoever commits any act of commission or omission which is likely to obstruct, impair or fails to comply with the provisions of sub- section (1) or the Solid Waste Management Schemes for the time being in force shall on conviction be punished with fine as specified in the Solid Waste Management bye-laws framed by Corporation under the provisions of Solid Waste Management Rules, 2016 which may extend to rupess two lakh. ] 2[(3) The corporation may alter, amend or vary any of the penalties specified in Solid Waste Management bye-laws.] Explanation:- For the purpose of this section "Solid Waste Management Scheme" means a series of measures taken by the Corporation for the purpose of effective handling, collection, transport, processing and disposal of Municipal Solid Wastes for discharge of its obligations enumerated under 2[the Solid Waste Management Rules, 2016]

¹ Substituted by Act 61 of 2025 w.e.f. ...................

issued by the Central

Government under the Environment Protection Act, 1986 (Central Act 29 of 1986) or any other provisions of law as may be applicable for management of Municipal Solid Wastes. 431-B. Compounding of offence.- Any officer authorized by the 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 sub-section (1) and (2) of section 431-A, such sum of money specified in Schedule XIII or any

² Substituted by Act 32 of 2020 w.e.f. 19.10.2020.

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.] 1. Section 431A and 431B inserted by Act 55 of 2013 w.e.f.20.08.2013.

Mayor when not entitled and for failure to hand over documents.- (1) If a councillor votes in contravention of section 80 or if any person acts as a councillor knowing that under this Act or the rules made thereunder he is not entitled or has ceased to be entitled to hold such office, he shall, on conviction, be punished with fine not exceeding two hundred rupees for every such offence.

1. (2) If any person acts as or exercise the functions of the Mayor or deputy Mayor knowing that under this Act or the rules made thereunder he is

not entitled or has ceased to be entitled to hold such office or to exercise such functions he shall, on conviction be punished with fine not exceeding one thousand rupees for every such offence.

1. (3) If the Mayor or Deputy Mayor fails to hand over any documents of, or any money or other properties vested in or belonging to the corporation, which are in or have come into, his possession or control, to his successor in office or other prescribed authority, in every case as soon as his term of office as Mayor or Deputy Mayor expires and in the case of the Deputy Mayor also on demand by the Mayor, such Mayor or Deputy Mayor shall, on conviction, be punished with fine not exceeding one thousand rupees for every such offence.

or any corporation officer of interest in contract or work.- If any councillor, the Commissioner or any corporation officer or servant knowingly acquires, directly or indirectly, by himself or in the name of any member of his family or by a partner or employer or servant any personal share or interest in any contract or employment with, by or on behalf of the corporation, he shall be deemed to have committed the offence punishable under section 168 of the Indian Penal Code, 1860. Provided that no person shall, by reason of being a shareholder in or member of a company be held to be interested in any contract between such company and the corporation unless he is a director of such company.

¹ Omitted by Act 35 of 1994 w.e.f. 1.6.1994.

Any person who willfully prevents distraint or sufficient distraint of property subject to distraint for any tax due from him, shall, on conviction by a magistrate be liable to a fine not exceeding twice the amount of the tax found to be due.

(a) If the construction or reconstruction of any building or well,-

1. (i) is commenced without the permission of the Commissioner, or
2. (ii) is carried on or completed otherwise than in accordance with the particulars on which such permission was based, or
3. (iii) is carried on or completed in contravention of any lawful order or breach of any provision of this Act or any rule or bye-law made under it, or of any direction or requisition lawfully given or made, or

1. (b) if any alterations or additions required by any notice issued under section 308 or section 320 are not duly made, or
2. (c) if any person to whom a direction is given by the Commissioner to alter or demolish a building or well under section 321 fails to obey such direction, the owner of the building or well or the said person, as the case may be, shall be liable on conviction to a fine which may extend in the case of a well or hut to fifty rupees and in the case of any other building to five hundred rupees, and to a further fine which may extend in the case of a well or hut to ten rupees and in the case of any other building to one hundred rupees for each day during which the offence is proved to have continued after the first day.

(1) Any person who unauthorisedly enters upon and uses or occupies any land belonging to the Corporation to the use or occupation of which he is not entitled or has ceased to be entitled, shall, on conviction, be punished with imprisonment for a term which may extend to three years and with fine which may extend to five thousand rupees. (2) Any person who, having unauthorisedly occupied whether before or after the commencement of the Karnataka Municipal Corporations and certain other Laws (Amendment) Act, 1984, any land belonging to a Corporation to the use or occupation of which he is not entitled or has ceased to be entitled, fails to vacate such land in pursuance of an order under sub-section (1) of section 5 of the Karnataka Public Premises (Eviction of Unauthorised Occupants) Act, 1974 (Karnataka Act 32 of 1974), shall, on conviction, be punished with imprisonment for a term which may extend to three years and with fine which may extend to five thousand rupees and with further five which may extend to fifty rupees per acre of land or part thereof for every day on which the occupation continues after the date of the first conviction for such offence. (3) Whoever intentionally aids or abets the commission by any other person of an offence punishable under sub-section (1) or sub-section (2) shall, on conviction, be punishable with the same punishment provided for such offence under the said sub-sections.] 1. Section 436A inserted by Act 34 of 1984 w.e.f. 26.6.1984.

1. (2) Any person who, having unauthorisedly occupied whether before or after the commencement of the Karnataka Municipal Corporations and certain other Laws (Amendment) Act, 1984, any land belonging to a Corporation to the use or occupation of which he is not entitled or has ceased to be entitled, fails to vacate such land in pursuance of an order under sub-section (1) of section 5 of the Karnataka Public Premises (Eviction of Unauthorised Occupants) Act, 1974 (Karnataka Act 32 of 1974), shall, on conviction, be punished with imprisonment for a term which may extend to three years and with fine which may extend to five thousand rupees and with further five which may extend to fifty rupees per acre of land or part thereof for every day on which the occupation continues after the date of the first conviction for such offence.
2. (3) Whoever intentionally aids or abets the commission by any other person of an offence punishable under sub-section (1) or sub-section (2) shall, on conviction, be punishable with the same punishment provided for such offence under the said sub-sections.]

1. Section 436A inserted by Act 34 of 1984 w.e.f. 26.6.1984.

(1) In the absence of a written contract to the contrary, every officer or servant of the corporation whose functions concern the public health and safety shall be entitled to one month's notice before discharge or to one month's wages in lieu thereof, unless he is discharged for misconduct or was engaged for a specified term and discharged at the end of it.

1. (2) Should any such officer or servant employed by the corporation in the absence of a written contract authorising him so to do, and without reasonable cause, resigns his employment or absents himself from his duties

without giving one month's notice to the corporation or neglects or refuses to perform his duties or any of them, he shall be liable, on conviction, to a fine not exceeding fifty rupees or to imprisonment of either description which may extend to two months.

Every person who prevents the Commissioner or any person to whom the Commissioner has lawfully delegated his power from exercising his power of entering on any land or into any building shall be deemed to have committed an offence under section 341 of the Indian Penal Code.

If any person who is required by the provisions of this Act or by any notice or other proceedings issued under this Act to furnish any information,-

1. (a) omits to furnish it, or
2. (b) knowingly or negligently furnishes false information, such person shall, on conviction, be punished with fine not exceeding one hundred rupees. 440.Penalty for disobeying requisition under section 150 and Schedule IX.- Any person who willfully neglects or refuses to comply with any requisition lawfully made upon him under section 150 and Schedule IX shall be punished with fine which may extend to one hundred rupees: Provided that no proceedings under this section shall be instituted except with the written sanction of the Commissioner: Provided further that before giving such sanction the Commissioner shall call upon the person against whom the procedings are to be instituted to show cause why the sanction should not be given.

Whoever dishonestly misappropriates or converts to his own use any corporation property or puts into improper or unauthorised use such property shall, on conviction, be punished with imprisonment which may extend to three months or with fine which may extend to five hundred rupees or with both.

(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.

1. (2) Whoever contravenes sub-section (1) shall on conviction be

punished with fine which may extend to one hundred rupees.