The Karnataka Municipalities and Certain Other Law (Amendment) Act, 2012

THE KARNATAKA MUNICIPAL CORPORATIONS ACT, 1976.

(1) This Act may be called the Karnataka Municipal Corporations Act, 1976.

1. (2) It extends to the whole of the State of Karnataka.
2. (3) It shall come into force at once in the cities of Bangalore and Hubli-Dharwar and in other areas on such 1[date] as the Government may, by notification, appoint and different dates may be appointed in respect of different areas. 1. Act has come into force in Belgaum city and Mysore city on 10.6.1977 by Notification. Text of the Notification is at the end of the Act.

Definitions.- In this Act, unless the context otherwise requires,-

1[(1) "Backward Classes" means such class or classes of citizens as may be classified as category "A" and "B" and notified by the Government from time to time for the purposes of reservation of seats and offices of Mayor and Deputy Mayor in the Corporation.]

¹ Inserted by Act 35 of 1994 w.e.f 1.6.1994 and substituted by Act 25 of 1995 w.e.f.

26.9.1995

1[(1A)] “building” includes,-

1. (a) a house, out-house, stable, privy, shed, hut, wall, verandah, fixed platform, plinth, door step and 2[any other structure including telecommunication tower or Advertisement structure, whatever name called] whether of masonry, bricks, wood, mud, metal or any other material whatsoever;
2. (b) a structure on wheels simply resting in the ground without foundations;
3. (c) a ship, vessel, boat, tent, and any other structure used for human habitation or used for keeping or storing any article or goods;

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

² Substituted by Act, 06 of 2015 w.e.f. 09.01.2015.

1. (2) “bye-law” means a bye-law framed by the corporation under this Act;
2. (3) “casual vacancy” means a vacancy occuring 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; 1[(4) “city” means any local area specified as a larger urban area and which is deemed to be a city under section 3 subject to any extension, contraction or alteration of the limits of such area that may be made under this Act.]
3. (5) “Commissioner” means the Commissioner appointed under section 14 and includes a person appointed to act as Commissioner under section 16;
4. (6) “Corporation” means a corporation established under this Act; 1[(7) “Councillor” means a Councillor referred to in section 7;]
5. (8) “dangerous disease” means,-
   • (a) anthrax, chicken pox, cholera, diptheria, enteric fever, leprosy, measles, plague, pulmonary tuberculosis, rabies, small pox, and
   • (b) any other disease notified by Government under this Act;
6. (9) “drain” includes a house drain, sewer, tunnel, pipe, ditch, gutter or channel and any cistern, flush-tank, septic tank, or other device for carrying off or treating sewage, offensive matter, polluted water, sullage, waste water, rain water, or sub-soil water and any culvert, ventilation shaft or pipe or other appliance or fitting connected therewith, and any ejectors, compressed air mains, sealed sewage mains and special machinery or apparatus for raising, collecting, expelling or removing sewage or offensive matter from any place; 1[(9-A) “Empanelled professional” means professionals such as Architects, Engineers, Structural consultants, MEP consultants, Environment consultants, Town Planners etc., who are empanelled by the Local Authority as authorized persons to inspect the building sites before, during and after construction as the case may be, to certify the constructions made as per the provisions of the approved plans and report to the Local Authority and also to sanction building plans of certain buildings as notified by the Government.]
7. (10) “essential services” means services in which any municipal officer, servant, or other person is employed by or on behalf of the corporation and which are specified in Schedule II;
8. (11) “factory” means a factory as defined in the Factories Act, 1948;
9. (12) “filth” includes sewage, dung, dirt, swill, putrid and putrefying substances and all offensive matter;
10. (13) “Government” means the State Government; 1[(13A) “Ground rent” means to include fees for usage of public roads and other infrastructure facilities provided and maintained by 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);]
11. (14) “hut” means any building which is constructed principally of wood, mud, leaves, grass or thatch and includes any temporary structure of whatever size or any small building of whatever material made;
12. (15) “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

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

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

¹ Inserted by Act 65 of 2025 w.e.f. 12.09.2025.

¹ Inserted by the Act 37 of 2024 w.e.f. 04.09.2015

permanently fastened to anything attached to the earth and rights created by law over any street;

1. (16) “lay-out” means a lay-out formed by an individual or body of persons, whether incorporated or not;
2. (17) “licensed plumber”, “licensed surveyor” “licensed architect”, “licensed engineer” and “licensed structural designer” respectively mean a person licensed by the corporation as plumber, surveyor, architect, engineer or structural designer under this Act;
3. (18) “local authority” means a municipal corporation, a municipal council, 1[Town panchayat] , development authority, city improvement board, town improvement board, 1[zilla panchayat, taluk panchayat and grama panchayat] constituted under any law for the time being in force;
4. (19) “market” includes any place where persons assemble for the sale of, or for the purpose of exposing for sale, livestock, food for live-stock, meat, fish, fruit, vegetables, flowers, animals intended for human food or any other articles of human food whatsoever, with or without the consent of the owner of such place, notwithstanding that there may be no common regulation of the concourse of buyers and sellers and whether or not any control is exercised over the business of or the persons frequenting the market by the owner of the place, or any other person;
5. (20) “municipal authority” means a municipal authority established under this Act;
6. (21) “municipal water works” means water-works belonging to or vesting in the corporation;
7. (22) “nuisance” includes 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 or disturbance to rest or sleep or which is or may be dangerous to life or injurious to health or property;
8. (23) “occupier” includes any person for the time being paying or liable to pay to the owner the rent or any portion of the rent of the land or building or part of the same in respect of which the word is used or damages on account of the occupation of such 1[vacant land or building] or part and also a rent-free tenant; 1[(24) x x x]
9. (25) “offensive matter” includes animals carcasses, dung, dirt and putrid or putrefying substances other than sewage;
10. (26) “owner” includes the person for the time being receiving or entitled to receive, whether on his own account or as agent, trustee, guardian, manager or receiver for another person or for any religious or charitable purpose, the rent or profits of the property in connection with which the word is used; 1[(26A) "population" means the population as ascertained at the last preceding census of which relevant figures have been published.] 2[(26-AA) “Person” includes an individual, a company, an undivided family, an association of persons or a body of individuals, whether incorporated or not under law and includes local authorities, Karnataka Housing Board, Karnataka Industrial Area Development Board, any other Boards and Corporations constituted under respective statutes owned and controlled by the State or the Central Government and any departments of the Central Government or other State Governments.]
11. (27) “poura-karmika” means a person employed in collecting or removing filth, in cleansing drains or slaughter-houses or in driving carts used for the removal of filth excluding night soil;
12. (28) “premises” includes messuages, buildings and lands of any tenure whether open or enclosed, whether built upon or not and whether public or private;
13. (29) “prescribed” means prescribed by rules made under this Act;
14. (30) “private street” means any street, road, square, court, alley, passage or riding path, which is not a “public street” but does not include a pathway made by the owner of premises on his own land to secure access to or the convenient use of such premises;
15. (31) “public street” means any street, road, square, court , alley, passage or riding-path over which the public have a right of way whether a thorough- fare or not and includes,-
    • (a) the road-way over any public bridge or cause way,
    • (b) the foot-way 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 payment verandah or other structure which lies on either side of the roadway up to the boundaries of the adjacent property, whether that property is private property or property belonging to the Government or the corporation; 1[ [(32) XXX] ]
16. (33) “regulation” means a regulation framed under this Act;
17. (34) “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;
18. (35) “Schedule” means a Schedule appended to this Act;
19. (36) “Scheduled Castes” shall have the same meaning as in the Constitution of India;
20. (37) “Scheduled Tribes” shall have the same meaning as in the Constitution of India; 1[(37A) "Scrutiny fee” means fee collected to meet the establishment charges for processing the application for permitting building construction;]
21. (38) “Sewage” means night soil and other contents of latrines, urinals, cesspools or drains and polluted water from sinks, bath-rooms, stables, cattle sheds and other like places and includes trade effluents and discharges from manufactories of all kinds;
22. (39) “Sewer” means a closed conduit for carrying of sewage, offensive matter, polluted water, waste water or sub-soil water; 1[(39A) "State Election Commission" means the State Election Commission constituted under section 308 of the Karnataka Panchayat Raj Act, 1993.]
23. (40) “street alignment” means a line dividing the land comprised in and forming part of a street from the adjoining land;
24. (41) “tax” includes 1[x x x] , toll, rate, cess, fee or other import leviable under this Act; 1[(41A) "Taxable capital value" means the 2[value of any building including any land occupied by it or vacant land or both] fixed in accordance with the provisions of this Act and the rules for the purpose of assessment of property tax."]
25. (42) “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;
26. (43) “trade premises” means any premises used or intended to be used for carrying on any trade or industry;
27. (44) “trade refuse” means the refuse of any trade or industry; 1[(44A) "Vacant land" means, land not built upon 2[and does not include land appurtenant to a building] ] ;
28. (45) “whole number” when used with reference to the councillors of the corporation, means the total number of councillors holding office at the time.

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

¹ Substituted by Act 32 of 2003 w.e.f. 19.11.2001.

¹ Omitted by Act 21 of 1979 w.e.f. 31.3.1979.

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

² Inserted by Act 65 of 2025 w.e.f. 12.09.2025.

¹ Omitted by Act 31 of 2001 w.e.f. 19.11.2001.

¹ Inserted by the Act 37 of 2024 w.e.f. 04.09.2015

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

¹ Omitted by Act 21 of 1979 w.e.f. 31.3.1979.

¹ Inserted by Act 31 of 2001 w.e.f. 19.11.2001.

² Substituted by Act 32 of 2003 w.e.f. 19.11.2001.

¹ Inserted by Act 32 of 2003 w.e.f. 19.11.2001.

² Inserted by Act 5 of 2005 w.e.f. 1.4.2005.

3.

1[Specifying larger urban area and establishment] of Corporation, etc.-

1[(1) The Governor may, having regard to,-

1. (a) the population of any area;
2. (b) the density of population of such area;
3. (c) the revenue generated for the local administration of such area;
4. (d) the percentage of employment in non-agricultural activities in such area;
5. (e) the economic importance of such area; and
6. (f) such other factors as may be prescribed; specify by notification such area to be larger urban area; Provided that no such area shall be so specified as a larger urban area unless,-
7. (a) such area contains a population of not less than three lakhs;
8. (b) the density of population in such area is not less than three thousand inhabitants to one square kilo meter of area;
9. (c) the revenue generated from such area for the local administration in the year of the last preceding census is not less than rupees six crores per

annum or an amount calculated at the rate of rupees two hundred per capita per annum, whichever is higher;

1. (d) the percentage of employment in non-agricultural activities is not less than fifty percent of the total employment: Provided further that no such notification shall be issued except after consulting the local authority, if any, concerned. (1A) Any area specified as larger urban area under sub-section (1) shall be deemed to be a city and a corporation shall be established for the said city. (1B) The name of the city shall, where the local area having two or more local authorities form the city, be as determined by the Governor.] (2)The Corporation shall be a body corporate by the name “the Corporation of the City of ................” and shall have perpetual succession and common seal with power, subject to the provisions of this Act, to acquire, hold and dispose of property and to contract and may, by the said name, sue and be sued. 1[Provided that the “Corporation of City of Bangalore” shall be called the “Bruhat Bangalore Mahanagara Palike”.]

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

¹ Inserted by Act 2 of 2009 w.e.f. 13.01.2009.

1[larger urban area] .- (1)

1[The Goveror may having regard to the provisions of clauses (a) to (f) of sub-section (1) of section 3 and] , subject to the provisions of sub- section (2), by notification,-

1. (a) include within the limits of the 1[larger urban area] and local area adjacent thereto; or
2. (b) exclude from the limits of the 1[larger urban area] and local area comprised therein; and every such notification shall define the limits of the local area to which it relates.

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

1. (2) 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 1[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).
2. (3) 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 1[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.
3. (4) When a local area is included in the 1[larger urban area] , the provisions of this Act and all taxes, notifications, rules, bye-laws, orders, directions and powers, levied, issued, made or conferred under this Act or any other law applicable to the 1[larger urban area] shall apply to the said area from the date of inclusion of such area within the 1[larger urban area] .

¹ Substituted by Act 11 of 1979 w.e.f. 17.11.1978.

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

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

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.

The following shall be the municipal authorities of the corporation charged with carrying out the provisions of this Act, namely:-

1. (a) the corporation;
2. (b) the standing committees; and
3. (c) the Commissioner.

(1) The Corporation shall consist of,-

3[

2[(a) such number of elected councillors not being less than thirty and not more than two hundred as the Government may, by notification, determine"; and] ]

4[Provided that, the Bruhat Bengaluru Mahanagara Palike the Corporation shall consist of such number of councillors not less than two hundred and twenty five but not more than two hundred and fifty councillors as the Government may, by notification, determine.] (b)

3[

¹ Substituted by Act 5 of 2003 w.e.f. 27.03.2003.

² Substituted by Act 14 of 2007 w.e.f.7.5.2007.

1[not exceeding ten percent of the total number of Councillors in the case of Bruhat Bangalore Mahanagara Palike] and not more than five persons in the case of other City Corporations] nominated by the Government from amongst the residents of the city,-

⁴ Inserted by Act 17 of 2020 w.e.f.03.10.2020.

3. Deemed to have been Substituted by Act 22 of 2009 w.e.f. 04.06.2009.

1. (i) who are persons having special knowledge and experience in municipal administration or matters relating to health, town planning or education; or
2. (ii) who are social workers;

1. (c) the members of the Houses of People and the members of the State Legislative Assembly representing a part or whole of the city whose constituencies lie within the city 1[x x x] ;
2. (d) the members of the Council of State and State Legislative Council who are registered as electors within the city: Provided that the persons referred to in clause (b) shall not have right to vote in the meetings of the Corporation.

¹ Omitted by Act 24 of 1998 w.e.f. 10.6.1998.

1. (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.
2. (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; 1[Provided 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 further 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. 2[Provided also 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 under sub-section(2) and the Backward Classes under this sub-section shall not exceed fifty per cent of the total number of seats in the City Corporations.] Explanation.- For the purpose of this sub-section and provisio to clause
   • (b) of sub-section (1A) of section 10, categories "A" and "B" shall mean categories "A" and "B" referred to in clause (1) of section 2.] (4) 1[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 (2), (3) and (4) shall be allotted by rotation to different wards in a city. (5)The Councillors referred to in clause (a) of sub-sections (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.]

¹ Inserted by Act 25 of 1995 w.e.f. 26.9.1995.

² Inserted by Act 32 of 2012 w.e.f. 30.8.2012.

¹ Substituted by Act 32 of 2012 w.e.f. 30.8.2012.

1. Section 7 substituted by Act 35 of 1994 w.e.f. 1.6.1994.

1[(1) Save as otherwise provided in this Act, the term of office of councillors,-

1. (i) directly elected at a general election shall be five years;
2. (ii) nominated by the Government under clause (b) of sub-section

1. (1) of section 7 shall, subject to the pleasure of the Government, be five years.
2. (2) The term of office of the councillors shall commence on the date appointed for the first meeting of the corporation.
3. (3) 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.]
4. (4) If any casual vacancy occurs it shall be filled, as soon as may be, by

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

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 occured: Provided that no election to fill a casual vacancy shall be held if the vacancy occurs within four months before the expiry by efflux of time of the term of office of the councillors.

1. (5) A councillor may resign his office at any time by notice in writing

addressed to the Mayor and delivered to him and such resignation shall take effect from the date on which it is delivered.

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

1[Subject to the provisions of sub- section (1A) the Corporation] shall, at its first meeting after a general election of councillors and at its first meeting in the same month in each year thereafter, elect,-

1. (a) one of its concillors 2[referred to in clause (a) of sub-section (1) of section 7] to be the Mayor, and
2. (b) one other councillor 2[referred to in clause (a) of sub-section

1. (1) of section 7] to be the Deputy Mayor. 1[(1A) There shall be reserved by the Government in the prescribed manner,-
   • (a) such number of officers of Mayor and Deputy Mayor in the State, for the persons belonging to the Scheduled Castes and Scheduled Tribes and the number of such offices shall bear as nearly as may be, the same proportion to the total number of offices in the State as the population of Scheduled Castes in the State or of the Scheduled Tribes in the State bears to the total population of the State;
   • (b) such number of offices of Mayor and Deputy Mayor in the State which shall as nearly as may be, one third of the total number of offices

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

² Inserted by Act 35 of 1994 w.e.f. 1.6.1994.

of the Mayor and Deputy Mayor in the State for the persons belonging to the

Backward Classes;

1[Provided that out of the offices reserved under this clause eighty percent of the total number of such offices shall be reserved for the persons falling under category "A" and the remaining twenty percent of the offices shall be reserved for the persons falling under category "B". Provided further that if no person falling under category "A" is available, the offices reserved for that category shall also be filled by the persons falling under category "B" and vice-versa.]

2[Provided also that the number of offices of Mayor and Deputy Mayor reserved for the backward classes under this clause shall be so determined that the total number of offices of Mayor and Deputy Mayor reserved for the scheduled castes and the scheduled tribes under clause (a) and the backward classes under this clause shall not exceed fifty percent of the total number of offices of Mayor and Deputy Mayor of the City Corporations in the State.]

¹ Inserted by Act 25 of 1995 w.e.f. 26.9..1995.

² Substituted by Act 32 of 2012 w.e.f. 30.8..2012.

(c)

2[not more than fifty percent of the total number of offices of Mayor and Deputy Mayor] in the State from each of the categories reserved for persons belonging to Scheduled Castes, Scheduled Tribes and Backward Classes and those which are non-reserved, for women: Provided that the offices reserved under this sub-section shall be allotted by rotation in the prescribed manner. Explanation.- For the removal of doubts it is hereby declared that the principle of rotation for purposes of reservation of offices under this sub- section shall commence from the first ordinary election to be held after the first day of June 1994.]

² Substituted by Act 32 of 2012 w.e.f. 30.8.2012.

1. Sub-section (1A) Inserted by Act 35 of 1994 w.e.f. 1.6.1994.

1. (2) The Mayor or the Deputy Mayor shall hold office, for one year from the date of his election and shall, notwithstanding the expiry of the said period, continue in office till his successor is elected, provided that in the meantime he does not cease to be a councillor. 1[2A) Notwithstanding anything contained in the preceding sub-sections no election to the office of the Mayor and the Deputy Mayor under sub-section
2. (1) shall be held till the expiry of a period of one month from the twentieth day of May, 1991, but such election shall be held in the first meeting in the month next to the expiry of the said period and the person so elected shall hold office as Mayor and Deputy mayor only for the period from the date of such election till his successor is elected in the first meeting held thereafter in the same month as the month in which the first meeting after general election was held to elect the Mayor and the Deputy may or.]
3. (3) The retiring Mayor or the Deputy Mayor shall be eligible for re- election.
4. (4) If any casual vacancy occurs in the office of the Mayor or Deputy

¹ Inserted by Act 32 of 1991 w.e.f. 20.5.1991.

Mayor, the corporation shall, after the occurance of the vacancy, choose one of the councillors

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

1[referred to in clause (a) of sub-section (1) of section 7] to fill the vacancy and every Mayor or Deputy Mayor so elected shall hold office so long as the person in whose place he is elected would, but for the occurrence of the vacancy, have held office.

1. (5) The Mayor may resign his office at any time by notice in writing addressed to the Deputy Mayor, and delivered to the Commissioner and in the absence of the Deputy Mayor addressed to the Commissioner and delivered to him.
2. (6) The Deputy Mayor may resign his office at any time by notice in writing addressed to the Mayor and delivered to the Commissioner and in the absence of the Mayor addressed to the Commissioner and delivered to him.
3. (7) The resignation under sub-section (5) or sub-section (6) shall take effect on the date on which it is delivered.

1[(1) There shall be the following Standing

Committees for the corporations other than the

2[Bruhat Bangalore

Mahanagara Palike] , namely:-

1. (a) the Standing Committee for taxation, finance and appeals;
2. (b) the Standing Committee for public health, education and social justice;
3. (c) the Standing Committee for town planning and improvement;
4. (d) the Standing Committee for accounts. 3[(1-A) There shall be the following Standing Committees for the Bruhat Bangalore Mahanagara Palike, namely:-
5. (a) the Standing Committee for taxation and finance;
6. (b) the Standing Committee for public health;
7. (c) the Standing Committee for town planning and improvement;
8. (d) the Standing Committee for major public works;
9. (e) the Standing Committee for ward level public works;
10. (f) the Standing Committee for accounts;
11. (g) the Standing Committee for education;
12. (h) the Standing Committee for social justice ; ]
    • (i) the Standing Committee for appeals;
13. (j) the Standing Committee for horticulture;
14. (k) the Standing Committee for markets;
15. (l) the Standing Committee for establishment and Administrative Reforms.

1. (2) Each Standing Committee,-
   • (a) for Corporations other than the Bruhat Bangalore Mahanagara Palike shall consist of seven Councillors of the Corporation; and
   • (b) for Bruhat Bangalore Mahanagara Palike shall consist of eleven Councillors of Corporation -elected at the first meeting of 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: Provided that the Standing Committee for public health, education and social justice or as the case may be, the standing committee for social justice shall consist of not less than two Councillors belonging to the Scheduled Castes and Scheduled Tribes.]

1. Sub-section (1) substituted by Act 27 of 1998 w.e.f.21.11.1998.

2. Deemed to have been substituted by Act 22 of 2009 w.e.f.04.06.2009.

3. Sub-section (1) and (1A) substituted by Act 36 of 2010 w.e.f.30.07.2010.

1. (3) No councillor shall be a member of more than one standing committee at the same time.
2. (4) The Mayor and the Deputy Mayor shall ex-officio be members of all the standing committees but they shall not have the right of voting.
3. (5) The term of office of the members of the standing committee shall be one year from the date of their election. A person shall cease to be a member of the standing committee if he ceases to be a councillor or if he absents himself without the permission of the standing committee for three consecutive meetings of the standing committee. 1[(5A) Notwithstanding anything contained in sub-sections (2) and (5), no election to the office of the member of the Standing Committee shall be held till the expiry of a period of one month from the Twenty-ninth day of May, 1991, but such election shall be held in the first meeting in the month next to the expiry of the said period and the person so elected shall hold office as

member of the Standing Committee only for the period from the date of such

¹ Inserted by Act 32 of 1991 w.e.f.29.5.1991.

election till members of the Standing Committee are elected in the first meeting held thereafter in the same month as the month in which the first meeting after general election was held to elect the members of the Standing Committee.]

1. (6) Where a casual vacancy occurs in the membership of a standing committee it shall be filled by the corporation by the election of another

councillor. The person so elected shall hold office only so long as the person in whose place he is elected would, but for the occurance of the vacancy, have held.

1. (7) 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 1[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. 1.

Chairman of the standing committees.- (1) Each standing committee shall elect one of its members as chairman.

1. (2) Such chairman shall hold office until his successor is elected but shall be eligible for re-election.
2. (3) Notwithstanding the provisions of sub-section (2) the chairman shall

vacate his office when he ceases to be a member of the standing committee.

1. (4) If any casual vacancy occurs in the office of the chairman, the standing committee concerned shall, after the occurrence of such vacancy, elect one of its members to fill such vacancy, and every person so elected shall continue in office so long only as the person in whose place he is elected would, but for the occurrence of the vacancy have held.

(1) Whenever in this Act the expression 'standing committee' occurs it shall, unless the context otherwise requires, be deemed to refer to the particular standing committee to which the power or duty in connection with which the expression is used is assigned by or under this Act, and all references to the standing committee in any other law shall be construed as reference to the particular standing committee to which the power or duty, is conferred or imposed by such law.

1. (2) Any reference made to a 'chairman' of the standing committee by or

under this Act or under any other law shall be construed as a reference to the

Chairman of the particular standing committee to which the power or duty in connection with which the reference is made is assigned by or under this Act or under such law.

1[CHAPTER - IIIA Area sabhas and Ward Committees

(1) In this Chapter, unless the context otherwise requires,-

1. (a) “Area” means an area, determined in the manner specified in section 13B;
2. (b) “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. (c) “Association” means a trust, society, association or organization registered under Karnataka Societies Registration Act, 1960 and fulfil the conditions specified in sub-clause (iii) of clause (c) of sub-section

1. (2) of section 13H.
   • (d) “Polling Station” means Polling station set up for conducting elections to the Corporation;
   • (e) “Ward Committee” means a committee constituted under section 13H.
   • (f) “Ward Development Scheme” shall be the development scheme prepared by the Ward Committee for the budget allotted to it by the Corporation.
2. (2) The provisions of this Chapter shall apply to such of the

Determination of Areas.- The State Government shall by order determine,-

1. (a) the areas into which each Ward may be divided; and
2. (b) each area shall comprise the polling area of one or more contiguous polling stations in a ward, but in any case not exceeding total area of five such polling stations:

Constitution of Area Sabha.- (1) There shall be an Area Sabha for each area.

1. (2) All persons who are registered as voters in the electoral rolls of the polling stations in an area shall be members of that Area Sabha.

(1) Each area shall have an area sabha representative who shall be nominated by the Corporation on the recommendation of the councilor of the particular ward:

Provided that, if no recommendation is received within ninety days from the date of constitution or reconstitution of the Corporation, the Commissioner shall recommend names to the Corporation for nomination.

1. (2) If councillor of any ward, for any reason ceases to be the Councillor before the expiry of the term of the Corporation, the Area Sabha Representatives of that ward shall also cease to be Area Sabha

Representatives and new Area Sabha Representatives shall be nominated in accordance with sub-section (1).

1. (3) The Area Sabha Representative shall be a member of that Area Sabha.
2. (4) Any person disqualified for being elected as a Councillor shall not be nominated as Area Sabha Representative.

13D, the term of office of an Area Sabha Representative shall be co-terminus with that of the Councilor Corporation concerned: Provided that no person shall continue to be a Area Sabha Representative if, at any time during his tenure, he incurs any of the disqualifications prescribed by or under any law for the time being in force for the purpose of election to the Corporation concerned: Provided further that no person shall continue or be entitled to hold office as Area Sabha Representative of an Area Sabha of which he ceases to be a member.

(1) The Area Sabha shall meet at least once in three months. The Area Sabha Representative shall preside over the meeting of the Area Sabha.

1. (2) An officer of appropriate rank shall be designated by the Commissioner of the Corporation 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. The nodal officer shall be the convener of the Area Sabha meetings and shall convene the meeting in consultation with the Area Sabha Representative. 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.
2. (3) All decisions in the Area Sabha shall be as far as possible be arrived at through a consensus of all the members present.

Functions and duties of the Area Sabha.- An Area Sabha may, having regard to its managerial, technical, financial and organizational capacity, and the actual conditions prevailing in the Corporation, perform and discharge the following functions and duties, namely:-

1. (1) It shall forward proposals for schemes and development

programmes to be implemented in the area, to the Ward Committee, or in its absence to the Corporation, for inclusion in the ward development scheme and programs and schemes implemented by the Corporation.

1. (2) It shall select eligible persons from the area for beneficiary oriented schemes of the Corporation and forward the same for approval of the Ward Committee or in its absence, to the Corporation.
2. (3) It shall cross verify the eligibility of persons getting various kinds of welfare assistance from Government such as pensions and subsidies and submit list of ineligible beneficiaries, if any, to the Ward Committee or in its absence, to the Corporation.
3. (4) It shall support tax mapping and to remind and encourage Area Sabha members of their obligations to pay municipal taxes and user charges.
4. (5) It may identify the deficiencies in the water supply and suggest remedial measures.
5. (6) It may identify deficiencies in the sanitation arrangements and suggest remedial measures.
6. (7) It may identify the deficiencies in the street lighting arrangements and suggest remedial measures.
7. (8) It shall impart awareness on matters of public interest such as cleanliness, preservation of the environment and prevention of pollution and parks and such other public amenity schemes in the area.
8. (9) It may assist the activities in public health centers in the area,

1. (10) It shall provide and mobilize voluntary labour and contributions in cash and kind for development programmes and to supervise such development works through volunteer organizations.
2. (11) It shall promote harmony and unity among various groups of people in the Area and encourage cultural and sports activities;
3. (12) It may co-operate with the Ward Committee in discharging of any functions assigned to it. and
4. (13) It shall perform such other functions as may be assigned to it by the

Composition, territorial area and manner of filling of seats in Ward Committee.- (1) There shall be a Ward Committee for each ward in the Corporation.

1. (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 with in 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;
2. (3) Any person disqualified from being elected as a Councillor shall not be nominated as member of the Ward Committee.
3. (4) An officer of appropriate rank shall be designated by the Commissioner of the Corporation to act as Secretary for each Ward Committee to provide all administrative assistance to it. 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. (5) The Secretary of the Ward Committee shall be the convener of the meeting of the Ward Committee who shall convene the meeting in consultation with Chairperson.
5. (6) The Ward Committee shall meet at least once in a month.
6. (7) Decisions of the Ward Committee shall normally be taken by the majority of the nominated members of the Ward Committee: Provided that the Chairperson may exercise a ‘veto’ over any decision by giving reasons in writing. The decision of the Chairperson shall be final and binding.
7. (8) No act done or proceedings taken under this Act by the Ward Committee shall be invalid merely on the ground of any vacancy in it.
8. (9) The Commissioner or his nominee, shall be entitled to take part in the meetings and deliberations of the Ward Committee. The Chairperson of the Ward Committee may request the representatives of concerned departments as special invitees to participate in the meetings.
9. (10) The term of the nominated members shall be co-terminus with the term of the office of the Corporation.
10. (11) Notwithstanding anything contained in this Act, the Corporation may in addition to the allotment of funds to various projects in the budget, also

allot not less than the prescribed amount towards ward development scheme to each ward which shall be utilised by the ward committee in the manner as may be prescribed.

(1) The Ward Committee shall discharge the following functions, namely:-

1. (a) prepare and submit Ward Development Scheme to the corporation for allotment of funds;
2. (b) ensure proper utilization of the funds allotted under ward development scheme in the ward.
3. (c) approve the list of beneficiaries for beneficiary oriented schemes of the Corporation submitted by Area Sabhas falling under that ward;
4. (d) scrutinize list of ineligible beneficiaries submitted by the Area Sabhas and submit it to the Corporation;
5. (e) supervise all programmes and schemes being implemented by the Corporation in the ward;
6. (f) ensure timely collection of taxes, fees and other sums due to the Corporation;
7. (g) ensure water supply maintenance in the ward and finalize location of new public taps and public wells;
8. (h) ensure sewerage system maintenance in the ward;
   • (i) ensure proper solid waste management and sanitation work in the ward and finalize location of new public sanitation units;
9. (j) ensure maintenance of street lighting in the ward and finalize location of new street lights;
10. (k) ensure maintenance of parks, open spaces, greening of area in the ward;
11. (l) ensure afforestation, and implementation of rain water harvesting schemes;
12. (m) mobilize voluntary labour and donation by way of goods or money for implementation of Ward Development Scheme and various programmes and schemes of Corporation;
13. (n) inform the Corporation regarding any encroachment of land belonging to the Corporation;
14. (o) perform such other functions as may be assigned to it by the Corporation as per its bye-laws.

1. (2) The procedure to be adopted by the Ward Committee in the transaction of its business shall be as may be prescribed in the rules.

Every Corporation to which this Chapter is made applicable shall notify bye-laws for transaction of business and for finance and accounting procedures governing the working of Area Sabhas and Ward

Power to make rules.- Subject to the provisions of this Act, the

Power to remove difficulties.- (1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order, published in the official Gazette make such provisions not inconsistent with the provisions of this Act as may appear to be necessary for removing the difficulty.

1. (2) Every order so made shall be laid as soon as may be after it is made before each House of the State Legislature.] 1. Chapter – IIIA (13A to 13L) inserted by Act 3 of 2011 w.e.f. 01.08.2011 vide Notification No. UDD 51 CSS 2009,

dated: 08.06.2011. Please see the text of notification at the end of the Act.

Commissioner shall be appointed by the Government after consultation with the Mayor. He shall not be a member of the corporation and he shall, subject to the pleasure of the Government, ordinarily hold office for a period of two years.

1. (2) Notwithstanding anything in sub-section (1), the Commissioner shall be removed from office whenever the corporation so resolves by a majority of not less than two-thirds of its members.

1. (1) The Commissioner shall be paid out of the corporation fund such monthly salary and allowances as the Government may, from time to time, by order determine.
2. (2) The Commissioner shall be a whole time officer of the corporation and shall not engage in any other profession, trade or business whatsoever.
3. (3) When a salaried servant of the Government is appointed as the Commissioner, there shall be paid to the Government out of the corporation funds such sum by way of contribution towards his pension, leave salary and other allowances as may be required to be paid by him or on his behalf under the conditions of service applicable to him.
4. (4) The Commissioner shall be entitled to such leave as the Government may by order from time to time specify. The leave may be granted to the Commissioner by the Government and when such leave is granted, he shall be paid out of the corporation funds such leave salary and allowances as the Government may determine.

During the absence of the Commissioner, the Government may appoint a person to act as the Commissioner and every person so appointed shall exercise the powers and perform the duties conferred and imposed by this Act or any other law for the time being in force on the Commissioner and shall be subject to all the liabilities, restrictions and conditions to which the Commissioner is liable and shall receive such monthly salary and allowances, not exceeding the salary and allowances for the time being payable to the Commissioner, as the Government may determine.

(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 councillors. 1. Substituted by Act 32 of 1986 w.e.f.17.6.1986. 1[(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 so prescribed shall not be more than rupees twenty-five thousand and different limits may be prescribed for different corporations.] (3) Notwithstanding anything contained in this Act the receipt by any person of honorarium, fee or allowance as Mayor, Deputy Mayor or councillor as aforesaid shall not disqualify him for being elected as or for being a councillor.

¹ Substituted by Act 32 of 1986 w.e.f.17.6.1986.

1[(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 so prescribed shall not be more than rupees twenty-five thousand and different limits may be prescribed for different corporations.]

1. (3) Notwithstanding anything contained in this Act the receipt by any person of honorarium, fee or allowance as Mayor, Deputy Mayor or councillor as aforesaid shall not disqualify him for being elected as or for being a councillor.

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:-

the Constitution of India, and that I will faithfully discharge the duty upon which I am about to enter".

1. (2) Any person who having been elected to be a councillor 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 sub-section (1) shall cease to hold his office and his seat shall be deemed to have become vacant.

1. (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).
2. (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.

(1) Every councillor 1[referred to in

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

clause (a) of sub-section (1) of section 7] 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 declaration of all assets owned by him and any member of his family. Such declaration shall form part of the corporation records.

1. (2) If any councillor fails to file the declaration referred to in sub-section
2. (1) or files the same knowing it to be false or incorrect he shall cease to be a councillor.
3. (3) Any question whether disqualification under sub-section (2) has occurred shall be decided, on reference made by the corporation, by Government and the decision of Government thereon, shall be final. Explanation.- For purposes of this section family means the spouse and dependant children of the councillor.

and members and chairman of standing committees.- (1) The election of the Mayor or the Deputy Mayor and members and chairman of standing committees and the determination of disputes relating to such election and the filling up of vacancies in the said offices shall be in accordance with such rules as may be prescribed.

1. (2) Any dispute relating to the validity of the election of Mayor or Deputy Mayor or member or chairman of a standing committee shall be decided by

the District Court having jurisdiction. An appeal shall lie to the High Court from an order of the District Court within a period of thirty days from the date of such order 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 such period.

1[wards] , etc.- (1) For purposes of election of councillors Government shall

2[on the recommendation of delimitation commission] by notification, determine,-

1. (a) the 1[wards] into which the city shall be divided and the extent of each division; 2[Provided that, in respect of Bruhat Bengaluru Mahanagara Palike the State Government shall, by notification, divide the city into wards in such manner that area of wards, as far as possible, shall be within the jurisdiction of an Assembly constituency of the State Legislature and no ward shall be divided between Assembly Constituencies of the State Legislature]
2. (b) the number of seats 1[alloted to each ward which shall be one] ;
3. (c) the number of seats reserved for the Scheduled Castes, the Scheduled Tribes, 1[Backward Classes and women] and the 1[wards] in which such seats shall be reserved. 1[(1A) No notification under sub-section (1) shall be called in question in any court of law;]

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

² Inserted by Act 17 of 2020 w.e.f. 03.10.2020.

¹ Inserted by Act 13 of 1983 w.e.f.24.2.1983.

1. (2) The ratio between the number of councillors to be elected from each 1[ward] and the population of that 1[ward] 1 2 [x x x] shall so far as practicable be the same throughout the city. 1[Proviso x x x]

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

² Omitted by Act 35 of 1994 w.e.f.1.6.1994.

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

1[(2A) the State Government shall, constitute a delimitation

¹ Inserted by Act 17 of 2020 w.e.f. 03.10.2020.

commission consisting of such number of members, as may be prescribed to recommend the State Government, the manner of delimitation of wards in each corporation.]

1. (3) The State Government may make rules for the purposes of sub- sections (1) and (2).

1[electoral roll]

referred to in section 23 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

2[x x x] to which such

1[roll pertains] :

¹ Substituted by Act 2 of 1990 w.e.f.6.1.1990.

² Omitted by Act 24 of 1978 w.e.f.29.9.1978.

2[Proviso x x x]

The electoral roll of the corporation shall be prepared subject to the superintendence, direction and control of the State Election Commission:

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

Provided that the electoral roll of the Karnataka Legislative Assembly for the time being in force for such part of the city as is included in any ward may be adopted for the purpose of preparation of electoral roll of the Corporation for such ward: Provided further that the electoral roll for such ward of the corporation shall not include any amendment, transposition, inclusion or deletion of entry made after the last date for making nomination for the election to such ward and before completion of such election.] 24.

1[State Election Commission] to fix date of elections.-

2[(1) The

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

date or dates of elections to constitute a corporation and to fill the casual vacancy shall be fixed by the State Election Commission in consultation with the Government: Provided that no election shall be held to fill a casual vacancy occurring within four months before the ordinary date of retirement of the councillor and that such vacancy shall be filled at the next ordinary election.]

2. Sub-section (1) substituted for Sub-sections (1) and (2) by Act 35 of 1994 w.e.f.1.6.1994.

1. (3) A councillor elected at a casual election shall enter upon office forthwith but shall hold office so long only as the councillor in whose place he is elected would have held if the vacancy had not occurred.

1[(1) No person shall be qualified for election as a councillor unless his name is included in the electoral roll of any

2[ward] of the city and in respect of any seats reserved for the Scheduled Castes or the

2[Scheduled Tribes, Backward Classes or Women] such person is a member of any such

2[Caste, Tribe or Classes]

¹ Substituted by Act 24 of 1978 w.e.f 29.9.1978.

² Substituted by Act 35 of 1994 w.e.f.1.6.1994.

or is a woman as the case may be.]

1. (2) No 1[ 2[x x x] person who is] disqualified from being a member of the State Legislature, no servant of the corporation and no whole time servant of the State Government or Central Government shall be qualified for election or for holding office as a councillor.

¹ Substituted by Act 24 of 1978 w.e.f 29.9.1978.

² Omitted by Act 35 of 1994 w.e.f.1.6.1994.

(1) A person shall be disqualified for being chosen as and for being a councillor,- (a) if he has been sentenced by a criminal court to imprisonment for an offence punishable with imprisonment for a term exceeding six months, provided that (1) the offence is one which involves moral turpitude and (2) such sentence has not been reversed or quashed or the offence not pardoned; or (b) if he is convicted of an offence under the provisions of the Untouchability offences Act, 1955 (Central Act 22 of 1955) or the Prevention of Food Adulteration Act, 1954 (Central Act 37 of 1954); (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 he is a deaf, mute; or (g) is he is of unsound mind and stands so declared by a competent court; or (h) if he is an undischarged insolvent; or (i) if he is not a citizen of India or has voluntarily acquired the citizenship of a foreign State, or is under any acknowledgment of allegiance or adherence to a foreign State; or 1[(j) if he is so disqualified by any law for the time being in force for the 1. Substituted by Act 35 of 1994 w.e.f.1.6.1994. 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.] (k) if, save as hereinafter provided, 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; or (l) if he is employed as paid legal practitioner on behalf of the Corporation or accepts employment as legal practitioner against the Corporation; or (m) if he is a licensed suryor or plumber of water supply contract of the corporation or is a partner of a firm of which any such licensed person is a partner; or (n) if he fails to pay arrears of any kind due by him, otherwise than as an agent, receiver, trustee or an executor, to the Corporation within three months after a notice in this behalf has been served upon him; or (o) 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, or any offence punishable under section 40 or section 52 or clause (a) of sub-section (2) of section 53 of this Act,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: Provided that,- (a) a person shall not be deemed to have incurred any disqualification under clause (c) by reason only of receiving,- (i) any pension, or (ii) any allowance or facility approved by the Government for serving as president or vice-president or as councillor; (b) the disqualification in clauses (a) and (d) shall cease to operate after the expiry of four years from the date of such sentence, dismissal or removal or earlier by an order of the Government; (c) a person shall not be deemed to have incurred disqualification under clause (k) by reason of his,- (i) having any share or interest in any lease, sale or purchase of any immovable property or in any agreement for the same, or (ii) having a share or interest in any joint stock company otherwise than as managing director or agent or in any literary association registered under the Societies Registration Act or in any co-operative society which shall contract with or be employed by or on behalf of the Corporation, or (iii) having a share or interest in any newspaper in which any advertisement relating to the affairs of the Corporation may be inserted, or (iv) holding a debenture or being otherwise interested in any loan raised by or on behalf of the Corporation, or (v) having a share or interest in the occasional sale of any article in which he regularly trades, to the Corporation to a value not exceeding in any official year fifty rupees or such higher amount not exceeding five hundred rupees as may be prescribed, or (vi) having a share or interest in the occasional letting out on hire to the Corporation or in the hiring from the Corporation, of any article for an amount not exceeding in any official year fifty rupees or such higher amount not exceeding five hundred rupees as may be prescribed. 1[(1A) A person shall be disqualified for being a Councillor if he is so disqualified under the Karnataka Local Authorities (Prohibition of Defection) Act, 1987.] 1[(1B) A person shall be disqualified for being chosen as and for being a Councillor if he is disqualified under section 26C. Provided that the disqualification under this sub-section shall cease to operate after the expiry of three years from the date of the order made under section 26C] at the end of the Act. 1. Inserted by Act 20 of 1987 w.e.f.29.12.1986. 1. Inserted by Act 39 of 2003 w.e.f 16.1.2004 by notification. Text of the notification is (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, directly, or indirectly, by himself or his partner, any such share or interest as is described in sub-clause (i), (ii), (iii) or (v) of clause (c) of the provisio to sub-section (1) whatever may be the value of such share or interest, or (ii) in which he is professionally interested on behalf of a principal or other person, or (iii) 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: 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 one month from the date of the application, the leave applied for shall be deemed to have been granted by the Corporation, the 1[Regional Commissioner] may, either suo motu or on a report made to him, after such enquiry as he deems fit, by order, 1. Substituted by Act 17 of 2007 w.e.f. 5.1.2007 decide, whether the seat of the person concerned has become vacant or not. As far as may be, such order shall be made within thirty days from the date of receipt of the report or where action is taken suo motu, within thirty days from the initiation thereof. (3) Any person aggrieved by the decision of the 1[Regional 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 1. Substituted by Act 17 of 2007 w.e.f. 5.1.2007. 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.

1. (a) if he has been sentenced by a criminal court to imprisonment for an offence punishable with imprisonment for a term exceeding six months, provided that (1) the offence is one which involves moral

turpitude and (2) such sentence has not been reversed or quashed or the offence not pardoned; or

1. (b) if he is convicted of an offence under the provisions of the Untouchability offences Act, 1955 (Central Act 22 of 1955) or the Prevention of Food Adulteration Act, 1954 (Central Act 37 of 1954);
2. (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
3. (d) if he has been dismissed from service under a local authority or from Government service; or
4. (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
5. (f) if he is a deaf, mute; or
6. (g) is he is of unsound mind and stands so declared by a competent court; or
7. (h) if he is an undischarged insolvent; or
   • (i) if he is not a citizen of India or has voluntarily acquired the citizenship of a foreign State, or is under any acknowledgment of allegiance or adherence to a foreign State; or

1[(j) if he is so disqualified by any law for the time being in force for the

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

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.]

1. (k) if, save as hereinafter provided, 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; or

1. (l) if he is employed as paid legal practitioner on behalf of the Corporation or accepts employment as legal practitioner against the Corporation; or
2. (m) if he is a licensed suryor or plumber of water supply contract of the corporation or is a partner of a firm of which any such licensed person is a partner; or
3. (n) if he fails to pay arrears of any kind due by him, otherwise than as an

agent, receiver, trustee or an executor, to the Corporation within three months after a notice in this behalf has been served upon him; or

1. (o) 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, or any offence punishable under section 40 or section 52 or clause (a) of sub-section (2) of section 53 of this Act,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: Provided that,-
2. (a) a person shall not be deemed to have incurred any disqualification under clause (c) by reason only of receiving,-
   • (i) any pension, or
   • (ii) any allowance or facility approved by the Government for serving as president or vice-president or as councillor;
3. (b) the disqualification in clauses (a) and (d) shall cease to operate after the expiry of four years from the date of such sentence, dismissal or removal or earlier by an order of the Government;
4. (c) a person shall not be deemed to have incurred disqualification under clause (k) by reason of his,-
   • (i) having any share or interest in any lease, sale or purchase of any immovable property or in any agreement for the same, or
   • (ii) having a share or interest in any joint stock company otherwise than as managing director or agent or in any literary association registered under the Societies Registration Act or in any co-operative society which shall contract with or be employed by or on behalf of the Corporation, or
   • (iii) having a share or interest in any newspaper in which any advertisement relating to the affairs of the Corporation may be inserted, or
   • (iv) holding a debenture or being otherwise interested in any loan raised by or on behalf of the Corporation, or
   • (v) having a share or interest in the occasional sale of any article in

which he regularly trades, to the Corporation to a value not exceeding in any official year fifty rupees or such higher amount not exceeding five hundred rupees as may be prescribed, or

1. (vi) having a share or interest in the occasional letting out on hire to the Corporation or in the hiring from the Corporation, of any article for an amount not exceeding in any official year fifty rupees or such higher amount not exceeding five hundred rupees as may be prescribed. 1[(1A) A person shall be disqualified for being a Councillor if he is so disqualified under the Karnataka Local Authorities (Prohibition of Defection) Act, 1987.] 1[(1B) A person shall be disqualified for being chosen as and for being a Councillor if he is disqualified under section 26C. Provided that the disqualification under this sub-section shall cease to operate after the expiry of three years from the date of the order made under section 26C] at the end of the Act.

¹ Inserted by Act 20 of 1987 w.e.f.29.12.1986.

¹ Inserted by Act 39 of 2003 w.e.f 16.1.2004 by notification. Text of the notification is

1. (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, directly, or indirectly, by himself or his partner, any such share or interest as is described in sub-clause (i), (ii), (iii) or (v) of clause
   • (c) of the provisio to sub-section (1) whatever may be the value of such share or interest, or
     • (ii) in which he is professionally interested on behalf of a principal or other person, or
     • (iii) 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: 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 one month from the date of the application, the leave applied for shall be deemed to have been granted by the Corporation, the 1[Regional Commissioner] may, either suo

motu or on a report made to him, after such enquiry as he deems fit, by order,

¹ Substituted by Act 17 of 2007 w.e.f. 5.1.2007

decide, whether the seat of the person concerned has become vacant or not. As far as may be, such order shall be made within thirty days from the date of receipt of the report or where action is taken suo motu, within thirty days from the initiation thereof.

1. (3) Any person aggrieved by the decision of the 1[Regional 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

¹ Substituted by Act 17 of 2007 w.e.f. 5.1.2007.

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.

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.

1. (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. 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.

1. (3) The account shall contain such particulars as may be prescribed.
2. (4) The total of the said expenditure shall not exceed such amount as may be prescribed.

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 under section 26A.

Election Commission is satisfied that any person,-

1. (a) has failed to lodge an account of election expenses within the time and in the manner required by or under this Act; and
2. (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.]

1.Sections 26A to 26C inserted by Act 39 of 2003 w.e.f 16.1.2004.

Corrupt practices entailing disqualification.- The Corrupt practices specified in section 39 shall entail disqualification for being a councillor for a period of six years counting from the date on which the finding of the court as to such practice takes effect under this Act.

If any person,-

1. (a) is convicted of an offence punishable with imprisonment under section 171E or section 171F of the Indian Penal Code (Central Act 45 of 1860) or an offence punishable under section 40 or section 52 or clause (a) of sub-section (2) of section 53 of this Act; or
2. (b) is upon the trial of an election petition under this Act found guilty of any corrupt practice,

he shall for a period of six years from the date of conviction or from the date on which such finding takes effect be disqualified for voting at an election.

Any person who is for the time being disqualified under section 26, 27 or 28 for being a councillor or for voting at elections, shall, so long as the disqualification subsists, also be disqualified for being an election agent at an election.

If there is equality of votes between two or more candidates, the

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

1[Returning Officer appointed by or on behalf of the State Election Commission] shall decide by drawing lots which candidate shall be deemed to have been elected.

(1) If a person is elected for more than one division, 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 division from which he chooses to serve and the choice shall be final.

1. (2) If the candidate does not make the choice referred to in sub-section (1), the Commissioner shall determine by lot and notify the division from which such candidate shall serve.
2. (3) The said person shall be deemed to have been elected only for the seat from the division 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.

All elections of the Mayor and the Deputy Mayor and all elections of councillors shall be notified by

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 32.

1. (2) An election petition may be presented on one or more of the grounds specified in section 35,-
   • (a) by any candidate at such election; or
   • (b) by any voter of the 1[ward] concerned.
2. (3) A petitioner shall join as respondents to his petition all the candidates at the election.
3. (4) An election petition,-
   • (a) shall contain a concise statement of the material facts on which the petitioner relies;
   • (b) shall set forth full particulars of any corrupt practice that the petitioner alleges, including as full a statement as possible of the names of the parties alleged to have committed such corrupt practice and the date and place of the commission of each such practice; and
   • (c) shall be signed by the petitioner and verified in the manner laid down in the Code of Civil Procedure, 1908 (Central Act 5 of 1908) for the verification of pleadings.
4. (5) 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.
5. (6) Any schedule or annexure to the petition shall also be signed by the petitioner and verified in the same manner as the petition.

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

A petitioner may, in addition to claiming a declaration that the election of all or any of the returned candidates is void, claim a further declaration that he himself or any other candidate has been duly elected.

(1) Subject to the provisions of sub-section (2), if the court is of opinion,-

1. (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
2. (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
3. (c) that any nomination has been improperly rejected, or
4. (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
   • (iv) by the improper reception, refusal or rejection of any vote or the reception of any vote which is void; or
   • (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.

1. (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.

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 trail and disposal of an election petition under this Act.

(1) At the conclusion of the trail of an election petition, the court shall make an order,-

1. (a) dismissing the election petition; or
2. (b) declaring the election of all or any of the returned candidates to be void; or
3. (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.

1. (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.

1. (3) If during the trail 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.

An appeal shall lie to the High Court from an order of the District Court under section 37 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.

The following shall be deemed to be corrupt practices for the purposes of this Act, namely:- (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 holding of any meeting in which intoxicating liquors are served; (8) 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; (9) any other practice which the Government may by rules specify to be a corrupt practice. Explanation.- (a) In this section, the expression "agent" includes an election agent, a polling agent and any person who is held to have acted as an agent in connection with the election with the consent of the candidate. (b) For the purposes of clause (8), a person shall be deemed to assist in the furtherance of the prospects of a candidate's election if he acts as an election agent, or a polling agent or a counting agent of that candidate.

1. (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. (2) 'under influence' as defined in clause (2) of the said section for the time being in force;
3. (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. (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. (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;

1. (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;

1. (7) the holding of any meeting in which intoxicating liquors are served;
2. (8) 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;
3. (9) any other practice which the Government may by rules specify to be a corrupt practice. Explanation.- (a) In this section, the expression "agent" includes an election agent, a polling agent and any person who is held to have acted as an agent in connection with the election with the consent of the candidate.
   • (b) For the purposes of clause (8), a person shall be deemed to assist in the furtherance of the prospects of a candidate's election if he acts as an election agent, or a polling agent or a counting agent of that candidate.

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 conviction, be punished with imprisonment for a term which may extend to three years, or with fine, or with both.

1[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

2[ward] within

1[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

¹ Substituted by Act 9 of 2001 w.e.f 9.1.2001.

² Substituted by Act 35 of 1994 w.e.f.1.6.1994.

2[ward] .

1. (2) Any person who contravenes the provisions of sub-section (1) shall, on conviction, be punished with fine which may extend to two hundred and fifty rupees.

(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 two hundred and fifty rupees.

1. (2) This section applies to any public meeting in connection with corporation elections held in any 1[ward]

between the date of the issue of a

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

notification fixing the date of the poll to elect a councillor or councillors and the date on which the election is held.

1. (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.

(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) For the purposes of this section,- (a) any process for multiplying copies of a document other than copying it by hand, shall be deemed to be printing and the expression 'printer' shall be construed accordingly; and (b) 'election pamphlet or poster' means any printed pamphlet, hand-bill or other document distributed for the purposes of promoting or prejudicing the election of a candidate or group of candidates under this Act or any placard or poster having reference to an election, but does not include any hand-bill, placard or poster merely announcing the date, time, place and other particulars of an election meeting or routine instructions to election agents or workers. (4) Any person who contravenes any of the provisions of sub-section (1) or sub-section (2) shall, on conviction be punished with imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees, or with both.

1. (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.
2. (3) For the purposes of this section,-
   • (a) any process for multiplying copies of a document other than copying it by hand, shall be deemed to be printing and the expression 'printer' shall be construed accordingly; and
   • (b) 'election pamphlet or poster' means any printed pamphlet, hand-bill or other document distributed for the purposes of promoting or prejudicing the election of a candidate or group of candidates under this Act or any placard or poster having reference to an election, but does not include any hand-bill, placard or poster merely announcing the date, time, place and other particulars of an election meeting or routine instructions to election agents or workers.
3. (4) Any person who contravenes any of the provisions of sub-section (1) or sub-section (2) shall, on conviction be punished with imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees, or with both.

(1) Every officer, clerk, 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. 45. 1[XXX] 1. Omitted by Act 60 of 2013 w.e.f.7.9.2013.

1. (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. 45. 1[XXX]

¹ Omitted by Act 60 of 2013 w.e.f.7.9.2013.

(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; or (b) soliciting the vote of any voter; or (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 two hundred and fifty rupees. (3) An offence punishable under this section shall be cognizable.

1. (a) canvassing for votes; or
2. (b) soliciting the vote of any voter; or (c)persuading any voter not to vote for any particular candidate; or
3. (d) persuading any voter not to vote at election; or
4. (e) exhibiting any notice or sign (other than an official notice) relating to the election.

1. (2) Any person who contravenes the provisions of sub-section (1) shall, on conviction, be punished with fine which may extend to two hundred and fifty rupees.
2. (3) An offence punishable under this section shall be cognizable.

No person shall, on the date or dates on which a poll is taken at any polling station,-

1. (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
2. (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.

1. (2) Any person who contravenes or wilfully 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.
2. (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.
3. (4) 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.

(1) Any person who, during the hours fixed for the poll at any polling station, misconducts himself or fails to obey the lawful directions of the presiding officer, may be removed from the polling station by the presiding officer or by any police officer on duty or by any person authorised in this behalf by such presiding officer. (2) The powers conferred by sub-section (1) shall not be exercised so as to prevent any voter who is otherwise entitled to vote at a polling station from having an opportunity of voting at that station. (3) If any person who has been so removed from a polling station re- enters the polling station without the permission of the presiding officer, he shall, on conviction, be punished with imprisonment for a term which may extend to three months, or with fine, or with both. (4) An offence punishable under sub-section (3) shall be cognizable.

1. (2) The powers conferred by sub-section (1) shall not be exercised so as to prevent any voter who is otherwise entitled to vote at a polling station from having an opportunity of voting at that station.
2. (3) If any person who has been so removed from a polling station re- enters the polling station without the permission of the presiding officer, he shall, on conviction, be punished with imprisonment for a term which may extend to three months, or with fine, or with both.
3. (4) An offence punishable under sub-section (3) shall be cognizable.

If any person is guilty of any such corrupt practice as is specified in clause (6) of section 39 at or in connection with an election he shall, on conviction, be punished with fine which may extend to two hundred and fifty rupees.

(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.

1. (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.
2. (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.

Notwithstanding anything contained in this Act or any other law for the time being in force, the returning officer, 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.]

1. Section 50A Inserted by Act 25 of 1995 w.e.f.26.09.1995.

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.

station to be an offence.- (1) Any person who at any election fraudulently takes or attempts to take a ballot paper

station or wilfully 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.

1. Deemed to have been Inserted by Act 17 of 2009 w.e.f.28.5.2009.

1. (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.
2. (3) Any ballot paper 1[or 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.

1. Deemed to have been Inserted by Act 17 of 2009 w.e.f.28.5.2009.

1. (4) An offence punishable under sub-section (1) shall be cognizable.

(1) A person shall be guilty of an electoral offence if at any election, he,-

1. (a) fraudulently defaces or fraudulently destroys any nomination paper; or
2. (b) fraudulently defaces, destroys or removes any list, notice or other document, affixed by or under the authority of a returning officer; or
3. (c) fraudulently defaces or fraudulently destroys any ballot paper or 1[voting machine] or the official mark on any ballot paper; or 1[voting machine]

1. Deemed to have been Inserted by Act 17 of 2009 w.e.f.28.5.2009.

1. (d) without due authority supplies any ballot paper 1[or voting machine] to any person or receives any ballot paper 1[or voting machine] from any person or is in possession of any ballot paper; 1[or voting machine]

1. Deemed to have been Inserted by Act 17 of 2009 w.e.f.28.5.2009.

1. (e) fraudulently puts into any ballot box anything other than the ballot paper which he is authorised by law to put in; or
2. (f) without due authority destroys, takes, opens or otherwise interferes with any 1[ballot box, ballot papers or voting machine] then in use for the purposes of the election; or

1. Deemed to have been Substituted by Act 17 of 2009 w.e.f.28.5.2009.

1. (g) fraudulently or without due authority, as the case may be, attempts to do any of the foregoing acts or wilfully aids or abets the doing of any such acts.

1. (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.
2. (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.
3. (4) An offence punishable under clause (b) of sub-section (2) shall be congnizable.

No court shall take cognizance of any offence under section 45 or under section 50 or under clause (a) of sub-section (2) of section 53 unless there is a complaint made by order of, or under authority from, such officer as may be prescribed.

¹ Substituted by Act 19 of 1991 w.e.f.19.2.1990.

² Substituted by Act 35 of 1994 w.e.f.1.6.1994.

¹ Substituted by Act 19 of 1991 w.e.f.19.2.1990.

² Substituted by Act 35 of 1994 w.e.f.1.6.1994.

1[(1) The superintendence, direction and control of the preparation of electoral roll for, and conduct of elections to the Corporation shall be vested in the State Election Commission.] 3[(2)] 3 1 [ 2[Subject to sub-section (1)] the Government] may make rules to provide for or regulate all or any of the following matters for the purpose of holding elections of councillors under this Act, namely:- 3. Re-numbered by Act 19 of 1991 w.e.f.19.2.1990.

1. (a) the appointment of a returning officer, assistant returning officers, presiding officers and polling officers for the conduct of elections;
2. (b) the nomination of candidates, form of nomination papers, objections to nominations and scrutiny of nominations;
3. (c) the symbols that may be chosen by candidates representing political parties and other candidates at elections and the restriction to which their choice is subject;
4. (d) the deposits to be made by candidates, time and manner of making such deposits and the circumstances under which such deposits may be refunded to candidates or forfeited to the corporation;
5. (e) the withdrawal of candidates;
6. (f) the appointment of agents of candidates;
7. (g) the procedure in contested and uncontested elections and the special procedure at elections in 1[wards] where any seat is reserved for the Scheduled Castes or Scheduled Tribes 1[Backward Classes or Women] 2[x x x] ;
8. (h) the date, time and place for poll and other matters relating to the conduct of elections including,-
   • (i) the appointment of polling stations for each 1[ward] ,
   • (ii) the hours during which the polling station shall be kept open for the casting of votes,
   • (iii) the printing and issue of ballot papers,
   • (iv) the checking of votes by reference by the electoral roll,
   • (v) the marking with indelible ink of the left forefinger or any other finger or limb of the voter and prohibition of the delivery of any ballot paper to any person if at the time such person applies for such paper he has already such mark so as to prevent personation of voters,
   • (vi) the manner in which cotes are to be given and in particular in the case of illiterate voters or of voters under physical or other disability, 1[(via) the manner of giving and recording of votes by voting machines;] 1. Deemed to have been Inserted by Act 17 of 2009 w.e.f. 28.5.2009. 1[(vi-b) the manner of cast of vote by the qualified voter in favour of none of the above
9. (NOTA) candidates contesting at the election, in case where he does not want to cast his vote in favour of any candidate.]
   • (vii) procedure to be followed in respect of challenged votes and tendered votes,
   • (viii) the scrutiny and counting of votes, the declaration and publication of the results and the procedure in case of equality of votes,
   • (ix) the custody and disposal of papers relating to elections,
   • (x) the suspension of poll in case of any interruption by riot, violence or any other sufficient cause and the holding of a fresh poll,
   • (xi) the holding of a fresh poll in the case or destruction of or tampering with ballot boxes before the count,
   • (xii) the countermanding of the poll in the case of the death of a candidate before the poll;
   • (i) the fee to be paid on an election petition;
10. (j) any other matter relating to elections or election disputes in respect of which the Government deems it necessary to make rules under this section. 1[(3)] In making any rule under this section the Government may provide that any contravention thereof shall, on conviction, be punished with fine which may extend to one hundred rupees. 1. Re-numbered by Act 19 of 1991 w.e.f.19.2.1990.

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

² Omitted by Act 24 of 1978 w.e.f.29.9.1978.

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

¹ Inserted by Act 10 of 2009 w.e.f. 27.04.2020

Notwithstanding anything contained in this Act or the rules made thereunder, 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.]

1. Section 55A Deemed to have been Inserted by Act 17 of 2009 w.e.f. 28.5.2009.

No suit shall be entertained by a civil court in respect of any matter relating to the election, appointment or removal of councillors, 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.

(1) Subject to the provisions of this Act, the rules, the regulations and the bye-laws made thereunder, the municipal government of the city 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 as are conferred on it by and under this Act and consider all periodical statements relating to the receipts and disbursements, and all progress reports and pass such resolutions thereon, as it thinks fit.

1. (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 as are conferred on it by and under this Act and consider all periodical statements relating to the receipts and disbursements, and all progress reports and pass such resolutions thereon, as it thinks fit.

It shall be incumbent on the corporation to make reasonable and adequate provision by any means or measures which it is lawfully competent to use or to take, for each of the following matters, namely:-

1. (1) erection of substantial boundary marks of such description and in

such positions as shall be approved by the Government defining the limits or any alteration in the limits of the city;

1. (2) the watering and cleansing of all public streets and public places in the city and the removal of all sweepings therefrom;
2. (3) the collection, removal, treatment and disposal of sewage, offensive matter and rubbish and, the preparation of compost manure from such sewage, offensive matter and rubbish;
3. (4) the construction, maintenance and cleaning of drains and drainage works and of public privies, water closets, urinals and similar conveniences;
4. (5) the lighting of public streets, municipal markets and places of resort vested in the corporation;
5. (6) the maintenance of a corporation office and of all public monuments and open spaces and other property vesting in the corporation and keeping a true and correct account of all corporation property;
6. (7) the naming or numbering of streets and of public places vesting in the corporation and the numbering of premises;
7. (8) the regulation and abatement of offensive and dangerous trades or practices;
8. (9) the maintenance, change and regulation of places for the disposal of

the dead and the provision of new places for the said purpose and disposing of unclaimed dead bodies;

1. (10) the construction or acquisition and maintenance of public markets and slaughter houses and the regulation of all markets and slaughter houses;
2. (11) the maintenance of an ambulance service and service for conveying dead bodies to crematoriums;
3. (12) the destruction of birds or animals causing nuisance, or of vermin and confinement or destruction of stray or ownerless dogs;
4. (13) laying out new public streets;
5. (14) maintaining or aiding schools for pre-primary education;
6. (15) the construction or acquisition and maintenance of cattle pounds;
7. (16) establishing and maintaining a system of public vaccination;
8. (17) the reclamation of unhealthy localities, the removal of noxious vegetation and generally the abatement of all nuisances;
9. (18) the planting and maintenance of trees on road sides and elsewhere;
10. (19) the construction, maintenance, alteration and improvement of public streets, bridges, sub-ways, culverts cause-ways and the like;
11. (20) the removal of obstructions and projections in or upon streets, bridges and other public places; 2[(20-A) removal of unauthorized cable including Optical Fiber Cables laid under, over, along, the across, in or upon any streets or property vested in the corporation]
12. (21) the management and maintenance of all municipal water works and

the construction or acquisition of new works necessary for a sufficient supply of water for public and private purposes;

1. (22) preventing and checking the spread of dangerous diseases;
2. (23) the securing or removal of dangerous buildings and places;
3. (24) the construction and maintenance of residential quarters for the poura-karmikas;
4. (25) the provision of public parks, gardens, playgrounds and recreation grounds;
5. (26) the regulation of lodging houses, camping grounds and rest houses in the city;
6. (27) establishing and maintaining compost plants for disposal of sewage;
7. (28) supplying, constructing and maintaining in accordance with the general system approved by the corporation, receptacles, fittings, pipes and other appliances whatsoever on or for the use of premises for receiving and conducting the sewage thereof into drains under the control of the corporation; 1[(28A) vital statistics including registration of births and deaths; (28B) regulation of tanneries.]
8. (29) taking measures to meet any calamity affecting the public;
9. (30) fulfillment of any obligation imposed by or under this Act or any other law for the time being in force and discharge of functions in respect of any matter entrusted to the corporation by Government by notification;
10. (31) subject to adequate provision being made for the matters specified above, the provision of relief to destitute persons in the city in times of famine and scarcity and the establishment and maintenance of relief works in such times.

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

² Inserted by Act 55 of 2013 w.e.f.20.8.2013.

The corporation may, in its discretion, provide, either wholy or in part, for all or any of the following matters, namely:- (1) the organisation, maintenance or management of institutions within or without the city for the care of persons who are infirm, sick or incurable, or for the care and training of the blind, deaf, mute or otherwise disabled mothers or infants or school children; (2) the organisation, maintenance or management of maternity and infant-welfare homes or centres; (3) the provision of milk to expectant or nursing mothers or infants or school children; (4) the organisation, maintenance or management of chemical or bacteriological laboratories for the examination or analysis of water, food or drugs, for the detection of diseases or for research connected with public health; (5) the organisation, maintenance or management of swimming pools, public wash houses, bathing places and other institutions designed for the improvement of public health; (6) the construction and maintenance in public streets or places, of drinking fountains for human beings and water-droughts for animals; (7) survey of buildings or lands; (8) the provision of music for the people; (9) encouraging the development of planning and maintenance of trees and plants on private land and within private compounds; (10) maintenance of health museums; (11) construction or maintenance of infirmaries or hospitals for animals; (12) the organisation or maintenance, in times of scarcity of shops or stalls for the sale of necessaries of life; (13) the building or purchase and maintenance of residence for corporation officers and servants; (14) the grant of loans for building purposes to corporation servants on such terms and subject to such conditions as may be prescribed by the corporation; (15) any other measures for the welfare of corporation servants; (16) the establishment and maintenance or the aiding of, museums and art galleries, botanical or zoologicial collections and the purchase or construction of buildings therefor; (17) contribution towards any public fund raised for the relief of human suffering caused by natural calamities within the city or for the public welfare; (18) the preparation or presentation of addresses to person of distinction; (19) granting rewards for information regarding the infringement of any provisions of this Act, or of the rules, bye-laws and regulations; (20) the building or purchase and maintenance of suitable dwelling for the poor and working classes; (21) the provision of shelter to destitute or homeless persons and any form of poor relief; 1[(21A) slum improvements and upgradation; (21B) urban forestry, protection of the environment and promotion of ecological aspects; (21C) urban poverty alleviation; (21D) promotion of cultural, education and aesthetic aspects] 1. Clauses (21A) to (21D) Inserted by Act 35 of 1994 w.e.f.1.6.1994. (22) with the previous sanction of the Government the making of a contribution towards any public ceremony or entertainment in the city; (23) any measure not hereinbefore specifically named, likely to promote public safety, health, convenience or instruction.

1. (1) the organisation, maintenance or management of institutions within or without the city for the care of persons who are infirm, sick or incurable, or for the care and training of the blind, deaf, mute or otherwise disabled mothers or infants or school children;
2. (2) the organisation, maintenance or management of maternity and infant-welfare homes or centres;
3. (3) the provision of milk to expectant or nursing mothers or infants or school children;
4. (4) the organisation, maintenance or management of chemical or bacteriological laboratories for the examination or analysis of water, food or drugs, for the detection of diseases or for research connected with public health;
5. (5) the organisation, maintenance or management of swimming pools, public wash houses, bathing places and other institutions designed for the improvement of public health;
6. (6) the construction and maintenance in public streets or places, of drinking fountains for human beings and water-droughts for animals;
7. (7) survey of buildings or lands;
8. (8) the provision of music for the people;
9. (9) encouraging the development of planning and maintenance of trees and plants on private land and within private compounds;
10. (10) maintenance of health museums;
11. (11) construction or maintenance of infirmaries or hospitals for animals;
12. (12) the organisation or maintenance, in times of scarcity of shops or stalls for the sale of necessaries of life;
13. (13) the building or purchase and maintenance of residence for corporation officers and servants;
14. (14) the grant of loans for building purposes to corporation servants on such terms and subject to such conditions as may be prescribed by the corporation;
15. (15) any other measures for the welfare of corporation servants;
16. (16) the establishment and maintenance or the aiding of, museums and art galleries, botanical or zoologicial collections and the purchase or construction of buildings therefor;
17. (17) contribution towards any public fund raised for the relief of human suffering caused by natural calamities within the city or for the public welfare;
18. (18) the preparation or presentation of addresses to person of distinction;
19. (19) granting rewards for information regarding the infringement of any provisions of this Act, or of the rules, bye-laws and regulations;
20. (20) the building or purchase and maintenance of suitable dwelling for the poor and working classes;
21. (21) the provision of shelter to destitute or homeless persons and any form of poor relief; 1[(21A) slum improvements and upgradation; (21B) urban forestry, protection of the environment and promotion of ecological aspects; (21C) urban poverty alleviation; (21D) promotion of cultural, education and aesthetic aspects]

1. Clauses (21A) to (21D) Inserted by Act 35 of 1994 w.e.f.1.6.1994.

1. (22) with the previous sanction of the Government the making of a contribution towards any public ceremony or entertainment in the city;
2. (23) any measure not hereinbefore specifically named, likely to promote public safety, health, convenience or instruction.

over every meeting of the corporation.

1. (2) Subject to the provisions of this Act, the Mayor shall have general

powers of inspection and may give direction to the 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 commissioner shall comply with such directions. The Mayor may call any record of the corporation from the Commissioner and the records made available to him shall be returned by him within fifteen days from the date they are made available.

1. (3) The Mayor may, by an order in writing delegate any of his functions to the Deputy Mayor.
2. (4) The Mayor shall not be eligible to be elected as chairman of any standing committee.
3. (5) 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.

1. (6) 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.

(1) When the office of the Mayor is vacant, his functions shall devolve on the Deputy Mayor until a new mayor is elected.

1. (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.
2. (3) The Deputy Mayor shall have the power to direct the Commissioner

to get the Administration and Audit Reports prepared in time.

1. (4) The Deputy Mayor shall discharge such functions of the Mayor as may be delegated to him by the Mayor.

2[Bruhat Bangalore Mahanagara Palike] .- 3[(1) The Standing Committees for the Bruhat Bangalore Mahanagara Palike shall perform the following functions, namely:-

1. (a) the Standing Committee for taxation and finance shall deal with all matters relating to finance and taxation and all matters not specifically assigned to any other standing committee;
2. (b) the Standing Committee for public health shall deal with all matters relating to public health;
3. (c) the Standing Committee for town planning and improvement shall deal with all matters relating to town planning and improvement;
4. (d) the Standing Committee for major works shall deal with all major works in the jurisdiction of Bruhat Bangalore Mahanagara Palike like Flyovers, Underpasses, Subways, Road Widening, Ring Roads, Elevated Roads and all works incidental thereto including land acquisition;
5. (e) the Standing Committee for ward level works shall deal with public streets and its appurtenances including street lighting at the ward level excluding the major works like Flyovers, Underpasses, Subways, Road Widening, Ring Roads, Elevated Roads;
6. (f) the Standing Committee for Accounts shall deal with all matters relating to accounts and audit;
7. (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;
8. (h) the Standing Committee for Social Justice shall deal with all matters relating to securing the social justice to persons belonging to the Scheduled Castes and Scheduled Tribes and other weaker sections of the society and women;
   • (i) the Standing Committee for appeals shall deal with all matters relating to appeals;
9. (j) the Standing Committee for horticulture shall deal with all matters relating to horticulture;
10. (k) the Standing Committee for markets shall deal with all matters relating to the markets;
11. (l) the Standing Committee for establishment and administrative reforms shall deal with all matters relating to establishment and administrative reforms.]

1. (2) The Corporation shall, by regulations framed for the purpose, determine the powers and duties of each Standing Committee, not specifically provided for in this Act and may by regulations provide for a conference of two or more Standing Committees or for the appointment out of such committee of a joint committee for any purpose in respect of which they may be jointly interested.
2. (3) The Standing Committee for accounts, in addition to the powers and duties assigned to it under the regulations,-
   • (a) shall supervise the utilization of the budget grants;
   • (b) shall have access to the accounts of the corporation, and may require the Commissioner to furnish any clarification which it considers to be necessary as to the receipts and expenditure of the Corporation fund;
   • (c) may conduct a monthly audit of the Corporation accounts and shall be bound to check the monthly abstract of receipts and disbursements for the preceding month as furnished by the Commissioner; and
   • (d) may, subject to the approval of the Corporation, write off the amount of any loss, or depreciation caused to Corporation property which appears to the committee to be irrecoverable: Provided that where the amount of any such loss or depreciation exceeds rupees one thousand it shall not be written off except with previous sanction of the Government.
3. (4) The Corporation shall sanction such staff as may reasonably be required by the standing committees to discharge their respective functions.] 2. Deemed to have been substituted by Act 22 of 2009 w.e.f.04.06.2009. 3. sub-section (1) substituted by Act 36 of 2010 w.e.f.30.07.2010.

¹ Inserted by Act 27 of 1998 w.e.f.21.11.1998.

1[Functions of the Standing Committees of other corporations] .- 2[ 1[Standing Committees for the corporations other than the 3[Bruhat Bangalore Mahanagara Palike] , shall perform the following functions, namely:-

1. (1) 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.]
2. (2) The standing committee for public health, education and social justice shall deal with all matters relating to public health and education and securing the social justice to persons belonging to the Scheduled Castes, Scheduled Tribes and other weaker sections of the society and women.
3. (3) The standing committee for town planning and improvement shall deal with all matters relating to public works, town planning and improvement. (3A) The standing committee for accounts shall deal with all matters relating to accounts and audit;] 2. Suib-sections (1) to (3A) substituted by Act 35 of 1994 Notification bringing it into force not available. 3. Deemed to have been substituted by Act 22 of 2009 w.e.f.04.06.2009.
4. (4) The corporation shall, by regulations framed for the purpose, determine the powers and duties of each standing committee, not specifically provided for in this Act and may by regulations provide for a conference of two or more standing committees or for the appointment out of such committee of a joint committee for any purpose in respect of which they may be jointly interested.
5. (5) The standing committee for 1[accounts] , in addition to the powers and duties assigned to it under the regulations,- 1. Sub-sections (1) to (3A) substituted by Act 35 of 1994 Notification bringing it into force not available.
   • (a) shall supervise the utilization of the budget grants;
   • (b) shall have access to the accounts of the corporation, and may require the Commissioner to furnish any clarification which it considers to be necessary as to the receipts and expenditure of the corporation fund;
   • (c) may conduct a monthly audit of the corporation accounts and shall be bound to check the monthly abstract of receipt and disbursement for the preceding month as furnished by the Commissioner; and
   • (d) may, subject to the approval of the corporation, write off the amount of any loss, or depreciation caused to corporation property which appears to the committee to be irrecoverable: Provided that where the amount of any such loss or depreciation exceeds rupees one thousand it shall not be written off except with previous sanction of the Government. 1[(5A)x x x] into force not available.
6. (6) The corporation shall sanction such staff as may reasonably be required by the standing committees to discharge their respective functions.

¹ Substituted by Act 27 of 1998 w.e.f.21.11.1998.

¹ Inserted by Act 32 of 1986 w.e.f.17.6.1986 and Omitted by Act 35 of 1994 Notification bringing it

1. (1) Wherever it is provided by the Act or any other law for the time being in force that the Commissioner may take action subject to the approval, sanction, consent or concurrence of a standing committee the standing committee may, by resolution in writing, authorise him to take action in anticipation of its approval, sanction, consent or concurrence subject to such conditions, if any, as may be specified in such resolution.
2. (2) Whenever the Commissioner, in pursuance of such resolution, takes any action in anticipation of the approval, sanction, consent or concurrence of a standing committee he shall forthwith inform the committee of the action so taken.

(1) 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 but 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 Commissioner, who shall also,-

1. (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;
2. (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 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.

1. (2) 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 Commissioner.
2. (3) The 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.

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 Commissioner and the Commissioner shall send copies of such correspondence to the Mayor.

Subject to the rules made by the State Government, the Commissioner may delegate to any officer of the Corporation subordinate to him any of his ordinary powers, duties and functions 1. Inserted by Act 35 of 1994 w.e.f.1.6.1994. 1[including the powers specified in Schedule III] .

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

1[including the powers specified in Schedule III] .

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 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 (1) of section 64.

The 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.

Subject to the provisions of this Act, rules and regulations, the 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.

(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.

1. (2) Every councillor shall have the right to interpellate on matters connected with the corporation administration subject to the regulations framed in this behalf.

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 Commissioner. It shall be presided over by the

¹ Substituted by Act 17 of 2007 w.e.f. 1.5.2007.

1[Regional Commissioner of the revenue region] having jurisdiction.

1. (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

Commissioner and in the case of meetings of a standing committee in consultation with the chairman of such committee and the 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.

1. (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.

The committees constituted under this Act and the 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 Commissioner any resolution of the corporation or a committee constituted under this Act contravenes any 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 Commissioner shall not be bound to give effect to the resolution.

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.

Commissioner to produce documents and furnish returns, reports, etc.-

1. (1) Save as otherwise provided in sub-section (3), the corporation or a standing committee may at any time require the Commissioner,-
   • (a) to produce any record, correspondence, plan or other document which is in his possession or under his control as Commissioner, or which is recorded or filed in his office or in the office of any corporation officer or servant subordinate to him;
   • (b) to furnish any return, plan, estimate, statement, account or statistics concerning or connected with any matter appertaining to the administration of this Act;
   • (c) to furnish a report by himself or to obtain from any officer subordinate to him and furnish, with his own remarks thereon, a report upon any subject concerning or connected with the administration of this Act.
2. (2) Except as it hereinafter provided, every such requisition shall be complied with by the Commissioner without unreasonable delay; and it shall be incumbent on every corporation officer and servant to obey any order made by the Commissioner in pursuance of any such requisition: Provided that if, on such requisition as aforesaid being made, the Commissioner shall declare that immediate compliance therewith would be prejudicial to the interests of the corporation or of the public, and shall if so required by the corporation or the standing committee, as the case may be, refer the question to the Mayor whose decision shall be final.
3. (3) Notwithstanding anything contained in this Act the Commissioner shall not produce or be called upon to produce by the corporation, a standing committee or any other committee, Mayor or Deputy Mayor, any record, correspondence or other document which is in his possession or his control and which is the subject matter of correspondence with the Government except in cases where the Commissioner considers that the production of any record, correspondence or other document is necessary in the interests of the corporation.

(1) The corporation may and if so required by the Government shall, join with a local authority or with a combination of local authorities,- (a) in appointing a joint committee out of their respective bodies for any purposes in which they are jointly interested and in appointing a chairman of such committee; (b) in delegating to any such committee powers to frame terms binding on each such body as to the construction and future maintenance of any joint work and any power which might be exercised by any of such bodies: and (c) in framing and modifying rules for regulating proceedings of any such committees in respect of the purpose for which the committee is appointed. (2) When the corporation has requested the concurrence of any other local authority under the provisions of sub-section (1) in respect of any matter and such other local authority has refused to concur, the Government may pass such orders as it deems fit requiring the concurrence of such other local authority in the matter aforesaid and such other authority shall comply with such orders. (3) If any difference of opinion arises between the corporation and any other local authority which has joined the corporation under this section, the matter shall be referred to the Government whose decision thereon shall be final and binding on both the parties.

1. (a) in appointing a joint committee out of their respective bodies for any purposes in which they are jointly interested and in appointing a chairman of such committee;
2. (b) in delegating to any such committee powers to frame terms binding on each such body as to the construction and future maintenance of any joint work and any power which might be exercised by any of such bodies: and
3. (c) in framing and modifying rules for regulating proceedings of any

such committees in respect of the purpose for which the committee is appointed.

1. (2) When the corporation has requested the concurrence of any other local authority under the provisions of sub-section (1) in respect of any matter and such other local authority has refused to concur, the Government may pass such orders as it deems fit requiring the concurrence of such other local authority in the matter aforesaid and such other authority shall comply with such orders.
2. (3) If any difference of opinion arises between the corporation and any other local authority which has joined the corporation under this section, the matter shall be referred to the Government whose decision thereon shall be final and binding on both the parties.

disqualification, etc., of members thereof.- (1) No act done or proceeding taken under this Act shall be questioned merely on the ground,-

1. (a) of any vacancy or defect in the constitution of the corporation or of any standing committee; or
2. (b) of any defect or irregularity in such act or proceeding, not affecting the merits of the case.

1. (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.

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.

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.

(1) The 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.

1. (2) He shall attend any meeting of the corporation or of a standing committee if required to do so by the Mayor.

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.

1. (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.
2. (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.
3. (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.
4. (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).

(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 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.

1. (2) The 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.
2. (3) Copies of the administration report shall be kept for sale at the corporation office.

CONDITIONS OF SERVICE

Government shall appoint for every corporation such officers of the State Civil

Services as it considers suitable to be the Engineer, 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 Commissioner. The Government may also appoint one or more Deputy Commissioners and Assistant Commissioners who shall exercise such powers and discharge such functions as may be specified in the rules. They shall be subordinate to the Commissioner.

1. (2) The Government shall, in consultation with the Mayor, appoint an officer not below the rank of an Assistant Commissioner to be the council

desire he shall be withdrawn earlier and another person 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.

1. (3) 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.
2. (4) Every officer of the Government appointed under sub-sections (1) and (2) shall be paid by the corporation such salary as may be determined by the Government from time to time which shall be met out of the corporatrion fund and shall be entitled to leave and other privileges in accordance with the rules and regulations applicable to 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.

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 of the posts under every 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.

1. (2) Subject to the provisions relating to recruitment and conditions of service applicable 1[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. the end of the Act.
2. (3) Every corporation shall contribute such percentage of its revenues in

¹ Substituted by Act 14 of 1990 w.e.f. 2.4.1992 by notification. Text of the Notification is at

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 referred to in section 82 shall be made by the Commissioner under the corporation.

1. (4) If the corporation fails to pay the amount required to be paid under sub-section (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.

(1) Subject to the provision of sections 85 and 86 appointment to posts on the corporation establishment other than the posts borne on the cadres of the Karnataka Municipal Administrative Service, and the posts referred to in sub-section (1), for the period of their service in accordance with this Act, the rules and the regulations framed thereunder.

1. (2) If any officer appointed under sub-section (1) is a Government servant, he shall be entitled to leave and other privileges in accordance with the rules and regulations applicable to the Government service to which he belongs and in force for the time being and the corporation shall make such contribution towards his salary, leave allowances, pension and provident fund as may be payable under such rules and regulations by him or on his behalf.

1. (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;
2. (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;
3. (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.

In the event of the occurance of any unusual mortality or the prevalence or apprehended outbreak of any dangerous disease within the city, Government, if it considers that immediate action is necessary, may, on its own motion appoint a special health officer wholly or partly at the expense of the corporation fund: Provided that,- (a) such appointment shall not be for more than six months; and (b) the corporation shall not be bound to pay more than five hundred rupees per mensem on account thereof.

1. (a) such appointment shall not be for more than six months; and
2. (b) the corporation shall not be bound to pay more than five hundred rupees per mensem on account thereof.

(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.

1. (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.

(1) The Commissioner shall lay before the standing committee for

1[taxation, finance and appeals]

2[or establishment and administrative reforms as the case may be] a Schedule setting forth the

¹ Substituted by Act 35 of 1994. Notification bringing it into force not available.

² Inserted by Act 36 of 2010 w.e.f.30.07.2010.

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.

1. (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.
2. (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 Commissioner and standing committee: Provided that no new office shall be created without the sanction of the Government if the maximum monthly salary exceeds 1[nine hundred] rupees.
3. (4) No officer or servant shall be entertained on the corporation establishment unless he is a member of the Karnataka Municipal Administrative Service, or has been appointed under section 82, section 85 or section 86 or unless his office and emoluments are included in the Schedule sanctioned under sub-section (1).

¹ Substituted by Act 24 of 1978 w.e.f. 29.9.1978.

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.

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.

1. (2) No such officer or other employee shall be punished under sub- section (1) unless he has 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.
2. (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.
3. (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.

(1) The Government may by rules provide for the following matters namely:-

1. (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;
2. (b) the procedure to be followed in imposing any penalty under sub- section (1) of section 90, 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;
3. (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 should be made by rules.

(1) Notwithstanding anything contained in this Act, or in any other law, the State Government may transfer any officer or servant of a corporation to a corresponding post in any other corporation or in any local authority constituted or deemed to have been constituted under any law made by the State Legislature or in the Government. (2) The officer or servant transferred under sub-section (1) shall, subject to any rule or other provision made under this Act or under article 309 of the constitution, be entitled to the same remuneration and be subject to the same terms and conditions of service and to the same rights and privileges as to pension, gratuity and provident fund and such other matters as he would have held under the corporation from which he was so transferred.] 1. Section 91A Inserted by Act 40 of 1981 w.e.f. 12.8.1981.

1. (2) The officer or servant transferred under sub-section (1) shall, subject

to any rule or other provision made under this Act or under article 309 of the constitution, be entitled to the same remuneration and be subject to the same terms and conditions of service and to the same rights and privileges as to pension, gratuity and provident fund and such other matters as he would have held under the corporation from which he was so transferred.] 1. Section 91A Inserted by Act 40 of 1981 w.e.f. 12.8.1981.

(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 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 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 Commissioner or such officer: or (b) neglect or refuse to perform his duties or wilfully perform them in a manner which, in the opinion of the Commissioner or such officer, is inefficient.

1. (2) No member of an essential service shall,-
   • (a) without the written permission of the 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 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 Commissioner or such officer: or
   • (b) neglect or refuse to perform his duties or wilfully perform them in a manner which, in the opinion of the Commissioner or such officer, is inefficient.

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.

1. (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
2. (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.

(1) The Government may at any time require the corporation or the Commissioner,-

1. (a) to produce any record, proceedings, correspondence, plan, or other document;
2. (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 municipal authorities;
3. (c) to furnish or obtain and furnish, any report. 1[(2) Any officer of the Government authorised by the Government in this behalf by a general or a special order shall have power,
4. (a) to enter on, and inspect, or cause to be entered on and inspect any immovable property occupied by any corporation or any institution under its control or management or any work in progress under it or in its direction;
5. (b) to call for any extract from a proceeding of any Corporation or of any committee or from any book or document in the possession of, or under the control of corporation;
6. (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.

1. (3) The Corporation and every municipal authority and all corporation officers and other corporation employees shall be bound to afford the officer authorised under sub-section (2) access at all reasonable time to the premises and 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”.
2. (4) The officer authorised under sub-section (2) may, after such inspection, make a report to the Government.] 20.8.2003.

¹ For Sub-section (2) sub-section (2) to (4) substituted by Act 32 of 2003 w.e.f.

pending undisposed of before the corporation.- (1) The Government may at any time call for from the Commissioner the records relating to the business pending before the corporation and on receipt of such records, it may examine the same.

1. (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.

1. (3) Every order passed by Government under this section shall be communicated to the Commissioner who shall give effect to such order expeditiously as if such order is a resolution of the corporation.

If, on receipt of any information or report obtained under sections 94 and 95 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,Government may, after giving notice of not less than fifteen days, by order, direct the corporation or the 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 Commissioner shall comply with such orders: Provided that no notice shall be necessary in urgent cases.

1. (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
2. (b) that adequate financial provision has not been made for the performance of any such duty,Government may, after giving notice of not less than fifteen days, by order, direct the corporation or the 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 Commissioner shall comply with such orders: Provided that no notice shall be necessary in urgent cases.

default, at the expense of corporation.- (1) If within the period fixed by an order issued under section 96 any action directed under that section has not been duly taken, the Government may, by order,-

1. (a) appoint an officer of the Government to take the action so directed;
2. (b) fix the remuneration to be paid to him; and
3. (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 X of this Act shall be levied or increased but not so as to exceed any maximum laid down in this Act.

1. (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 municipal 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 municipal authority.
2. (3) 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 re-payment and otherwise as may be specified in the notification.
3. (4) The provisions of sections 154 to 165 shall, as far as may be, apply to any loan raised in pursuance of this section.

Government's power to cancel resolution and orders.- (1) The Commissioner shall submit to the Government copies of all resolutions of the corporation.

1. (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,-

1. (a) the resolution or order may not be cancelled in whole or in part, or
2. (b) any bye-law or regulation concerned may not be repealed in whole or in part.

1. (3) Upon consideration of the reply, if any, received from the corporation and after such enquiry as it thinks fit, Government may pass orders cancelling the resolution or order or repealing the bye-law or regulation and communicate the same to the corporation.
2. (4) Government may at any time, on further representation by the corporation or otherwise, revise, modify or revoke an order passed under sub- section (3).

1[dissolve] corporation.- (1) If in the opinion of Government the corporation is not competent to perform or makes 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 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

1[dissolve it:] Provided that before making an order of

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

1[dissolution] as aforesaid reasonable opportunity shall be given to the corporation to show cause why such order should not be made.

1. (2) When the corporation is 1[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 1[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.
2. (3) 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.
3. (4) During the period of 1[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 clause (b) of sub-section (2).
4. (5) During the period of 1[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

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

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

matter of policy involving public interest the decision of the Government shall

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

be final.

1. (6) 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. 1[(7) x x x] 1[(8) When a 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.
2. (9) 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.]
3. (10) An order of 1[dissolution] of the corporation under sub-section (1) 2[x x x] 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.

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

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

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

² Omitted by Act 35 of 1994 w.e.f. 1.6.1994.

Whenever,-

1. (a) the ordinary elections to the corporation under this Act or any proceedings consequent thereon have bee stayed by an order of a competent court or authority;
2. (b) the election of all the coucillors or more than two-thirds of the councillors has been declared by a competent court or authority to be void; 1[(c) x x x]
3. (d) all the councillors or more than two-thirds of the councillors have resigned,
   • • Government shall, by notification, appoint an Administrator, for such period as may be specified in the notification and may, by like notification, curtail 1[or extend, either prospectively or retrospectively] the period of such appointment 2[so however, the total period of such appointments shall not exceed six months] .

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

¹ Substituted by Act 40 of 1981 w.e.f. 1.6.1977.

² Inserted by Act 35 of 1994 w.e.f. 1.6.1994.

1. (2) Notwithstanding anything contained in this Act, on the appointment of an Administrator under this section, during the period of such appointment, the corporation, the standing committees of the corporation and the Mayor, the Deputy Mayor and other authorities other than the Commissioner, 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.
2. (3) The provisions of sub-sections (3), (4) and (5) of section 99 shall mutatis mutandis be applicable in respect of the Administrator appointed under sub-section (1). 1[101. x x x]

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

Government may call for the records of any proceeding of a corporation, a standing committee, the Commissioner or any officer subordinate to the corporation for the purpose of satisfying itself as to the correctness, legality or propriety of any order or proceeding and may, after giving a reasonable opportunity of being heard, pass such order with respect thereto as it thinks fit, which shall be complied with.

Establishment of the Karnataka Property Tax Board otherwise requires,-

1. (a) “Board” means the Karnataka Property Tax Board;
2. (b) “Fund” means the Karnataka Property Tax Board Fund;
3. (c) “Municipality” means a municipal corporation established under section 3 of the Karnataka Municipal Corporations Act, 1976 or a city or a town municipal council incorporated under section 10 or a town panchayat constituted under section 351 of the Karnataka

Act to override other laws.- Notwithstanding anything contained in any law for the time being inforce, no municipality or corporation shall determine the rate of any zone, area or any nature or class of building for taxation without consultation of the Board.

(1) The State Government may, by notification establish, for the purposes of this Chapter, a Board to be called the Karnataka Property Tax Board. (2) The Board shall be a body corporate with perpetual succession and a common seal and may sue or be sued in its corporate name and shall be competent to acquire, hold and dispose of any property, both movable and immovable, to enter into contracts and to do all things necessary for the purposes of this Act. (3) The Head quarters of the Board shall be at Bangalore with branches at such other places as it deem necessary.

1. (2) The Board shall be a body corporate with perpetual succession and a common seal and may sue or be sued in its corporate name and shall be competent to acquire, hold and dispose of any property, both movable and immovable, to enter into contracts and to do all things necessary for the purposes of this Act.
2. (3) The Head quarters of the Board shall be at Bangalore with branches at such other places as it deem necessary.

(1) The Board shall consist of a Chairperson and such number of members including ex-officio members not exceeding four as may be appointed by the State Government. (2)The Chairperson shall be a person who is or has been an officer of the State Government not below the rank of Secretary to Government including ex-officio Secretary: Provided that not exceeding two members shall be persons having knowledge and experience in the fields of municipal administration, valuation of properties, accountancy, law and urban planning as the State Government may prescribe.

1. (3) The Chairperson and the members of the Board shall hold office for a period of five years: 1[Proviso xxx]
2. (4) The terms and conditions of service, including salaries and allowances of the Chairperson and members of the board, shall be such as may be prescribed by the State Government.

¹ Omitted by Act 20 of 2012 w.e.f. 14.3.2012.

Notwithstanding anything contained in this Chapter, no action of the Board shall be invalid or otherwise in question merely on the ground of the existence of any vacancy in the office of the members of the

Functions of the Board.- The Board shall perform the following functions, namely:-

1. (a) enumerate, or cause to enumerate, all class of properties and rates

prevailing in zones or areas in the municipality in the state and develop a data-base;

1. (b) review the property tax system and suggest suitable basis for capital valuation of properties or the annual taxable value;
2. (c) design and formulate transparent procedure for determination of capital valuation of properties or annual taxable value;
3. (d) recommend tax rate for different classes of building or area or zones of the municipalities;
4. (e) recommend modalities or basis for periodic revision;
5. (f) shall assist municipalities in determining the rates of any zone, area or any class of building;
6. (g) ensure transparency in capital valuation process or annual taxable value and facilitate disclosure of the same for fair comparison;
7. (h) publish the work plan in the state Gazette;
   • (i) the Board may make recommendations for determining the market value guidelines for the purpose of levying and collecting the property tax based on the market value guidelines as provided under section 45B of the Karnataka Stamp Act, 1957;
8. (j) the Board may also discharge such other functions in the field of valuation including development expertise in valuation of land and building;
9. (k) the Board may undertake directly or through any institution, training of officers and employees of the Corporation and Municipalities as the State Government may direct or as the Board may consider it necessary for carrying out the purposes of this Chapter; and
10. (l) such other functions as may be prescribed.

(1) When the determination of valuation of any class of lands and buildings or of any area or zone in any municipality has been completed, the Board shall cause such draft valuation rates be published in such manner, as may be prescribed and shall specify a date of not less than thirty days within which suggestions to the draft valuation rates may be filed. (2) After the expiry of the date specified in sub-section (1) and within such period thereafter as may be prescribed, the suggestions on the draft valuation rates shall be considered by the Board. (3) After considering suggestions if any, the Board shall prepare a final valuation rates and shall recommend the final rates in respect of any area or zone or any class of building to the municipality.

1. (2) After the expiry of the date specified in sub-section (1) and within such period thereafter as may be prescribed, the suggestions on the draft valuation rates shall be considered by the Board.
2. (3) After considering suggestions if any, the Board shall prepare a final

valuation rates and shall recommend the final rates in respect of any area or zone or any class of building to the municipality.

(1) The Board may, by regulations make provisions for method of recruitment and conditions of service of the employees of the Board. (2) Subject to such conditions of service as may be specified by regulations made in this behalf, the Board may appoint 1[officers and staff] as may be required to enable the Board to carry out its functions under this Act. 1. Substituted by Act 20 of 2012 w.e.f. 14.3.2012.

1. (2) Subject to such conditions of service as may be specified by regulations made in this behalf, the Board may appoint 1[officers and staff] as may be required to enable the Board to carry out its functions under this Act.

¹ Substituted by Act 20 of 2012 w.e.f. 14.3.2012.

The Board may appoint on deputation such number of staff of the municipality or any other local authority as the case may be, on such terms and conditions as may be determined by regulation.

(1) The Board shall have a Fund to be called the State Property Tax Board fund to which shall be credited,-

1. (a) such money as may be paid to the Board by the municipalities and other local authorities under section 102L; and
2. (b) such money as may be paid to the Board by the State Government or any other authority or agency.

1. (2) All money received by the Board shall be deposited in one or more nationalized banks as may be prescribed.

The State Government may extend grants to the Board on such terms and conditions as the State

Municipalities to make payment to the Board.- Subject to the rules made in this behalf, every Municipality or any other local authority, as the case may be shall pay to the Board such proportion of the expenditure as may be prescribed incurred by the Board for performing its functions under section 102F.

The Board shall prepare an annual report of its activities during the year in such form as may be prescribed by the State

Expenditure incurred on account of salaries and allowances including contingencies.- (1) The expenditure incurred by the Board for meeting the salaries and allowances including contingencies of the Chairperson, members, Secretary, officers and employees serving under or for the Board shall be defrayed out of the Fund of the Board.

1. (2) The expenditure towards contingencies for undertaking normal activities of the Board shall be met out of the Fund of the Board.

(1) The Board shall prepare each year in such form and within such time, as may be prescribed, a budget in respect of the ensuing financial year, showing the estimated receipts and expenditure and shall forward a copy of the same to State Government for approval. (2) The State Government may accord such approval and make such additions, alterations, and modifications thereon as it thinks fit.

1. (2) The State Government may accord such approval and make such additions, alterations, and modifications thereon as it thinks fit.

(1) The Board shall have the same financial powers as are exercisable by the Secretary of a department of the State Government. Matters beyond such financial 1[xxx] powers shall be referred by the Board to the State Government for decision. (2) The Board shall keep accounts of all receipts and expenditure and prepare annual account, in a regular manner as per standard accounting norms or in such manner as may be prescribed. 1. Omitted by Act 20 of 2012 w.e.f. 14.3.2012.

1[xxx] powers shall be referred by the Board to the State Government for decision.

1. (2) The Board shall keep accounts of all receipts and expenditure and prepare annual account, in a regular manner as per standard accounting norms or in such manner as may be prescribed.

¹ Omitted by Act 20 of 2012 w.e.f. 14.3.2012.

(1) The Board shall cause its accounts to be audited annually, by an auditor to be appointed by the State Government and the auditor so appointed shall have the right to demand the production of books, documents and other papers of the Board.

1. (2) The annual accounts prepared under sub-section (2) of section 102P shall be placed to the auditor for audit. As soon as the accounts have been audited, the Board shall send a copy thereof together with a copy of the report of the auditor to the State Government.
2. (3) The Board shall comply with such directions as the State Government may, after perusal of the report of the auditor, think fit to issue in this behalf.
3. (4) The Board shall pay out of the fund such sum as may be determined by the State Government by way of fees if any for such audit.

(1) Subject to the rules made by the State Government, the Board may delegate any of its powers and functions including financial powers to the Chairperson of the Board except the power to

1[make regulations]

1. (2) The Board may also delegate any of its powers and functions to any other officers of the Board by a resolution adopted by it in this behalf.

¹ Substituted by Act 20 of 2012 w.e.f. 14.3.2012.

Every member of the Board or every officer or employee of the Board shall, when acting or purporting to act under the provisions of this Act, be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (Act No. 45 of 1860).

The State Government may appoint an officer not below the rank of Group A Senior 1. Inserted by Act 20 of 2012 w.e.f. 14.3.2012. 1[scale officer of Karnataka Administrative Service or Karnataka Municipal Administrative Service] to be the Secretary of the Board who shall be the Chief Executive of the Board. All correspondence relating to any matter dealt with, by or under this Act or under any other law between the Board and the Government or other authority shall be conducted by the Secretary and the Secretary shall send copies of such correspondence to the Chairperson of the Board. The Secretary shall sue and be sued on behalf of the Board.

¹ Inserted by Act 20 of 2012 w.e.f. 14.3.2012.

1[scale officer of Karnataka Administrative Service or Karnataka Municipal Administrative Service] to be the Secretary of the Board who shall be the Chief Executive of the Board. All correspondence relating to any matter dealt with, by or under this Act or under any other law between the Board and the Government or other authority shall be conducted by the Secretary and the Secretary shall send copies of such correspondence to the Chairperson of the Board. The Secretary shall sue and be sued on behalf of the Board.

The Secretary shall be responsible for the custody of all records of the Board including all papers and documents connected with the proceedings of the Board.

Subject to the provisions of this Chapter and rules and regulations made thereunder, the Secretary shall specify the duties of persons borne on the Board and exercise powers of supervision and control over them and decide all questions relating to their conditions of service.

(1) No suit shall be instituted against the Board or against any officer or servant of the Board or against any person acting under the order or direction of the Board or any officer or other servant, in respect of any act done, or purporting to have been done in pursuance of this Act or any rule or regulation made thereunder, until the expiration of two months after notice in writing has been left at the office of the Board and, in the case of such officer, servant or person, unless notice in writing has also been delivered to him or left at his office or place of residence, and unless such notice states explicitly the cause of action, the nature of the relief sought, the amount of compensation claimed and the name and place of residence of the intending plaintiff and unless the plaint contains a statement that such notice has been so left or delivered.

1. (2) Nothing in sub-section (1) shall be deemed to apply to a suit in which the only relief claimed is an injunction of which the object would be defeated by giving of the notice or the postponement of institution of the suit.

(1) The Government may, after previous publication, by notification, make rules to carry out the purposes of this Chapter: Provided that no previous publication shall be necessary for any rule made for the first time after the commencement of this Chapter. (2) In particular and without prejudice to the generality of the foregoing power such rules may provide for,- (a) all matters expressly required and allowed in this Chapter or any other law to be prescribed; (b) conduct of business of the meetings and inspections of the Board; (c) regulate or prohibit the moving of any resolution or making or any motions on or the discussion of any matter unconnected with the municipal administration; (d) prescribe the accounts to be kept by the Board, the manner in which such accounts shall be audited and published; (e) prescribe the forms of all registers, reports and returns, the manner in which such registers shall be maintained, the dates on which the reports and returns shall be made and the officers to whom they shall be sent, as also of warrants and notices of sale.

1. (2) In particular and without prejudice to the generality of the foregoing power such rules may provide for,-
   • (a) all matters expressly required and allowed in this Chapter or any other law to be prescribed;
   • (b) conduct of business of the meetings and inspections of the Board;
   • (c) regulate or prohibit the moving of any resolution or making or any motions on or the discussion of any matter unconnected with the municipal administration;
   • (d) prescribe the accounts to be kept by the Board, the manner in which such accounts shall be audited and published;
   • (e) prescribe the forms of all registers, reports and returns, the manner in which such registers shall be maintained, the dates on which the reports and returns shall be made and the officers to whom they shall be sent, as also of warrants and notices of sale.

(1) Notwithstanding anything contained in this Chapter or in any other law, the Government may, by notification, published in the official Gazette, make such provision not inconsistent with the provisions of this Act as appears to it to be necessary and expedient,- (a) for making omissions from, additions and to adaptations and modifications of regulations, notifications and orders in their application to the Board; (b) for removing difficulties arising in connection with the transition to the provisions of this Chapter.] 1. Chapter IX-A (Section 102A to 102Y) Inserted by Act 24 of 2011 w.e.f. 10.6.2011.

1. (a) for making omissions from, additions and to adaptations and modifications of regulations, notifications and orders in their application to the Board;
2. (b) for removing difficulties arising in connection with the transition to the provisions of this Chapter.]

1. Chapter IX-A (Section 102A to 102Y) Inserted by Act 24 of 2011 w.e.f. 10.6.2011.

ENUMERATION OF TAXES orders of Government, a corporation shall,-

¹ Omitted by Act 32 of 2003 w.e.f. 20.8.2003.

1[(a) [xxx] ] (b)

1[at rates not exceeding those specified in this Act] levy any one or more of the following taxes

¹ Substituted by Act 32 of 2003 w.e.f. 20.8.2003.

² Inserted by Act 30 of 2021 w.e.f. 07.10.2021.

2[or fee] :-

1. (i) a tax on 1[buildings or vacant land or both] situated within the city (hereinafter referred to as the property tax); 1[(ii) (iii)x x x] 1[(iv) x x x] 1[(v) xxx ]
2. (vi) a tax 1[or fee] on advertisement;
3. (vii) a duty on certain transfers of property in the shape of an additional stamp duty; 1[(viii) x x x] 1[(ix) x x x] 1[Proviso x x x] 1[103A. xxx] ]

¹ Substituted by Act 32 of 2003 w.e.f. 19.11.2001.

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

¹ Omitted by Act 21 of 1979 w.e.f. 31.3.1979.

¹ Omitted by Act 32 of 2003 w.e.f. 20.8.2003.

¹ Inserted by Act 30 of 2021 w.e.f. 07.10.2021.

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

¹ Omitted by Act 32 of 2003 w.e.f. 20.8.2003.

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

¹ Omitted by Act 32 of 2003 w.e.f. 16.6.2003.

1. (1) Notwith-standing anything contained in section 19 of the Karnataka Motor Vehicles Taxation Act 1957 (Karnataka Act 35 of 1957) the Corporation may in addition to the tax levied under that Act, levy and collect an infrastructure cess, at such rate not exceeding five hundred rupees per annum as may be prescribed on every motor vehicle suitable for the use on roads within the city and different rates may be prescribed in respect of different classes of motor vehicles. Explanation.- For the purpose of this section “motor vehicle” shall have the same meaning assigned to it in the Motor Vehicles Act, 1988 (Central Act 59 of 1988).
2. (2) The Corporation may in addition to property tax levied under section 103, levy a Solid Waste Management cess at such rate not exceeding one thousand rupees per month as may be prescribed, on every owner or occupier of buildings or lands or both in the city, for the purpose of collection, transportation and disposal of solid waste and different rates may be prescribed in respect of different classes of lands or buildings or in different areas. Explanation.- For the purposes of this section solid waste., includes filth offensive matter, rubbish sewage, trade affluent, trade refuse, waste from hospitals and any other waste which is detrimental to public health.
3. (3) The cess levied under sub-sections (1) and (2) shall be assessed and collected in such manner as may be prescribed.
4. (4) Notwithstanding anything contained in sections 61A, 62 and 444,

such cess, appeal to the prescribed authority whose decision shall be final.

1. (5) The prescribed authority may, after giving a reasonable opportunity of being heard to the appellant and the Corporation, pass such order as it deems fit.
2. (6) Subject to such terms and conditions as may be provided in the bye- laws, the cess payable to the Corporation under this section may be collected by such agency as the corporation may appoint in this behalf.]

¹ Inserted by Act 31 of 2001 w.e.f. 19.11. 2001.

(1) There shall be levied and collected an Urban Transport Cess at such rates not more than two percent on the property tax levied and collected under section 103 or 108A of this Act and which shall be rounded off to nearest rupee. (2) Nothing in this section shall affect the operation of the provisions of any other Act and the levy of Urban Transport Cess under this Act is in addition to, and not in lieu of, any other tax or cess that may be levied under any other law for the time being in force. (3) All money collected in the form of Urban Transport Cess shall be credited to the Urban Transport Fund created under section 149A. (4) The State Government may by rules prescribe, the manner of collection, maintenance and application of the Urban Transport Fund.] dated:7.10.2013. 1[104. xxx] ] 1[105. xxx] 1. Inserted by Act 31 of 2012 w.e.f. 7.10.2013 by notification No.UDD 99 PRJ 2013, 1. Omitted by Act 32 of 2003 w.e.f. 20.8.2003. 1. Omitted by Act 32 of 2003 w.e.f. 20.8.2003.

1. (2) Nothing in this section shall affect the operation of the provisions of any other Act and the levy of Urban Transport Cess under this Act is in addition to, and not in lieu of, any other tax or cess that may be levied under any other law for the time being in force.
2. (3) All money collected in the form of Urban Transport Cess shall be credited to the Urban Transport Fund created under section 149A.
3. (4) The State Government may by rules prescribe, the manner of collection, maintenance and application of the Urban Transport Fund.] dated:7.10.2013. 1[104. xxx] ] 1[105. xxx]

¹ Inserted by Act 31 of 2012 w.e.f. 7.10.2013 by notification No.UDD 99 PRJ 2013,

¹ Omitted by Act 32 of 2003 w.e.f. 20.8.2003.

¹ Omitted by Act 32 of 2003 w.e.f. 20.8.2003.

A corporation shall by a resolution passed at a general meeting levy any tax specified in section 103 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 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 has been imposed in accordance with the provisions of this Act and the rules made thereunder.] 1. Section 106 substituted by Act 32 of 2003 w.e.f. 20.8.2003.

1. Section 106 substituted by Act 32 of 2003 w.e.f. 20.8.2003.

The corporation may, except as otherwise provided in clause (b) of the proviso to section 146 at any time for sufficient reason suspend, modify or abolish any existing tax.

1. (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.

(1) Unless exempted under this Act or any other law, property tax shall be levied every year on all

¹ For Sections 108, and 109, sections 108, 109, and 109A Substituted w.e.f.

² Substituted by Act 32 of 2003 w.e.f. 20.8.2003.

2[buildings or vacant lands or both] situated within the city. 19.11.2001.

1[(2) The property tax shall be levied in case of,-

1. (a) commercial building at such percentage not being less than 0.5 per cent (rupees five per thousand) 2[and not more than three percent] of taxable capital value of the building;
2. (b) residential building and buildings other than commercial building, at such percentage not being less than

3[0.2 per cent (rupees two per thousand)] and not more than

3[

2[1.5 percent (rupees fifteen per thousand)] ] of taxable capital value of the building;

1. (c) vacant land, 3[at such percentage not being less than 0.2 percent (rupees two per thousand) and not more than 0.5 percent (rupees five per thousand) of taxable capital value of land] 4[(i) XXX
   • (ii) XXX
   • (iii) XXX] ] 5[(d) industrial building at such percentage not being less than seventy percent of rate levied in case of commercial building in accordance with clause (a): Provided that, the percentage so fixed shall not be less than the rate levied in case of residential buildings and buildings other than commercial in accordance with clause (b).] 1. Sub-section (2) sub-stituted by Act 32 of 2003 Clauses (a) and (b) deemed to have come in to force on 16.6.2003 and clause (c) w.e.f. 19.11.2001.

² Substituted by Act 19 of 2012 w.e.f. 28.4.2012.

3. For the figures, words and brackets “0.3 percent (rupees three per thousand)” and

⁴ Omitted by Act 04 of 2021, The previous text was,

“one percent (rupees ten per thousand)” shall respectively be Substituted by Act 04 of 2021 w.e.f. 19.01.2021. “

1[(i) measuring not above one thousand square meters, at not less than 0.1 per cent (rupees one hundred per lakh) and not more than 0.5 percent (rupees five hundred per lakh) of taxable capital value of land,

1. (ii) measuring above one thousand square meters but not above four thousand square meters, at not less than 0.025 per cent (rupees twenty five per lakh) and not more than 0.1 percent (rupees one hundred per lakh) of taxable capital value of land,
2. (iii) measuring above four thousand square meters, at not less that 0.01 per cent (rupees ten per lakh) and not more than 0.1 percent (rupees one hundred per lakh) of taxable capital value of land.] ”

⁵ Inserted by Act 02 of 2022 w.e.f.13.01.2022.

1. (3) Subject to the minimum and the maximum, rates specified in sub- section (2), the corporation may, fix the property tax at such percentage of the taxable capital value of the buildings or 1[vacant lands or both] having regard to location, type of construction of the building, nature of use to which the 1[vacant land] or building is put, area of the 1[vacant land] , plinth area of the building, age of the building and such other criteria as may be prescribed: Provided that the percentage so fixed may be different in different areas and for different classes of buildings and lands. 3[ 2[Provided further that, the vacant land appurtenant to the building, up to one thousand square feet shall be exempted and more than one thousand square feet shall be levied with property tax on vacant land in accordance with clause (c) of sub-section (2).] ] 1.4.2005.

¹ Substituted by Act 32 of 2003 w.e.f. 19.11.2001.

² Inserted by Act 32 of 2003 w.e.f. 19.11.2001 and substituted by Act 5 of 2005 w.e.f.

³ Substituted for the words” Provided further that the land appurtenant to a building shall be

exempted from levy of Property Tax.”, by Act 04 of 2021 w.e.f. 19.01.2021.

¹ Omitted by Act 32 of 2003 w.e.f. 16.6.2003.

1[Explanation: xxx]

Bangalore Mahanagara Palike.- (1) 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 Bruhath Bangalore Mahanagara Palike area shall be levied every year in the following manner.

1. (2) The property tax shall be levied by the Bruhath Bangalore Mahanagara Palike by resolution passed as specified in section 106 at such percentage not being less than 20 percent and not more than 25 percent of the taxable annual value of a building, vacant land or both. The taxable annual 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 depreciation at such rate, as may be prescribed, depending on the age of a building. Explanation.- For the purpose of this section, “Unit Area Value” means an average rate of expected returns from the property per sq.ft., per month

determined by the Commissioner, Bruhath Bangalore Mahanagara Palike on the basis of the average market rate determined through mass appraisal method or real estate market information or any other reliable source or combination of these sources that he may considers it as sufficient and reasonable having regard to the location, type of construction of the building, nature of use to which the vacant land or building is put, area of the vacant land, built-up area of the building, age of the building, parking area of vehicles in non-residential building where it is charged and such other criteria as may be prescribed. Different rates may be determined for different area or street by classifying into zones, different nature of use to which the vacant land or building is put and for different class of buildings and vacant lands: 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 the land appurtenant to a building to the extent not exceeding thrice the area occupied by such building shall be exempted from the property tax: Provided also that subject to such condition and in such circumstances as may be notified, the Commissioner, Bruhath Bangalore 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,-

1. (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 Commissioner, Bruhath Bangalore Mahanagara Palike; and
2. (b) an area used as parking area in a non-residential building and being charged for its use by the owner or the occupier.
3. (c) any other class of building or structure as he deems fit.

1. (3) The Bruhath Bangalore 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 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. 2[Provided further that, whoever constructs or reconstructs any building or any part of the building without obtaining permission under this Act or in contravention of any of the condition specified in such permission granted under this Act or any rule or any byelaw made there under, shall be liable to pay every year a penalty of an additional amount in respect of such floor area or deviation constructed in excess of the permitted area or in violation of the permission granted equal to the property tax leviable on such floor area or deviation of the building levied under sub-section (3), so long as it remains as unlawful construction and without prejudice to any proceedings which may be instituted against him in respect of such unlawful construction:]
2. (4) 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 non-residential building as may be notified by the State Government on the recommendation of the Corporation.

1. (5) The provisions contained in sections 107, 110, 111, 112, sub- sections (5), (6) and (7) of section 112A, and sections 112B, 112D and 113 to the extent they are not inconsistent to the provisions of this section shall mutatis mutandis apply to the Bruhath Bangalore Mahanagara Palike: Provided that the State Government may prescribe separate procedure, form or register in respect of property assessed by the Bruhath Bangalore Mahanagara Palike. A different register may be prescribed for different class of property assessed for tax.
2. (6) The person primarily liable to pay the property tax, shall pay the tax in two equal instalments. The first being before 30 th May and second by 29 th November of each financial year. However, the owner or occupier or person primarily liable to pay property tax may choose to pay in one instalment: Provided that for the year 2008-09, the first instalment shall be paid within sixty days from the date of commencement of the Karnataka Municipal

Corporations (Amendment) Act, 2009 and the second instalment shall be paid within thirty days thereafter: Provided further 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 or within one month or within one month from the date of commencement of the Karnataka Municipal Corporations (Amendment) Act, 2009 for the year 2008-09, he shall be allowed a rebate of five per cent on the tax payable by him: Provided also that the State 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 5% rebate in respect of the financial year 2008-09 and 2009-2010. Provided also that subject to random scrutiny as may be prescribed, the tax return filed for the first time during 2008-09 shall form the base for payment of tax applicable during each block year.

1. (7) Before any owner or occupier submits any return under sub-section (8), he shall pay in advance half-yearly tax calculated or the full amount of the property tax payable by him for the year on the basis of such return declared by him as being true and complete.
2. (8) Notwithstanding anything contained in sub-section (1) of section 112A, the State 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 Commissioner, Bruhath Bangalore Mahanagara Palike or to the officer or agency authorized by him in this behalf.
3. (9) 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 Commissioner shall from time to time issue guidelines for determining the unit area value and property tax payable thereon.
4. (10) Every return filed by a owner or occupier shall be deemed to have been assessed to tax except in cases where the Commissioner or authorised officer may take-up or authorise subordinate officers the cases for random scrutiny of the returns filed in the manner prescribed. Provided that 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.
5. (11) For the purpose of random scrutiny of the return filed or in cases where returns are not filed as required under sub-section (8) in respect of any buildings or lands or both, the 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.
6. (12) 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.
7. (13) Upon random scrutiny, if the authorized officer has reasons to believe that any return furnished, which is deemed as assessed, is incorrect or has been underassessed 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;
   • (b) if the tax-reassessed is more than 5 percent than the tax remitted alongwith the returns, the evaded tax shall be payable together with a penalty not less than twice the tax so evaded payable alongwith interest for the difference in tax paid and payable calculated at 24 percent per annum;
   • (c) if upon inspection and re-assessment as made under this section by the 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 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 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.
8. (14) An assessment or re-assessment under this section shall not be made after the following time limits,-
   • (i) three years after filing the tax return under this section;
   • (ii) three years after the evidence of facts, sufficient in the opinion of the Commissioner or the authorized officer to justify making of the re- assessment, comes to its knowledge, whichever is later.
9. (15) 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.
10. (16) Subject to sub-section (2), the property tax assessed and levied under this section shall be liable for revision once in three years by enhancing

15 percent commencing from the financial year 2008-09:

Provided that the Municipal Corporation may enhance such property tax upto 30 percent once in three years and different rates of enhancement may be made to different areas and different classes of buildings and lands: Provided further that the non-assessment of property tax under this section during the block period of three years shall not be applicable to a building in respect of which there is any addition, change of use, alteration or variation to it. The owner or occupier shall report such changes within six months from the date of completion or occupation whichever is earlier alongwith the revised return and tax: Provided also that nothing contained in this section shall be deemed to affect the power of State Government to direct an earlier revision of property tax.

1. (17) The Commissioner shall have power to clarify any doubt as to classification of zones, unit area value and class of property. The decision of the Commissioner in this regard shall be final.]

² Inserted by Act 8 of 2020 w.e.f. 27.04.2020.

1. Section 108A inserted by Act 2 of 2009 w.e.f. 13.01.2009.

(1) The taxable capital value of the building shall be assessed

1[together with the land occupied by it] . The taxable capital value of such land shall be assessed having regard to the

2[market value guidelines of properties published] under section 45B of the Karnataka Stamp Act, 1957.

3[subject to such rules as may be prescribed]

The taxable capital value of the building shall be

4[equivalent of

5[twenty five percent of the prevailing market value guidelines]

] of properties published under section 45B of the Karnataka Stamp Act, 1957 minus depreciation at the time of assessment, determined as far as may be notified by the Government from time to time]

¹ Substituted by Act 32 of 2003 w.e.f. 19.11.2001.

² Substituted by Act 32 of 2003 w.e.f. 16.6.2003.

³ Inserted by Act 5 of 2005 w.e.f. 1.4.2005.

⁴ Substituted by Act 5 of 2005 w.e.f. 1.4.2005.

⁵ Substituted for the words “fifty percent of the market value guidelines”, by Act 04 of

2021 w.e.f 19.01.2021.

1. (2) The taxable capital value of the vacant land shall be 2[equivalent of 3[twenty five percent of] the prevailing 1[market value guidelines] of properties published] of the land notified by the Government under section 45B of the Karnataka Stamp Act, 1957. of 2021 w.e.f 19.01.2021. 2[

¹ Substituted by Act 32 of 2003 w.e.f. 20.8.2003.

² Substituted by Act 5 of 2005 w.e.f. 1.4.2005.

³ Substituted for the words “ fifty percent of the market value guidelines”, by Act 04

(1) Notwithstanding anything contained in section 108 and 109 the property tax assessed and levied under either provision shall be assessed in year of revision of guidance value of property under section 45B of the Karnataka Stamps Act, 1957. (2) The property tax shall stand enhanced by three percent for every financial year in which no revision of guidance value is made. Provided that, the Municipal Corporation may enhance such property tax up to five percent for every financial year and different rate of enhancement may be made to different areas and different classes of buildings and lands. Provided further that, nothing contained in this section shall be deemed to affect the power of State Government to direct an earlier revision of property tax. Explanation: “Financial year” shall mean the year commencing on the first day of April.] ] w.e.f.1.4.2005. 1[109A. Enhancement of property tax.- Notwithstanding anything contained in section 1. Inserted by Act 31 of 2001 w.e.f. 19.11.2001 and substituted by Act 5 of 2005 2. Substituted by Act 04 of 2021 w.e.f. 19.01.2021, The previous text was, “ 108 and 109 the property tax assessed and levied under either provision shall not be assessed each year thereafter but shall stand enhanced by 15 percent once in every three years commencing from the financial year 2005-2006: Provided that the Municipal Corporation may enhance such property tax upto 30 percent once in three years and different rates of enhancement may be made to different areas and different classes of buildings and lands: Provided further that the non assessment of property tax under this section during the block period of three years shall not be applicable to a building in respect of which there is any addition, alteration or variation to it. Provided also that nothing contained in this section shall be deemed to affect the power of State Government to direct an earlier revision of property tax.] ”.

1. (2) The property tax shall stand enhanced by three percent for every financial year in which no revision of guidance value is made. Provided that, the Municipal Corporation may enhance such property tax up to five percent for every financial year and different rate of enhancement may be made to different areas and different classes of buildings and lands. Provided further that, nothing contained in this section shall be deemed to affect the power of State Government to direct an earlier revision of property tax. Explanation: “Financial year” shall mean the year commencing on the first day of April.] ] w.e.f.1.4.2005. 1[109A. Enhancement of property tax.- Notwithstanding anything contained in section

¹ Inserted by Act 31 of 2001 w.e.f. 19.11.2001 and substituted by Act 5 of 2005

² Substituted by Act 04 of 2021 w.e.f. 19.01.2021, The previous text was, “

108 and 109 the property tax assessed and levied under either provision shall not be assessed each year thereafter but shall stand enhanced by 15 percent once in every three years commencing from the financial year 2005-2006: Provided that the Municipal Corporation may enhance such property tax upto 30 percent once in three years and different rates of enhancement may be made to different areas and different classes of buildings and lands: Provided further that the non assessment of property tax under this section during the block period of three years shall not be applicable to a building in respect of which there is any addition, alteration or variation to it. Provided also that nothing contained in this section shall be deemed to affect the power of State Government to direct an earlier revision of property tax.]

”.

1[(1)] The following buildings and lands shall be exempted from the property tax:- 1. Re-numbered by Act 31 of 2001 w.e.f. 19.11.2001

1. (a) places set apart for public worship and either actually so used or used for no other purposes;
2. (b) choultries for the occupation of which no rent is charged and choultries the rent charged for occupation of which is used exclusively for charitable purposes;
3. (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;

1. (d) such ancient monuments protected under the Karnataka Ancient and Historical Monuments and Archaeological Sites and Remains Act, 1961 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;
2. (e) charitable hospitals and dispensaries but not including residential quarters attached thereto;
3. (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;
4. (g) burial and cremation grounds included in the list published by the Commissioner under sub-section (3) of section 394;
5. (h) 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,-
6. (a) students hostels which are not established or conducted for profit;
7. (b) educational purposes by recognised educational institutions;
8. (c) the offices of Labour Associations registered under the Trade Union Act, 1926 and belonging to such Association;
9. (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 3[or industrial] purposes;
10. (k) buildings or lands belonging to 1[any Urban Development Authority constituted under the Karnataka Urban Development Authorities Act, 1987] , the Bangalore Development Authority, 2[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;
11. (l) land which is registered as land used for agricultural purposes in the revenue accounts of 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 1[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 1[vacant land] is used for purposes of Government and not used or intended to be used for residential or commercial 2[or industrial] purposes shall be binding on the corporation. 1[(1A) 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,-
12. (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;
13. (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.] 1[(2) 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.]

¹ Substituted by Act 32 of 2003 w.e.f. 20.8.2003.

² Inserted by Act 15 of 2010 w.e.f. 16.4.2010.

³ Inserted by Act 02 of 2022 w.e.f. 13.01.2022.

¹ Substituted by Act 32 of 2003 w.e.f. 19.11.2001.

² Inserted by Act 02 of 2022 w.e.f. 13.01.2022.

¹ Inserted by Act 19 of 2012 w.e.f. 28.4.2012.

¹ Inserted by Act 31 of 2001 w.e.f. 19.11.2001.

The property tax on buildings and lands shall, subject to the prior payment of the land revenue, if any, due thereon to the Government be a first charge upon the said buildings or lands and upon the movable property, if any, found within or upon such buildings or lands and belonging to the person liable to such tax.

(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 Government or the corporation, from the actual occupier thereof: 1[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. 1. Substituted by Act 24 of 1978 w.e.f. 29.9.1978. (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. (3) The property tax shall be paid by the person primarily liable within 1[ninety days] after the commencement of every 1[year] . 2[Provided that, for the financial year 2020-2021, the property tax shall be paid by the person primarily liable, within one month from the date of commencement of the Karnataka Municipalities and Certain Other Law (Amendment) Act, 2021] 1[(4) If default is made in making payment in accordance with sub- section (3), the person liable to pay the tax shall pay a penalty at the rate of two percent per month of the amount of tax remaining unpaid after the expiry of the period specified in sub-section (3)] 1. Sub-section (4) to (7) Omitted by Act 31 of 2001 and sub-section (4) inserted by Act 32 of 2003 w.e.f. 16.6.2003. 1. Substituted by Act 31 of 2001 w.e.f. 19.11.2001. 2. Inserted by Act 07 of 2021 w.e.f. 19.02.2021

1. (a) if the premises are held immediately from Government or the corporation, from the actual occupier thereof: 1[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.]
2. (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.

¹ Substituted by Act 24 of 1978 w.e.f. 29.9.1978.

1. (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.
2. (3) The property tax shall be paid by the person primarily liable within 1[ninety days] after the commencement of every 1[year] . 2[Provided that, for the financial year 2020-2021, the property tax shall be paid by the person primarily liable, within one month from the date of commencement of the Karnataka Municipalities and Certain Other Law (Amendment) Act, 2021] 1[(4) If default is made in making payment in accordance with sub- section (3), the person liable to pay the tax shall pay a penalty at the rate of two percent per month of the amount of tax remaining unpaid after the expiry of the period specified in sub-section (3)] 1. Sub-section (4) to (7) Omitted by Act 31 of 2001 and sub-section (4) inserted by Act 32 of 2003 w.e.f. 16.6.2003.

¹ Substituted by Act 31 of 2001 w.e.f. 19.11.2001.

² Inserted by Act 07 of 2021 w.e.f. 19.02.2021

(1) Every owner or occupier who is liable to pay property tax under this Act, shall every year submit to the Commissioner or the officer authorised by him in this behalf (hereinafter referred to as authorised officer) a return in such form within such period and in such manner as specified in schedule III. Provided that if the owner or occupier who is liable to pay tax files return and also pays tax which is due, within one month from the date of commencement of the year, he shall be allowed a rebate of five percent on the tax payable by him.

1[Provided further that, for the financial year 2020-2021 if the owner or occupier who is liable to pay tax files return and also pays tax which is due or within one month from the date of commencement of the Karnataka Municipalities and Certain Other Law (Amendment) Act, 2021, he shall be allowed a rebate of five percent on the tax payable by him.

¹ Inserted by Act 07 of 2021 w.e.f. 19.02.2021

Provided also that, in case property tax is paid in full in the financial year 2020-21 before the commencement of the Karnataka Municipalities and Certain Other Law (Amendment) Act, 2021, the rebate so allowed shall be adjusted in payment of tax for the future years.]

1. (2) Before any owner or occupier submits any return under sub-section (1), he shall pay in advance full amount of the property tax payable by him on the basis of such return and shall furnish alongwith the return satisfactory proof of payment of such tax and the tax so payable shall for the purposes of this Act be deemed to be the property tax due from such owner or occupier. After the final assessment is made the amount of property tax so paid shall be deemed to have been paid towards the property tax finally assessed.
2. (3) If the Commissioner or the authorised officer is satisfied that any return submitted under sub-section (1) is correct and complete, he shall asses the property tax in accordance with the provisions of this Act and the rules made thereunder and shall send a copy of the order of assessment to the owner or occupier concerned. Assessment under this sub-section shall be concluded within one year from the date of submission of return under sub- section (1). 1[Notwithstanding anything contained in this sub-section the assessment made under this sub-section for any return submitted under sub-section (1) for the last six financial years, starting from the financial year 2023-24, shall be concluded within one year.]
3. (4) If any owner or occupier fails to submit a return as required under sub-section (1) 1[or fails to pay in advance the amount of property tax payable by him as required under Sub-section (2)] or submits an incomplete or incorrect return, the Commissioner or the authorised officer, shall cause an inspection of the land and building and may also cause such local enquiry as may be considered necessary, and based on such inspection and information collected, he shall assess the property tax and send a copy of the order of assessment to the owner or occupier concerned.
4. (5) When making an assessment of property tax under sub-section (3) or (4), the Commissioner or the authorised officer may also direct the owner or occupier to pay in addition to the property tax assessed a penalty,- 1[(a) at the rate of two percent per month of the amount of property tax assessed and due in case of failure to pay the amount of property tax and to submit a return]
   • (b) not exceeding two times the amount of difference between the property tax assessed and the property tax paid along with his return

¹ Inserted by Act 43 of 2024 w.e.f. 10.09.2024.

¹ Inserted by Act 32 of 2003 w.e.f. 16.6.2003.

¹ Substituted by Act 32 of 2003 w.e.f. 16.6.2003.

in the case of knowingly submitting an incomplete or incorrect return.

¹ Inserted by Act 32 of 2003 w.e.f. 16.6.2003.

1[(c) One hundred rupees in case of failure to submit a return after payment of property tax in full.]

1. (6) The owner or occupier may either accept the property tax assessed and the penalty if any, levied or send objections to the Commissioner or the authorised officer within a period of thirty days from the date of receipt of a copy of the order under sub-section (3) or (4).
2. (7) The Commissioner or the authorised officer shall consider the objections and pass such order either confirming or revising the assessment of such tax and penalty if any, 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.
3. (8) In order to facilitate filing of a return by an owner or occupier of any 1[building or vacant land]

and assessment of property tax under this section,

¹ Substituted by Act 32 of 2003 w.e.f. 19.11.2001.

the corporation shall, from time to time issue guidelines for determining the taxable capital value and property tax payable thereon.

(1) A property tax register in respect of buildings 1. Substituted by Act 43 of 2024 w.e.f. 10.09.2024. 1[vacant building sites] or both in the city shall be maintained in such form and in such manner as may be prescribed. 1[(1A) (i) Notwithstanding anything contained in the Act, prior approval for the layout plan by the jurisdictional planning authority under section 17 of the Karnataka Town and Country Planning Act, 1961 (Karnataka Act 11 of 1963) shall be obtained by the Commissioner or any officer authorized by the Commissioner to issue new PID or khata for the building sites meant for the purposes of construction of building. (ii) No new PID or khata shall be issued by the Commissioner or any officer authorized by the Commissioner of Corporation, without complying with the provisions under section 17 and sub-section (2-E) of section 17 of the Karnataka Town and Country Planning Act, 1961(Karnataka Act 11 of 1963): Provided that, if the Commissioner or any officer authorized by the Commissioner of the Corporation fails to comply with the said provisions of the Karnataka Town and Country Planning Act, 1961 (Karnataka Act 11 of 1963) and section 505 of this Act, and issues new PID or khata to an unlawfully formed plot, the concerned officer shall be liable for such penalty and punishment as may be prescribed. (1B) (i) The Corporation 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 bye-laws or in an unauthorized layout or in a revenue land or from a building occupied without issuance of Occupancy or Completion certificate, only for the property created prior ` 108 to the date of inception of this provision, except for the building constructed illegally in the Government land, land belonging to any local body, any statutory body or an organization, owned or controlled by the Government. The property tax levied for such building or vacant site shall be double the tax payable for the first year and only the property tax shall be levied for the subsequent years, which shall be maintained in a separate register. No new property shall be entered in the register after the date of commencement of the Karnataka Municipalities and Certain other Law (Amendment) Act, 2024: Provided that, levy and collection of property tax under this sub-section from such building or vacant land does not confer any right to regularize violation made, or title, ownership or legal status to such building or vacant land. The persons holding such building or vacant land shall always be liable for legal action for violation of law, in accordance with the provisions of this Act or any other law for the time being in force. The Commissioner shall maintain a record as specified in this section, 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.] 1. Inserted by Act 43 of 2024 w.e.f. 10.09.2024. 1. Omitted by Act 32 of 2003 w.e.f. 20.8.2003. 1[(2) xxx] (3) 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. (4) The 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.

¹ Substituted by Act 43 of 2024 w.e.f. 10.09.2024.

1[vacant building sites] or both in the city shall be maintained in such form and in such manner as may be prescribed.

1[(1A) (i) Notwithstanding anything contained in the Act, prior approval for the layout plan by the jurisdictional planning authority under section 17 of the Karnataka Town and Country Planning Act, 1961 (Karnataka Act 11 of 1963) shall be obtained by the Commissioner or any officer authorized by the Commissioner to issue new PID or khata for the building sites meant for the purposes of construction of building.

1. (ii) No new PID or khata shall be issued by the Commissioner or any officer authorized by the Commissioner of Corporation, without complying with the provisions under section 17 and sub-section (2-E) of section 17 of the Karnataka Town and Country Planning Act, 1961(Karnataka Act 11 of 1963): Provided that, if the Commissioner or any officer authorized by the Commissioner of the Corporation fails to comply with the said provisions of the Karnataka Town and Country

Planning Act, 1961 (Karnataka Act 11 of 1963) and section 505 of this Act, and issues new

PID or khata to an unlawfully formed plot, the concerned officer shall be liable for such penalty and punishment as may be prescribed. (1B) (i) The Corporation 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 bye-laws or in an unauthorized layout or in a revenue land or from a building occupied without issuance of Occupancy or Completion certificate, only for the property created prior ` 108 to the date of inception of this provision, except for the building constructed illegally in the Government land, land belonging to any local body, any statutory body or an organization, owned or controlled by the Government. The property tax levied for such building or vacant site shall be double the tax payable for the first year and only the property tax shall be levied for the subsequent years, which shall be maintained in a separate register. No new property shall be entered in the register after the date of commencement of the Karnataka Municipalities and Certain other Law (Amendment) Act, 2024: Provided that, levy and collection of property tax under this sub-section from such building or vacant land does not confer any right to regularize violation made, or title, ownership or legal status to such building or vacant land. The persons holding such building or vacant land shall always be liable for legal action for violation of law, in accordance with the provisions of this Act or any other law for the time being in force. The Commissioner shall maintain a record as specified in this section, 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.]

¹ Inserted by Act 43 of 2024 w.e.f. 10.09.2024.

¹ Omitted by Act 32 of 2003 w.e.f. 20.8.2003.

1[(2) xxx]

1. (3) 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.
2. (4) The 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.

¹ Omitted by Act 43 of 2024 w.e.f. 10.09.2024.

(1) The 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.

1. (2) A property register shall be maintained in such manner and containing such particulars in respect of buildings or lands or both as specified in Schedule III.
2. (3) For the purpose of preparation of property register or assessment of property tax in respect of any buildings or lands or both, the 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 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] .

1. Sections 112A to 112D Inserted by Act 31 of 2001 w.e.f. 19.11.2001.

(1) If the property tax including penalty leviable under sub- section (5) of section 112A 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.

1. (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.
2. (3) Notwithstanding anything contained in sections 61A or 62 or 444, 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.]

¹ Substituted by Act 31 of 2001 w.e.f. 19.11.2001.

(1) Whenever the title of any person primarily liable to the payment of the property 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 Commissioner.

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 Commissioner within one year from the death of the deceased. 1[(3) Whenever such transfer comes to the knowledge of the Commissioner or authorised officer through such notice the name of the transferee shell be entered in the property tax register.]
2. (4) Every person who makes a transfer as aforesaid without giving such notice to the 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 under section 111.
3. (5) Notwithstanding anything contained in this Act, in respect of any building or land belonging to the City of Mysore Improvement Trust Board, the Bangalore 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 without consulting the Board or local authority concerned.

¹ Substituted by Act 32 of 2003 w.e.f. 20.8.2003.

Where the Commissioner, either suo motu or otherwise, after such enquiry as he considers necessary is satisfied that any transfer of title under section 114 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 three years 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.]

1. Section 114A Inserted by Act 14 of 1995 w.e.f. 3.5.1995.

(1)

1[xxx] If any building in the city is constructed or re-constructed, the owner shall give notice thereof to the Commissioner, within fifteen days from the date of completion or occupation of the building whichever is earlier.

1[(b) xxx]

¹ Omitted by Act 31 of 2001 w.e.f. 19.11.2001.

1[(c) xxx] (2)

1[xxx] If any building in the city is demolished or destroyed, the owner shall, until notice thereof is given to the 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.

1[(b) xxx]

¹ Omitted by Act 31 of 2001 w.e.f. 19.11.2001.

1[(c) xxx]

¹ Omitted by Act 31 of 2001 w.e.f. 19.11.2001.

1[116. Omitted]

upon premises and to condone omission to give notice.- (1) For the purpose of assessing the property tax, the 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 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.

1. (2) For the purpose aforesaid the Commissioner may enter, inspect, survey and measure any building or land after giving twenty-four hour's notice to the owner or occupier.
2. (3) The Commissioner may, at his discretion condone omissions to give notice under section 113, 114, 115 or 116 giving his reasons in writing for every such condonations. 1[118. to 127. x x x] 1[128. to 133. x x x]

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

¹ Omitted by Act 21 of 1979 w.e.f. 31.3.1979.

1[or 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 tax

1[or 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: Provided further that no tax

1[or fee] shall be levied under this section on any advertisment or a notice,-

1. (a) of a public meeting, or corporation of the city, or
2. (b) of an election to any legislative body, or
3. (c) of a candidature in respect of such an election: Provided also that no such tax 1[or fee] shall be levied on any advertisement which is not a sky-sign and which,-
4. (a) is exhibited within the window of any building; or
5. (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
6. (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
7. (d) relates to the business of any railways; or
8. (e) is exhibited within any railway station or upon any wall or other property of a railway except any portion of the surface of such wall or property fronting any street. Explanation 1.- The word 'structure' in this section shall include any movable board on wheels used as an advertisement or an advertisment 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 advertisment upon or over any land, building or structure or upon or over any public place but shall not include,-

1. (a) any flag-staff, pole, van or weather-cock, unless adapted or used wholly or in part for the purpose of any advertisement; or
2. (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
3. (c) any advertisment 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
4. (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

1. (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.

¹ Inserted by Act 30 of 2021 w.e.f. 07.10.2021.

Commissioner.- (1) No advertisement shall, after the levy of the tax

1[or fee] under section 134 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 Commissioner.

1. (2) The Commissioner shall not grant such permission if,-
   • (i) the advertisement contravenes any bye-law made by the corporation; or
   • (ii) the tax 1[or fee] , if any, due in respect of the advertisement has not been paid.
2. (3) Subject to the provisions of sub-section (2), in the case of an advertisement liable to the advertisement tax the Commissioner shall grant permission for the period to which the payment of the tax 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.

¹ Inserted by Act 30 of 2021 w.e.f. 07.10.2021.

The permission granted under section 135 shall become void in the following cases, namely:-

1. (a) if the advertisement contravenes any bye-laws made by the corporation;
2. (b) if any addition to the advertisement be made except for the purpose of making it secure under the direction of the corporation engineer;
3. (c) if any material change be made in the advertisement or any part thereof;
4. (d) if the advertisement or any part thereof falls otherwise than through accident;
5. (e) if any addition or altertation 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

1. (f) if the building, wall or structure upon or over which the advertisement is erected, exhibited, fixed or retained be demolished or destroyed.

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 134 or section 135 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.

If any advertisement be erected, exhibited, fixed or retained contrary to the provisions of section 134 or section 135 or after the written permission for the erection, exhibition, fixation or retention thereof for any period shall have expired or become void, the 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.

Commissioner may farm out the collection of any tax

1[or fee]

¹ Inserted by Act 30 of 2021 w.e.f. 07.10.2021.

on advertisement leviable under section 134 for any period not exceeding one year at a time on such terms and conditions as may be provided for in the bye- laws.

¹ Substituted by Act 8 of 2003 w.e.f. 1.4.2003.

transfer of immovable property shall be levied in the form of a surcharge at the rate of two percent of the duty imposed by the Karnataka Stamp Act, 1957, on instruments of sale, gift, mortgage, exchange or lease in perpetuity of all immovable property situated within the limits of a larger urban area.]

On the introduction of duty on transfer,- (a) 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 out side the city, (b) section 64 of the same Act shall be read as if it referred to the corporation as well as the Government.

1. (a) 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 out side the city,
2. (b) section 64 of the same Act shall be read as if it referred to the corporation as well as the Government.

The Government may make rules not inconsistent with this Act for 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.

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 Commissioner may, at any time within six years from the date on which such person should have been assessed, 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. (1) The corporation may, instead of imposing a water-rate or where a water- rate has been imposed, in individual cases, instead of levying a rate imposed in respect of the supply of water belonging to the corporation to or for use in connection with any private lands or buildings,-
   • (a) fix at rates not exceeding such as shall be specified in the rules in force under section 421 charges for such supply according to the quantity used, as ascertained by measurement; or
   • (b) arrange with any person on his application to supply on payment, periodically or otherwise, water belonging to the corporation, in such quantities or for such purposes (whether domestic, ornamental, or irrigational or far trade, manufacture or any other purpose), on such terms and subject to such conditions as it shall fix by agreement with such person: Provided that,-
     • (i) the meters, connection-pipes and all other works necessary for and incidental to such supply and all repairs, extensions and alterations of such works shall be under the control of the corporation and the expense thereof shall, so far as not inconsistent with the rules or bye-laws be defrayed by the person liable for the charges or payments fixed in respect of such supply; and
     • (ii) such supply of water shall be and shall be deemed to have been granted, subject to all such conditions as to the limit or stoppage thereof, and so to the prevention of waste or misuse, as are prescribed in the bye- laws for the time being in force.
2. (2) The corporation may compound for a period not exceeding one year at a time, with any person for a sum to be fixed in accordance with a scale approved by the corporation and to be paid monthly, quarterly or half yearly, in advance in lieu of all tolls payable in respect of any vehicle belonging to such person and issue a pass for the free admittance of the vehicle or animal within the limits of the city, provided that the sum charged shall not be less than one half of the amount which such person would have been liable to pay if the vehicle had to pay roll once every day during the period for which the pass is issued.
3. (3) Every sum claimed by a corporation due under sub-section (1) as charges, payments or expenses, or as lumpsum under section 120, shall for the purpose of this Chapter be deemed to be, and shall be recoverable in the same manner as an amount claimed on account of a tax recoverable under this Chapter: Provided that nothing in this section shall affect the right or power of a

corporation to contract with any person to supply for use beyond the limits of the city at such rates and on such conditions as the corporation may think fit, any quantity of water belonging to the corporation but not required for the purpose of this Act.

unfair in its incidence, or that the levy thereof, or of any part thereof, is obnoxious to the interests of the general public, the Government may require the said corporation, within such period as it shall fix in this behalf to take measures for removing any objection which appears to it exist to the said tax or fee, and if within the period so fixed, such requirement shall not be carried into effect to the satisfaction of the Government, it may, by notification suspend the levy of such tax or of such part thereof, until such time as the objection thereto shall be removed.

1. (2) The Government may at any time, by a notification rescind any such suspension.

¹ Substituted by Act 32 of 2003 w.e.f. 20.8.2003.

taxes.- The Government may, by notification require the corporation to impose any tax specified in the notification as may be imposed under section 103 in such manner and to such extent as the Government considers fit, and the corporation shall forthwith proceed to impose the tax in accordance with the requisition.]

The Rules and tables embodied in Schedule III shall be read as part of this Chapter.

¹ Omitted by Act 32 of 2003 w.e.f. 16.6.2003.

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.

(1) There shall be constituted a Fund called the Urban Transport Fund which shall consist of,- (i) Urban Transport Cess collected under section 103C of this Act and section 94A of the Karnataka Municipalities Act, 1964 (Karnataka Act 22 of 1964); (ii) all grants received from the State Government and Central Government, if any; and (iii) any other receipts, interest or any other form of income to this fund. (2) The Urban Transport Fund shall be utilized for,- (i) co-ordinated planning, projects formulation and implementation relating to urban transport and their integrated management; (ii) conducting studies, research, promotion and compaign to encourage for use of public transport; (iii) capacity building in the urban local bodies, parastatal agencies and in the State Government; and (iv) 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 State Government shall appoint one of its officers as the auditor who shall subject to supervision and control of the Controller of State 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 Commissioner of the Corporation or any officer of Municipal Corporation, Municipality or Municipal Council 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 State 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 Legislature.] 1. Section 149A Inserted by Act 31 of 2012 w.e.f. 7.10.2013 by notification No.UDD 99 PRJ 2013, dated:7.10.2013.

1. (i) Urban Transport Cess collected under section 103C of this Act and section 94A of the Karnataka Municipalities Act, 1964 (Karnataka Act 22 of 1964);
2. (ii) all grants received from the State Government and Central Government, if any; and
3. (iii) any other receipts, interest or any other form of income to this fund.

1. (2) The Urban Transport Fund shall be utilized for,-
   • (i) co-ordinated planning, projects formulation and implementation relating to urban transport and their integrated management;
   • (ii) conducting studies, research, promotion and compaign to encourage for use of public transport;
   • (iii) capacity building in the urban local bodies, parastatal agencies and in the State Government; and
   • (iv) any other purpose as may be prescribed by the State Government.
2. (3) The Directorate of Urban Land Transport shall be the Secretariat to administer the fund constituted under sub-section (1).
3. (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.
4. (5) The State Government shall appoint one of its officers as the auditor who shall subject to supervision and control of the Controller of State 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 Commissioner of the Corporation or any officer of Municipal Corporation, Municipality or Municipal Council shall furnish to him any information concerning any receipt of expenditure which may be required by him.
5. (6) The Director of Urban Land Transport shall prepare Annual Report of the operation of the Fund and furnish the report to the State 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 Legislature.]

1. Section 149A Inserted by Act 31 of 2012 w.e.f. 7.10.2013 by notification No.UDD 99 PRJ 2013, dated:7.10.2013.

(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.

1. (2) The government shall appoint one of its officers as the Corporation Chief Auditor who shall 1[subject to the supervision and control of the Controller of State Accounts] conduct an audit of the corporation accounts and for this purpose, he shall have access to the corporation accounts and to all receipts and expenditure relating thereto and the Commissioner shall furnish to him any information concerning any receipt or expenditure which may be required by him. 3[ 2[(2-A) Subject to the provisions of any law for the time being in force, the audit of all transactions of receipts and expenditure of Municipal Corporations 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 State Government for being placed before both Houses of the State Legislature. (2-B) The Controller, State Accounts Department shall send Consolidated Annual Audited Report pertaining to all Municipal Corporations to the State Government for being placed before both Houses of the State Legislature.] 4[(2-C) XXX.] ] 4[ (2-D) XXX] ]
2. (3) The Corporation Chief Auditor shall report to the prescribed municipal 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.
3. (4) 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 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.

¹ Inserted by Act 36 of 1986 w.e.f. 17.6.1986.

² Inserted by Act 24 of 2011 w.e.f. 10.6.2011.

³ Substituted by Act 20 of 2012 w.e.f. 14.3.2012.

⁴ Omitted by Act 20 of 2012 w.e.f. 14.3.2012.

Save as otherwise provided in this Act, the financial rules of the Corporation shall be as prescribed.

Notwithstanding anything contained in this Act, the

1[Bruhat Bangalore Mahanagara Palike] shall make such contribution to the Bangalore Water Supply and Sewerage Board for supply of water for the benefit of such class of inhabitants of the City of Bangalore in accordance with such arrangements as the said corporation has entered into with the said Board before the commencement of this Act.

1. Deemed to have been substituted by Act 22 of 2009 w.e.f.04.06.2009.

(1) If the expenditure incurred by the Government or by any local authority 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.

1. (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.
2. (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.

(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,-

1. (a) for the construction of works,
2. (b) for the acquisition of lands and buildings, or
3. (c) to pay off any debt due to Government, or
4. (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.

1. (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.

The time for the repayment of any money borrowed under section 154 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.

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 Chapter X.

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.

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:

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.

(1) The corporation shall maintain sinking funds for the repayment of money borrowed on debentures issued and shall pay by quarterly instalments into such sinking funds such sum as will be sufficient for the repayment within the period fixed for the loan of all moneys borrowed on debentures issued. (2) All moneys paid into the sinking funds shall, as soon as possible, be invested by the Commissioner in,- (a) securities of the Government or the Government of India, or (b) securities guaranteed by the Government, and shall be invested in the joint names of the Commissioner and Secretary to Government, Finance Department and the Controller, State Accounts Department, to be held by them as trustees for the purpose of repaying at due date the debentures issued by the corporation. Every such investment shall be reported by the Commissioner to the corporation within fifteen days. (3) All dividends and other sums received in respect of any such investment shall, as soon as possible after receipt, be paid into the sinking fund and invested in the manner laid down in sub-section (2). (4) When any part of a sinking fund is invested in corporation debentures, or is applied in paying off any part of a loan before the period fixed for repayment, the interest which would otherwise have been payable on such debentures or on such part of the loan shall be paid into the sinking fund and invested in the manner laid down in sub-section (2). (5) Any investment made under this section may, subject to the provisions of sub-section (2), be varied or transposed.

1. (2) All moneys paid into the sinking funds shall, as soon as possible, be invested by the Commissioner in,-
   • (a) securities of the Government or the Government of India, or
   • (b) securities guaranteed by the Government, and shall be invested in the joint names of the Commissioner and Secretary to Government, Finance Department and the Controller, State Accounts Department, to be held by them as trustees for the purpose of repaying at due date the debentures issued by the corporation. Every such investment shall be reported by the Commissioner to the corporation within fifteen days.
2. (3) All dividends and other sums received in respect of any such investment shall, as soon as possible after receipt, be paid into the sinking fund and invested in the manner laid down in sub-section (2).
3. (4) When any part of a sinking fund is invested in corporation debentures, or is applied in paying off any part of a loan before the period fixed for repayment, the interest which would otherwise have been payable on such debentures or on such part of the loan shall be paid into the sinking fund and invested in the manner laid down in sub-section (2).
4. (5) Any investment made under this section may, subject to the provisions of sub-section (2), be varied or transposed.

The aforesaid trustees 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 under section 163, 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.

(1) The aforesaid trustees shall, at the end of every year submit to the corporation a statement showing,- (a) the amount which has been invested during the year under section 160; (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 under section 161 in or towards discharging loans. (2) Every such statement shall be laid before the corporation and published.

1. (a) the amount which has been invested during the year under section 160;
2. (b) the date of the last investment made previous to the submission of the statement;
3. (c) the aggregate amount of the securities then in their hands; and
4. (d) the aggregate amount which has, up to the date of the statement, been applied under section 161 in or towards discharging loans.

1. (2) Every such statement shall be laid before the corporation and published.

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, 19.........") and invite the holders of corporation debenture to exchange their debentures for scrip of such loan.

1. (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 Government.
2. (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.
3. (4) The corporation shall provide for the repayment of any such consolidated loan by a sinking fund in the manner laid down in section 160 having regard to the amount transferred to such sinking fund under section 161.

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.

(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.

1. (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

Estimates of expenditure and income to be prepared annually by the Commissioner.- The Commissioner shall, on or before the fifteenth day of January each year prepare and submit to the standing committee a budget containing a detailed estimate of income and expenditure for the ensuing year, and, if it is in his opinion necessary or expedient to vary taxation or to raise loans shall submit his proposals in regard thereto.

for

[or as the case may be, standing committee for taxation and finance] .- (1) The standing committee for

[in the case of corporations other than the

3[Bruhat Bangalore Mahanagara Palike]

and the standing committee for taxation and finance in the case of

3[Bruhat Bangalore] Mahanagara Palike] shall, on or as soon as may be, after the fifteenth day of January consider the estimates and proposals of the 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 Commissioner and having regard to all the requirements of this Act, shall prepare therefrom, subject to such modifications and additions therein or thereto as it shall think

¹ Substituted by Act 35 of 1994 Notification bringing it into force not available.

² Inserted by Act 27 of 1998 w.e.f. 21.11.1998.

fit, a budget estimate of the income and expenditure of the corporation for the next year.

3. Deemed to have been substituted by Act 22 of 2009 w.e.f.04.06.2009.

1. (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.
2. (3) The 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.

At a meeting of the corporation which shall be called for some day in the first week of February the budget estimate prepared by the standing committee shall be laid before the corporation.

The corporation may refer the budget estimate back to the standing committee for further consideration and re- submission within a specified time or adopt the budget estimate or any revised budget estimate submitted to it either as it stands or subject to such alteration as it deems expedient: Provided that the budget finally adopted by the corporation shall make adequate and suitable provision for each of the matters referred to in clauses (a) and (b) of sub-section (2) of section 167.

1. (a) and (b) of sub-section (2) of section 167.

(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.

1. (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.

The Corporation may, on the recommendation of the standing committee for 1[taxation, finance and appeals] 1 2 [in the case of corporations other than the 3[Bruhat Bangalore Mahanagara Palike] and the standing committee for taxation and finance in the case of 3[Bruhat Bangalore] ,Mahanagara Palike] 2. Inserted by Act 27 of 1998 w.e.f. 21.11.1998. 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. 1..Substituted by Act 35 of 1994 Notification bringing it into force not available. 3.Deemed to have been substituted by Act 22 of 2009 w.e.f.04.06.2009.

1[taxation, finance and appeals] 1 2 [in the case of corporations other than the

and the standing committee for taxation and finance in the case of

² Inserted by Act 27 of 1998 w.e.f. 21.11.1998.

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. 1..Substituted by Act 35 of 1994 Notification bringing it into force not available.

3.Deemed to have been substituted by Act 22 of 2009 w.e.f.04.06.2009.

(1) The standing committee for

1[taxation, finance and appeals]

2[or as the case may be, standing committee for taxation and finance] may, if it thinks necessary at any time during the year,-

1. (a) reduce the amount of a budget grant; or
2. (b) transfer and add the amount or a portion of the amount of one budget grant to the amount of any other budget grant: Provided that,-
   • (i) due regard shall be had, when making any such reduction or transfer, to all the requirements of this Act;
   • (ii) the aggregate sum of the budget grants contained in the budget estimate adopted by the corporation shall not be increased except by the corporation under section 171;
   • (iii) every such reduction or transfer shall be brought to the notice of the corporation at its next meeting.

¹ Substituted by Act 35 of 1994 Notification bringing it into force not available.

² Inserted by Act 27 of 1998 w.e.f. 21.11.1998.

1. (2) If any such reduction or transfer is of an amount exceeding rupees five hundred, the corporation may pass with regard thereto such order as it thinks fit, and it shall be incumbent on the standing committee and the

Re-adjustment of income and expenditure to be made by the corporation during the course of the official year whenever necessary.-

1. (1) If it shall at any time during any year appear to the corporation upon the representation of the standing committee for 1[taxation, finance and appeals] 2[or as the case may be, standing committee for taxation and finance] , that, notwithstanding any reduction of budget grants that may have been made under section 172, 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. (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.

¹ Substituted by Act 35 of 1994 Notification bringing it into force not available.

² Inserted by Act 27 of 1998 w.e.f. 21.11.1998.

(1) All property of the nature herein specified, and not being specially reserved by Government, shall be vested in and belong to the corporation and shall, together with all other property or whatsoever nature or kind not being specially reserved by Government, which may become vested in the corporation, be under its direction, management and control and shall be held and applied by it as trustee, subject to the provisions and for the purposes of this Act, that is to say,-

1. (a) all public parks, playgrounds, and open spaces reserved for ventilation;
2. (b) all public lamps, lamp posts and apparatus connected therewith or appertaining thereto;
3. (c) all gates, markets, slaughter houses, manure and refuse depots and public buildings of every description.

1. (2) The corporation may accept trusts relating exclusively to the furtherance of purposes to which the corporation funds may be applied.

Subject to the provisions of section 174, the Commissioner may, for the purpose of this Act, acquire on behalf of the corporation movable or immovable property within or without the city or any interest in such property: Provided that,- (a) the Commissioner shall be bound by any resolution of the standing committee fixing terms, rates or maximum prices for a particular case or for any class of cases; (b) the sanction of the standing committee shall be required for the exchange of any immovable property, for the taking of any property on lease for a term exceeding twelve months, or for the acceptance of any gifts or bequest of property burdened by an obligation; and (c) the sanction of the corporation and the Government shall be required,- (i) for the acceptance or acquisition of any immovable property if the value of the property which it is proposed to accept, acquire or give in exchange exceeds one thousand rupees; (ii) for the taking of any property on lease for a term exceeding three years; or (iii) for the acceptance of any gift or bequest of property burdened by an obligation if the value of such property exceeds one thousand rupees.

1. (a) the Commissioner shall be bound by any resolution of the standing committee fixing terms, rates or maximum prices for a particular case or for any class of cases;
2. (b) the sanction of the standing committee shall be required for the exchange of any immovable property, for the taking of any property on lease for a term exceeding twelve months, or for the acceptance of any gifts or bequest of property burdened by an obligation; and
3. (c) the sanction of the corporation and the Government shall be required,-
   • (i) for the acceptance or acquisition of any immovable property if the value of the property which it is proposed to accept, acquire or give in exchange exceeds one thousand rupees;
   • (ii) for the taking of any property on lease for a term exceeding three years; or
   • (iii) for the acceptance of any gift or bequest of property burdened by an obligation if the value of such property exceeds one thousand rupees.

(1) Subject to the provisions of section 182, the Commissioner may dispose of by sale or exchange of any corporation movable property

1[xxx] or grant for any term not exceeding

2[two years]

¹ Omitted by Act 32 of 2003 w.e.f. 16.6.2003.

² Substituted by Act 32 of 2003 w.e.f. 16.6.2003.

a lease of any corporation immovable property or a lease or concession of any right of fishing or grazing or of gathering and taking fruit and the like: Provided that such lease or concession shall be subject to the condition that the grantee shall not erect any permanent structure on the demised premises: Provided further that every such disposal, lease or concession made or granted by the Commissioner shall be reported to the standing committee within fifteen days.

1. (2) With the sanction of the standing committee the Commissioner may dispose of by sale or exchange any corporation movable property 1[xxx] or grant for any term not exceeding three years a lease of any corporation immovable property or a lease or concession of any such right as aforesaid.
2. (3) With the sanction of the corporation the Commissioner may lease, sell or otherwise dispose of any corporation movable property.
3. (4) The sanction of the standing committee under sub-section (2) or that of the corporation under sub-section (3) may be given either generally or for any class of cases or specially for any particular case.
4. (5) The Commissioner may lend or let out on hire any corporation movable property on such conditions and for such periods as may be specified in the regulations.
5. (6) Notwithstanding anything contained in this Act,-
   • (a) no movable property exceeding such sum in value as may be prescribed shall be sold otherwise than by public auction;
   • (b) (i) no property whether movable or immovable of whatever value shall be transferred free of cost or for an upset price;
     • (ii) no lease of any immovable property exceeding five years shall be granted 1[except with the previous sanction of the Government] ;
     • (iii) no immovable property shall be disposed of by sale or by other transfer, except with the previous sanction of the Government.

¹ Omitted by Act 32 of 2003 w.e.f. 16.6.2003.

¹ Inserted by Act 64 of 2025 w.e.f. 12.09.2025.

Land Acquisition Act, 1894.- Any immovable property which any municipal authority is authorised by this Act to acquire may be acquired under the provisions of the Land Acquisition Act, 1894, and on payment of the compensation awarded under the said Act in respect of such property and of any other charges incurred in acquiring it, the said property shall vest in the corporation.

(1) Any land or other property transferred to the corporation by the Government shall not, unless, otherwise expressly provided in the instrument of transfer, belong by right of ownership to the corporation, but shall vest in it subject to the terms and conditions of the transfer and on the contravention of any of the said terms and conditions, the land or other property with all things attached thereto, including all fixtures and structures thereon, shall vest in the Government and it shall be lawful for the Government by order to resume possession thereof. (2) 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.

and conditions of the transfer and on the contravention of any of the said terms and conditions, the land or other property with all things attached thereto, including all fixtures and structures thereon, shall vest in the Government and it shall be lawful for the Government by order to resume possession thereof.

1. (2) 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.

(1) In any city to which a survey of lands other than lands ordinarily used for the purpose of agriculture only has been or shall be extended under any law for the time being in force, 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

2[Regional Commissioner of the concerned revenue region] after enquiry of which due notice has been given, to pass an order deciding the claims.

1. (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.
2. (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.] 1. Section 178A insertted by Act 14 of 1995 w.e.f. 3.5.1995.

² Substituted by Act 17 of 2007 w.e.f. 5.1.2007.

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.

The corporation may determine for any particular case whether the Commissioner shall execute work by contract or otherwise.

The powers of the several authorities to sanction estimates shall be as prescribed.

(1) The corporation may enter into any contract and perform such contracts as it may consider necessary or expedient for carrying into effect the provisions of this Act.

1. (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 shall be made by or on behalf of the corporation by the Commissioner;
   • (b) no contract for any performance which, in accordance with the provisions of this Act, the Commissioner may not carry out without the sanction of one or other municipal authorities or of the Government shall be made by him unless such sanction has been given;
   • (c) any contract involving any expenditure exceeding such limits as may be specified in the rules shall be made by the Commissioner unless the requirement regarding the procedure to be followed has been followed, and unless the authority which is competent to accord sanction has accorded such

sanction and where the sanction to be accorded is by the Government unless such sanction has been accorded by the Government.

1. (3) These provisions shall apply to any variation of the contract involving an increase of such percentage over the expenditure involved in the original contract as may be prescribed.
2. (4) Subject to such rules as may be made in this behalf every contract to be entered into by the Commissioner on behalf of the corporation shall be entered into in such manner and form as would bind him if it were made on his own behalf and may in like manner and form be varied or discharged. Provided that,-
   • (a) the common seal of the corporation shall be affixed to every contract, which, if made between private persons, would require to be under seal; and
   • (b) every contract for the execution of any work or the supply of any materials or goods which will involve an expenditure exceeding one thousand rupees shall be in writing and shall be sealed with the common seal of the corporation and shall specify,-
     • (i) the work to be done or the materials or goods to be supplied, as the case may be;
     • (ii) the price to be paid for such work, materials or goods, and
     • (iii) in the case of a contract for work, time within which the work or specified portions thereof shall be completed.
3. (5) The common seal of the corporation shall remain in the custody of the Commissioner and shall not be affixed to any contract or other instrument except in the presence of the Commissioner and the Commissioner shall sign the contract or instrument in token that the same was sealed in his presence.
4. (6) No contract executed otherwise than as provided in this section shall be binding on the corporation.

(1) At least seven days before entering into any contract or the execution of any work or the supply of any materials or goods which will involve and expenditure 1. Substituted by Act 32 of 1986 w.e.f. 17.6.1986 and again substituted by Act 32 of 1[exceeding such amount as may be notified by the Government from time to time] the Commissioner shall give notice by advertisment inviting tenders for such contract: Provided that such advertisment shall be published only in such newspapers having such circulation as may be prescribed: Provided further that the standing committee may, at the instance of the Commissioner and for reasons which shall be recorded in its proceedings, authorise the Commissioner to enter into a contract without inviting tenders. 2003 w.e.f. 16.6.2003. 1. Substituted by Act 32 of 2003 w.e.f. 16.6.2003. 1[(2) On receipt of the tenders made in pursuance of the notice given under sub-section (1), the Commissioner may, accept or reject any tender in accordance with the provisions of the Karnataka Transparency in public procurements Act, 1999 (Karnataka Act 29 of 2000)]

¹ Substituted by Act 32 of 1986 w.e.f. 17.6.1986 and again substituted by Act 32 of

1[exceeding such amount as may be notified by the Government from time to time] the Commissioner shall give notice by advertisment inviting tenders for such contract: Provided that such advertisment shall be published only in such newspapers having such circulation as may be prescribed: Provided further that the standing committee may, at the instance of the Commissioner and for reasons which shall be recorded in its proceedings, authorise the Commissioner to enter into a contract without inviting tenders. 2003 w.e.f. 16.6.2003.

¹ Substituted by Act 32 of 2003 w.e.f. 16.6.2003.

1[(2) On receipt of the tenders made in pursuance of the notice given under sub-section (1), the Commissioner may, accept or reject any tender in accordance with the provisions of the Karnataka Transparency in public procurements Act, 1999 (Karnataka Act 29 of 2000)]

When work is given on contract at unit rates and the number of units is not precisely determinable, the contract shall be not deemed to contravene the provisions of section 182 or section 183 merely by reason of the fact that the pecuniary limits laid down therein are eventually exceeded.

The commissioner shall take sufficient security for the due performance of every contract into which he enters after a tender has been accepted, and may take security for the due performance of any other contract into which he enters.

1[certain provisions of this Chapter] .-

1[Provisions of sections 187 to 244] shall not apply to any city for which

¹ Substituted by Act 31 of 2001 w.e.f. 19.11.2001.

separate water supply and sewerage arrangements are made by or under any law for the time being in force.

(1) The corporation may with the sanction of the Government construct, lay or erect filtration plants, reservoirs, machinery, conduits, pipes or other works for supplying water to the city and may provide tanks, reservoirs, machinery mains, fountains and other conveniences within the city for the use of the inhabitants.

1. (2) The corporation may cause existing water works to be maintained and supplied with water or it may close any such works and substitute other such works and may cause them to be maintained and supplied with water.

No person shall except with permission duly obtained from the Commissioner, enter on land vested in the corporation along which a conduit or pipe runs or on any premises connected with water supply.

(1) Without the permission of the Commissioner, no building, wall or other structure shall be newly erected and no street shall be constructed over any corporation water main. (2) If any building wall or other structure be so erected or any street be so constructed, the Commissioner may cause the same to be removed or otherwise dealt with as shall appear to him fit and the expenses thereby incurred shall be paid by the person contravening the provisions of sub-section (1).

1. (2) If any building wall or other structure be so erected or any street be so constructed, the Commissioner may cause the same to be removed or otherwise dealt with as shall appear to him fit and the expenses thereby incurred shall be paid by the person contravening the provisions of sub-section (1).

All house connections, whether within or without the premises to which they belong, with the water supply main shall be under the control of the corporation but shall be altered repaired, and kept in proper order at the expense of the owner of the premises to which they belong or for the use of which they were constructed and in conformity with the bye-laws made in that behalf.

Notwithstanding anything contained in any law, contract or instrument, for all water supplied under this Act payment shall be made at such rates, at such times and under such conditions as may be specified by bye-laws and different rates may be prescribed for supply of water for different purposes.

Commissioner may, on application by the owner or occupier of any building, arrange in accordance with the bye-laws to supply water thereto for domestic consumption and use.

1. (2) It shall not be lawful for the owner of any dwelling house which may be newly constructed or reconstructed to occupy it or cause or permit it to be occupied until he has obtained a certificate from the Commissioner that there is provided within, or within a reasonable distance of the house, such supply of wholesome water as appears to the Commissioner to be sufficient for the domestic consumption and use of the inmates of the house.
2. (3) Where on any land, there are two or more super structures, and the owner of the land is not the owner of all the super structures, the Commissioner may, if it appears to him that the super structures are without a proper supply of water for domestic consumption and use and that such supply can be furnished from the main not more than thirty-five meters distance from any part of any such super structure, by notice require the owner of the land to obtain such supply.

The supply of water for domestic purposes shall not be deemed to include any supply,-

1. (a) for any trade, manufacture or business;
2. (b) for gardens or for purposes of irrigation;
3. (c) for building purposes;
4. (d) for fountains, swimming baths, public baths or tanks or for any ornamental or mechanical purposes;
5. (e) for animals, where they are kept for sale or hire for the sale of their produce or any preparation therefrom;
6. (f) for the consumption and use by the inmates of hotels, boarding houses and residential clubs;
7. (g) for the consumption and use by the persons resorting to theatres and cinemas;
8. (h) for constructing or for watering streets; or
   • (i) for washing vehicles where they are kept for sale or hire; but shall be deemed to include a supply,-
   • (i) for flushing privies or drains; and
   • (ii) for all baths other than swimming baths or public baths.

No person shall, without the written permission of the

Power to supply water for non-domestic purposes.- (1) The Commissioner may with the sanction of the standing committee supply water for any purposes other than a domestic purpose on such terms and conditions consistent with the bye-laws made thereunder on receiving a written application specifying the purpose for which such supply is required and the quantity likely to be consumed.

1. (2) When an application under sub-section (1) is received, the Commissioner may, subject to such charges and rates as may be fixed by the bye-laws, lay or allow to be laid the necessary pipes and water fittings of such dimensions and description as may be prescribed by the bye-laws and may arrange for the supply of water through such pipes and fittings.

The corporation may supply water to the Government or any other local authority on such terms as to payment, the period and the conditions of supply as shall be determined by it.

(1)The corporation shall provide a supply of wholesome drinking water within the city and shall erect sufficient stand pipes, fountains and other conveniences for the gratuitous supply of water. (2) The Commissioner may close a public hydrant or other convenience when it is no longer required for the supply of wholesome water to the public.

1. (2) The Commissioner may close a public hydrant or other convenience when it is no longer required for the supply of wholesome water to the public.

(1)Notwithstanding anything contained in any other law for the time being in force, the corporation may lay a main whether within or outside the local limits of the city,-

1. (a) in any street or any land vested in the Government, the corporation or any other local authority;
2. (b) with the consent of every owner and occupier of any land not forming part of a street, in, over or on that land, and may inspect, repair, alter or renew or may at any time remove any main so laid: Provided that where the consent required for the purpose of this sub- section is withheld, the corporation may, after giving the owner or occupier of the land a written notice of its intention so to do, lay the main in, over or on that land without such consent.

1. (2) Where the corporation, in exercise of the powers under this section, lays a main in, over or on any land not forming part of a street or land referred to in clause (b) of sub-section (1), or inspects, repairs, alters, renews or removes a main so laid in, over or on any such land it shall pay compensation to every person interested in that land for any damage done to, or injurious affection of that land by reason of the inspection, laying, repair, alteration, renewal or removal of the main.

(1) The corporation may in any street or in any land referred to in clause (b) of sub-section (1) of section 198 whether within or outside the local limits of the city lay such service pipes with such stopcocks and other water fittings as it may deem necessary for supplying water to premises and may from time to time inspect, repair, alter or renew and may at any time remove any service pipe laid in such street or land whether by virtue of this section or otherwise.

1. (2) Where a service pipe has been lawfully laid in, over or on the land not forming part of a street or land referred to in sub-section (1), such officers as the Commissioner may authorise may enter upon that land and inspect, repair, alter, renew or remove the pipe or lay a new pipe in substitution thereof but shall pay compensation for any damage done in the course of such action.

(1)The Commissioner shall fix hydrants on water mains (other than trunk mains) at such places as may be most convenient for affording a supply of water for extinguishing any fire which may break out and shall keep in good order and from time to time renew every such hydrant.

1. (2) To denote the situation of every hydrant placed under this section, letters, marks or figures shall be displayed prominently on some wall, building or other structure near such hydrant.
2. (3) As soon as any such hydrant is completed, the Commissioner shall deposit a key thereof at such place where a public fire engine is kept and in such other places as he deems necessary.
3. (4) The corporation may, at the request and expense of the owner or occupier of any factory, workshop, trade premises or place of business situated in or near a street in which a pipe is laid (and not being a trunk main) and being of sufficient dimensions to carry a hydrant fix on the pipe and keep in good order and renew one or more fire hydrants, to be used only for extinguishing fires as near as conveniently may be to that factory, workshop, trade premises or place of business.
4. (5) The corporation shall allow all persons to take water for extinguishing fires from any pipe on which a hydrant is fixed without any payment.

The owner of every premises when so required by the corporation shall provide a pump and set up electric pumps or other contrivances whereby water may be caused to reach to the top of the topmost story of such premises.

The Commissioner may permit the owner, lessee or occupier of any premises to connect the premises by means of supply of pipes for conveying through the premises supply of water for his domestic purposes from the corporation water works subject to the requirements of section 203.

(1) An owner, lessee or occupier of any premises who desires to have supply of water for his domestic purposes from the corporation water works shall comply with the following requirements, namely:-

1. (a) he shall give to the Commissioner fourteen days notice of his intention to lay the necessary supply pipe; and
2. (b) he shall lay the supply pipe at his own expense having first obtained as respects any land not forming part of a street, the consent of the owner or occupiers thereof: Provided that where any part of the supply pipe is to be laid in a street he shall not himself break open the street or lay that part of the pipe.

1. (2) Upon the receipt of the notice referred to in sub-section (1), the Commissioner shall lay the necessary communication pipe and any part of the supply pipe which is to be laid in a street and shall connect a communication pipe with the supply pipe.
2. (3) The expenses reasonably incurred by the Commissioner in executing the work which he is required or authorised by this section to execute shall be repaid to the corporation by the person by whom the notice was given and may be recovered from such person as an arrear of water rate under this Act: Provided that if under the provision of this section the Commissioner lays a main in lieu of the supply pipe the additional cost incurred in laying the main instead of a supply pipe shall be borne by him.
3. (4) Notwithstanding anything contained in the foregoing provisions of this section, the Commissioner may, within a reasonable time after the service of the notice upon him, require the person giving the notice to pay to it in advance, the cost of the work as estimated by the corporation or to give security for payment thereof to its satisfaction.
4. (5) If any payment made to the corporation under sub-section (4) exceeds the expenses which it would be entitled to recover from the person giving the notice, the excess shall be repaid by it and if and so far as those expenses are not covered by the payment, the corporation may recover the balance from such person as an arrear of water rate under this Act.

(1) The corporation may require the provision of a separate service pipe for each of the premises supplied or to be supplied by it with water. (2) If, in the case of any premises already supplied with water but not having a separate service pipe, the corporation gives notice to the owner of the premises requiring the provision of such a pipe, the owner shall, within three months, lay so much of the required pipe as will constitute a supply pipe and is not required to be laid in a street, and the corporation shall, within fourteen days after the owner has done so, lay so much of the required pipe as will constitute a communication pipe or a supply pipe to be laid in a street and make all necessary communications. (3) If an owner upon whom a notice has been served under sub-section (2) fails to comply therewith the corporation may itself execute the work which the owner was required to execute and recover the expenses reasonably incurred by it in executing the work as an arrear of water rate under this Act.

1. (2) If, in the case of any premises already supplied with water but not having a separate service pipe, the corporation gives notice to the owner of the premises requiring the provision of such a pipe, the owner shall, within three months, lay so much of the required pipe as will constitute a supply pipe and is not required to be laid in a street, and the corporation shall, within fourteen days after the owner has done so, lay so much of the required pipe as will constitute a communication pipe or a supply pipe to be laid in a street and make all necessary communications.
2. (3) If an owner upon whom a notice has been served under sub-section
3. (2) fails to comply therewith the corporation may itself execute the work which the owner was required to execute and recover the expenses reasonably incurred by it in executing the work as an arrear of water rate under this Act.

(1) On every service pipe laid the corporation may fit a stopcock enclosed in a cover box or a pit of such size as may be reasonably necessary. (2) Every stopcock fitted on a service pipe shall be placed in such position as the corporation deems most convenient: Provided that,- (a) a stopcock in private premises shall be placed as near as is reasonably practicable to the street from which the service pipe enters those premises; and (b) a stopcock in a street shall be placed as near to the boundary thereof as is reasonably practicable.

1. (2) Every stopcock fitted on a service pipe shall be placed in such position as the corporation deems most convenient: Provided that,-
   • (a) a stopcock in private premises shall be placed as near as is reasonably practicable to the street from which the service pipe enters those premises; and
   • (b) a stopcock in a street shall be placed as near to the boundary thereof as is reasonably practicable.

(1) The corporation may provide a water meter and attach the same to the service pipe in premises connected with the corporation water works.

1. (2) The expenses of attaching a meter under sub-section (1) shall be paid by the owner of the premises.
2. (3) The use, rent to be paid for such use, maintenance and testing of meters shall be regulated by the bye-laws.

Whenever water is supplied by the corporation through a meter, it shall be presumed that the quantity indicated by the meter has been consumed until the contrary is proved.

(1) No person shall wilfully or negligently cause or suffer any water fitting which he is liable to maintain,-

1. (a) to be or remain so out of order or so in need of repair; or
2. (b) to be or remain so constructed or adopted or to be so used, that the water supplied to him by the corporation is or is likely to be wasted, misused or unduly consumed, or contaminated before use, or that foul air or an impure matter is likely to return into any pipe belonging to, or connected with a pipe belonging to the corporation.

1. (2) If any water fitting which any person is liable to maintain is in such a condition or so constructed or adapted as aforesaid, the corporation, without prejudice to any action under any other provisions of this Act, may require that person to carry out any necessary repairs or alterations and if he fails to do so within forty-eight hours may itself carry out the work and recover from him the expenses reasonably incurred by it in so doing, as an arrear of water rate payable under this Chapter.

The Commissioner or any officer authorised by the corporation may, between sunrise and sunset, enter any premises supplied with water by the corporation in order to examine if there is any waste or misuse of such water and the

Power to test water fittings.- The Commissioner or other officer may test any water fitting used in connection with water supplied by the corporation.

(1) No water pipe shall be laid in a drain or on the surface of an open channel or house gully or within six meters of a cesspool or in any position where the pipe is likely to be injured or the water therein polluted; and except with the approval of the corporation no cistern shall be construed within six meters of a privy or cesspool.

1. (2) No privy or cesspool shall be constructed or made within six meters of any water pipe or cistern or in any position where the pipe or cistern is likely to be injured or the water therein polluted.

(1) The Commissioner may cut off the supply of water from any premises,- (a) if the premises are unoccupied; (b) if the owner or occupier neglects to comply with any lawful order or requisition regarding water supply issued by the Commissioner within the period specified therein; (c) if any charges or any other sum due for water or for the cost of making a connection or the hire of a meter or the cost of carrying out any work or test connected with the water supply which is chargeable to any person by or under this Act is not paid within fifteen days after a bill for such charges or sums has been presented or served; (d) if after receipt of a notice from the Commissioner requiring him to refrain from so doing, the owner or occupier continues to use the water or to permit it to be used in contravention of the provisions of this Act or any rule or bye-laws made thereunder; (e) if the owner or occupier wilfully or negligently damages his meter or any pipe or tap conveying water; (f) if the owner or occupier refuses to admit the Commissioner or any person authorised by him in this behalf into the premises which he proposes to enter for the purpose of executing any work or of placing or removing any apparatus or of making any examination or inquiry in connection with the water supply or prevents the Commissioner or any person authorised by him doing such work, from placing or removing such apparatus or making such examination or inquiry; (g) if any pipes, taps, works or fittings connected with the water supply are found on examination by the Commissioner or any person authorised by him to be out of repair to such an extent as to cause waste or contamination of water; (h) if the owner or occupier causes pipes, taps, works or fittings connected with the corporation water supply to be placed, removed, repaired or otherwise interfered with in contravention of the provisions of this Act, the rules or bye-laws made thereunder: Provided that the Commissioner shall not cut off the supply of water unless notice of not less than three days has been given to the owner or occupier of the premises. (2) (a) The owner and the occupier of the premises shall be jointly and severally liable for the payment of all the sums referred to in clause (c) of sub- section (1). (b) The sums referred to in clause (a) shall be a charge on the premises. (3) The expenses of cutting off the supply shall be payable by the owner and occupier of the premises jointly and severally. (4) In respect of any premises from which water supply is cut off under clause (c) of sub-section (1), as soon as any money for non-payment of which water has been cut off together with the expenses of cutting off the supply has been paid by the owner or occupier, the Commissioner shall cause water to be supplied as before on payment of the cost of re-connecting the premises with the water works. (5) Action taken under this section against any person shall be without prejudice to any penalties to which he may otherwise be liable.

1. (a) if the premises are unoccupied;
2. (b) if the owner or occupier neglects to comply with any lawful order or requisition regarding water supply issued by the Commissioner within the period specified therein;
3. (c) if any charges or any other sum due for water or for the cost of making a connection or the hire of a meter or the cost of carrying out any work or test connected with the water supply which is chargeable to any person by

or under this Act is not paid within fifteen days after a bill for such charges or sums has been presented or served;

1. (d) if after receipt of a notice from the Commissioner requiring him to refrain from so doing, the owner or occupier continues to use the water or to permit it to be used in contravention of the provisions of this Act or any rule or bye-laws made thereunder;
2. (e) if the owner or occupier wilfully or negligently damages his meter or any pipe or tap conveying water;
3. (f) if the owner or occupier refuses to admit the Commissioner or any

person authorised by him in this behalf into the premises which he proposes to enter for the purpose of executing any work or of placing or removing any apparatus or of making any examination or inquiry in connection with the water supply or prevents the Commissioner or any person authorised by him doing such work, from placing or removing such apparatus or making such examination or inquiry;

1. (g) if any pipes, taps, works or fittings connected with the water supply are found on examination by the Commissioner or any person authorised by him to be out of repair to such an extent as to cause waste or contamination of water;
2. (h) if the owner or occupier causes pipes, taps, works or fittings connected with the corporation water supply to be placed, removed, repaired or otherwise interfered with in contravention of the provisions of this Act, the rules or bye-laws made thereunder: Provided that the Commissioner shall not cut off the supply of water unless notice of not less than three days has been given to the owner or occupier of the premises.

1. (2) (a) The owner and the occupier of the premises shall be jointly and severally liable for the payment of all the sums referred to in clause (c) of sub- section (1).
   • (b) The sums referred to in clause (a) shall be a charge on the premises.
2. (3) The expenses of cutting off the supply shall be payable by the owner and occupier of the premises jointly and severally.
3. (4) In respect of any premises from which water supply is cut off under clause (c) of sub-section (1), as soon as any money for non-payment of which water has been cut off together with the expenses of cutting off the supply has been paid by the owner or occupier, the Commissioner shall cause water to be supplied as before on payment of the cost of re-connecting the premises with the water works.
4. (5) Action taken under this section against any person shall be without prejudice to any penalties to which he may otherwise be liable.

If any offence relating to water supply is committed under this Act on any premises connected with the corporation water works, the owner, the person primarily liable for the payment of the charges for water, and the occupier of the said premises shall be jointly and severally liable for such offence.

The corporation shall not be liable to any penalty or damages for cutting off the supply of water or for not supplying water in the case of unusual drought, other unavoidable cause or accident, or the necessity for relaying or repairing pipes.

(1) The corporation may place and maintain conduits and lines of mains or pipes over, under, along or across any immovable property whether within or outside the local limits of the city without acquiring the same, and may at any time for the purpose of examining, repairing, altering or removing any conduits or lines of mains or pipes, enter on any property over, under, along or across which the conduits or lines of mains or pipes have been placed: Provided that the corporation shall not acquire any right other than a right of user in the property over, under, along or across which any conduit or line of mains or pipes is placed.

1. (2) In the exercise of the powers conferred upon it by this section, the corporation shall cause as title damage and inconvenience as may be possible, and shall make full compensation for any damage or inconvenience caused by it.

(1) If it appears to the corporation that the only or most convenient means of water supply to any premises is by placing or carrying any pipe over, under, along or across the immovable property of another person, it may by order in writing, authorise the owner of the premises to place or carry such pipe over, under, along or across such immovable property: Provided that before making any such order the corporation shall give to the owner of the immovable property a reasonable opportunity of showing cause within such time as may be specified in the bye-laws made in this behalf as to why the order should not be made: Provided further that the owner of the premises shall not acquire any right other than a right of user in the property over, under, along or across which any such pipe is placed or carried.

1. (2) Upon the making of an order under sub-section (1), the owner of the premises may, after giving reasonable notice of his intention so to do, enter upon the immovable property with assistants and workmen at any time between sunrise and sunset for the purpose of placing a pipe over, under, along or across such immovable property or for the purpose of repairing the same.
2. (3) In placing or carrying a pipe under this section, as little damage as possible shall be done to the immovable property and the owner of the premises shall,-
   • (a) cause the pipe to be placed or carried with the least practicable delay;
   • (b) fill in, reinstate and make good at his own cost with the least practicable delay, any land opened, broken up or removed for the purpose of placing or carrying such pipe; and
   • (c) pay compensation to the owner of the immovable property and to any other person who sustains damage by reason of the placing or carrying of such pipe.
3. (4) If the owner of the immovable property, over, under, along or across which a pipe has been placed or carried under this section whilst such immovable property was not built upon, desires to erect any building on such property, the corporation shall, by notice in writing, require the owner of the premises to close, remove or divert the pipe in such manner as shall be approved by him and to fill in, re-instate and make good the immovable property as if the pipe had not been placed or carried over, under, along or across the same: Provided that no such requisition shall be made unless in the opinion of the corporation it is necessary or expedient for the construction of the proposed building or the safe enjoyment thereof that the pipe should be closed, removed or diverted.

(1) When under the provisions of this Chapter any person may be required or is liable to execute any work, the corporation may, in accordance with the provisions of this Act and of any bye-laws made in this behalf, cause such work to be executed after giving such person an opportunity of executing the same within such time as may be specified by it for this purpose.

1. (2) The expenses incurred or likely to be incurred by the corporation in the execution of any such work shall be payable by the said person and the expenses incurred by the corporation in connection with the maintenance of such work shall be payable by the person or persons enjoying the amenities and conveniences rendered possible by such work.
2. (3) The expenses referred to in sub-section (2) shall be recoverable from the person or persons liable therefor as an arrear of water charges payable under this Chapter.

(1) No person other than a licensed plumber shall execute any work connected with water supply and no person shall permit any such work to be executed except by a licensed plumber: Provided that if, in the opinion of the Commissioner the work is of a trivial nature, he may grant permission in writing for the execution of such work by a person other than a licensed plumber.

1. (2) Every person who employs a licensed plumber to execute any work shall, when so required, furnish to the Commissioner the name of such plumber.
2. (3) When any work is executed except in accordance with the provisions of sub-section (1), such work shall be liable to be dismantled at the discretion of the corporation without prejudice to the right of the corporation to prosecute under this Act the person at whose instance such work has been executed.
3. (4) The corporation may make bye-laws for the guidance of licensed plumbers and a copy of all such bye-laws shall be attached to every license granted to plumbers by the corporation.
4. (5) The corporation may prescribe the charges to be paid to licensed

plumbers for any work done by them under or for any of the purposes of this

Chapter.

1. (6) No licensed plumber shall, for any work referred to in sub-section (5), demand or receive more than the charge prescribed therefor under that sub-section.
2. (7) The corporation shall make bye-laws providing for,-
   • (a) the exercise of adequate control on all licensed plumbers;
   • (b) the inspection of all works carried out by them; and
   • (c) the hearing and disposal of complaints made by the owners or occupiers of premises with regard to the quality of work done, material used, delay in execution of work, and the charges made by a licensed plumber.
3. (8) No licensed plumber shall contravene any of the bye-laws made in this behalf or execute carelessly or negligently any work under this Act or make use of bad materials, appliances or fittings.
4. (9) If any licensed plumber contravenes sub-section (8), his license may be suspended or cancelled whether he is prosecuted under this Act or not.

(1) No person shall,- (a) wilfully obstruct any person acting under the authority of the corporation in setting out the lines of any works or pull up or remove any pillar, post or stake fixed in the ground for the purpose of setting out the lines of such work, or deface or destroy any works made for the same purpose; or (b) wilfully or negligently break, injure, turn on, open, close, shut off or otherwise interfere with any lock, cock, valve, pipe, meter or other work or apparatus belonging to the corporation; or (c) unlawfully obstruct the flow of or flush, draw off or divert or take water from any water work belonging to the corporation or any water course by which any such water is supplied; or (d) obstruct any officer or other employee of the corporation in the discharge of his duties under this Chapter or refuse or wilfully neglect to furnish him with the means necessary for the making of any entry, inspection, examination or inquiry thereunder in relation to any water work; or (e) bathe in, at or upon any water work or wash or throw or cause to enter therein any animal, or throw any rubbish, dirt or filth into any water work or wash or clean therein any cloth, wool or leather or the skin of any animal or cause water of any sink, or drain or any steam engine or boiler or any polluted water to turn or be brought into any water work, or do any other act whereby the water in any water work is fouled or likely to be fouled. (2) Nothing in clause (b) of sub-section (1) shall apply to a consumer closing the stopcock fixed on the service pipe supplying water to his premises so long as he has obtained the consent of any other consumer whose supply will be affected thereby.

1. (a) wilfully obstruct any person acting under the authority of the corporation in setting out the lines of any works or pull up or remove any pillar, post or stake fixed in the ground for the purpose of setting out the lines of such work, or deface or destroy any works made for the same purpose; or
2. (b) wilfully or negligently break, injure, turn on, open, close, shut off or otherwise interfere with any lock, cock, valve, pipe, meter or other work or apparatus belonging to the corporation; or
3. (c) unlawfully obstruct the flow of or flush, draw off or divert or take water from any water work belonging to the corporation or any water course by which any such water is supplied; or
4. (d) obstruct any officer or other employee of the corporation in the discharge of his duties under this Chapter or refuse or wilfully neglect to furnish him with the means necessary for the making of any entry, inspection, examination or inquiry thereunder in relation to any water work; or
5. (e) bathe in, at or upon any water work or wash or throw or cause to enter therein any animal, or throw any rubbish, dirt or filth into any water work or wash or clean therein any cloth, wool or leather or the skin of any animal or cause water of any sink, or drain or any steam engine or boiler or any polluted

water to turn or be brought into any water work, or do any other act whereby the water in any water work is fouled or likely to be fouled.

1. (2) Nothing in clause (b) of sub-section (1) shall apply to a consumer closing the stopcock fixed on the service pipe supplying water to his premises so long as he has obtained the consent of any other consumer whose supply will be affected thereby.

(1) The corporation may make bye-laws relating to water supply to carry out the purposes of this Chapter. (2) In particular and without prejudice to the generality of the foregoing provision, such bye-laws may provide for,- (a) the power of the corporation,- (i) to stop the supply of water, whether for domestic purposes or not, or for gratuitous use; and (ii) to prohibit the sale and use of water for the purpose of business; (b) the connection of supply pipes for conveying to any premises a supply of water from corporation water works; (c) the making and renewing connections with corporation water works; (d) the power of the corporation to take charge of private connections; (e) the power of the corporation to alter the position connections; (f) the equitable distribution of water supplied to occupiers; (g) the size, material, quality, description and position of the pipes and fittings to be used for the purpose of any connection with or any communication from any corporation water works and the stamping of pipes and fittings and fees for such stamping; (h) the size, material, quality and description of pipes, cisterns and fittings which are found on an examination to be so defective that they cannot be effectively repaired; (i) the provision and maintenance of meters when water is supplied by measurement; (j) the prohibition of fraudulent and unauthorised use of water and the prohibition of tampering with meters; (k) the maintenance of pipes, cisterns and other water works; (l) the licensing of plumbers and fitters and for the compulsory employment of licensed plumbers and fitters; (m) any other matter which is to be or may be provided for by bye-laws made under this Chapter. (3) In making any bye-laws under this section, the corporation may provide that a breach thereof shall be punishable with fine which may extend to one hundred rupees and in case of continuing breach with an additional fine which may extend to ten rupees for every day during which the breach continues after receipt of a notice from the corporation to discontinue such breach.

1. (2) In particular and without prejudice to the generality of the foregoing provision, such bye-laws may provide for,-
   • (a) the power of the corporation,-
     • (i) to stop the supply of water, whether for domestic purposes or not, or for gratuitous use; and
     • (ii) to prohibit the sale and use of water for the purpose of business;
   • (b) the connection of supply pipes for conveying to any premises a supply of water from corporation water works;
   • (c) the making and renewing connections with corporation water works;
   • (d) the power of the corporation to take charge of private connections;
   • (e) the power of the corporation to alter the position connections;
   • (f) the equitable distribution of water supplied to occupiers;
   • (g) the size, material, quality, description and position of the pipes and fittings to be used for the purpose of any connection with or any communication from any corporation water works and the stamping of pipes and fittings and fees for such stamping;
   • (h) the size, material, quality and description of pipes, cisterns and fittings which are found on an examination to be so defective that they cannot be effectively repaired;
     • (i) the provision and maintenance of meters when water is supplied by measurement;
   • (j) the prohibition of fraudulent and unauthorised use of water and the prohibition of tampering with meters;
   • (k) the maintenance of pipes, cisterns and other water works;
   • (l) the licensing of plumbers and fitters and for the compulsory employment of licensed plumbers and fitters;
   • (m) any other matter which is to be or may be provided for by bye-laws made under this Chapter.
2. (3) In making any bye-laws under this section, the corporation may

provide that a breach thereof shall be punishable with fine which may extend to one hundred rupees and in case of continuing breach with an additional fine which may extend to ten rupees for every day during which the breach continues after receipt of a notice from the corporation to discontinue such breach.

(1) All public sewers, all sewers in, alongside or under any public street within the city and all sewage disposal works whether constructed out of the corporation fund or otherwise, and all works materials and things appertaining thereto, shall vest in the corporation.

1. (2) All public and other sewers which are vested in the corporation are hereinafter in this Act referred to as corporation sewers.
2. (3) For the purposes of enlarging, deepening or otherwise repairing or maintaining any such sewer or sewage disposal work so much of the sub-soil appertaining thereto as may be necessary for the said purpose shall be deemed also to vest in the corporation.
3. (4) All sewers and ventilation-shafts, pipes and all appliances and fittings connected with the sewerage works constructed, erected or set up out of the funds of the corporation in or upon premises not belonging to the corporation whether,-
   • (a) before or after the date on which a corporation is established under this Act, and
   • (b) for the use of the owner or occupier of such premises or not, shall, unless the corporation has otherwise determined, or does at any time otherwise determine, vest in the corporation.

The corporation shall maintain and keep in repair all corporation sewers and sewage disposal works and shall construct as many new drains and sewage disposal works as may from time to time be necessary for effectual sewerage of the city.

No person shall throw, empty or turn into any corporation sewer or into any drain or sewer communicating with a corporation sewer,-

1. (a) any matter likely to injure the sewer or to interfere with the free flow of its contents, or to affect prejudicially the treatment and disposal of its contents; or
2. (b) any chemical, refuse or waste steam, or any liquid of a temperature higher than forty-five degrees centigrade, being refuse or steam which, or a liquid of which, when so heated, is, either along or in combination with the contents of the sewer, dangerous, or the cause of a nuisance, or prejudicial to health; or
3. (c) any dangerous petroleum.

1. (2) In this section, the expression "dangerous petroleum" has the same meaning as in the Petroleum Act, 1934 (Central Act 30 of 1934).

(1) Subject to such conditions as may be laid down in the bye-laws, the owner or occupier of any premises having a private drain, or the owner of any private drain within the city may apply to the corporation to have his drain made to communicate with the corporation sewers and thereby to discharge foul water and surface water from those premises or that private drain: Provided that nothing in this sub-section shall entitle any person to discharge directly or indirectly into any corporation sewer,-

1. (i) any trade effluent from any trade premises except in accordance with the bye-laws made in this behalf; or
2. (ii) any liquid or other matter the discharge of which into corporation sewers is prohibited by or under this Act or any other law.

1. (2) Any person desirous of availing himself of the provisions of sub- section (1) shall give to the corporation notice of his proposals, and at any time within one month after receipt thereof, the Commissioner may by notice to him refuse to permit the communication to be made, if it appears to him that the mode of construction or condition of the drain is such that the making of the communication would be prejudicial to the sewerage system, and for the purpose of examining the mode of construction and condition of the drain he may, if necessary, require it to be laid open for inspection.
2. (3) The Commissioner may, if he thinks fit, construct such part of the work necessary for connecting a private drain with a corporation sewer as is in or under a public street and in such a case, the expenses incurred by the Commissioner shall be paid by the owner or occupier of the premises, or as the case may be, the owner of the private drain and shall be recoverable from the owner or occupier as an arrear of charges payable under this Act.

(1) Where any premises are in the opinion of the Commissioner without sufficient means of effectual drainage and a Corporation sewer or some place approved by the corporation for the discharge of filth and other polluted and obnoxious matter is situated at a distance of not exceeding thirty five meters from any part of the said premises, he may, by written notice require the owner of the said premises,- (a) to make a drain emptying into such corporation sewer or place; (b) to construct a closed cesspool or soakage pit and fittings as may appear to the Commissioner necessary for the purpose of gathering and receiving the filth and other polluted and obnoxious matters from and conveying the same of the said premises and of effectually flushing such drain and every fixture connected therewith; (c) to remove any existing drain or other appliance or thing used or intended to be used for drainage which is injurious to health; (d) to provide a closed drain in substitution of an open drain or to provide such other appliance or thing either newly or in substitution of any existing appliance or thing or to provide both a closed drain and such other appliance or thing in substitution of the existing open drain and other appliance or thing, which is or is likely to be injurious to health. (e) to provide and set up all such appliances and fittings as may appear to the Commissioner to be necessary for the purpose of gathering and receiving the waste water from floors and galleries of buildings when they are washed and conveying the same through spouts by down-take pipes so as to prevent such waste from discharging directly on streets or inside any lower portion of the premises; (f) to carry out any work to improve or re-model an existing drain which is inadequate, insufficient or faulty. (2) Where in any case not provided for in sub-section (1) any premises are, in the opinion of the Commissioner without sufficient means of effectual drainage, he may, by written notice, require the owner of the premises,- (a) to construct a drain up to a point to be specified in such notice which shall not be less than thirty-five meters from any part of the premises; or (b) to construct a closed cesspool or soakage pit and drain or drains emptying into such cesspool or soakage pit. (3) Any requisition for the construction of any drain under sub-section (2) may contain any of the details specified in sub-section (1). (4) Where the owner of any premises to whom a notice has been issued under sub-section (2) fails to execute the work within three months from the date of receipt of such notice, the Commissioner shall cause such work to be executed and thereupon, the provisions of section 237 shall apply as if the said work is executed in accordance with the said section.

1. (a) to make a drain emptying into such corporation sewer or place;
2. (b) to construct a closed cesspool or soakage pit and fittings as may appear to the Commissioner necessary for the purpose of gathering and receiving the filth and other polluted and obnoxious matters from and conveying the same of the said premises and of effectually flushing such drain and every fixture connected therewith;
3. (c) to remove any existing drain or other appliance or thing used or intended to be used for drainage which is injurious to health;
4. (d) to provide a closed drain in substitution of an open drain or to provide such other appliance or thing either newly or in substitution of any existing appliance or thing or to provide both a closed drain and such other appliance or thing in substitution of the existing open drain and other appliance or thing, which is or is likely to be injurious to health.
5. (e) to provide and set up all such appliances and fittings as may appear to the Commissioner to be necessary for the purpose of gathering and receiving the waste water from floors and galleries of buildings when they are washed and conveying the same through spouts by down-take pipes so as to prevent such waste from discharging directly on streets or inside any lower portion of the premises;
6. (f) to carry out any work to improve or re-model an existing drain which is inadequate, insufficient or faulty.

1. (2) Where in any case not provided for in sub-section (1) any premises are, in the opinion of the Commissioner without sufficient means of effectual drainage, he may, by written notice, require the owner of the premises,-
   • (a) to construct a drain up to a point to be specified in such notice which shall not be less than thirty-five meters from any part of the premises; or
   • (b) to construct a closed cesspool or soakage pit and drain or drains emptying into such cesspool or soakage pit.
2. (3) Any requisition for the construction of any drain under sub-section
3. (2) may contain any of the details specified in sub-section (1).
4. (4) Where the owner of any premises to whom a notice has been issued under sub-section (2) fails to execute the work within three months from the date of receipt of such notice, the Commissioner shall cause such work to be executed and thereupon, the provisions of section 237 shall apply as if the said work is executed in accordance with the said section.

(1) In areas in which corporation sewers are provided it shall not be lawful to erect or to re- erect any premises or to occupy any such premises unless,- (a) a drain be constructed of such size, materials and description, at such level and with such fall as shall appear to the Commissioner to be necessary for the effectual drainage of such premises; (b) there have been provided and set up on such premises such appliances and fittings as may appear to the Commissioner to be necessary for the purposes of gathering or receiving the filth and other polluted and obnoxious matter from, and conveying the same off, the said premises and of effectually flushing the drain of the said premises and every fixture connected therewith. (2) The drain so constructed shall empty into a corporation sewer. (3) The provisions of this section shall be applicable to premises any part of which is situated within a distance of thirty-five meters from a corporation sewer.

1. (a) a drain be constructed of such size, materials and description, at such level and with such fall as shall appear to the Commissioner to be necessary for the effectual drainage of such premises;
2. (b) there have been provided and set up on such premises such appliances and fittings as may appear to the Commissioner to be necessary for the purposes of gathering or receiving the filth and other polluted and obnoxious matter from, and conveying the same off, the said premises and of effectually flushing the drain of the said premises and every fixture connected therewith.

1. (2) The drain so constructed shall empty into a corporation sewer.
2. (3) The provisions of this section shall be applicable to premises any part of which is situated within a distance of thirty-five meters from a corporation sewer.

(1) If it appears to the Commissioner that any group or block of premises may be drained more economically or advantageously in combination than separately, and a corporation sewer of sufficient size already exists or is about to be constructed within thirty-five meters of any part of that group or block of premises the Commissioner may cause that group or block of premises to be drained by a combined operation.

1. (2) The expenses incurred in carrying out any work under sub-section
2. (1) in respect of any group or block of premises shall be paid by the owners of such premises in such proportion as the Commissioner may determine and shall be recoverable from them as an arrear of charges payable under this Act.
3. (3) Not less than fifteen days before any such work is commenced, the Commissioner shall give to each such owner,-
   • (a) written notice of the nature of the proposed work, and
   • (b) an estimate of the expenses to be incurred in respect thereof and of the proportion of such expenses payable by him.
4. (4) The Commissioner may require the owner of such group or block of premises to maintain the work executed under this section.

Where a drain connecting any premises with a corporation sewer is sufficient for the effectual drainage of such premises and is otherwise un-objectionable but is not, in the opinion of the Commissioner adopted to the general system of sewerage in the city he may, by written notice addressed to the owner of the premises, direct,-

1. (a) that such drain be closed, discontinued or destroyed and that any work necessary for that purpose be done; or
2. (b) that such drain shall, from such date as may be specified in the

notice in this behalf be used for filth and polluted water only or for rain water and unpolluted sub-soil water only: Provided that,-

1. (i) no drain may be closed, discontinued or destroyed by the Commissioner under clause (a) except on condition of his providing another drain equally effectual for the drainage of the premises and communicating with any corporation sewer which he thinks fit; and
2. (ii) the expenses of the construction of any drain so provided by the

Use of drain by a person other than the owner.- (1) Where the

Commissioner either on receipt of an application from the owner of any premises or otherwise is of the opinion that the only, or the most convenient means of effectual drainage of the premises into a corporation sewer is through a drain belonging to another person, the Commissioner may by notice in writing require the owner of such drain to show cause within a period specified in the notice as to why an order under this section should not be made.

1. (2) Where no cause is shown within the specified period or the cause shown appears to the Commissioner invalid or insufficient, the Commissioner may, by order in writing either authorise the owner of the premises to use the drain or declare him to be a joint owner thereof.
2. (3) An order made under sub-section (2) may contain directions as to,-
   • (a) the payment of rent or compensation by the owner of the premises;
   • (b) the construction of a drain for the premises for the purpose of connecting it with the aforesaid drain;
   • (c) the entry upon the land in which the aforesaid drain is situate with assistants and workmen at all reasonable hours;
   • (d) the respective responsibilities of the parties for maintaining, repairing, flushing, cleaning and emptying the aforesaid drain.

Whenever it is provided in this Chapter that steps shall or may be taken for the effectual drainage of any premises, it shall be competent for the Commissioner to require that there shall be one drain for filth and polluted water and an entirely distinct drain for rain water and unpolluted subsoil water or both rain water and unpolluted sub-soil water each emptying into a separate corporation sewer or corporation drain or other suitable places.

For the purpose of efficient drainage of any premises, the Commissioner may, by notice in writing,-

1. (a) require any courtyard, alley or passage between two or more buildings to be paved by the owner or owners of such buildings with such materials and in such manner as may be approved by the corporation; and
2. (b) require such paving to be kept in proper repair.

The Commissioner may cause any or all of the corporation sewers to empty into and all sewage to be disposed of at such place or places as he considers suitable: Provided that on and after such date as may be appointed by the corporation in this behalf no sewage shall be discharged into any water-course until it has been so treated as not to affect prejudicially the purity and quality of the water into which it is discharged.

Without the written permission of the Commissioner no person shall, for any purpose whatsoever, at any time make or cause to be made any connection or communication with any sewer referred to in section 226 constructed or maintained by, or vested in, the corporation.

(1) Without the written permission of the

Commissioner no private street shall be constructed and no building, wall, fence or other structure shall be erected on any corporation sewer constructed or maintained by, or vested in, the corporation.

1. (2) If any private street be constructed or any building, wall, fence or structure erected on any sewer as aforesaid without the written permission of the Commissioner, the Commissioner may remove or otherwise deal with the same as he thinks fit.
2. (3) The expenses incurred by the Commissioner in so doing shall be paid by the owner of the private street or of the building, fence, wall or other structure or, as the case may be, by the person offending and shall be recoverable as an arrear of charges payable under this Act.

(1) The corporation may place and maintain sewers over, under, along or across any immovable property whether within or outside the local limits of the corporation, without acquiring the same, and any officer or servant of the corporation may at any time for the purpose of examining, repairing, altering or removing any sewer enter on any property over, under, along or across which the sewers have been laid: Provided that the corporation shall not acquire any right other than a right of user in property over, under, along or across which any sewer is laid. (2) In exercise of the powers conferred under this section, the corporation shall cause as little damage as may be possible, and shall make full compensation for any damage caused by it.

1. (2) In exercise of the powers conferred under this section, the corporation shall cause as little damage as may be possible, and shall make full compensation for any damage caused by it.

(1) If it appears to the Commissioner that the only or more convenient means of sewerage of any premises is by laying any sewer over, under, along or across the immovable property of another person, the Commissioner may, by order in writing, authorise the owner of the premises to lay or carry such sewer over, under, along or across such immovable property: Provided that before making any such order the Commissioner shall give to the owner of the immovable property a reasonable opportunity of showing cause within forty-five days as to why such an order should not be made: Provided further that the owner of the premises shall not acquire any right other than a right of user in the property over, under along or across which any such sewer is laid.

1. (2) Upon the making of an order under sub-section (1), the owner of the premises may, after giving reasonable notice of his intention so to do, enter upon the immovable property with assistants and workmen at any time between sunrise and sunset for the purposes of laying a sewer over, under, along or across such immovable property or for the purpose of repairing the same.
2. (3) In laying a sewer under this section, as little damage as possible shall be done to the immovable property and the owner of the premises shall,-
   • (a) cause the sewer to be laid with the least practicable delay;
   • (b) fill in, reinstate and make good at his own cost and with the least practicable delay, any land opened, broken up or removed for the purpose of laying such sewer; and
   • (c) pay compensation to the owner of the immovable property and to

any other person who sustains damage by reason of the laying of such sewer.

1. (4) If the owner of the immovable property, over, under, along or across which a sewer has been laid under this section whilst such immovable property was not built upon desires to erect any building on such property, the Commissioner shall, by notice in writing, require the owner of the premises to close, remove or divert the sewer in such manner as shall be approved by him and to fill in, reinstate and make good the immovable property as if the sewer had not been laid over, along or across the same: Provided that no such requisition shall be made unless in the opinion of the Commissioner it is necessary to expedient for the construction of the proposed building or the safe enjoyment thereof that the sewer should be closed, removed or diverted.

1. (1) When under the provisions of this Chapter any person may be required or is liable to execute any work, the Commissioner, in accordance with the provision of this Act and of any bye-laws made in this behalf, cause such work to be executed after giving such person an opportunity of executing the same within such time as may be specified by it for this purpose.
2. (2) The expenses incurred or likely to be incurred by the Commissioner in the execution of any such work shall be payable by the said person and the expenses incurred by the Commissioner in connection with the maintenance of such work shall be payable by the person or persons enjoying such amenities and convenience rendered possible by such work.
3. (3) The expenses referred to in sub-section (2) shall be recoverable from the person or persons liable therefor as an arrear of charges payable under this Act.

For the purpose of ventilating any sewer or cesspool, whether vested in the corporation or not, the Commissioner may, in accordance with the bye-laws made in this behalf, erect upon any premises or affix to the outside of any building or to any tree any such shaft or pipe as may appear to it to be necessary.

(1) Where it appears to the Commissioner that there are reasonable grounds for believing that a private sewer or cesspool is in such condition as to be prejudicial to health or to be a nuisance or that a private sewer communicating directly or indirectly with a corporation sewer is so defective as to admit sub-soil water, he may examine its condition and for that purpose may apply any test, other than a test by water under pressure, and if he deems it necessary, open the ground.

1. (2) If, on examination, the sewer or cesspool is found to be in proper

condition, the Commissioner shall, as soon as possible, reinstate any ground which has been opened by him and make good the damage done by him.

(1) No person other than a licensed plumber shall execute any work connected with the corporation sewerage system and no person shall permit any such work to be executed except by a licensed plumber: Provided that if, in the opinion of the corporation Engineer, the work is of a trivial nature he may grant permission in writing for the execution of such work by a person other than a licensed plumber.

1. (2) The provisions of section 218 shall be applicable in respect of any work connected with any drain as they are applicable in respect of any work connected with water supply.

No person shall,- (a) wilfully obstruct any person acting under the authority of the corporation or the Commissioner in setting out the lines of any works or pull up or remove any pillar, posts or stake fixed in the ground for the purpose of setting out lines of such work, or deface or destroy any works, made for the same purpose; or (b) wilfully or negligently break, injure, turn on, open, close, shut off or otherwise interfere with any lock, cock, valve, pipe, or other work or apparatus belonging to the corporation; or (c) unlawfully obstruct the flow of or flush, draw off, divert or take sewage from any sewage work belonging to the corporation; or (d) obstruct any officer or other employees of the corporation in the discharge of his duties under this Chapter or refuse or wilfully neglect to furnish him with the means necessary for the making of any entry, inspection, examination or inquiry thereunder in relation to any sewage work.

1. (a) wilfully obstruct any person acting under the authority of the corporation or the Commissioner in setting out the lines of any works or pull up or remove any pillar, posts or stake fixed in the ground for the purpose of setting out lines of such work, or deface or destroy any works, made for the same purpose; or
2. (b) wilfully or negligently break, injure, turn on, open, close, shut off or otherwise interfere with any lock, cock, valve, pipe, or other work or apparatus belonging to the corporation; or
3. (c) unlawfully obstruct the flow of or flush, draw off, divert or take sewage from any sewage work belonging to the corporation; or
4. (d) obstruct any officer or other employees of the corporation in the discharge of his duties under this Chapter or refuse or wilfully neglect to furnish him with the means necessary for the making of any entry, inspection, examination or inquiry thereunder in relation to any sewage work.

(1) The corporation may make bye-laws relating to sewerage to carry out the purposes of this Chapter.

1. (2) In particular and without prejudice to the foregoing provisions, such bye-laws may provide for,-
   • (a) the regulation or prohibition of the discharge or deposit of offensive or obstructive matter, polluted water or other polluted and obnoxious matter into sewers;
   • (b) the regulation in any manner not specifically provided for in this Act, of the construction, alteration, maintenance, preservation, cleaning and repairs of sewers, ventilation shafts, pipes, latrines, urinals, cesspools and other sewerage works;
   • (c) the cleaning of sewers;
   • (d) the prohibition of erection of buildings over sewers without the permission of the corporation or the Commissioner;
   • (e) the connection of private drains with corporation sewers;
   • (f) the location and construction of cesspools;
   • (g) the covering and ventilation of cesspools;
   • (h) the period or periods of the day during which trade effluent may be discharged from any trade premises into corporation sewers;
     • (i) the exclusion from trade effluent of all condensing matter;
   • (j) the elimination from trade effluent before it enters corporation sewer, of any constituent which in the opinion of the corporation would, either alone or in combination with any matter with which it is likely to come into contact while passing through corporation sewers, injure or obstruct those sewers or make specially difficult or expensive the treatment or disposal of the sewage from those sewers;
   • (k) the maximum quantity of trade effluent which may, without any consent or permission, be discharged from any trade premises into corporation sewers on any one day and the highest rate at which trade effluent may, without such consent or permission be discharged from any trade premises into corporation sewers;
   • (l) the regulation of the temperature of trade effluent at the time of its discharge into corporation sewers and the securing of the neutrality of trade effluent (that is to say, that it is neither acidic nor alkaline) at the time of such discharge;
   • (m) the charge to be paid to the corporation by occupiers of trade premises for the reception of trade effluent into corporation sewers and disposal thereof;
   • (n) the provision and maintenance of such an inspection chamber or manhole as will enable a person readily to take at any time samples of what is passing into corporation sewers from trade premises;
   • (o) the provision and maintenance of such meters as may be required to measure the volume of any effluent being discharged from any trade premises into corporation sewers, and the testing of such meters.
   • (p) any other matter which has to be or may be provided for by bye-laws made under this Chapter.
2. (3) In making any bye-law under this section, the corporation may

provide that a breach thereof shall be punishable with fine which may extend to one hundred rupees and in case of a continuing breach with an additional fine which may extend to ten rupees for every day during which the breach continues after receipt of a notice from the corporation to discontinue such breach.

Any person appointed by the

Execution of works by Government agency.- Government may at the request of the corporation when it considers that the corporation does not have at its disposal adequate technical assistance to execute a water supply or drainage scheme, direct the execution of any water supply or drainage scheme through the Public Works Department of the Government.

The corporation shall provide and maintain in proper and convenient places a sufficient number of public privies and shall cause the same to be kept clean and in proper order.

(1) The Commissioner may license for any period not exceeding one year the provision and maintenance of privies for public use. (2) No person shall keep a public privy without a licence under sub- section (1). (3) Every licensee of a public privy shall maintain it in clean and proper order.

1. (2) No person shall keep a public privy without a licence under sub- section (1).
2. (3) Every licensee of a public privy shall maintain it in clean and proper order.

Commissioner may, by notice require, the owner or occupier of any building, within such time and in accordance with such direction as may be specified therein, to provide flush-out or other privies for the use of the persons employed in or about or occupying such building or alter or remove from an unsuitable place to a more suitable place any existing privy. Such owner or occupier shall keep every such privy clean and in proper order.

1. (2) Every owner or occupier of the ground on which any block of huts stands shall, within such time and in accordance with such directions as may be specified in a notice issued by the Commissioner, provide flush-out or other privies for the use of the inhabitants of such block of huts or alter or remove from an unsuitable place to a more suitable place any existing privy and shall keep the same clean and in proper order.

Every person employing workmen, labourers or other person exceeding twenty in number shall provide and maintain for the separate use of persons of each sex so employed flush-out or other latrines of such description and number as the

Provision of privies and urinals for markets, cart stands and cattle stands.- The Commissioner may, by notice require any owner or manager of a market, cartstand, cattle stand, choultry, theatre, railway station or other place of public resort within such time as may be specified in such notice to provide and maintain for the separate use of persons of each sex, flush-out or other privies of such description and number and in such a position as may be specified and to keep the same clean and in proper order.

All flush-outs or other privies shall be so constructed as to screen persons using the same from the view of persons passing by or residing in the neighbourhood.

The Commissioner may carry any cable, wire, pipe, drain or channel of any kind to establish or maintain any system of drainage, water-

supply or lighting, through, across, under or over any road, street or place laid out for a road or street and after giving reasonable notice to the owner or occupier may place and maintain posts, poles, standards, brackets or other contrivances to support cables, pipes, channels, wires and lights on any pole or post in the city not vested in the Government and under the control of the Government and may do all acts necessary or expedient for repairing or maintaining any such cable, wire, pipe, drain, channel, post, pole, standard, bracket or other similar contrivance in an effective state for the purpose for which it is intended to be used, or for removing the same: Provided that such work shall be done so as to cause the least practicable nuisance or inconvenience to any person: Provided further that the Commissioner shall, with the sanction of the stnading committee, pay compensation to any person who sustains damage by the exercise of such power.

1. (1) No person shall, without the permission of the Commissioner, make any connection with any corporation cable, wire, pipe, drain or channel or with the house connection of any other person.
2. (2) The Commissioner may, by notice, require any connections made in contravention of sub-section (1) to be demolished, removed, closed, altered or re-made.

If the corporation conducts any pipe or drain or other work connected with the water supply or drainages of the city across a line of railway, it may, with the sanction of the Government and at the cost of the corporation fund, require the railway administration to raise or lower the level thereof.

The corporation shall not undertake new works beyond the limits of the city without the sanction of the Government.

1. (2) The corporation may, in the execution and for the purposes of any works beyond the limits of the corporation sanctioned by the Government exercise all the powers which it may exercise within the city throughout the line of country through which conduits, channels, pipes, lines or posts and wires and the like, run, and over any lake or reservoir from which a supply of water for the use of the corporation is derived and over all lands at a distance not exceeding two kilometres beyond the high-water level of any such lake or reservoir, and over any lands used for sewage farms, sewage disposal tanks, filter and other works connected with the drainage of the city.

1. (i) provide or appoint in proper and convenient situations, depots or places for the temporary deposit of rubbish and filth and for the final disposal of filth and carcasses of animals.
2. (ii) provide dust-bins for the temporary deposit of rubbish; 1[(ii-a) make necessary arrangement for collection of solid waste from owners or occupiers as the case may be;]
3. (iii) provide vehicles or other suitable means for the removal of carcasses of animals; and
4. (iv) provide covered vehicles or vessels for the removal of filth.

1. (2) The Commissioner shall make adequate provision for preventing the deposits, places, dust-bins, vehicles and vessels referred to in sub-section (1) from becoming sources of nuisance.

¹ Inserted by Act 55 of 2013 w.e.f.20.8.2013.

(1) The Commissioner may, by public notice, direct that all rubbish and filth accumulating in any premises in any street or quarter of the city specified in the notice shall be collected by the owner or occupier of such premises, and after segregating it, hand it over to the concerned collector of solid waste or dispose it in such manner as may be specified in the notification, different manner may be specified in respect of different kind of solid wastes.

1. (2) The Commissioner may cause solid wastes are collected and disposed at suitable intervals and in proper and convenient situation in respect of which no notice issued under sub-section (1) is for the time being in force, and may by public notice direct that all rubbish and filth accumulating in any premises, are segregated and handed over or disposed off in accordance with such rules or bye-law as may be made in this regard.]

¹ Substituted by Act 55 of 2013 w.e.f.20.8.2013.

When any premises are used for carrying on any manufacture, trade or business or in any way so that rubbish or filth or any solid waste is accumulated in quantities which are, in the opinion of the Commissioner, too considerable to be segregated and deposited or handed over to concerned in any of the methods specified, by a notice issued under section 256, the Commissioner may,-

1. (a) by notice require the owner or occupier of such premises to collect

all rubbish and filth or any solid waste after segregation accumulating thereon, and to remove the same at such times, in such carts or receptacles, and by such routes as may be specified in the notice to a depot or place provided or appointed under section 255; or

1. (b) after giving such owner or occupier notice of his intention, cause all rubbish and filth or solid waste accumulated in such premises to be segregated and removed and charge the said owner or occupier for such removal such periodical fee as may, with the sanction of the standing committee, be specified in the notice issued under clause (a).]

¹ Substituted by Act 55 of 2013 w.e.f.20.8.2013.

The Commissioner shall provide,-

1. (a) for the daily surface-cleaning of all public streets and the removal of the sweeping therefrom, and
2. (b) for the removal of,-
   • (i) the contents of all receptacles and depots and the accumulations at all places provided or appointed by him under section 255 for the temporary deposit of any of the things specified therein, and
   • (ii) all things 1[collected or] deposited by owners or occupiers of premises in pursuance of any notice issued under section 256.

¹ Inserted by Act 55 of 2013 w.e.f.20.8.2013.

All things deposited in depots or places provided or appointed under section 260 shall be the property of the corporation.

In cases not provided for by any notice issued under section 256, the Commissioner shall lay down,-

1. (a) the hours within which rubbish and filth may be removed;
2. (b) the kind of cart or other receptacle in which rubbish and filth may be removed; and
3. (c) the route by which such carts or other receptacles shall be taken.

(1) The corporation shall maintain an establishment under the control of the Commissioner for the removal of rubbish and filth from privies which are not connected with a public drain.

1. (2) The corporation shall, if so required by the Government make provision for the preparation of compost manure from rubbish and filth.

night soil as head-load.- (1) Notwithstanding anything contained in this Act or in any other law, custom, usage, agreement or practice to the contrary, and save as provided in sub-section (3), no person shall employ or allow himself to be employed for wages or salary for carrying night-soil as head-load or by the manual handling thereof.

1[(2) Any person who contravenes the provisions of sub-section (1) shall be punished with fine which may extend to five hundred rupees and with further fine which may extend to fifty rupees for every day on which such offence is continued, after the date of the first conviction and if any person is convicted for the fifth time of an offence for the contravention of the provisions of sub-section (1) he shall be punished with imprisonment for a term which may extend to three months or with fine which may extend to one thousand rupees, or with both.]

1. (3) Nothing in this Act shall apply to any person who employs or allows himself to be employed for carrying night-soil as head-load or by the manual handling thereof in any hospital, clinic, nursing home or other similar institution or as a member of any organisation engaged in social service or to any person who himself carries or collects night-soil for the preparation, use or manufacture of manure.

¹ Substituted by Act 55 of 2013 w.e.f.20.8.2013.

premises, etc.- (1) No person who is bound by any notice issued under section 256 or section 257, as the case may be, to collect and deposit or remove rubbish or filth accumulating on any premises shall allow the same to accumulate for more than twenty-four hours.

1. (2) No person shall deposit any rubbish or filth otherwise than as provided in a notice issued under section 256 or 257 as the case may be.
2. (3) No person shall, after due provision has been made under sections 255 and 258 for the deposit and removal of the same,-
   • (a) deposit the carcasses of animals, rubbish or filth in any street or in the verandah of any building or on any unoccupied ground alongside any street or any public quay, jetty or landing place or on the bank of a water course or tank; or
   • (b) deposit filth or carcasses of animals in any dustbin or in any vehicle not intended for the removal of the same; or
   • (c) deposit rubbish in any vehicle or vessel intended for the removal of filth except for the purpose of deodorizing or disinfecting the filth.
3. (4) No owner or occupier of any premises shall keep or allow to be kept for more than twenty-four hours otherwise than in a receptacle approved by the Commissioner, any rubbish or filth on such premises or any place belonging thereto or neglect to employ proper means to remove the rubbish or filth from or to cleanse such receptacle and to dispose of such rubbish or filth in the manner directed by the Commissioner or fail to comply with any requisition of the Commissioner as to the construction, repair, paving or clearing of any privy on or belonging to, the premises.
4. (5) No owner or occupier shall allow the water of any sink, drain or privy or the drainage from any stable or place, or any other filth to run-down on or to be put upon, any street or into any drain in or alongside of any street, except in such manner as shall prevent any avoidable nuisance from any such filth soaking into the wells or ground at the side of the said drain.

pilgrimage, etc.- Where a mosque, temple, math or any place of religious worship or instruction or any place which is used for holding fairs, festivals or other like purposes in the city or in its neighbourhood, attracts on particular occasions, a large number of persons the Commissioner shall make special arrangements whether permanent or temporary which may be necessary in the interests of public health, safety or convenience and require the trustee or other person having control over such place to make such recurring or non-

recurring contribution to the funds of the corporation as the Government may determine.

(1) 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, 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 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, shall vest in the corporation.

1. (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.

The corporation shall cause the public streets to be maintained and repaired and may make all improvements thereto which are necessary or expedient for the public safety or convenience.

Commissioer may, subject always to such sanction as may be required,-

1. (a) lay-out and make new public streets;
2. (b) construct bridges and sub-ways;
3. (c) turn, divert, or with the special sanction of the corporation and the Government permanently close any public street or part thereof;
4. (d) widen, open, extend or otherwise improve any public street.

1. (2) 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.
2. (3) 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 Commissioner.

The Commissioner when authorised by the corporation in this behalf, may agree with any person,-

1. (a) to adopt, and maintain any existing or projected sub-way, bridge, aqueduct or arch, and the approaches thereto and may accordingly adopt and maintain such sub-way, bridges, aqueduct or arch and approaches as parts of public streets, or as property vesting in the corporation; or
2. (b) for the construction or alterations of any such sub-way, bridge acqueduct or arch or for the purchase or acquisition of any adjoining land required for the foundation and support thereof or for the approaches thereto, either entirely at the expense of such person or partly at the expense of such person and partly at the expense of the corporation.

(1) When any public street is permanently closed under section 267, 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.

1. (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.

1. (1) The 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. (2) Any land or building acquired under clause (b) of sub-section (1) may be sold, leased or otherwise disposed of, after public advertisment, 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. (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.

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 Commissioner by advertisment in the local newspapers and in the official Gazette, and also special notice thereof, signed by the 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.

1. (a) prescribe for any public street, a building line or a street alignment or both a building line and a street alignment;
2. (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 Commissioner by advertisment in the local newspapers and in the official Gazette, and also special notice thereof, signed by the 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.

(1) No person shall construct any portion of any building within a street alignment defined under section 271, provided however that the 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,-

1. (a) not to claim compensation in the event of the 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
2. (b) to pay the expenses of such removal: Provided that the Commissioner shall, in every case in which he gives permission, report his reasons, in writing to the standing committee.

1. (2) If the 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 271 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.
2. (3) No person shall erect or add to any building between a street alignment and a building line defined under section 271 except with the permission of the Commissioner who may when granting the permission impose such conditions as the standing committee may lay down for such cases.

(1) When any building or part thereof abutting on a public street is within a street alignment defined under section 271 the 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 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 Commissioner or otherwise, taken down, the 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 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.

1. (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

1. (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 be set back to the street alignment.

1. (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 Commissioner or otherwise, taken down, the 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.
2. (3) Land acquired under this section shall be deemed a part of the public street and shall vest in the corporation.
3. (4) When any building is set back in pursuance of any requisition made under sub-section (1), or when the 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

1. (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

(1) If any building or any part thereof is within the regular line of a public street and if, in the opinion of the Commissioner, it is necessary to set back the building to the regular line of the street he may, if the provisions of section 273 do not apply, by written notice,-

1. (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

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

1. (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 Commissioner.

1. (2) If such owner fails to show sufficient cause to the satisfaction of the 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 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.

1. (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 Commissioner may pull down the same and all the expenses incurred in so doing shall be paid by the owner.
2. (4) The 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 thenceforward be deemed a part of the public street and shall vest as such in the corporation.

1. (5) Nothing in this section shall be deemed to apply to buildings vesting in the Government.

Commissioner may, upon such terms as he thinks fit, allow any building to be set forward for the purpose of improving the line of a public street and may, with the sanction of the standing committee, by notice require any building to be so set forward in the case of reconstruction thereof or of new construction.

Explanation.- For the purpose of this section a wall separating any premises from a public street shall be deemed to be a building; and it shall be deemed a sufficient compliance with permission or requisition to set forward a building to the street alignment if a wall of such material and dimensions as are approved by the Commissioner is erected along the said line.

(1) The standing committee may prepare schemes and plans of proposed public streets, showing the direction of such streets, the street alignment and building line of each side of them, their intended width and such other details as may appear desirable.

1. (2) The width of such proposed streets shall not ordinarily be less than twelve meters or in any area covered by huts, six meters.
2. (3) When any plan has been prepared under sub-section (1), the provisions of section 273 shall apply to all buildings, so far as they stand across the street alignment of the projected street.

The Commissioner may by an order temporarily close any street to traffic for repair or in order to carry out any works connected with drainage, water supply or lighting or any of the purposes of this Act:

Protection of appurtenances and materials of streets.- It shall not be lawful for any person, without the permission of the Commissioner, to displace, take up or make up or make any alteration in the fences, posts, pavement, flags or other materials of any public street.

When, by a certificate of an officer of Government not below the rank of an Executive Engineer of the Public Works Department it appears to the Commissioner that having regard to the expenses of repairing roads in the neighbourhood extraordinary expenses have been incurred by the corporation in repairing a street by reason of the damage caused by excessive weight passing along the street or extraordinary traffic thereon, or by any process of loading, unloading, or depositing excessive weights thereon, the Commissioner may recover in civil court, from any person by or in consequence of whose order such damage has been caused, the amount of such expenses as may be proved to the satisfaction of such court to have been incurred by the corporation by reason of the damage arising from such weight or traffic as aforesaid: Provided that any person from whom expenses are or may be recoverable under this section may enter into an agreement with the corporation for the payment to it of a composition in respect of such weight or traffic and thereupon the person so paying shall not be subject to any proceedings under this section.

If the owner of any land utilises, sells, leases or otherwise disposes of such land or any portion or portions of the same as sites for the construction of buildings, he shall, save in such cases as the site or sites may about on an existing public or private street, layout and make a street or streets or road or roads giving access to the site or sites and connecting with an existing public or private street.

(1) Any person intending to layout or make a new private street must send to the Commissioner a written application with plans and sections showing the following particulars, namely:-

1. (a) the intended level, direction and width of the street;
2. (b) the street alignment and the building line; and
3. (c) the arrangements to be made for levelling, paving, metalling, flagging, channelling, sewering, draining, conserving and lighting the street.

1. (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 standing committee.
2. (3) Within sixty days after the receipt of any application under sub- section (1) the standing 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.
3. (4) Such sanction may be refused,-
   • (i) 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;
   • (ii) 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
   • (iii) if the proposed street is not designed so as to connect at one end with a street which is already open.
4. (5) No person shall layout or make any new private street without or otherwise than in conformity with the order of the standing 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 standing committee has received all the information which it considers necessary to enable it to deal finally with the said application.
5. (6) If the standing 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.

281.- (1) If any person lays out or marks any street referred to in section 281 without or otherwise than in conformity with the orders of the standing committee the Commissioner, may, whether or not the offender be prosecuted under this Act, by notice require the offender to,-

1. (a) show sufficient cause, by a written statement signed by him and sent to the 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 Commissioner, or is such alteration be impracticable, why such street should not be demolished; or
2. (b) appear before the 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.

1. (2) If any person on whom such notice is served fails to show sufficient cause to the satisfaction of the Commissioner why such street should not be

so altered or demolished, the Commissioner may pass an order directing the alteration or demolition of such street.

(1) If any private street or part thereof is not levelled, paved, metalled, flagged, channelled, sewered, drained, conserved or lighted to the satisfaction of the Commissioner, he may by notice require the owners of such street or part and the owners of buildings and lands fronting or abutting on such street or part including in cases where the owners of the land and of the building thereon are different, the owners both of the land and of the building to carry out any work which in his opinion may be necessary and within such time as may be specified in such notice.

1. (2) If such work is not carried out within the time specified in the notice, the 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 Commissioner.

If any street has been levelled, paved, metalled, flagged, channelled, sewered, drained, conserved and lighted under the provisions of section 283, such street shall, on the requisition of a majority of the owners referred to in sub- section (1) of that section, be declared a public street.

No one shall build any wall or erect any fence or other obstruction or projection or make any encroachment in or over any street or any public place the control of which is vested in the corporation except as hereinafter provided.

(1) No door, gate, bar or ground-floor window shall, without a licence from the Commissioner, be hung or placed so as to open outwards upon any street.

1. (2) The Commissioner may, by notice require the owner of such door, date, bar or window to alter it so that no part thereof when open shall project over the street.

(1) The 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 or any public place the control of which is vested in the corporation.

1. (2) If the owner or occupier of the premises proves that any such projection, encroachment or obstruction has existed for a period sufficient under the law of limitation to give him a prescriptive title (or where such period is less than thirty years, for a period of thirty years), or that it was erected with the consent of any municipal authority duly empowered in that behalf, and that the period, if any, for which the consent is valid has not expired, the corporation shall make reasonable compensation to every person who suffers damage by the removal or alteration of the same.

Commissioner may grant a licence subject to such conditions and restrictions as he may think fit to the owner or occupier of any premises,-

1. (a) to put-up or continue to have verandahs, balconies, sun-shades, weather frames and the like to project over a street; or
2. (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
3. (c) to construct any step or drain-covering necessary for access to the premises.

1. (2) The 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.
2. (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.
3. (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 Commissioner may, without notice, cause any projection or construction put up under sub-section (1) or (2) to be removed, and the cost of so doing shall be recoverable in the manner provided in section 470 from the person to whom the licence was granted.
4. (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.

No person shall except with the written permission of the Commissioner under section 288 erect or set up any wall, fence, rail, post, step, booth or other structures or fixtures in or upon any public street or upon or over any open channel, 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.

No person shall except with the written permission of the Commissioner place or deposit upon any public street or upon any open channel, drain or well in any street or in any public place, any stall, chair, bench, box, ladder, bale or other things so as to form an obstruction thereto or encroachment thereto.

Except under and in conformity with the terms and provisions of a licence granted by the Commissioner in this behalf, no person shall hawk or expose for sale in any public place or in any public street any article whatsoever whether it be for human consumption or not.

Notwith-standing anything contained in this Act, the Commissioner may, without notice, cause to be removed,-

1. (a) any wall, fence, rail, step, booth or other structure or fixture which is erected or set up in contravention of the provisions of section 288A;
2. (b) any stall, chair, bench, box, ladder, bale, or any other thing whatsoever, placed or deposited in contravention of section 288B;
3. (c) any article, whatsoever, hawked or exposed for sale in any public place or in any public street in contravention of section 288C and any vehicle, package, box, board, shelf or any other thing in or on which such article is placed, or kept for the purpose of sale.]

1. Section 288A to 288D inserted by Act 32 of 1986 w.e.f. 17.6.1986.

(1) The Commissioner shall, so far as is practicable, during the construction or repair of any street, drain or premises vested in the corporation,-

1. (a) cause the same to be fenced and guarded;
2. (b) take proper precautions against accident by shoring up and protecting adjoining buildings; and
3. (c) cause such bars, chains or posts to be fixed across or in any street in which any such work is under execution as are necessary in order to prevent the passage of vehicles or animals and avert danger.

1. (2) The Commissioner shall cause such drain, street or premises to be sufficiently lighted or guarded during the night while under construction or repair.
2. (3) The Commissioner shall, with all reasonable speed, cause the said work to be completed, the ground to be filled in the said drain, street or premises to be repaired and the rubbish occasioned thereby to be removed.

No person shall without lawful authority remove any bar, chain, post or storing timber or remove or extinguish any light set up under section 289.

(1) No person shall make a hole or cause any obstruction in any street unless he previously obtains the permission of the Commissioner and complies with such conditions as he may impose.

1. (2) When such permission is granted, such person shall, at his own expense, cause such hole or obstruction to be sufficiently fenced and enclosed, until the hole or obstruction is filled up or removed and shall cause the hole or obstruction to be sufficiently lighted during the night.
2. (3) If any obstruction is caused in any street by the fall of structures, trees, or fences, the owner or occupier of the premises concerned shall, within twelve hours of the occurrence of such fall or within such further period as the

Licence for work on buildings likely to cause obstruction.- If any person intends to construct or demolish any building or to alter or repair the outward part thereof and if any street or foot-way is likely to be obstructed or rendered inconvenient by means of such work, he shall first obtain a licence from the Commissioner in that behalf and shall also,-

1. (a) cause the said building to be fenced and guarded;
2. (b) sufficiently light it during the night; and
3. (c) take proper precautions against accidents during such time as public safety or convenience requires.

(1) The corporation shall give names or numbers to new public streets and may, subject to the approval of the Government, alter the name or number of any public street.

1. (2) The Commissioner shall cause to be put up or painted on a conspicuous part of some building, wall, or place, at or near each end, corner or entrance of every public street, the name or number by which it is to be known.
2. (3) No person shall without lawful authority destroy, pull down or deface any such name or number or put up any name or number different from that put up by order of the Commissioner.

(1) The Commissioner may cause a number to be affixed to the side or outer door of any building or to some place at the entrance of the enclosure thereof.

1. (2) No person shall without lawful authority destroy, pull down or deface any such number.
2. (3) When a number has been affixed under sub-section (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 Commissioner may, by notice, require him to replace it.

GENERAL POWERS

1[INCLUDING TOWN PLANNING]

¹ Inserted by the Act 37 of 2024 w.e.f. 04.09.2015.

corporation may make bye-laws,-

1. (a) for the regulation or restriction of the use of sites or buildings, and
2. (b) for the regulation or restriction of building.

1. (2) Without prejudice to the generality of the power conferred by clause
   • (b) of sub-section (1), bye-laws made under that clause may provide,-
   • (a) that no insanitary or dangerous site shall be used for building, and
   • (b) for the regulation or restriction of the construction of buildings intended for public worship on sites.
2. (3) Without prejudice to the generality of the power conferred by clause
   • (a) of sub-section (1), bye-laws made under that clause may provide for the following matters:-
   • (a) information and plans to be submitted together with applications for permission to build;
   • (b) height of buildings, whether absolute or relative to the width of streets;
   • (c) level and width of foundation, level of lowest floor and stability of structure;
   • (d) number and height of storeys composing a building and height of rooms;
   • (e) provision of sufficient open space, external or internal, and adequate means of ventilation;
   • (f) provision of means of egress in case of fire;
   • (g) provision of secondary means of access for the removal of house refuse;
   • (h) materials and methods of construction of external and party walls, roofs, and floors;
     • (i) position, materials and methods of construction of hearths, smoke escapes, chimneys, staircases, privies, drains, cesspools;
   • (j) paving of yards;
   • (k) restrictions on the use of inflammable materials in buildings;
   • (l) in the case of wells, dimensions of the well, the manner of enclosing it and if the well is intended for drinking purposes, the means which shall be used to prevent pollution of water.
3. (4) Every bye-law made under sub-section (1) relating to grant of licence for the construction or reconstruction of a building shall provide that planting of trees and plants in the premises shall be a condition of every licence granted for the construction or reconstruction of any such building.
4. (5) No piece of land shall be used as a site for the construction of a buildings, and no building shall be constructed or reconstructed otherwise than in accordance with the provisions of this Act and of any rules or bye-laws made thereunder relating to the use of building sites or the construction or re- construction of buildings.

Every owner or occupier of a building having sital area of not less than 2400 square feet or every owner who propose to construct a building on a sital area of not less than 1200 square feet shall provide rain water harvesting structure for storage for reuse or for ground water recharge within such date as may be notified by the State Government in such manner and subject to such conditions as may be provided in the rules and guidelines issued by the Corporation. Explanation.- For the purpose of this section,-

1. (a) “rain water harvesting” means collection and storage of rain water from roof top of a building or from a vacant land for reuse or for ground water recharge; and
2. (b) “ground water recharge” means recharging of open well or the under ground water table as the case may be, by use of harvested rain water. Provided that nothing in this section shall apply to the buildings already provided with rainwater harvesting structure in accordance with

section 72 A of the Bangalore Water Supply and Sewerage Act, 1964.]

1. Section 295A inserted by Act 19 of 2012 w.e.f. 28.4.2012.

classes of buildings in particular streets or localities.- (1) The corporation may give public notice of its intention to declare,-

1. (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
2. (b) that in any localities specified in the notice the construction of only detached buildings will be allowed, or
3. (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.

1. (2) No objections to any such declaration shall be received after a period of three months from the publication of such notice.
2. (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.
3. (4) The Commissioner shall publish any declaration so confirmed and it shall take effect from the date of publication.
4. (5) No person shall, after the date of publication of such declaration, construct or reconstruct any building in contravention of any such declaration.

(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. (3) In determining such compensation allowance shall be made for any benefit accruing to the same premises from the improvement of the streets.

1. (2) For any land so acquired the corporation shall pay compensation.
2. (3) In determining such compensation allowance shall be made for any benefit accruing to the same premises from the improvement of the streets.

etc., without permission.- (1) No external roof, verandah, pendal or wall of a building and no shed or fence shall be constructed or re-constructed of cloth, grass, leaves, mats or other inflammable materials except with the permission of the Commissioner, nor shall any such roofs, verandah, pendal, wall, shed or fence constructed or re-constructed in any year be retained in a subsequent year, except with such permission.

1. (2) Every permission granted under sub-section (1) shall expire at the end of the year for which it is granted.

(1) If any person intends to construct or re-construct a building, he shall send to the 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 1[including documents related to self- certification of the licensed professionals for such buildings as notified by the Government] 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. 1. Inserted by Act 65 of 2025 w.e.f. 12.09.2025

1[including documents related to self- certification of the licensed professionals for such buildings as notified by the Government] 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.

1. (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.

¹ Inserted by Act 65 of 2025 w.e.f. 12.09.2025

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.

1. (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 1[of vacant plot] fixed by the Department of Stamps and Registration under the provisions of the Karnataka Stamp Act, 1957, namely:- 2[(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 ` 157 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;
   • (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.] 1[299-AB. Levy of imposts, restrictions and conditions.- (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. (2) The Commissioner may for approving or sanctioning the plan or grant of commencement certificate or occupation certificate, charge and levy the following fee at such rates as may be prescribed in the rules or bye-laws, based on the guidance value fixed by the Department of Stamps and Registration under the provisions of the Karnataka Stamp Act, 1957 (Karnataka Act 34 of 1957) or based on any fixed charges with annual increment, namely:-
   • (a) fee for issuance of license;
   • (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) fee for services rendered by Empanelled Professionals in connection to the Authority's requirements, to be borne by the owners of buildings.
   • (h) penalty imposed at the time of issuance of occupancy certificate for not obtaining commencement certificate at the commencement of the construction;
     • (i) penalty for regularization up to the extent of violation or deviation in the construction with respect to sanctioned plan or zonal regulation

¹ Inserted by the Act 37 of 2024 w.e.f. 04.09.2015.

² Substituted by the Act 37 of 2024 w.e.f. 04.09.2015.

limit, as may be specified in the bye-laws; and

1. (j) such other fee as specified in the bye-laws or as specified by the Government from time to time.]

¹ Inserted by Act 65 of 2025 w.e.f. 12.09.2025.

charged or assessed in respect of the Bruhat Bengaluru Mahanagara Palike.-

1. (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. (2) The State Government may, by notification cancel or vary any notification issued under sub-section (1).
3. (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. (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. (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 consequence of the retrospective amendment made by the Karnataka Municipal

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:-

1. (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;
2. (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
3. (c) no Court shall enforce any decree or order directing the refund of any such fee.] 1. Section 299A to 299C Deemed to have been Inserted by Act 01 of 2022 w.e.f. 13.01.2022.

The construction or re-construction of a building shall not be begun unless and until the Commissioner has granted permission for the execution of the work.

1[300-A. Working Hours for construction activities.– The working hours for undertaking certain kinds of construction activities of buildings and other developments which do not cause nuisance from dust smoke and noise shall be such as may be prescribed in the rules or bye-laws.]

¹ Inserted by Act 65 of 2025 w.e.f. 12.09.2025.

grant permission to execute work.-

1[(1)] Within thirty days after the receipt of any application made under section 299 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 Commissioner shall, by written order, either grant such permission

¹ Renumbered by Act 32 of 1986 w.e.f. 17.6.1986.

² Inserted by Act 65 of 2025 w.e.f. 12.09.2025.

2[including the permission that may be granted based on self-certification from the licensed professional for such buildings as notified by the Government] or refuse on one or more of the grounds mentioned in section 303 or section 304 to grant it.

¹ Inserted by Act 32 of 1986 w.e.f. 17.6.1986.

1[(2) If the Commissioner has not within the said period of thirty days passed any order, the applicant may address a letter to the Commissioner by name, requesting him to pass necessary orders on his application, and the Commissioner shall, within a further period of 30 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 303 or section 304, to grant it.]

grant or refusal of approval or permission.- (1) If, within the period laid down in

¹ Substituted by Act 32 of 1986 w.e.f. 17.6.1986.

1[sub-section (2) of section 301] the Commissioner has neither given nor refused his approval of a building site, or his permission to execute any work, as the case may be, the standing committee shall be bound, on the written request of the applicant, to determine by written order whether such approval or permission should be given or not.

1. (2) If the standing committee does not, within one month from the receipt of such written request, determine whether such approval or permission should be given or not such approval or permission shall be deemed to have been given and the applicant may proceed to execute the work, but not as to contravene any of the provisions of this Act or any rules or bye-laws made under this Act.

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:-

1. (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;

1. (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;
2. (c) that any of the documents referred to in section 299 have not been signed as required under rules or bye-laws;
3. (d) that any information or documents required by the Commissioner under the rules or bye-laws has or have not been duly furnished;
4. (e) that streets or roads have not been made as required by section 280;
5. (f) that the proposed building would be an encroachment upon Government or corporation land;
6. (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.

1. (2) Whenever the 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.

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 Commissioner or the standing committee, if the site of, or proposed site for, such building is,-

1. (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
2. (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
3. (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.

(1) Notwithstanding anything contained in section 303, if any street shown in the site plan is an intended private street, the Commissioner may at his discretion refuse to grant permission to construct a building, until the street is commenced or completed.

1. (2) Notwithstanding anything contained in sections 301 and 303, the Commissioner may refuse approval of site for the construction or re-

construction of a building on the ground that the site or the site on which the building is situated is proposed to be acquired for a public purpose, provided that such refusal shall cease to operate after a period of six months from the date of communication of the refusal to the applicant.

If the construction or re-construction of a building is not commenced within two years after the date on which permission was given to execute the work, the work shall not be commenced until a fresh application has been made and a fresh permission granted under this Chapter.

The Commissioner may inspect any building during the construction or re-construction thereof, or within one month from the date of receipt of the notice given under section 115.

(1) If the Commissioner finds that the work,- (a) is otherwise than in accordance with the plans or specifications which have been approved, or (b) contravenes any of the provisions of this Act or any rule, bye-law, order or declaration made under this Act, he may by notice require the owner of the building within a period state either,- (i) to show cause why such alterations should not be made, or (ii) to make such alterations as may be specified in the said notice with the object of bringing the work into conformity with the said plans, specifications or provisions. (2) If the owner does not show cause as aforesaid he shall be bound to make the alterations specified in such notice. (3) If the owner shows cause as aforesaid the Commissioner shall by an order cancel the notice issued under sub-section (1) or confirm the same subject to such modifications as he may think fit.

1. (a) is otherwise than in accordance with the plans or specifications which have been approved, or
2. (b) contravenes any of the provisions of this Act or any rule, bye-law, order or declaration made under this Act, he may by notice require the owner of the building within a period state either,-
   • (i) to show cause why such alterations should not be made, or
   • (ii) to make such alterations as may be specified in the said notice with the object of bringing the work into conformity with the said plans, specifications or provisions.

1. (2) If the owner does not show cause as aforesaid he shall be bound to make the alterations specified in such notice.
2. (3) If the owner shows cause as aforesaid the Commissioner shall by an order cancel the notice issued under sub-section (1) or confirm the same subject to such modifications as he may think fit.

Notwithstanding anything contained in any of the preceding sections, the Commissioner may at any time stop the construction or re-construction of any building if in his opinion the work in progress endagers human life.

Every person shall, within one month after the completion of the erection of a building or the execution of any such work, deliver or send or cause to be delivered or sent to the Commissioner at his office notice in writing of such completion, accompanied by a certificate in the form prescribed in the bye- laws signed and subscribed in the manner prescribed and shall give to the Commissioner all necessary facilities for the inspection of such buildings or of such work and shall apply for permission to occupy the building.

1[(1A) Notwithstanding anything contained in sub-section (1), where permission is granted to any person for erection of a building having more than one floor, such person shall, within one month after completion of execution of any of the floors of such building, deliver or send or cause to be delivered or

¹ Inserted by Act 32 of 1986 w.e.f. 17.6.1986.

sent to the Commissioner at his office, a notice in writing of such completion accompanied by a certificate in the form prescribed in the bye-laws, signed and subscribed in the manner prescribed and shall give to the Commissioner all necessary facilities for inspection of such floor of the building and may apply for permission to occupy such floor of the building.]

1. (2) No person shall occupy or permit to be occupied any such building, 1[or part of the building] or use or permit to be used the building or part thereof affected by any work, until,-
   • (a) permission has been received from the Commissioner in this behalf; or
   • (b) the Commissioner has failed for 2[thirty] days after receipt of the notice of completion to intimate his refusal of the said permission. 1[(3) The Government may notify the category of building which shall be exempted from obtaining occupancy certificate.]

¹ Inserted by Act 32 of 1986 w.e.f. 17.6.1986.

² Substituted by Act 32 of 1986 w.e.f. 17.6.1986.

¹ Inserted by Act 64 of 2025 w.e.f. 12.09.2025

'building' does not include a hut.

The provisions of sections 299, 300, 306, 307, 308 and 309 shall, so far as may be, apply to wells.

(1) Every person who intends to construct or re-construct a hut shall send to the Commissioner,- (a) an application in writing for permission to execute the work, and (b) a site-plan of the land. (2) Every such application and a plan shall contain the particulars and be prepared in the manner required under the rules or bye-laws.

1. (a) an application in writing for permission to execute the work, and
2. (b) a site-plan of the land.

1. (2) Every such application and a plan shall contain the particulars and be prepared in the manner required under the rules or bye-laws.

The construction or re-construction of a hut shall not be commenced unless and until the Commissioner has granted permission for the execution of the work on an application sent to him under section 313.

Within fourteen days after the receipt of any application made under section 313 for permission to construct or re-construct a hut, or of any information or plan or further information or fresh plan required under rules or bye-laws, the Commissioner shall, by written order, either grant such permission or refuse on one or more of the grounds mentioned in section 317 to grant it.

(1) If within the period laid down in section 315, the Commissioner has neither granted nor refused to grant permission to construct or re-construct a hut, the standing committee shall be bound on the written request of the applicant to determine by written order whether such permission should be granted or not.

1. (2) If the standing committee does not, within thirty days from the receipt of such written request determine whether such permission should be granted or not, such permission shall be deemed to have been granted; and the applicant may proceed to execute the work but not so as to contravene any of the provisions of this Act or any rules or bye-laws made under this Act.

(1) The only grounds on which permission to construct or re-construct a hut be refused are the following, namely:-

1. (a) that the work or the use of the site for the work would contravene

some specified provision of any law or some specified rule, bye-law, order or declaration made under any law;

1. (b) that the application for permission does not contain the particulars or is not prepared in the manner required under rules or bye-laws;
2. (c) that any information or plan required by the Commissioner under rules or bye-laws has not been duly furnished;
3. (d) that streets or roads have not been made as required by section 280;
4. (e) that the land on which the hut is to be constructed or the street or streets on which such land abuts are not adequately drained, levelled or lighted;
5. (f) that the proposed hut would be an encroachment upon Government or corporation land.

1. (2) Whenever the Commissioner or standing committee refuses to grant permission to construct or reconstruct a hut, the reason for such refusal shall be specifically stated in the order.

If the construction or reconstruction of any hut is not commenced within six months after the date on which permission was given to execute the work, the work shall not be commenced until a fresh application has been made and a fresh permission granted under this Chapter.

The owner or occupier of any building adjoining a street shall keep the external part thereof in proper repair with limeplaster or other material to the satisfaction of the

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 or huts 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 hut or any room in a building therein shall not be deemed an alteration or addition for the purpose of this section.

1. (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 hut or room in a building therein, such question shall be referred to the standing committee, whose decision shall be final.

commenced, carried on or completed.- (1) If the Commissioner is satisfied,-

1. (i) that the construction or re-construction of any building or hut or well,-

1. (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
2. (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
3. (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

1. (ii) that any alteration required by any notice issued under section 308, have not been duly made; or
2. (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 320, 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 Commissioner, has been unlawfully executed, or make such alterations as may, in the opinion of the 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.

1. (2) The 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 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.

1. (3) If the owner or builder fails to show cause to the satisfaction of the Commissioner, the Commissioner may confirm the order, with any modification he may think fit and such order shall then be binding on the owner.
2. (4) If the construction or reconstruction of any building or hut is commenced contrary to the provisions of section 300 or 314 and the 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 or hut 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[321-A. Regularisation of certain unlawful buildings.- (1) Notwithstanding anything contained in this Act, when construction of any building is completed in contravention of the section 300, section 321 and building by laws made under section 423, the Commissioner may regularise building constructed prior to 3[

2[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:-

1. (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.
2. (b) No development made in the basement or usage in contravention of bye law shall be regularized.
3. (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.
4. (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 Commissioner.

1. (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) 2[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)

2[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)

2[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)

2[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.

1. (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.
2. (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 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.

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.]

1. Sections 321-A and 321-B inserted by Act 1 of 2007 w.e.f. 15.9.2007 by notification text of

² Substituted by Act 57 of 2013 w.e.f. 27.08.2013.

³ Substituted by Act 67 of 2013 It shall be deemed to have come into force with effect from

the Notification is at the end of the Act. the 19 th day of October, 2013.

(1) If any structure be deemed by the Commissioner to be in a ruinous state or dangerous to passers by or to the occupiers of neighbouring structures, the 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 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 in the manner provided in section 470. (3) If in the Commissioner's opinion the said structure is imminently dangerous to the inmates thereof, the Commissioner shall order the immediate evacuation thereof and any persons disobeying may be removed by any police officer.

1. (2) If immediate action is necessary, the 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 in the manner provided in section 470.
2. (3) If in the Commissioner's opinion the said structure is imminently dangerous to the inmates thereof, the Commissioner shall order the immediate evacuation thereof and any persons disobeying may be removed by any police officer.

(1) If any tree or any branch of a tree or the fruit of any tree be deemed by the Commissioner to be likely to fall and thereby to endanger any person or any structure, the 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 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 in the manner provided in section 470.

1. (2) If immediate action is necessary, the 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 in the manner provided in section 470.

If any tank, pond, well, hole, stream, dam, bank or other place be deemed by the Commissioner to be for want of sufficient repair, protection or enclosure, dangerous to the passers by or to persons living in the neighbourhood, the Commissioner may by notice require the owner to fill in, remove, repair, protect or enclose the same so as to prevent any danger therefrom.

1. (2) If immediate action is necessary the Commissioner may himself, before giving such notice or before the period of notice expires, take such temporary measures as he thinks fit to prevent danger and the cost of doing so shall be recoverable from the owner in the manner provided in section 470.

The 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 Commissioner may think necessary to prevent danger from fire.

1. (2) The 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.
2. (3) Where the 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 stair-cases 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.

Commissioner's permission.- (1) No new well, tank, pond, cistern, fountain or the like shall be dug or constructed without the permission of the commissioner.

1. (2) The Commissioner may grant permission, with or without conditions, or may refuse, it.
2. (3) If any such work is begun or completed without such permission, the Commissioner may either,-
   • (a) by notice require the owner or other person who has done such work to fill up or demolish such work in such manner as he shall direct; or
   • (b) grant permission to retain such work, but such permission shall not exempt such owner from proceedings for contravening the provisions of sub- section(1).

If in the opinion of the 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 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.

(1) If in the opinion of the Commissioner,-

1. (a) any pool, ditch, tank, well, pond, bog, swamp, quarry-hole, drain, cess-pool, pit, water-course or any collection of water; or
2. (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 a nuisance, the 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 Commissioner shall direct or to take such order with the same for removing or abating the nuisance as the Commissioner shall direct.

1. (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 Commissioner, within the time fixed for compliance therewith written objections to such requisition the 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 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 462 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 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 Commissioner out of the corporation fund or shall be shared and if so, in what proportions.

1. (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.

spring, tank, well, etc., used for drinking.- (1) The Commissioner may 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 as the Commissioner may direct and to protect it from pollution caused by surface drainage or other matter in such manner as may be provided in the notice.

1. (2) If the water of any private tank, well, or other place which is used for drinking or washing clothes, as the case may be, is proved to the satisfaction of the Commissioner to be unfit for that purpose, the Commissioner may by notice require the owner or person having control thereof to,-
   • (a) refrain from using or permitting use of such water; or
   • (b) close or fill up such place or enclose it with a substantial wall or fence.

If it appears to the Commissioner, that any public well or receptacle for stagnant water is likely to be injurious to health or offensive to the neighbourhood, he shall cause the same to be cleansed, drained or filled up.

It shall not be lawful for any person to,- (a) bathe in any tank, reservoir, conduit, fountain, well or other place set apart by the corporation or by the owner thereof, for drinking purposes; (b) wash or cause any animal or thing to be washed in any such place; (c) throw, put or cause to enter into the water in any such place, any animal, or thing whereby the water may be fouled or polluted; or (d) cause or suffer to drain into or upon any such place, or cause or suffer anything to be brought thereunto or do anything, whereby the water may be fouled or polluted.

1. (a) bathe in any tank, reservoir, conduit, fountain, well or other place set apart by the corporation or by the owner thereof, for drinking purposes;
2. (b) wash or cause any animal or thing to be washed in any such place;
3. (c) throw, put or cause to enter into the water in any such place, any animal, or thing whereby the water may be fouled or polluted; or
4. (d) cause or suffer to drain into or upon any such place, or cause or suffer anything to be brought thereunto or do anything, whereby the water may be fouled or polluted.

If any building or land, by reason of abandonment, disputed ownership or other cause remains untenanted and thereby becomes a resort of idle or disorderly persons or in the opinion of the Commissioner becomes a nuisance, the Commissioner may after due inquiry by notice require the owner or person claiming to be the owner to secure, enclose, clear or cleanse the same.

The 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.

If in the opinion of the 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.

The Commissioner may by notice require the owner or occupier of any building or land near a public street to,-

1. (a) fence the same to the satisfaction of the Commissioner; or
2. (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 Commissioner may determine; or
3. (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
4. (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.

The Commissioner, if it appears to him necessary for sanitary purposes so to do may by notice require the owner or occupier of any building to limewash or otherwise cleanse the building inside and outside in the manner and within a period to be specified in the order.

Whenever the Commissioner considers,-

1. (a) that any building or portion thereof is, by reason of its having no plinth or having a plinth of insufficient height or by reason of the want of proper drainage or ventilation or by reason of the impracticability of cleaning, attended with danger of disease to the occupier thereof or to the inhabitants of

the neighourhood, or is for any reason likely to endanger the public health or safety, or

1. (b) that a block or group of buildings, is, for any of the said reasons, or by reason of the manner in which the buildings are crowded together, attended with such risk as aforesaid, he may by notice require the owners occupiers of such buildings or portions of buildings, or at his option the owners of the land occupied by such buildings or portions of buildings to execute such works or to take such measure as he may deem necessary for the prevention of such danger.

1. (2) No person shall be entitled to compensation for damages sustained by reason of any action taken under or in pursuance of this section save when a building is demolished in pursuance of an order made hereunder or so far demolished as to require re-construction, in which cases the corporation shall make reasonable compensation to the owner thereof.
2. (3) When any building is entirely demolished under this section and the demolition thereof adds to the value of other buildings in the immediate vicinity the owners of such other buildings shall be bound to contribute towards the compensation payable to the owner of the first named building in such proportion to the increased value acquired by their respective buildings as may be determined by the Commissioner.
3. (4) When any building is so far demolished under this section as to require reconstruction, allowance shall be made, in determining the compensation, for the benefit accruing to the premises from the improvement thereof.

(1) If any building or portion thereof, intended for or used as a dwelling-place appears to the 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.

1. (2) When any such prohibitory order has been made, the 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 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.
2. (3) When such prohibitory order has remained in operation for three months, the 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.
3. (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 Commissioner shall, in pursuance of the said decision by notice, require the owner to demolish the building.
4. (5) If the owner undertakes to execute forthwith the works necessary to render the building fit for human habitation and the Commissioner considers that it can be so made fit, the 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.

1. (1) If it appears to the Commissioner that any dwelling house or other building which is used as a dwelling place, or any room in any such dwelling-house, or building, is so overcrowded as to endanger the health of the inmates thereof, he may apply to a magistrate, to abate such overcrowding; and the magistrate, after such inquiry as he thinks fit to make, may by written order, require the owner of the building or room, within a reasonable time, not exceeding four weeks, to be laid down in the said order, to abate such overcrowding by reducing the number of lodgers, tenants or other inmates of the building or room, or may pass such other order as he may deem just and proper,
2. (2) The standing committee may declare what amount of superficial cubic space shall be deemed for the purposes of sub-section (1) to be necessary for such occupant of a building or room.
3. (3) If any building or room referred to in sub-section(1) has been sub-let, the landlord of the lodgers, tenants or other actual inmates of the same shall, for the purposes of this section, be deemed to be the owner of the building or room.
4. (4) It shall be incumbent on every tenant, lodger, or other inmate of a building or room, to vacate on being required by the owner so to do in obedience to any requisition made under sub-section (1).

building taken down, etc.- (1) When the Commissioner takes down any building or part thereof or cuts down any tree or hedge or shrub or part thereof or removes any fruit by virtue of his powers under this Chapter or under section 462, the Commissioner may sell the materials or things taken down or cut down or removed and shall in the case of sale apply the proceeds in or towards payment of the expenses incurred and pay any surplus accruing from such sale to the owner or other person entitled thereto on demand made within twelve months from the date of sale. If no such demand is made such surplus shall be forfeited to the corporation.

1. (2) If after reasonable inquiry it appears to the Commissioner that there is no owner or occupier to whom notice can be given under any section in this

Chapter he may himself take such order with the property mentioned in such section as may appear to him to be necessary and may recover the expense incurred by selling such property (not being land) or any portion thereof.

No person shall be entitled, save as provided in sections 328 and 337, to compensation for any damages sustained by reason of any action taken by a municipal authority in pursuance of its powers under this chapter.

(1) Nothing in this Act or in any rule or bye-law made thereunder shall be construed as requiring the taking out of any licence or the obtaining of any permission under this Act or any such rule or bye-law in respect of any place in the occupation or under the control of the Central Government or the State Government or in respect of any property of the Central Government or the State Government.

1. (2) Save in so far as the levy of any tax or continuation of levy of any tax on any property of the Union is permissible under Article 285 of the Constitution of India, the property of the Union shall be exempt from any tax levied under this Act.
2. (3) Notwithstanding anything contained in this Act no licence or permission shall be necessary for the Karnataka State Road Transport Corporation in respect of the fixation or erection of posts showing places of stoppage of buses or erection or construction of passenger-shelters, ticket booths and bus stands on any road or land vested in the corporation: Provided that no passenger-shelter, ticket booth or bus stand shall be erected or constructed under this section except with the previous sanction of the Government.
3. (4) In respect of passenger-shelters, ticket booths and bus stands erected or constructed under this section the Karnataka State Road Transport Corporation shall be liable to pay to the corporation such annual ground rent as may be agreed between them, and where there is no such agreement, as may be determined by the Government.

(1) No person shall, without or otherwise than in conformity with the terms of a licence granted by the Commissioner in this behalf, keep any lodging house, eating house, tea- shop, coffee-house, cafe, restaurant, refreshment room, or any place, where the public are admitted for repose or for the consumption of any food or drink or any place where food is sold or prepared for sale. Explanation.- In this sub-section ''lodging house'' means a hotel, boarding house, choultry or rest-house other than a choultry or rest-house maintained by the Government or a local authority, or any place where casual visitors are received and provided with sleeping accommodation, with or without food, on payment but does not include a students' hostel under public or recognized control. (2) The Commissioner may at any time cancel or suspend any licence granted under sub-section (1) if he is of opinion that the premises covered thereby are not kept in conformity with the conditions of such licence or with the provisions of any bye-law made under section 423 relating to such premises whether or not the licensee is prosecuted under this Act.

1. (2) The Commissioner may at any time cancel or suspend any licence granted under sub-section (1) if he is of opinion that the premises covered thereby are not kept in conformity with the conditions of such licence or with the provisions of any bye-law made under section 423 relating to such premises whether or not the licensee is prosecuted under this Act.

No person shall,-

1. (a) without the permission of the Commissioner or otherwise than in conformity with the terms of such permission, keep pigs in any part of the city;
2. (b) keep any animal or bird on his premises so as to be a nuisance or so as to be dangerous; or
3. (c) feed or permit of be fed on filth any animal, which is kept for dairy purposes or may be used for food.

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

1[x x x] or pigs are found straying, the same may be summarily destroyed by any person authorised in that behalf in writing by the Commissioner.

(1) The owner or occupier of any stable, veterinary infirmary, stand, shed, yard or other place in which quadrupeds are kept or taken in for purposes of profit, shall, in the first month of 1. Substituted by Act 32 of 2003 w.e.f. 16.6.2003. 1[every fifth year] or, in the case of a place to be newly opened, within one month before the opening of such place, apply to Commissioner for a licence. (2) The Commissioner may, by an order and under such restrictions and regulations as he thinks fit, grant or refuse to grant such licence. (3) No person shall, without or otherwise than in conformity with a licence, use any place or allow any place to be used for any such purpose.

¹ Substituted by Act 32 of 2003 w.e.f. 16.6.2003.

1[every fifth year] or, in the case of a place to be newly opened, within one month before the opening of such place, apply to Commissioner for a licence.

1. (2) The Commissioner may, by an order and under such restrictions and regulations as he thinks fit, grant or refuse to grant such licence.
2. (3) No person shall, without or otherwise than in conformity with a licence, use any place or allow any place to be used for any such purpose.

(1) All stables, cattlesheds and cow-houses shall be under the survey and control of the Commissioner as regards their site, construction, material and dimensions.

1. (2) The Commissioner may, by notice, require that any stable, cattle- shed or cow-house be altered, paved, drained, repaired, disinfected or kept in such a state as to admit of its being sufficiently cleaned or be supplied with water, or be connected with a sewer or be demolished.
2. (3) Every such notice shall be addressed to the owner or person having control of the stable, cattle-shed or cow-house.
3. (4) The expense of executing any work in pursuance of any such notice shall be borne by the owner.
4. (5) If any stable, cattle-shed or cow-house is not constructed or maintained in the manner required by or under this Act, the Commissioner may, by notice, direct that the same shall no longer be used as a stable, cattle- shed or cow-house. Every such notice shall state the grounds on which it proceeds.

Commissioner may construct or provide public halting places, cart-stands, cattle-sheds and cow-houses and may charge and levy such fees for the use of the same as the standing committee may fix. Explanation.- A cart-stand shall, for the purposes of this Act, include a stand for carriages including motor vehicles within the meaning of the Motor Vehicles Act, 1939 (Central Act IV of 1939) and animals.

1. (2) A statement of the fees fixed by the standing committee for the use of each such place, shall be put up in Kannada and English in a conspicuous part thereof.
2. (3) The Commissioner may farm out the collection of such fees for any period not exceeding 1[five years] at a time on such terms and conditions as he may thinks fit.

¹ Substituted by Act 32 of 2003 w.e.f. 16.6.2003.

cart-stand, etc.- Where the Commissioner has provided a public halting place, cart-stand, cattle-shed or cow-house, he may prohibit the use for the same purpose by any person within such distance thereof as may be determined by the standing committee of any public place or the sides of any public street.

1. (1) If the fee leviable under sub-section (1) of section 348 is not paid on demand, the person appointed to collect such fee may seize and detain such portion of the appurtenances or load of such cart, carriage, motor vehicle or animal as will, in his opinion, suffice to defray the amount due; in the absence of any such appurtenances or load or in the event of their value being insufficient to defray the amount due, he may seize and detain the cart, carriage, motor vehicle or animal. (2) All property seized under sub-section (1) shall be sent within twenty four hours to the Commissioner or to such person as he may have authorised to receive and sell such property and the Commissioner shall forthwith give notice to the owner of the property seized or if the owner is not known or is not resident within the city, to the person who was in charge of such property at the time when it was seized or if such person is not found, give public notice that after the expiry of two days, exclusive of Sunday, from the date of service or publication of such notice, the property will be sold in public auction at a place to be specified in the notice. (3) If at any time before the sale has begun, the amount due on account of the fee, together with the expenses incurred in connection with the seizure, detention and proposed sale is tendered to the Commissioner or other person authorised as aforesaid, the property seized shall be forthwith released. (4) If no such tender is made, the property or a sufficient portion thereof may be sold and the proceeds of the sale applied to the payment of,- (i) the amount due on account of the fees; (ii) such penalty not exceeding the mount of the fee as the Commissioner may direct; (iii) the expenses incurred in connection with the seizure, detention and sale. (5) If, after making the payments referred to in sub-section (4) there is any surplus sale proceeds or any property remaining unsold, the same shall be paid or delivered to the owner or other person entitled thereto.

sub-section (1) of section 348 is not paid on demand, the person appointed to collect such fee may seize and detain such portion of the appurtenances or load of such cart, carriage, motor vehicle or animal as will, in his opinion, suffice to defray the amount due; in the absence of any such appurtenances or load or in the event of their value being insufficient to defray the amount due, he may seize and detain the cart, carriage, motor vehicle or animal.

1. (2) All property seized under sub-section (1) shall be sent within twenty four hours to the Commissioner or to such person as he may have authorised to receive and sell such property and the Commissioner shall forthwith give notice to the owner of the property seized or if the owner is not known or is not resident within the city, to the person who was in charge of such property at

the time when it was seized or if such person is not found, give public notice that after the expiry of two days, exclusive of Sunday, from the date of service or publication of such notice, the property will be sold in public auction at a place to be specified in the notice.

1. (3) If at any time before the sale has begun, the amount due on account of the fee, together with the expenses incurred in connection with the seizure, detention and proposed sale is tendered to the Commissioner or other person authorised as aforesaid, the property seized shall be forthwith released.
2. (4) If no such tender is made, the property or a sufficient portion thereof may be sold and the proceeds of the sale applied to the payment of,-
   • (i) the amount due on account of the fees;
   • (ii) such penalty not exceeding the mount of the fee as the Commissioner may direct;
   • (iii) the expenses incurred in connection with the seizure, detention and sale.
3. (5) If, after making the payments referred to in sub-section (4) there is any surplus sale proceeds or any property remaining unsold, the same shall be paid or delivered to the owner or other person entitled thereto.

(1) No person shall open a new private cart-stand or continue to keep open a private cart-stand unless he obtains from the Commissioner a licence to do so. (2) Application for such licence shall be made by the owner of the place in respect of which the licence is sought not less than thirty days before such place is opened as a cart-stand or not less than thirty days before the 1[expiry of the period of licence] as the case may be. (3) The Commissioner shall, as regards private cart-stand already lawfully established and may, at his discretion as regards a new private cart- stand grant the licence applied for, subject to such regulations as to supervision and inspection and to such conditions as to conservancy as he may think proper, or he may refuse to grant any such licence for any new private cart-stand. The Commissioner may, at any time for breach of the conditions thereof, suspend or cancel any licence which has been granted under this section. The Commissioners may also modify the conditions of the licence to take effect from a specified date. (4) When a licence is granted, refused, suspended, cancelled or modified under this section, the Commissioner shall cause a notice of such grant, refusal, suspension, cancellation or modification, in English and Kannada, to be pasted in some conspicuous place at or near the entrance to the place in respect of which the licence was sought or had been obtained. (5) The Commissioner may levy for every licence granted under this section a fee not exceeding six hundred rupees per annum: Provided that no fees shall be levied in respect of a licence for a cartstand for the use of which no charge is made. (6) Every licence granted under this section shall expire at the 1[end of the period of five years] for which it is granted. 1. Substituted by Act 32 of 2003 w.e.f. 16.6.2003. 1. Substituted by Act 32 of 2003 w.e.f. 16.6.2003.

1. (2) Application for such licence shall be made by the owner of the place in respect of which the licence is sought not less than thirty days before such place is opened as a cart-stand or not less than thirty days before the 1[expiry of the period of licence] as the case may be.
2. (3) The Commissioner shall, as regards private cart-stand already lawfully established and may, at his discretion as regards a new private cart- stand grant the licence applied for, subject to such regulations as to supervision and inspection and to such conditions as to conservancy as he may think proper, or he may refuse to grant any such licence for any new private cart-stand. The Commissioner may, at any time for breach of the conditions thereof, suspend or cancel any licence which has been granted under this section. The Commissioners may also modify the conditions of the licence to take effect from a specified date.
3. (4) When a licence is granted, refused, suspended, cancelled or modified under this section, the Commissioner shall cause a notice of such grant, refusal, suspension, cancellation or modification, in English and Kannada, to be pasted in some conspicuous place at or near the entrance to the place in respect of which the licence was sought or had been obtained.
4. (5) The Commissioner may levy for every licence granted under this section a fee not exceeding six hundred rupees per annum: Provided that no fees shall be levied in respect of a licence for a cartstand for the use of which no charge is made.
5. (6) Every licence granted under this section shall expire at the 1[end of the period of five years] for which it is granted.

¹ Substituted by Act 32 of 2003 w.e.f. 16.6.2003.

¹ Substituted by Act 32 of 2003 w.e.f. 16.6.2003.

(1) The occupier of any premises in or on which any animal shall die or on which the carcass of any animal shall be found, and the person having the charge of any animal which dies in a street or in any open place, shall, within three hours after the death of such animal or if the death occurs at night within three hours after sunrise, either,-

1. (a) remove the carcass of such animal to such receptacle, depot or place as may be appointed by the Commissioner in that behalf; or
2. (b) report the death of the animal to an officer of the health department of the 1[ward] of the city in which the death occured with a view to his causing the same to be removed.

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

1. (2) When any carcass is so removed by the health department, a fee for the removal of such amount as shall be fixed by the Commissioner, shall be paid by the owner of the animal or, if the owner is not known, by occupier of the premises in or upon which or by the person in whose charge the animal died.

kilometers thereof may not be used without licence and payment of proportionate tax to local body concerned in the latter case.- (1) No place within the limits of the city shall be used for any of the purposes

3[as specified in the bye-laws or as notified by the Government] without a licence obtained from the Commissioner and except in accordance with the condition, specified therein.

2[Provided that, all Micro, small and Medium Enterprises registered under the Micro, Small and Medium Enterprises Development Act, 2006 (Central Act 27 of 2006) in concerned District Industries Centre and Large Industries who have filed Industrial Entrepreneurs Memorandum or Industrial License with the Secretariat of Industrial Assistance, Department of Industrial Policy and Promotion, Government of India are exempted from obtaining trade license.]

1. (2) The Commissioner shall, if so required by the corporation, publish a notification in the Official Gazette and in two or more local newspapers that any place

at a distance within five kilometers of the limits of the city shall not be used for any one or more of the purposes mentioned in

3[the bye-laws or as notified by the Government] without a licence obtained from the Commissioner and except in accordance with the conditions specified therein: Provided that no such notification shall take effect,-

1. (a) unless the sanction of the Government has been obtained therefor; and
2. (b) until the expiry of thirty days from the date of its publication in the Official Gazette.

1. (3) The owner or occupier of every place for the use of which for any purpose a licence is required under sub-section (1) or sub-section (2) shall apply to the Commissioner for such licence not less than thirty days before the place is used for such purpose or within thirty days of the publication of the notification under sub- section (2) in the Official Gazette, as the case may be.
2. (4) Every application for a licence for the use of any place for the purpose of storing or selling explosives, timber or other combustible material shall contain a statement showing the boundaries and measurements of such place.
3. (5) The Commissioner may grant such licence subject to such restrictions and conditions as may be specified by him thereon or he may refuse to grant such licence if it is likely to cause nuisance in the neighbourhood.
4. (6) Every such licence shall expire at the 1[end of the period of five years] for which it is granted, or at such earlier date as the Commissioner may, for special reasons, specify in the licence.
5. (7) Applications for renewal of such licences shall be made not less than thirty days 1[before the expiry of the period of licence.] The licence may be renewed to such conditions or restrictions as may be specified by the Commissioner or he may refuse to renew if it is likely to cause nuisance in the neighbourhood.
6. (8) Where a licence is granted under this section for the use of any place outside the limits of the city, the corporation shall pay to the local authority within the limits of which such place is situated, such proportion of the fee received by the corporation for the grant or renewal of such licence as the Government may, by general or special order, determine.

¹ Substituted by Act 32 of 2003 w.e.f. 16.6.2003.

² Inserted by Act 42 of 2015 w.e.f.23.12.2015.

³ Substituted by Act 64 of 2025 w.e.f. 12.09.2025

installation of factory or workshop or work-place in which steam or other power is to be employed.- (1) Every person intending to,-

1. (a) construct or establish any factory, workshop or work-place in which it is proposed to employ steampower, waterpower, or other mechanical power or electric power, or
2. (b) to install in any premises any machinery or manufacturing plant driven by steam, water, electric or other power as aforesaid, shall before beginning such construction, establishment or installation make

an application in writing to the Commissioner for permission to undertake the intended work.

1. (2) The application shall specify the maximum number of workers proposed to be simultaneously employed at any time in the factory, workshop, workplace, place or premises and shall be accompanied by,-
   • (a) a plan of the factory, workshop, work-place or premises prepared in such manner as may be prescribed by rules made in this behalf by the Government; and
   • (b) such particulars as to the powers, machinery plant or premises as the corporation may require by bye-laws made in this behalf.
2. (3) The Commissioner shall, as soon as may be, after the receipt of the application,-
   • (a) grant permission applied for either absolutely or subject to such conditions as he thinks fit to impose, or
   • (b) refuse permission if he is of opinion that such construction, establishment or installation is objectionable by reason of the density of the population in the neighbourhood or is likely to cause nuisance in the neighbourhood.
3. (4) Before granting permission under sub-section (3), the Commissioner,-
   • (a) shall, if more than nine workers are proposed to be simultaneously employed at any time in the factory, work-shop, work place or premises, obtain the approval of the inspector of factories appointed under the Factories Act, 1948 (Central Act 63 of 1948), having jurisdiction over the area in the city

where such factory, work-shop, work-place or premises is located as regards the plan of the factory, work-shop, work-place or premises with reference to,-

1. (i) the adequacy of the provision for ventilation and light;
2. (ii) the sufficiency of the height and dimensions of the rooms and doors;
3. (iii) the suitability of the exits, to be used in case of fire;
4. (iv) such other matters as may be prescribed by rules made by the Government, and

1. (b) shall consult and have due regard to the opinion of the health officer as regards the suitability of the site of the factory, workshop, work-place or premises for the purpose specified in the application.

1. (5) All chimneys in connection with any such factory, workshop, or work- place or any such machinery or manufacturing plant shall be of such height and dimensions as the Commissioner may determine.
2. (6) More than nine workers shall not be simultaneously employed at any time in any factory, workshop, work-place or premises, unless the permission granted in respect thereof under sub-section (3) authorises such employment or unless fresh permission authorising such employment has been obtained from the Commissioner. Before granting such fresh permission, the Commissioner shall obtain the approval of the inspector of factories referred to

in clause (a) of sub-section (4), as regards the plan of the factory, workshop, work-place or premises with reference to the matters specified in that clause.

1. (7) The grant of permission under this section shall not be deemed to dispense with the necessity for compliance with the provisions of sections 300 and 301 or sections 314 and 315 as the case may be. Explanation.- The word ''worker'' in sub-sections (2), (4) and (6) shall, in relation to any factory, workshop, work-place or premises, have the same meaning as in the Factories Act, 1948 (Central Act 63 of 1948).

(1) If , in any factory, workshop or work-place in which steam-power, water-power or other mechanical power or electric power is used, nuisance is, in the opinion of the Commissioner, caused by the particular kind of fuel used or by the noise or vibration created, he may issue such direction as he thinks fit for the abatement of the nuisance within a reasonable time to be specified for the purpose.

1. (2) If there has been wilful default in carrying out such directions or if abatement is found impracticable, the Commissioner may,-
   • (a) prohibit the use of the particular kind of fuel; or
   • (b) prohibit the working of the factory, workshop or work-place,-
     • (i) altogether until such directions have been carried out; or
     • (ii) between the hours of 6 p.m. and 6 a.m. or during any particular time or times between such hours.

(1) No person shall, without the written permission of the Commissioner, use or employ in any factory or any other place, any steam-whistle or steam-trumpet for purpose of summoning or dismissing workmen or persons employed.

1. (2) The Commissioner may at any time revoke any permission which he has given for the use of any such instrument as aforesaid, on giving one month's notice to the person using the same.

workshop, etc., to put up and maintain the factory, workshop, etc., in a cleanly state.- Whenever it shall appear to the Commissioner that any factory, workshop, work-place or any building or place in which steam, water or other mechanical power or electric power is used, is not kept in a cleanly state or is not ventilated in such a manner as to render harmless as far as practicable any gas, vapour, dust or other impurity generated in the course of the work carried on therein which, in the opinion of the Commissioner, is a nuisance or is so overcrowd while work is carried on as to be dangerous or injurious in the opinion of the Commissioner, to the health of the persons employed therein, or that any engine, mill-gearing hoist or other machinery herein is so fixed or so insecurely fenced as to be dangerous to life or limb, the Commissioner may by written notice require the owner of such factory, workshop, work-place or other building or place to make such order as he thinks fit for putting and maintaining the said factory, workshop, work-place or other buildings or place in a cleanly state or for ventilating the same or for preventing the same from being overcrowd or for preventing the danger to life or limb from any engine, mill-gearing, hoist or other machinery therein. Explanation.- Nothing in this section shall be deemed to affect any of the provisions of the Indian Boilers Act, 1923, or to authorise the Commissioner to issue any order relating to the fixing or fencing of any engine, mill-gearing, hoist or other machinery in any factory to which the provisions of the Factories Act, 1948 (Central Act 63 of 1948) are applicable.

factory, etc., to discontinue the use of such factory.- Whenever it shall appear to the Commissioner that any factory, workshop or workplace or any building or any place in which steam, water or other mechanical or electric power is employed, is or is likely to become, by reason of the employment of such power or by noise or by any gas, vapour, smoke, vibration, dust or other impurity generated in the course of the work carried on in such place or by any other cause, a nuisance or danger to the life, health or property of persons in the neighbourhood, he may by written notice require the owner or occupier of such factory, workshop, work-place, building or place to discontinue the use of such factory or place for any of the purposes that may be specified in such notice.

(1) The Commissioner or any person authorised by him in this behalf may enter any factory, workshop or work-place,-

1. (a) at any time between sunrise and sunset.
2. (b) at any time when any industry is being carried on, and
3. (c) at any time by day or night if he has reason to believe that any offence is being committed against sections 354, 355, 356, 357 or 358.

1. (2) No claim shall lie against any person for any damage or inconvenience necessarily caused by the exercise of powers under this section or by the use of the force necessary for the purpose of effecting an entrance under this section.

Commissioner.- The Government may either generally or in any particular case make such order or give such directions as it deems fit in respect of any action taken or omitted to be taken under section 354, 355, 356, 357 or 358.

The corporation shall set apart places for use by the public for bathing purposes and for washing animals.

Commissioner may construct or provide and maintain public bathing-houses, public wash-houses or places for the washing of vessels, clothes and may charge and levy such rents and fees for the use of any such bathing-house, wash-house or place as the standing committee may determine. Such rents and fees shall be recoverable in the same manner as the property tax.

1. (2) The Commissioner may farm out the collection of such rents and fees for any period not exceeding three years at a time on such terms and conditions as he may think fit.
2. (3) If a sufficient number of public wash-houses or places be not maintained under sub-section (1) the Commissioner may without making any charge therefor appoint suitable places for the exercise by washermen of their calling.
3. (4) In public wash-houses, the clothes of persons suffering from infectious diseases and of persons residing in the premises occupied by persons suffering from such diseases shall be washed separately in a separate block wherever set apart for the purpose and shall be washed by such methods as the Commissioner may lay down in that behalf.

(1) The Commissioner may, by public notice, prohibit the washing of clothes by washermen in the exercise of their calling, either within the city or outside the city within five kilometers of the boundary thereof except at,-

1. (a) public wash-houses or places maintained or provided under section 362; or
2. (b) such other places as he may appoint for the purpose.

1. (2) When any such prohibition has been made no person who is by calling a washerman shall, in contravention of such prohibition, wash clothes, except for himself or for personal and family service or for hire on and within

the premises of the hirer, at any place within or without the corporation limits other than in a public wash-house or place maintained or appointed under this Act:

Provision of corporation slaughter-houses.- (1) The corporation shall provide a sufficient number of places for use as corporation slaughter- houses and the Commissioner may charge and levy such rents and fees for their use as the standing committee may determine, Such rents and fees shall be recoverable in the same manner as the property tax.

1. (2) The Commissioner may farm out the collection of such rents and fees for any period not exceeding three years at a time on such terms and conditions as he may think fit.
2. (3) Corporation slaughter-houses may be situated within the city limits or

outside the limits of the city with the sanction of the Government.

(1) The owner of any place within the limits of the city or at a distance within five kilometers of such limits which is used as a slaughter house for the slaughtering of animals or for the skinning or cutting up of carcasses shall, not less than thirty days before the commencement of the year for which the licence is sought or in the case of a place to be newly opened, not less than one month before the opening of the same, apply to the Commissioner for a licence: Provided that this sub-section shall not be applicable to any area outside the limits of the city except with the previous sanction of the Government.

1. (2) The Commissioner may by an order, and subject to such restrictions and regulations as to supervision and inspection, as he thinks fit, grant or refuse to grant such licence.

Commissioner may allow any animal to be slaughtered in such place as he thinks fit on occasions of festivals and ceremonies or as a special measure.

No person shall slaughter within the city except in a corporation or licensed slaughter-house any cattle, horse, sheep, goat or pig for sale or food or skin or cut up any carcass without or otherwise than in conformity with a licence from the

Public markets.- All markets which are acquired, constructed, repaired or maintained out of the corporation fund shall be deemed to be public markets.

1. (1) The corporation may provide places for use as public markets.
2. (2) The Commissioner may, in any public market charge and levy any one or more of the following fees at such rates as the standing committee may determine and may place the collection of such fees under the management of such persons as may appear to him proper or may farm out such fees on such terms and subject to such conditions as he may deem fit, namely:-
   • (a) fees for the use of, or for the right to expose goods for sale in, such markets;
   • (b) fees for the use of shops, stalls, pens or stands in such markets;
   • (c) fees on vehicles or pack-animals carrying or on persons bringing goods for sale in such markets;
   • (d) fees on animals brought for sale into, or sold in such markets; and
   • (e) licence fees on brokers, commission agents, weighmen and measurers practising their calling in such markets.
3. (3) Such fees shall by recoverable in the same manner as the property tax. (4)The corporation may, with the sanction of Government, close any public market or part thereof.

No person shall, without the permission of the Commissioner, or if the fees have been farmed out, of the farmer, sell or expose for sale any animal or article within any public market. (2) Any person who contravenes sub-section (1) or any condition of the licence or any regulation made under section 378 or in any bye-law made under section 423 or who commits default in payment of the fees leviable under section 369 may after three clear days' notice be summarily removed form such market by any corporation officer or servant and any lease or tenure which any person may possess may be terminated for such period and from such date as the Commissioner may determine with-out prejudice to the legal rights of the corporation to prosecute the person or to recover the fees leviable under section 369 and expenses, if any which the corporation may incur in such removal.

1. (2) Any person who contravenes sub-section (1) or any condition of the licence or any regulation made under section 378 or in any bye-law made under section 423 or who commits default in payment of the fees leviable under section 369 may after three clear days' notice be summarily removed form such market by any corporation officer or servant and any lease or tenure which any person may possess may be terminated for such period and from such date as the Commissioner may determine with-out prejudice to the legal rights of the corporation to prosecute the person or to recover the fees leviable under section 369 and expenses, if any which the corporation may incur in such removal.