Definitions

In this Act, unless the context otherwise requires,— (1) [Omitted] (1A) “Backward Classes” means such class and 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 President and Vice-President in a Municipal Council or Town Panchayat; (2) “betterment fee” means the fee payable under section 160 in respect of an increase in the value of land resulting from the execution of an improvement scheme; (3) “building” includes a house, out-house, stable, latrine, urinal, shed, hut, wall, verandah, fixed platform, plinth, doorstep, staircase or any other such structure, including telecommunication tower or Advertisement structures whatever name called whether of masonry, bricks, wood, mud, metal or any other material whatsoever; but does not include a portable shelter; (4) “City Municipal Council” means a city municipal council established under this Act; (5) “Commissioner” means the Regional Commissioner or other Officer appointed to perform the duties of the Commissioner under this Act. (6) “Councillor” means any person who is legally a member of a municipal council or Town Panchayat; (7) “dangerous disease” means,— (a) cholera, plague, chicken-pox, small-pox, tuberculosis, leprosy, enteric fever, cerebro-spinal meningitis and diphtheria, and (b) any other endemic, epidemic or infectious disease which the Government may by notification declare to be a dangerous disease for the purposes of this Act; (8) “date of commencement of this Act” means the date appointed under sub-section (3) of section 1; (8A) "Director of Municipal Administration" means the director of municipal administration appointed under sub-section (1-A) of section 388 (9) “Election Tribunal” means in respect of any area any judicial officer appointed by notification by the Government to be Election Tribunal in respect of such area and where no such judicial officer is appointed, the Civil Judge having jurisdiction over the area within which the election has been or should have been held. (10) “Government” means the State Government; (11) “hut” means any building which is constructed principally of wood, bamboo, mud, leaves, grass, cloth or thatch and includes any structure of whatever material made which the municipal council may declare to be a hut for the purposes of this Act; (12) “land” includes land which is built upon or covered with water, benefits to arise out of land, things attached to the earth or permanently fastened to anything attached to the earth and rights created by law over any street; (13) “market” includes any place where persons assemble for the sale of, or for the purpose of exposing for sale, meat, fish, fruits, vegetables, 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 be no common regulation for 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 by any other person; (14) “municipal council” means the council of a town or city municipal area established under this Act; (15) “municipal area” means any area specified as a smaller urban area and which is deemed to be a municipal area under section 3 and includes any local area which is deemed to be a municipal area under section 350; (16) “notification” means a notification published in the official Gazette; (17) “nuisance” includes any act, omission, place, animal 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; (18) “occupier” includes,— (a) any person who for the time being is paying or is liable to pay to the owner the rent or any portion of the rent of the land or building in respect of which such rent is paid or is payable; (b) an owner in occupation of, or otherwise using his land or building; (c) a rent-free tenant of any land or building; (d) a licensee in occupation of any land or building; and (e) any person who is liable to pay to the owner damages for the use and occupation of any land or building; (19) [Omitted] (20) “owner” includes a person who for the time being is receiving or is entitled to receive, the rent of any land or building whether on his own account or on account of himself and others or as an agent, trustee, guardian or receiver for any other person or who would to receive the rent or be entitled to receive it, if the land or building or part thereof were let to a tenant and also includes the custodian of evacuee property in respect of evacuee property vested in him under the Administration of Evacuee Property Act, 1950 (Central Act XXXI of 1950); (20A) “population” means the population as ascertained at the last preceding census of which the relevant figures have been published; (21) “prescribed” means prescribed by rules made by the Government under this Act; (22) “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 a premises on his own land to secure access to or the convenient use of such premises; (23) “public securities” means,— (a) securities of the Government of India, (b) securities of the Government of Karnataka, or of any other State Government, (c) debentures or other securities for money issued by or on behalf of any local authority in exercise of the powers conferred by a law in force in the State, or (d) a security expressly authorised by any order which the Government makes in this behalf; (24) “public street” means any street, road, square, court, alley, passage or riding path over which the public have a right of way, whether a thoroughfare or not and includes,— (a) the roadway over any public bridge or causeway, (b) the footway attached to any such street, public bridge or causeway, (c) the drains abutting to any such street, public bridge or causeway and the land, whether covered or not by any pavement, verandah, or other structure, which lines 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 municipal council, and (d) any street which, under any provision of this Act, becomes or is declared to be a public street; (25) “Scheduled Castes” means the Scheduled Castes and Scheduled Tribes specified in respect of the State of Karnataka or in respect of any area thereof in the Constitution (18) “occupier” includes,— (a) any person who for the time being is paying or is liable to pay to the owner the rent or any portion of the rent of the land or building in respect of which such rent is paid or is payable; (b) an owner in occupation of, or otherwise using his land or building; (c) a rent-free tenant of any land or building; (d) a licensee in occupation of any land or building; and (e) any person who is liable to pay to the owner damages for the use and occupation of any land or building; (19) [Omitted] (20) “owner” includes a person who for the time being is receiving or is entitled to receive, the rent of any land or building whether on his own account or on account of himself and others or as an agent, trustee, guardian or receiver for any other person or who would to receive the rent or be entitled to receive it, if the land or building or part thereof were let to a tenant and also includes the custodian of evacuee property in respect of evacuee property vested in him under the Administration of Evacuee Property Act, 1950 (Central Act XXXI of 1950); (20A) “population” means the population as ascertained at the last preceding census of which the relevant figures have been published; (21) “prescribed” means prescribed by rules made by the Government under this Act; (22) “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 a premises on his own land to secure access to or the convenient use of such premises; (23) “public securities” means,— (a) securities of the Government of India, (b) securities of the Government of Karnataka, or of any other State Government, (c) debentures or other securities for money issued by or on behalf of any local authority in exercise of the powers conferred by a law in force in the State, or (d) a security expressly authorised by any order which the Government makes in this behalf; (24) “public street” means any street, road, square, court, alley, passage or riding path over which the public have a right of way, whether a thoroughfare or not and includes,— (a) the roadway over any public bridge or causeway, (b) the footway attached to any such street, public bridge or causeway, (c) the drains abutting to any such street, public bridge or causeway and the land, whether covered or not by any pavement, verandah, or other structure, which lines 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 municipal council, and (d) any street which, under any provision of this Act, becomes or is declared to be a public street; (25) “Scheduled Castes” means the Scheduled Castes and Scheduled Tribes specified in respect of the State of Karnataka or in respect of any area thereof in the Constitution (Scheduled Castes) Order, 1950, and the Constitution (Scheduled Tribes) Order, 1950, for the time being in force; (25A) “State Election Commission” means the State Election Commission constituted under section 308 of the Karnataka Panchayat Raj Act, 1993; (26) “street” means any road, footway, square, court, alley or passage, accessible whether permanently or temporarily to the public, whether a thoroughfare or not; and shall include every vacant space, notwithstanding that it may be private property and partly or wholly obstructed by any gate, post, chain or other barrier, if houses, shops or other buildings abut thereon and if it is used by any person as a means of access to or from any public place or thoroughfare, whether such persons be occupiers of such buildings or not; but shall not include any part of such space which the occupier of any such building has a right at all hours to prevent all other persons from using as aforesaid; (27) “tax” shall include any toll, rate, cess, fee or other impost leviable under this Act; (27A) "Taxable capital value" means the value of any buildings including any land occupied by it or vacant land or both fixed in accordance with the provisions of this Act and rules for the porpuse assessment of tax on buildings or vacant land or both; (28) “Town Municipal Council” means a town municipal council established under this Act; (28A) “Town Panchayat” means a Town Panchayat established under this Act; (28B) “Vacant land" means land not builtupon; but does not include appurtenant land to a building; (29) “vehicle” includes carriage, cart, van, truck, hand-cart, bicycle, tricycle, cycle rickshaw, and every wheeled conveyance which is used or is capable of being used on a public street. In section 102 of the principal Act, (i) in sub-section (1),- (a) after the words “having regard to the”, the word “prevailing” shall be inserted; and (b) for the words “fifty percent of the market value guidelines”, the words “twenty five percent of the prevailing market value guidelines” shall be substituted. (ii) in sub-section (2), for the words “fifty percent of the market value guidelines”, the words “twenty five percent of the prevailing market value guidelines” shall be substituted. In the Karnataka Municipalities Act, 1964 (Karnataka Act 22 of 1964) (hereinafter referred to as the principal Act), in section 101,-(i) in sub-section (2),-(a) in clause (b), for the figures, words and brackets “0.3 percent (rupees three per thousand)” and “one percent (rupees ten per thousand)”, the figures, words and brackets “0.2 percent (rupees two per thousand)” and “1.5 percent (rupees fifteen per thousand)” shall respectively be substituted.(b) in clause (c),-(i) the words “measuring not above one thousand square meters” shall be omitted ; and (ii) for the figures, words and brackets “0.1 percent (rupees one per thousand)” the figures, words and brackets “0.2 percent (rupees two per thousand)” shall be substituted.(c) clause (d) and (e) shall be omitted.(ii) in sub-section (3), for the second proviso, the following shall be substituted, namely:-

“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).” In the Karnataka Municipalities Act, 1964 (Karnataka Act 22 of 1964), for section 245, the following shall be substituted, namely:-

“245. Power to expel disturbers etc., from markets.- The person in charge of a market shall prevent the entry therein of and shall expel there from, any person suffering from any dangerous or contagious disease, who sells or exposes for sale therein any article or who, not having purchased the same handles any article exposed for sale therein; and he may expel there from any person who is creating a disturbance therein.” In the Karnataka Municipalities Act, 1964 (Karnataka Act 22 of 1964),- (i) In section 105, in sub-section (3), the following shall be inserted at the end, namely:- “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, commencing from the financial year 2023-24, shall be concluded within one year”. (ii) In section 106,- (a) in sub-section (1), for the words “vacant lands” the words “vacant building sites” shall be substituted. (b) after sub-section (1), the following shall be inserted, namely:- “(1A) (i) Notwithstanding anything contained in this Act, prior approval for the layout plan by the jurisdictional planning authority shall be obtained by the Commissioner or Chief Officer of the Municipality or any officer authorized by the Commissioner or Chief Officer to issue new PID or khata for the building sites meant for the purposes of construction of building. (ii) In case, the municipal areas falling under the jurisdiction of the local planning area notified under the Karnataka Town and Country Planning Act, 1961 (Karnataka Act 11 of 1963), the sanctioned layout plan shall be obtained from the jurisdictional planning authority under section 17 of the Karnataka Town and Country Planning Act, 1961 (Karnataka Act 11 of 1963) and no new PID or khata shall be issued without complying with the provisions of section 17 and sub-section (2-E) of the section 17 of the Karnataka Town and Country Planning Act, 1961(Karnataka Act 11 of 1963). (iii) In case the municipal area is not covered under the jurisdiction of the local planning area or the planning authority constituted under the Karnataka Town and Country Planning Act, 1961 (Karnataka Act 11 of 1963), the sanctioned layout plan shall be obtained from the Director of Town and Country Planning or officer authorized by him under sub-section (2) of section 4-K of the Karnataka Town and Country Planning Act, 1961 (Karnataka Act 11 of 1963), and no new PID or khata shall be issued by the officer concerned without complying with the provisions of the Karnataka Town and Country Planning Act, 1961 (Karnataka Act 11 of 1963): Provided that, if any officer of the Municipality fails to comply with the said provisions of the Karnataka Town and Country Planning Act, 1961 (Karnataka Act 11 of 1963) 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 Municipality 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 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. (iii) The Municipal Commissioner or the Chief Officer shall maintain a record as specified in clause (i), 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.” (iv) Section 107 and the entries relating thereto shall be omitted. (v) In section 143, in sub-section (1), after the word “defaulter” the words “within two months from the date of issuance of warrant” shall be inserted. (vi) In section 154,- (a) in sub-section (1), after the word “rent”, the words “or property tax” shall be inserted. (b) after sub-section (2), the following shall be inserted, namely:- “(3) Any officer or employee of the municipality who fails to collect property tax dues under assessment of property tax or any financial causes to the municipality, shall be fined upto Rs. 50,000 in each case and may also be punished with simple imprisonment for fifteen days”. In the Karnataka Municipalities Act, 1964 (Karnataka Act 22 of 1964),- (1) in section 170, in sub-section (9), for the words “with fine which may extend to one thousand rupees” the words “with penalty which may extend to ten thousand rupees” shall be substituted. (2) in section 184, in sub-section (3) for the words, “fine which may extend to twenty five rupees, and with a further fine which may extend to ten rupees” the words “penalty which may extend to two hundred and fifty rupees, and with a further penalty which may extend to one hundred rupees” shall be substituted. (3) in section 203, in sub-section (1) for the words, “with fine which may extend to twenty five rupees” the words “with penalty which may extend to two hundred and fifty rupees” shall be substituted. (4) in section 208, in sub-section (2), for the words, “fine which may extend to twenty-five rupees, and if any such owner or occupier fails to remove any such projection as aforesaid in respect of which he has been convicted under this section, he shall be punished with further fine which may extend to five rupees” the words “penalty which may extend to two hundred and fifty rupees, and if any such owner or occupier fails to remove any such projection as aforesaid in respect of which he has been convicted under this section, he shall be imposed with further penalty which may extend to one hundred rupees” shall be substituted. (5) in section 211, in sub section (3), for the words, “with fine which may extend to twenty rupees”, the words “with penalty which may extend to two hundred rupees”, shall be substituted. (6) in section 215,- (a) in sub-section (1) for the words, “with fine which may extend to one hundred rupees”, the words “with penalty which may extend to one thousand rupees”, shall be substituted; (b) in sub-section (2) for the words, “with fine which may extend to fifty rupees”, the words “with penalty which may extend to five hundred rupees”, shall be substituted. (7) in section 217, in sub-section (2), for the words, “with fine which may extend to fifty rupees, and with further fine which may extend to ten rupees” the words “with penalty which may extend to five hundred rupees, and with further penalty which may be extended to one hundred rupees”, shall be substituted. (8) in section 219, in sub-section (2), for the words, “With fine which may extend to twenty-five rupees, and with further fine which may extend to ten rupees”, the words, “With penalty which may extend to two hundred and fifty rupees, and with further penalty which may be extended to one hundred rupees”, shall be substituted. (9) in section 225, for the words, “with fine which may extend to twenty-five rupees” the words “with penalty which may be extended to two hundred and fifty rupees” shall be substituted. (10) in section 226, for the words, “with fine which may extend to twenty-five rupees and with further fine which may extend to five rupees” the words “with penalty which may extend to two hundred and fifty rupees and with further penalty which may be extended to one hundred rupees” shall be substituted. (11) in section 228, in sub-section (1), for the words, “with fine which may extend to twenty-five rupees, and with further fine which may extend to five rupees” the words “with penalty which may be extended to two hundred and fifty rupees, and with further penalty which may be extended to one hundred rupees” shall be substituted. (12) in section 241, in sub-section (2), for the words, “with fine which may extend to fifty rupees and upon any subsequent conviction with fine which may extend to five hundred rupees” the words “with penalty which may extend to five hundred rupees and upon any subsequent conviction with penalty which may be extended to five thousand rupees” shall be substituted. (13) in section 243,- (a) in sub-section (2) for the words, “with fine which may extend to twenty-five rupees.” the words “with penalty which may be extended to two hundred and fifty rupees.” shall be substituted; and (b) in sub-section (3) for the words, “with fine which may extend to five rupees” the words “with penalty which may be extended to five hundred rupees” shall be substituted. (14) in section 256, in sub-section (6), for the words, “with fine which may extend to two hundred rupees, and with further fine which may extend to forty rupees” the words “with penalty which may extend to two thousand rupees, and with further penalty which may be extended to four hundred rupees” shall be substituted. (15) in section 260, in sub-section (3), for the words, “fifty rupees” the words “five hundred rupees” shall be substituted. (16) in section 266, for the words, “fifty rupees” the words “five hundred rupees” shall be substituted.