Chapter III A

This Chapter shall extend to the whole of the State of Karnataka.

(1) (a) After the coming into force of this chapter, no construction or reconstruction of a building shall be begun by any person unless and until permission for the execution of the work relating to such construction or reconstruction is granted to such person by the licensing authority. (b) No person shall collect any rent or other charges, by whatever name called, from the occupant of any building constructed or reconstructed in contravention of clause (a). (2) Any person who contravenes the provisions of sub-section (1) or who abets such contravention shall, on conviction, be punishable with imprisonment for a term which may extend to three years and with fine which may extend to five thousand rupees. Provided that,- (i) in the case of a first offence the term of imprisonment shall not be less than six months and the amount of fine shall not be less than five hundred rupees; and (ii) in the case of a second or subsequent offence the term of imprisonment shall not be less than one year and the amount of fine shall not be less than one thousand rupees.

(1) If the Board is satisfied that the construction or reconstruction of any building has been commenced or is being carried on or has been completed without obtaining the permission of the licensing authority, under the relevant law, the Board may make a provisional order requiring the owner or the builder or the occupier of the building to demolish the work done and may also direct that the owner or the builder shall refrain from proceeding with the work of construction or reconstruction of the building. (2) The Board shall serve a copy of the provisional order made under sub-section (1) on the owner or builder or the occupier of the building together with a notice requiring him to show cause within a reasonable time to be specified in such notice why the order should not be confirmed. (3) If the owner or the builder or the occupier fails to show cause to the satisfaction of the Board, it may confirm the order, with such modifications as it may think fit, and such order shall then be binding on the owner, the builder and the occupier and the Board may take any measure or do anything which may, in its opinion be necessary, for giving due effect to the order and expenses incurred for the purpose shall be recovered from the owner, the builder and the occupier, as arrears of land revenue. The Board may seize the materials and tools used for the construction or reconstruction of the building and may sell them and apply the sale proceeds towards the expenses incurred. (4) If the work of construction or reconstruction of any building is commenced in contravention of the provisions of sub-section (1) of section 5B and the Board is of the opinion that immediate action should be taken, then, notwithstanding anything contained in this Chapter 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 to which the notice relates and published by proclamation at or near such building and 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. (5) The Government may call for and examine the records of any proceedings of the Board under this section and after such enquiry as it thinks fit, if the Government is satisfied that the order of the Board is contrary to law, pass such orders thereon as the Government deems fit: Provided that no order shall be made to the prejudice of any party unless he has had an opportunity of being heard.

Nothing in this Chapter shall be deemed to affect the operation of the Karnataka Municipal Corporations Act, 1976 or the Karnataka Municipalities Act, 1964 or any other law or the rules made thereunder and the provisions of this Chapter shall be in addition to and not in derogation of the provisions of said Acts, laws and the rules.

(1) Where the prescribed authority is satisfied that at a reasonable expense,- (a) any slum area or any part thereof is capable of being improved so as not to be a source of danger to the health, safety or convenience of the public of that area; or (b) any building being unfit for human habitation in a slum area can be rendered fit for human habitation, it may serve upon the owner of the slum area or part thereof or of the building, as the case may be, a notice requiring him within such time not being less than sixty days, as may be specified in the notice, to execute the works of improvement specified therein: Provided that where the owner of the building is different from the owner of the land on which the building stands and the works of improvement required to be executed relate to provision of water-taps, bathing places, construction of drains, open or covered, as the case may be, provision of water-borne latrines or removal of rubbish and such works are to be executed outside the building, the notice shall be served upon the owner of the land. (2) In addition to serving a notice under sub-section (1) on the owner concerned, the prescribed authority may serve a copy of the notice on any other person having an interest in the area or building. (3) In determining for the purposes of this Act whether at a reasonable expense the slum area or part thereof can be improved or the building rendered fit for human habitation, regard shall be had to the estimated cost of the works of improvement of the slum area or part thereof or of the works necessary to render the building fit for human habitation and the estimated value that the slum area or part thereof or the building will have when such works are completed.