Establishment of Bruhat Bengaluru Mahanagara Palike

(1) As soon as may be, after the commencement of this Act, there shall be established for the purposes of this Act, a Corporation to be called Bruhat Bengaluru Mahanagara Palike. (2) The Governor having regard to,- (a) population of any area within the reasonable proximity of Bengaluru; (b) the density of population of such area; (c) the revenue generated by existing local administration of such area; (d) the percentage of employment in non-agricultural activities in such area; (e) the economic importance of such area; (f) special development plan, trade, transport; and (g) such other factors as may be prescribed or required to be considered from time to time include such areas to be within or exclude such areas from the jurisdiction of the Bruhat Bengaluru Mahanagara Palike by notification in the Official Gazette. (3) 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 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). (4) 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 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. (5) When a local area is included in the 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 larger urban area shall apply to the said area from the date of inclusion of such area within the larger urban area. (6) The Corporation shall be a body corporate with the name aforesaid having perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire, hold and dispose of property and may by the said name sue and be sued. (1) The Bruhat Bengaluru Mahanagara Palike (Amendment) Ordinance, 2022 (Karnataka Ordinance 05 of 2022) is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken under the Principal Act, as amended by the said Ordinance, shall be deemed to have been done or taken under the Principal Act, as amended by this Act. 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 tax, cess, fee etc. on building, vacant plot etc., tax, cess, fee etc. made or purporting to have been made 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 tax, cess, fee etc. purported to have been collected by way of tax, cess, fee etc. in relation to such levy assessment or collection under the provisions of the Principal Acts or any rules, notification, order, guidelines or letters before the commencement of the Bruhat Bengaluru Mahanagara Palike and Certain Other Law (Amendment) Act, 2023 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 Principal Acts as amended by the Bruhat Bengaluru Mahanagara Palike and Certain Other Law (Amendment) Act, 2023 and accordingly,- (a) all acts, proceedings or things done or any action taken by the Government or the officers of the Corporation, 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; (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 (c) no Court shall enforce any decree or order directing the refund of any such fee.