section II
Schedule II
The Bruhat Bengaluru Mahanagara Palike Act, 2020(See section 302) GRADE- I GRADE-II GRADE- III HERITAGE PRECINCTS Definition Heritage Grade-I comprises buildings and precincts of national or historic importance, embodying excellence in architectural style, design, technology and material usage and/or aesthetics; they may be associated with a historic event, personality, movement or institution. They have been and are the prime landmarks of the region. All natural sites shall fall within Grade-I. Heritage Grade- II comprises of buildings and precincts of regional or local importance possessing special architectural or aesthetic merit, or cultural or historical significance though of a lower scale than Heritage Grade- I. They are local landmarks, which contribute to the image and identity of the region. They may be the work of master crafts folks or may be models of proportion and ornamentation or designed to suit a particular climate. Heritage Grade- III comprises buildings and precincts of importance for townscape; that evoke architectural aesthetic, or sociological interest though not as much as in Heritage Grade-II. These contribute to determine the character of the locality and can be representative of lifestyle of a particular community or region and may also be distinguished by setting, or special Character of the façade and uniformity of height, width and scale. A heritage precinct is an area of heritage value. It may consist of a number of buildings and spaces, such as streets, with cultural or heritage significance worth recognition and conservation, or it may be an area where the relationship between various elements, creates a special sense of place like mass, scale, building material, typology, roof profile and shapes or containing architectural style or elements. Precincts are of different importance and are made up of different types of elements such as houses, trees, commercial properties and public spaces combining to create a unique significance. Objective Deserves careful preservation Deserves intelligent conservation Deserves intelligent conservation (though on a lesser scale than Grade-II and special protection to unique features and attributes) Precincts deserve appropriate repair and maintenance and very sensitive development i.e. regarding the mass, scale and setting. It also requires conservation of its heritage and cultural significance Scope for Change No interventions shall be permitted either on exterior or interior of the heritage building or natural features unless it is necessary in the interest of strengthening and prolonging the life of the buildings/or precincts or any part or features thereof. For this purpose, absolutely essential and minimum changes shall Grade-II(A): Internal changes and adaptive re-use may be allowed, subject to strict scrutiny. Care should be taken to ensure the conservation of all special aspects for which it is included in Heritage Grade- II. Grade-II(B): In addition to the above, extension or additional building on the same plot or compound may in certain circumstances, Internal changes and adaptive re-use may by and large be allowed. Changes may include extensions and additional buildings on the same plot or compound. However, any changes should be such that they are in harmony and should be such that they do not detract from the existing heritage building/ precinct especially in terms of height and façade and Sensitive additions, alterations, extensions and interior renovations shall be permissible but these should not alter the character of the building/ precinct. The new interventions may be contemporary but subtle or inspired by the original character and not tasteless imitation. Reconstruction is permissible but only for buildings that be allowed and they must be in conformity with the original be allowed provided that the extension / additional building is in harmony with (and does not detract from) the existing heritage building/(s) or precincts especially in terms of height and façade and provided that the additional building is not larger than the original building in terms of mass and scale. provided that the extension/ additional building is not larger than the original building in mass and scale are totally structurally unsafe as certified by a Structural Engineer and corroborated by the Heritage Conservation Committee. The reconstruction should not follow the prevailing byelaws but should be in such a manner which ensures that the building/ precinct character is not diminished, yet allows for growth and good urban design. Urban Design Guidelines should be prepared separately for each of the listed heritage precincts as extension of the bye laws. All constructions within heritage precincts should be governed by the said guidelines The above translation of ಬೃಹತ್ ಬಂಗಳೂರು ಮಹಾನಗರ ಪಾಲಿಕೆ ಅಧಿನಿಯಮ, 2020 (2020ರ ಕನಾಟಕ ಅಧಿನಿಯಮ ಸಂಖ್ಯೆ 53) shall be authoritative text in the English language under clause (3) of Article 348 of the Constitution of India. VAJUBHAI VALA GOVERNOR OF KARNATAKA By Order and in the name of the Governor of Karnataka, (K. DWARAKANATH BABU) Secretary to Government Department of Parliamentary Affairs and Legislation ಸಂಖ್ಯೆ: ನಅಇ 73 ಬಿಬಿಎಸ್ 2020(ಇ) ಕನಾಟಕ ಸರ್ಕಾರದ ಸಚಿವಾಲಯ, ವಿರ್ಕಸಸೌಧ, ಬಂಗಳೂರು, ದಿನಂಕ: 06.01.2021 ಅಧಿಸೂಚನೆ ಬೃಹತ್ ಬಂಗಳೂರು ಮಹಾನಗರ ಪಾಲಿಕೆ ಅಧಿನಿಯಮ, 2020 (2020ರ ಕನಾಟಕ ಅಧಿನಿಯಮ ಸಂಖ್ಯೆ: 53) ರ 1ನೇ ರ ಕರಣದ (2)ನೇ ಉ-ರ ಕರಣದಡಿ ರದತ್ತ ವಾದ ಅಧಿರ್ಕರವನ್ನು ಚಲಾಯಿಸಿ, ಕನಾಟಕ ಸರ್ಕಾರವು ಈ ಮೂಲಕ ಸದರಿ ಅಧಿನಿಯಮದ ಎಲಾಾ ಉಬಂಧಗಳು ದಿನಂಕ: 11.01.2021 ರಿಂದ ಜಾರಿಗೆ ಬರತ್ಕಕ ದಂದು ಗೊತ್ತತ ಡಿಸಲಾಗಿದ. ಕರ್ನಾಟಕ ರಾಜ್ಯ ಪಾಲರ ಆದೇಶಾನುಸಾರ ಮತ್ತು ಅವರ ಹೆಸರಿನಲ್ಲಿ (ಕೆ.ಎ.ಹಿದಾಯತ್ತು ಲಿ) ಸರ್ಕಾರದ ಜಂಟಿ ರ್ಕಯಾದರ್ಶಾ, ನಗರಾಭಿವೃದಿಿ ಇಲಾಖ್ಯ KARNATAKA ACT NO 01 OF 2022 (First published in the Karnataka Gazette Extra-ordinary on the 13 th day of January, 2022) THE KARNATAKA MUNICIPAL CORPORATIONSAND CERTAIN OTHER LAW(AMENDMENT) ACT, 2021 (Received the assent of the Governor on the 11th day of January, 2022) An Act further to amend the Karnataka Municipal Corporations Act, 1976 and the Bruhat Bengaluru MahanagaraPalike Act, 2020. Whereas it is expedient further to amend the Karnataka Municipal Corporations Act, 1976 (Karnataka Act 14 of 1977) and the Bruhat Bengaluru Mahanagara Palike Act, 2020 (Karnataka Act 53 of 2020), for the purposes hereinafter appearing; Be it enacted by the Karnataka State Legislature in the seventy second year of the Republic of India as follows, namely:- 1. Short title and commencement.- (1) This Act may be called the Karnataka Municipal Corporations and Certain Other Law (Amendment) Act, 2021. (2) It shall be deemed to have come into force with effect from the 16 th day of November, 2021. 2. Amendment of the Karnataka Act 14 of 1977.- In the Karnataka Municipal Corporations Act, 1976 (Karnataka Act 14 of 1977), after section 299, the following shall be inserted, with effect from 4 th day of September, 2015, namely:- “299A. Levy of imposts, restrictions and conditions in respect of 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. (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 fixed by the Department of Stamps and Registration under the provisions of the Karnataka Stamp Act, 1957, 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) penalty imposed at the time of issuance of occupancy certificate for not obtaining commencement certificate at the commencement of the construction; (h) penalty for regularization up to 5% of violation or deviation in the construction with respect to sanctioned plan or zonal regulation limit; and (i) such other fee as specified by the Government from time to time. 299B. Power of the State Government to exempt or reduce fee levied or charged or assessed in respect of the Bruhat Bengaluru MahanagaraPalike.- (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) The State Government may, by notification cancel or vary any notification issued under sub-section (1). (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) 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) 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 Corporations and Certain Other Law (Amendment) Act, 2021. 299C. 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:- (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; (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.” 3. Amendment of the Karnataka Act 53 of 2020.- In the Bruhat Bengaluru MahanagaraPalike Act, 2020 (Karnataka Act 53 of 2020), after section 240, the following new sections shall be inserted, with effect from 11 th day of January 2021, namely:- “240A. Levy of imposts, restriction and condition.-(1)The Chief Commissioner may grant such permission to execute the work together with a site plan of the land, ground plan, elevations and sections of the building subject to such restrictions and conditions, as may be specified in the bye-laws or he may refuse to grant such licence, subject to the conditions specified in section 244. (4) The Chief Commissioner while fixing the rates for levy of fee or penalty shall consider all the costs related to the issue and execution of the approval as he may deem fit. (5) The Chief Commissioner may for approving or sanctioning the plan or grant of commencement certificate or completion certificate,- (A)charge and levy the following fee at such rates based on the guidance value fixed by the Department of Stamps and Registration under the provisions of the Karnataka Stamp Act, 1957, namely:- (b) fee for issuance of license; (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 completion certificate; and (g) such other fee as specified by the Government from time to time. (B) charge and levy any other deposit or fee or cess specified under any other law in force. 240B. Power of the State Government to exempt or reduce fee levied or charged or assessed.- (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 either prospectively or retrospectively, 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) The State Government may, by notification cancel or vary any notification issued under sub-section (1). (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 rates specified by or under the Act and the fee paid at the rates specified under the notification on the consideration in respect of which such contravention or non-observance has taken place or a wrong declaration is furnished: Provided that, before taking action under sub-section (1), the person shall be given a reasonable opportunity of being heard. (4) For the 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, 2021 or any rules, notification, order, letter or guidelines shall be deemed to have always been levied and collected as levy of imposts. 240C. Validation of levy and collection of fees.- Notwithstanding anything contained in any judgment, decree or order of any Court, Tribunal or other authority to the contrary, levy, assessment and collection of any amount as fee or penalty for sanctioning Building plan, Commencement Certificate, made or purporting to have been made under section 240A, section 246 and any action initiated 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 Bruhat Bengaluru MahanagaraPalike Act, 2020 (Karnataka Act 53 of 2020) or any rules, notification, order, letter or guidelines, before the commencement of the Karnataka Municipal Corporations and Certain Other Law (Amendment) Act, 2021 shall be and shall be deemed to be valid and effective for all purposes, as if such levy, assessment or collection or action had been made, taken or done under the Bruhat Bengaluru MahanagaraPalike Act, 2020 (Karnataka Act 53 of 2020) as amended by the Karnataka Municipal Corporations and Certain Other Law (Amendment) Act, 2021 and accordingly,- (d) 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; (e) 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 (f) no Court shall enforce any decree or order directing the refund of any such fee.” 4. Repeal and savings.-(1) The Karnataka Municipal Corporations and Certain Other Law (Amendment) Ordinance, 2021 (Karnataka Ordinance 08 of 2021) 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. By Order and in the name of the Governor of Karnataka, G. SRIDHAR Secretary to Government Department of Parliamentary Affairs and Legislation KARNATAKA ACT NO. 29 OF 2022 (First published in the Karnataka Gazette Extra-ordinary on the 11 th day of October, 2022) THE BRUHAT BENGALURU MAHANAGARA PALIKE (AMENDMENT) ACT, (Received the assent of the Governor on the 11 th day of October, 2022) An Act further to amend the Bruhat Bengaluru Mahanagara Palike Act, 2020. Whereas it is expedient to amend the Bruhat Bengaluru Mahanagara Palike Act, 2020 (Karnataka Act 53 of 2020) for the purposes hereinafter appearing; Be it enacted by the Karnataka State Legislature in the seventy third year of the Republic of India as follows:- 1. Short title and commencement.- (1) This Act may be called the Bruhat Bengaluru Mahanagara Palike (Amendment) Act, 2022. (2) It shall be deemed to have come into force with effect from the 10 th day of June, 2022. 2. Amendment of section 7.- In the Bruhat Bengaluru Mahanagara Palike Act, 2020 (Karnataka Act 53 of 2020) (hereinafter referred to as the Principal Act) in section 7, in sub section (3),- (i) after clause (c), the following shall be inserted, namely:- “(d) 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 the Corporation shall be reserved for persons belonging to the Backward Classes.”; and (ii) in the proviso, for the words, figure and brackets “under sub-section (2) and the Backward Classes under this sub-section shall not exceed one third of the total number of seats in the Corporation”, the words “and the Backward Classes under this sub-section shall not exceed fifty percent of the total number of seats in the Corporation” shall be substituted. 3. Amendment of section 8.- In the Principal Act, in section 8, in sub- section (3), in the first proviso, for the words, figure and brackets “under sub- section (3) and the Backward Classes under this sub-section shall not exceed one third of the total number of seats in the Corporation”, the words, figures and brackets “and the Backward Classes under sub-sections (2) and (3) shall not exceed fifty percent of the total number of seats in the Corporation” shall be substituted. 4. Repeal and savings.- (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. The above translation of the Bruhat Bengaluru Mahanagara Palike (Amendment) Act, 2022 (Karnataka Act 29 of 2022) shall be authoritative text in English language under clause (1) of Article 348 of the Constitution of India. THAAWARCHAND GEHLOT GOVERNOR OF KARNATAKA By Order and in the name of the Governor of Karnataka, G. SRIDHAR Secretary to Government Department of Parliamentary Affairs and Legislation KARNATAKA ACT NO. 12 OF 2023 (First published in the Karnataka Gazette Extra-ordinary on the 10 th day of March, 2023) THE BRUHAT BENGALURU MAHANAGARA PALIKE (AMENDMENT) ACT, (Received the assent of the Governor on the th day of March , 2023) An Act further to amend the Bruhat Bengaluru Mahanagara Palike Act, 2020. Whereas it is expedient to amend the Bruhat Bengaluru Mahanagara Palike Act, 2020 (Karnataka Act 53 of 2020) for the purposes hereinafter appearing; Be it enacted by the Karnataka State Legislature in the seventy fourth year of the Republic of India as follows:- 1. Short title and commencement.- (1) This Act may be called the Bruhat Bengaluru Mahanagara Palike (Amendment) Act, 2023. (2) It shall come into force at once. 2. Amendment of section 144.- In the Bruhat Bengaluru Mahanagara Palike Act, 2020 (Karnataka Act 53 of 2020) (hereinafter referred to as the Principal Act), in section 144, in sub-section (6) the words, “double the tax payable which shall be” shall be omitted. 3. Amendment of section 152.- In the Principal Act, in section 152, in sub- section (1), in clause (i), for sub-clause (b), the following shall be substituted, namely:- “(b) the educational institutions established for the purpose of education, recognized by the Government or Local Authority.” The above translation of the Bruhat Bengaluru Mahanagara Palike (Amendment) Act, 2023 (Karnataka Act 12 of 2023) shall be authoritative text in English language under clause (1) of Article 348 of the Constitution of India. THAAWARCHAND GEHLOT GOVERNOR OF KARNATAKA By Order and in the name of the Governor of Karnataka, G. SRIDHAR Secretary to Government Department of Parliamentary Affairs and Legislation KARNATAKA ACT NO. 17 OF 2024 (First published in the Karnataka Gazette Extra-ordinary on the 7 th day of March, 2024) THE BRUHAT BENGALURU MAHANAGARA PALIKE (AMENDMENT) ACT, (Received the assent of the Governor on the 6 th day of March , 2024) An Act further to amend the Bruhat Bengaluru Mahanagara Palike Act, 2020. Whereas it is expedient to amend the Bruhat Bengaluru Mahanagara Palike Act, 2020 (Karnataka Act 53 of 2020) for the purposes hereinafter appearing; Be it enacted by the Karnataka State Legislature in the seventy fifth year of the Republic of India as follows:- 1. Short title and commencement.- (1) This Act may be called the Bruhat Bengaluru Mahanagara Palike (Amendment) Act, 2024. (2) It shall come into force at once. 2. Amendment of section 81.- In the Bruhat Bengaluru Mahanagara Palike Act, 2020 (Karnataka Act 53 of 2020) (hereinafter referred to as the Principal Act) in section 81, in sub-section (1), clause (d) shall be omitted. 3. Amendment of section 102.- In the Principal Act, in section 102, in sub-section (1), the words “and appeals” shall be omitted. 4. Amendment of section 142.- In the Principal Act, in section 142, sub-sections (2) and (3) shall be omitted. 5. Amendment of section 143.- In the Principal Act, in section 143,- (i) in sub-section (1), after clause (c), the following shall be inserted namely:- “(d) Collect such other cesses, along with the property tax, as may be prescribed by the Government to be collected under any other law in force and whose proceeds are required to come to the Corporation or otherwise.” (ii) for sub-section (2), the following shall be substituted, namely:- “(2) All monies collected in the form of cess or otherwise shall be credited to a separate head of account and shall be known as the respective cess fund or by the name of the tax or the levy under which it is collected.” (iii) in sub-section (3), for the word “accessed”, the word “assessed” shall be substituted. (iv) in sub-section (4), for the words “before the tribunal”, the words “to the prescribed authority” shall be substituted. 6. Amendment of section 144.- In the Principal Act, in section 144,- (i) in sub-section (1), for the words “taxable annual value”, the words “taxable capital value” shall be substituted. (ii) for sub-section (5), the following shall be substituted namely:- “(5) The property tax shall be levied by the Bruhat Bengaluru Mahanagara Palike by a resolution passed at such percentage not more than ten percent of the taxable capital value of a building, vacant land or both. The taxable capital 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 the depreciation of three percent per year depending on the age of a building. The property tax assessed and levied under this section, once notified by the Government, shall stand revised as and when the property, building or land value is revised by a notification under section 45B of the Karnataka Stamp Act, 1957 (Karnataka Act 34 of 1957) by the Government. Explanation: For the purpose of this section, “Unit Area Value” means the guidance value of the property or the land published under section 45B of the Karnataka Stamp Act, 1957 (Karnataka Act 34 of 1957) and with respect to the building standing on a plot it shall mean the value of building as may be assessed based on the per square foot construction cost minus the depreciation at the time of assessment: 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, subject to such condition and in such circumstances as may be notified, the Chief Commissioner, Bruhat Bengaluru 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,- (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 Chief Commissioner, Bruhat Bengaluru Mahanagara Palike; (b) an area used as parking area in a non-residential building and being charged for its use by the owner or the occupier: and (c) any other class of building or structure as he deems fit. Provided also that, the depreciation shall be capped at a maximum of sixty percent. Provided also that, the vacant land shall be assessed at a rate not less than 0.025 percent (rupees twenty five per lakh) and not more than five percent of the taxable capital value of the land. Provided also that, after the taxable capital value based property tax system is brought into force and there is no revision of the values of the properties or land under section 45B of the Karnataka Stamp Act, 1957 (Karnataka Act 34 of 1957) in a year, the property tax shall stand enhanced by five percent every such year. Provided also that, as and when the Government notifies value of land and building under section 45B of Karnataka Stamp Act, 1957 (Karnataka Act 34 of 1957) the revised property tax rates based on the new revised value of properties or land shall be calculated and compared with the prevailing property tax rates and the higher of the two shall be adopted.” (iii) in sub-section (8), the third proviso shall be omitted. (iv) in sub-section (11), the words “unit area value and” shall be omitted. (v) in sub-section (12), the word, “random” shall be omitted. (vi) in sub-section (13), the word, “random” shall be omitted. (vii) in sub-section (15),- (a) the word, “random” shall be omitted; and (b) for clause (b), the following shall be substituted, namely:- “(b) if any property or land is liable to pay property tax but remains un-assessed and outside the taxable property records list or upon reassessment, the property tax is found more than five percent than the tax remitted, the evaded tax shall be payable together with penalty equal to the tax so evaded along with interest for the difference in tax paid and payable calculated at nine percent per annum. Illustration: If payable tax is rupees 150 for the year 2021 but actual property tax paid is rupees 100 then evaded tax amount is rupees 50. If the payment is happening on 23 rd December 2023, then the following shall be payable – (i) Evaded Property Tax Amount = Rs 50/- (ii) Penalty for evasion = Rs 50/- (iii) 9% interest on the evaded property tax of Rs 50/- shall be calculated as follows – (c) 9% interest on Rs 25/- which is 50% of Rs 50/-, from 31 st May 2021 until date of payment; and (d) 9% interest on the rest Rs 25/- which is 50% of Rs 50/-, from 30 th November 2021 until date of payment. This provision shall also apply with respect to the unpaid demand where demands are already issued but for which the concerned person has not paid the demanded dues: Provided that the payments already made as per previous provision shall not be refunded nor adjusted against future liabilities. Provided further that the penalty payable by residential properties which have tiled or sheet roof (non-RCC) and is not more than 1000 Sq Ft, have only the ground floor and is self-occupied, shall be 25% of the evaded tax. Provided also that no penalty shall be payable by residential properties which are hutments, Government housing for poor, houses declared as slum by the Karnataka Slum Development Board or by Bruhat Bengaluru Mahanagara Palike, where such houses are self-occupied and have an area less than 300 square feet. Provided also that in case of properties which are in the Property tax registers but fail to pay the property tax, by end of the financial year in which the tax becomes due, shall, for the twelve months after the end of the financial year in which the tax became due, pay an interest at a rate of 15% per annum on the unpaid tax, calculated until the date when the tax is paid. Provided also that after end of said twelve months that is from second year after the end of the financial year in which the tax became due, any tax still unpaid shall pay a penalty equal to the unpaid tax plus the unpaid tax with interest on the unpaid tax at a rate of 9% per annum. Provided also that in case of existing defaulters the said twelve month period shall be deemed to start from 1.4.2024 and any tax out of the said dues still unpaid as on 1.4.2025, shall pay a penalty equal to the unpaid tax plus the unpaid tax with interest on the unpaid tax at a rate of nine percent per annum thereafter. Provided also that as a one-time measure, in order to bring all the tax defaulters, un-assessed properties and those liable for reassessment up-to- date with respect to their tax payments, the interest otherwise liable to be paid under this section for unpaid or reassessed tax, shall be exempted for the payments made until 31 st July 2024. Provided that this provision shall be applicable prospectively. (viii) for sub-section (16), the following shall be substituted namely:- “(16) The assessment of un-assessed properties or the reassessment of the properties already paying the property tax under this section may be made at any time when evasion is noticed or justified circumstances arise for the same: Provided that in case of residential properties and the properties with a single ID in the Property Tax registers of the Bruhat Bengaluru Mahanagar Palike which have mixed use as residential and non-residential, the arrears of the property tax for the under-assessed or un-assessed properties, the applicable penalties and the interest payable, shall be limited to five years even if the un-assessment or the under-assessment of property tax exceeds five years” (ix) in sub-section (18), words “unit area value” shall be omitted. 7. Amendment of section 148.- In the Principal Act, section 148 shall be omitted. 8. Amendment of section 149.- In the Principal Act, in section 149,- (i) in sub-section (1), the following proviso shall be inserted at the end, namely:- “Provided that, in case of transactions registered under the Registration Act, 1908 (Central Act 16 of 1908) where such information is received from the concerned Sub Registrar, it shall not be mandatory to notify such a transfer by the person primarily liable for payment of property tax.” (ii) for sub-section (3), the following shall be substituted, namely:- “(3) Whenever such transfer comes to the knowledge of the Chief Commissioner or authorised officer through such notice or otherwise, the name of the transferee shall be entered in the property tax register. (iii) sub-section (5) and entries relating thereto shall be omitted. (iv) in sub-section (6), for the words, “without consulting the Board or local authority concerned”, the words “without confirmation of order of transfer of such a building or land by the said Board or local authority concerned” shall be substituted. 9. Amendment of section 150.- In the Principal Act, in section 150,- (i) for the words “three years”, the words “five years” shall be substituted. (ii) the following proviso shall be inserted at the end, namely:- “Provided that no such limitation shall apply in case such a wrongful or incorrect entry is made with respect to a Government land or a land belonging to any local body, any statutory body or an organization owned or controlled by the Government.” 10. Amendment of section 156.- In the Principal Act, in section 156,- (i) in sub-section (1), for the word and figures “section 148”, the numbers and word “section 144” shall be substituted. (ii) in sub-section (3), the following provisos shall be inserted at the end, namely:- “Provided that any person seeking to file an appeal shall deposit fifty percent of the demanded amount with the Corporation. Provided further that in case of appeal being successful resulting in refund either in part or in full of the already deposited amount, the same shall be immediately refunded by the Corporation or adjusted against any other pending or future property taxes or penalties or cesses or interest or other levies.” (iii) the following shall be inserted after sub-section (3) and the provisos so inserted above, namely:- “(4) If the person to whom a notice of demand has been served under sub-section (1) does not pay the tax within thirty days from the service of such demand, in the absence of any stay issued by the Appellate Authority on the demand notice, the Chief Commissioner may recover by distraint under his warrant and sale of such movable property of the defaulter or if the defaulter is the occupier of the building by distress and sale of any movable property which may be found in or on such building or land, the amount due on account of tax together with the warrant fee and distraint fee and with such further sums as will satisfy the probable charges, that may be incurred in connection with the detention and of the sale of property so distrained. (5) If, for any reason the distraint, or a sufficient distraint of the defaulter's property cannot be effected, the Chief Commissioner may attach the bank account or the immovable property of the defaulter in such manner as may be prescribed, till the recovery of the property tax due: Provided that in case of non-payment of the demanded dues even after sixty days from the date of attachment of the immovable properties, the same may be recovered by the distress sale of the immovable properties so attached. In doing so the demand dues together with the warrant fee and with such further sums as will satisfy the probable charges that may be incurred in connection with distress sale of the immovable property so attached. Provided further that the Chief Commissioner may prosecute the defaulter before a competent court.” 11. Amendment of section 157.- In the Principal Act, in section 157,- (i) for the second proviso, the following shall be substituted, namely:- “Provided further that no fee shall be levied under this section on any advertisement or a notice,- (a) of a public meeting, or corporation of the city, or (b) of an election to any legislative body, or (c) of a candidature in respect of such an election: in case the said advertisement or notice is within the maximum permissible size prescribed therefor. In case the advertisement or the notice exceeds the prescribed size, then such advertisement or notice shall be liable for payment of prescribed advertisement fee.” (ii) in the third proviso, for clause (e), the following shall be substituted namely:- “(e) is exhibited with in any train;” (iii) after Explanation-3, the following proviso shall be inserted, namely:- “Provided that in case of advertisement that is liable to pay advertisement fee and/or penalty, whether authorized or unauthorized, but delays to pay the fee, he shall be liable to pay, in addition to the fee, and/or penalty, an interest thereon at a rate of eighteen percent per annum calculated from the date of advertisement fee or penalty becoming due until the date of payment thereof. Provided further that any unauthorized advertisement shall be liable to pay a penalty as may be specified in the bye-laws.” 12. Amendment of section 161.- In the Principal Act, in section 161, the following shall be inserted at the end, namely:- “Any dues as per prescribed advertisement fees may be assessed, demand and show cause notices thereon issued and recoveries made, mutatis mutandis, as per manner provided for issuance of show cause notice, demand notice and the recovery of demand for the property tax under this Act: Provided that for unauthorized advertisements the cost of removal thereof, in addition to other provisions, the same may be recovered by the seizure and sale of the unauthorized advertisement materials.” 13. Amendment of section 162.- In the Principal Act, for section 162, the following shall be substituted, namely:- “162. Collection of fees on advertisement.- The collection of any fee on advertisement leviable under section 158 for any period may be assigned to a suitable agency for a period not exceeding one year at a time on such terms and conditions as may be specified for in the bye-laws and in due compliance of the provisions of the Karnataka Transparency of Public Procurement Act, 1999 (Karnataka Act 29 of 2000) and the rules made thereunder.” 14. Amendment of section 171.- In the Principal Act, for section 171, the following shall be substituted, namely:- “171. Appeal.- Any person aggrieved by the order of re-assessment by the Chief Commissioner may appeal to an authority and the procedure including the time limit shall be so prescribed: Provided that the appeal shall not be admitted unless the appellant deposits at least fifty percent of the re-assessed or assessed fee to the Corporation. Provided further that in case of appeal being successful resulting in refund either in part or in full of the already deposited amount, the same shall be immediately refunded by the Corporation or adjusted against any other pending or future fees or taxes or penalties or cesses or interest or other levies.” 15. Amendment of section 172.- In the Principal Act, in section 172, for sub-sections (2) and (3), the following shall be substituted, namely:- “(2) Any person against whom a demand for payment of tax has been issued, may challenge such demand before the prescribed authority in accordance with such rules as may be prescribed. (3) If the person fails to pay tax within the time period provided for under sub-section (1) and sub-section (2), the prescribed authority may order the recovery of the tax by the Corporation as an arrears of land revenue in a manner and procedure prescribed for recovery of property tax including distraint of moveable properties, attachment of bank accounts and immovable properties and distress sale of the immovable properties under this Act.” 16. Amendment of section 178.- In the Principal Act, in section 178, the words “within six years from the date on which such person should have been assessed” shall be omitted. 17. Amendment of section 179.- In the Principal Act, the section 179 shall be omitted. 18. Insertion of new section 249A.- In the Principal Act, after section 249, the following shall be inserted, namely:- 249A. Exercise of powers by a corporation to be in conformity with the provisions of the Karnataka Town and Country Planning Act, 1961.- Notwithstanding anything contained in this Act, a corporation or any officer or other authority required by or under this Act to exercise any power, or perform any function or discharge any duty,- (i) with regard to any matter relating to land use or development as defined in the Explanation to section 14 of the Karnataka Town and Country Planning Act, 1961, shall exercise such power, or perform such function or discharge such duty with regard to such land use or development plan or where there is no development plan, with the concurrence of the Planning Authority; (ii) shall not grant any permission, approval or sanction required by or under this Act to any person if it relates to any matter in respect of which compliance with the provisions of the Karnataka Town and Country Planning Act, 1961 is necessary unless evidence in support of having complied with the provisions of the said Act is produced by such person to the satisfaction of the corporation or the officer or other authority, as the case may be. The above translation of the Bruhat Bengaluru Mahanagara Palike (Amendment) Act, 2024 (Karnataka Act 17 of 2024) be published in the official Gazette under clause (3) of Article 348 of the Constitution of India. THAAWARCHAND GEHLOT GOVERNOR OF KARNATAKA By Order and in the name of the Governor of Karnataka, G. Sridhar Secretary to Government Department of Parliamentary Affairs and Legislation KARNATAKA ACT NO.37 OF 2024 (First Published in the Karnataka Gazette Extra-ordinary on the 16 th day of August 2024) THE BRUHAT BENGALURU MAHANAGARA PALIKE AND CERTAIN OTHER LAW (AMENDMENT) ACT, 2023 (Received the assent of the Governor on the 15 th day of August 2024) An Act further to amend the Bruhat Bengaluru Mahanagara Palike Act, 2020 and the Karnataka Municipal Corporations Act, 1976. Whereas it is expedient further to amend the Bruhat Bengaluru Mahanagara Palike Act, 2020 (Karnataka Act 53 of 2020) and the Karnataka Municipal Corporations Act, 1976 (Karnataka Act 14 of 1977) for the purposes hereinafter appearing; Be it enacted by the Karnataka State Legislature in the seventy fourth year of the Republic of India as follows:- 1. Short title and commencement.- (1) This Act may be called the Bruhat Bengaluru Mahanagara Palike and Certain Other Law (Amendment) Act, 2023. (2) The provisions of sections 2 and 3 shall deemed to have come into force with effect from 11.01.2021 and 04.09.2015 respectively. 2. Amendment of the Karnataka Act 53 of 2020.- In the Bruhat Bengaluru Mahanagara Palike Act, 2020 (Karnataka Act 53 of 2020),- (i) In section 2,- (a) after clause (26), the following shall be inserted, namely:- “(26A) “Ground rent” means to include fee for usage of public roads and other infrastructure facilities provided and maintained by the Bruhat Bengaluru Mahanagara Palike and debris generated, during the period of construction, but this shall not give the right to occupy public road and footpath; (26B) “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);” (b) after clause (49), the following shall be inserted, namely:- “(49A) "Scrutiny fee” means fee collected to meet the establishment charges for processing the application for permitting building construction;” (ii) In Chapter XIII, in the heading, after the word “Taxes”, the words and punctuations “Fee, Levy, Charge and Demand” shall be inserted. (iii) In section 142,- (A) in the heading, after the word “Taxes”, the words and punctuations “Fee, Levy, Charge and Demand or by whatever name it may be called,” shall be inserted. (B) in sub-section (1),- (a) for the words “taxes at rates”, the words and punctuations “taxes, fee, levy, charge, demand or by whatever name it may be called, at such rates” shall be substituted. (b) after clause (d), the following shall be inserted, namely:- “(d-i) any fee or levy or demand or charge for permitting building constructions.” (iv) In section 240A, in sub-section (3), in clause (A), for sub-clauses (a), (b), (c), (d), (e) and (f), the following shall be substituted, namely:- “(a) fee for issuance of license at such rate not exceeding 0.30 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; (b) fee for maintenance of public roads or storing of construction material in public places during 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 the proposed built up area; (c) security deposit as specified in the zoning regulation for ensuring that the construction is in accordance with the plan sanctioned; (d) 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; (e) fee for completion 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; (f) 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; (g) scrutiny fee 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 the proposed built up area; (h) penalty imposed at the time of issuance of completion 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; (i) penalty for regularisation of violated or deviated portion of construction up to the extent allowed under the Act at such rate not exceeding 35 percent of the guidance value of site under section 45B of the Karnataka Stamp Act, 1957 (Karnataka Act 34 of 1957) for the violated portion; and (j) such other fee as nay be specified by the Government from time to time.” 3. Amendment of the Karnataka Act 14 of 1977.- In the Karnataka Municipal Corporations Act, 1976 (Karnataka Act 14 of 1977),- (i) In section 2,- (a) after clause (13), the following shall be inserted, namely:- “(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);” (b) after clause (37), the following shall be inserted, namely:- “(37A) "Scrutiny fee” means fee collected to meet the establishment charges for processing the application for permitting building construction;” (ii) In Chapter XV, in the heading, after the word “powers”, the words “including Town Planning” shall be inserted. (iii) In section 299A, in sub-section (2),- (a) after the words “the guidance value”, the words “of vacant plot” shall be inserted. (b) for sub-clauses (a), (b), (c), (d), (e), (f), (g), (h) and (i), the following shall be substituted, namely:- “(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 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.” 4. Validation of Levy and collection of tax, cess, fee etc.- 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.” The above translation of ಬೃಹತ್ಬಂಗಳೂರುಮಹಾನಗರಪಾಲಿಕೆ ಮತ್ತತ ಕೆಲವು ಇತ್ರ ರ್ಕನೂನ್ನ (ತಿದುು ಡಿ) ಅಧಿನಿಯಮ, 2023 (2024ರ ಕನಾಟಕ ಅಧಿನಿಯಮ ಸಂಖ್ಯೆ: 37) be published in the official Gazette under Article 348 of the constitution of India. THAAWARCHAND GEHLOT GOVERNOR OF KARANATAKA By Order and in the name of the Governor of Karnataka, G. SRIDHAR Secretary to Government Department of Parliamentary Affairs and Legislation KARNATAKA ACT NO. 07 OF 2025 (First published in the Karnataka Gazette Extra-ordinary on the 10 th day of January, 2025) THE BRUHAT BENGALURU MAHANAGARA PALIKE (SECOND AMENDMENT) ACT, 2024 (Received the assent of the Governor on the 9 th day of January , 2025) An Act further to amend the Bruhat Bengaluru Mahanagara Palike Act, 2020. Whereas it is expedient to amend the Bruhat Bengaluru Mahanagara Palike Act, 2020 (Karnataka Act 53 of 2020) for the purposes hereinafter appearing; Be it enacted by the Karnataka State Legislature in the Seventy fifth year of the Republic of India as follows:- 1. Short title and commencement.- (1) This Act may be called the Bruhat Bengaluru Mahanagara Palike (Second Amendment) Act, 2024. (2) It shall be deemed to have come into force with effect from 24 th day of September, 2024. 2. Amendment of section 144.- In the Bruhat Bengaluru Mahanagara Palike Act, 2020 (Karnataka Act 53 of 2020), in section 144,- (i) in sub-section (8), the following proviso shall be inserted at the end, namely:- “Provided also that, the person primarily liable to pay the property tax may, at any time subsequent to filing of the return and payment of the property tax, suo-motu revise his own return upwards thereby resulting in more property tax payment to the Corporation, the said revision shall be liable to the same interest and penalty as is applicable for the revision done under sub-section (15) by the Corporation. The revised return shall be treated as the return by the property tax payer and the Corporation reserves the right to revise it under sub-section (15).” (ii) in sub-section (15), in clause (b), for the seventh proviso, the following shall be substituted namely:- “Provided also that, as a one-time measure, in order to bring all the tax defaulters, un-assessed properties and those liable for re-assessment up-to-date with respect to their tax payments, there shall be following relaxations for the payments made until 30 th November 2024, towards the unpaid tax, the un-assessed property and the property paying for re-assessment, namely:- (iii) the penalty payable shall be rupees one hundred per year; and (iv) the interest payable shall be waived off. Provided also that, the properties which have already availed the benefits of one time measure under this clause before the commencement of the Bruhat Bengaluru Mahanagara Palike (Second Amendment) Act, 2024, shall also be eligible for above relaxations and any excess penalty paid by such properties shall be readjusted against any outstanding demand or future demand of the Corporation on the same property or the same owner.” 3. Repeal and savings.- (1) The Bruhat Bengaluru Mahanagara Palike (Amendment) Ordinance, 2024 (Karnataka Ordinance No. 01 of 2024) 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. The above translation of ಬೃಹತ್ಬಂಗಳೂರು ಮಹಾನಗರಪಾಲಿಕೆ(ಎರಡನೇ ತಿದುು ಡಿ) ಅಧಿನಿಯಮ, 2024 (Karnataka Act 07 of 2025) be published in the official Gazette under Article 348 of the Constitution of India. THAAWARCHAND GEHLOT GOVERNOR OF KARNATAKA By Order and in the name of the Governor of Karnataka, G. SRIDHAR Secretary to Government Department of Parliamentary Affairs and Legislation KARNATAKA ACT NO.34 OF 2025 (First published in the Karnataka Gazette Extra-ordinary on the 15 th day of April, 2025) THE BRUHAT BENGALURU MAHANAGARA PALIKE (AMENDMENT) ACT, (Received the assent of the Governor on the 10 th day of April , 2025) An Act further to amend the Bruhat Bengaluru MahanagaraPalike Act, 2020(Karnataka Act 53 of 2020). Whereas it is expedient further to amend the Bruhat Bengaluru Mahanagara Palike Act, 2020 (Karnataka Act No.53 of 2020) for the purposes hereinafter appearing; Be it enacted by the Karnataka State Legislature in the Seventy sixth year of the Republic of India as follows:- 1. Short title and commencement.- (1) This Act may be called the Bruhat Bengaluru Mahanagara Palike (Amendment) Act, 2025. (2) It shall come into force at once. 2. Substitution of section 225.-In the Bruhat Bengaluru Mahanagara Palike Act, 2020 (Karnataka Act No. 53 of 2020) (hereinafter referred to as the Principal Act) for section 225, the following shall be substituted, namely:- “225. Power to declare any street as public street.- (1) If a private street including the drains are in such a poor condition that endangers public safety and health, the Zonal Commissioner may, with respect to a private street, on his own accord or upon a request by the owners of the said private street or the owners of the buildings and lands fronting or abutting on such a street, by a public notice and notice to such owners, inform his intention to declare the said private street or part thereof, a public street. Thereupon, such owners or anyone else interested, may give objections, if any, regarding the said intention within one month of the date of service of such the public notice by affixture. Upon considering the objections if any, the Zonal Commissioner may, declare such street or part the street to be a public street: Provided that, in case the private street falls in more than one Zone then the concerned Zonal Commissioners shall jointly issue the notice and thereupon declare the street or part thereof as a public street. Provided further that, the private street to be declared as public street shall have connectivity from the public road or public street. (2) On the request of site owners abutting a private street or otherwise such street which was shown by the erstwhile land owner as road in the sale deed made by the land owner and based upon which the abutting building sites were carved out by the land owner, who has obtained the benefit of such road or street upon by making the sale of abutting building sites and upon such road is declared as public street under sub-section (1), in that event the land owner, shall not be eligible for any type of compensation under the Right to Fair Compensation and Transparency inLand Acquisition, Rehabilitation and Resettlement Act, 2013 (Central Act No. 30 of 2013) or any other law, including Development Rights Certificates under section 14-B of the Karnataka Town and Country Planning Act, 1961 (Karnataka Act 11 of 1963). Explanation:-For the purpose of this section,- (i) "Erstwhile Land Owner" means the person in whose name the agriculture or converted land stood at the time of selling the sites and includes all those persons claiming under or through him; and (ii) "Public Street" means any street, road, square, court, alley, passage or riding path over which the public have a right of way maintained by the Corporation or Government or by any public authorities, whether a thoroughfare or not and includes;- (d) the roadway over any public bridge or causeway; (e) the footway attached to any such street public bridge or causeway; and (f) the drains attached to any such street, public bridge or causeway and the land, whether covered or not by any pavement verandah or other structure which lies on either side of the roadway upto the boundaries of the adjacent property, whether that property is private property or property belonging to the Government or the Corporation. 3. Substitution of section 226.- In the Principal Act, for section 226, the following shall be substituted, namely:- “226. Power of the Zonal Commissioner to Order work to be carried or carried out himself in default.- (1) If upon notice under section 225, due to objections or any other reason leads to dropping of the intention to declare the private street or part thereof as the public street but the private street or part thereof requires to be improved, developed or maintained including road side drains for the benefit of persons using the said street as easement right, the Zonal Commissioner may by notice direct such owners to carry out any work which in his opinion may be necessary and within such time as may be specified in such notice. (2) If such work is not carried out within the time specified in the notice, the Zonal Commissioner may, if he thinks fit, execute it and the expenses incurred shall be paid by owners referred to in sub-section (1) in such properties as may be settled by the Zonal Commissioner: Provided that the expenses payable if not paid shall be recoverable as the arrears of Property Tax and in the manner as may be prescribed for recovery of property tax arrears. (3) If the Zonal Commissioner carries out work in accordance with sub-section (2), he, with the requisition of the owners can declare such a street to be a public street and thereupon the street shall vest in the Corporation. 4. Amendment of section 240A.- In the Principal Act, in section 240 A,- (i) in sub section (2),for the words "The Chief Commissioner" the words "The Corporation" shall be substituted. (ii) in sub-section (3), in clause (A),- (a) in sub-clause (e),for the figures and word “'1.0 percent”, the figures and word “0.10 percent”, shall be substituted; and (b) after sub-clause (j), the following shall be inserted, namely:- "(k) The ceiling limits of fee and penalty for residential uses shall be 2/3 rd the values specified in sub-clauses (a) to (j)". 5. Amendment of section 248.- In the Principal Act, in section 248, after sub-section (4), the following shall be inserted, namely.- “(5) It shall be lawful for the Zonal Commissioner, at any time, before or after making an order of demolition or of the stoppage of the construction or erection of any building or execution of any work, to make an order directing the sealing of such construction or erection or work or of the premises in which such erection or work is being carried on or has been completed, for the purpose of carrying out the provisions of this Act, for preventing from using such construction or erection. (6) Where any erection or work or any premises in which any erection or work is being carried on, has or have been sealed, the Zonal Commissioner may, for the purpose of demolishing such erection or work in accordance with the provision of this Act, order directing the sealing of such construction or erection of any work to be removed; (i) No person shall remove such seal except under an order made by the Zonal Commissioner; and (ii) Notwithstanding anything contained in this Chapter, no appeal shall lie against such an order of sealing.” The above translation of ಬೃಹತ್ಬಂಗಳೂರುಮಹಾನಗರಪಾಲಿಕೆ(ತಿದುು ಡಿ) ಅಧಿನಿಯಮ, 2025 (2025ರಕನಾಟಕಅಧಿನಿಯಮಸಂಖ್ಯೆ: 34) be published in the official Gazette under Article 348 of the Constitution of India. THAAWARCHAND GEHLOT GOVERNOR OF KARNATAKA By Order and in the name of the Governor of Karnataka, G. SRIDHAR Secretary to Government Department of Parliamentary Affairs and Legislation
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