Chapter XXVI MISCELLANEOUS

No suit, prosecution or other legal proceedings shall lie against the Government or the Authority or any City Corporation authority, officer, or servant or any person acting under the direction of the Government or any City Corporation authority, officer or servant, in respect of anything done in good faith or intended to be done under this Act, or any rule, bye-law, regulation or order made there under.

When the Mayor or Deputy Mayor, or any councillor or the Commissioner or any officer of Government working in the City Corporation on deputation is accused of any offence alleged to have been committed by him while acting or purporting to act in discharging of his official duty, no magistrate shall take cognizance of such offence except with the previous sanction of the Government.

(1) Any assessment or demand made and charge imposed under the authority of this Act shall not be impeached or affected by reason of any clerical error or by reason of any mistake,-

1. (a) in respect of the name, residence, place of business or occupation of any person; or
2. (b) in the description of any property or thing; or
3. (c) in respect of the amount assessed, demanded or charged: Provided that the provisions of this Act have in substance and effect been complied with and no proceedings under this Act shall, merely for defect in form, be quashed or set aside by any court.

1. (2) No suit shall be brought in any court to recover any sum of money collected under the authority of this Act or to recover damages on account of any assessment, or collection of money made under the said authority: Provided that, the provisions of this Act have in substance and effect, been complied with.
2. (3) No distraint or sale under this Act shall be deemed unlawful, nor shall any person making the same be deemed a trespasser, on account of any error, defect or want of form in the bill, notice, schedule, form, summons, notice of demand, warrant of distraint, inventory or, other proceeding relating thereto, if the provisions of this Act, the rules and the bye-laws have, in substance and effect been complied with:

Duties of police officers.- It shall be the duty of every police officer to,-

1. (a) communicate without delay to the appropriate City Corporation officer any information which he receives of the design to commit or of the commission of any offence under this Act or any rule, bye-law or regulations made under it; and
2. (b) assist the Chief Commissioner of the Greater Bengaluru Authority or the Commissioner or any City Corporation officer or servant or any person to whom the Chief Commissioner or the Commissioner has lawfully delegated powers reasonably demanding his aid for the lawful exercise of any power vesting in the Chief Commissioner or the Commissioner in such City Corporation officer or servant or person under this Act or any such rule, bye-law or regulation, and for all such purposes he shall have the same powers which he has in the exercise of his ordinary police duties.

(1) If any police officer sees any person committing an offence against any of the provisions of this Act or of any rule, bye-law or regulation made under it, he shall, if the name and address of such person are unknown to him and if the said person on demand declines to give his name and address or gives a name and address which such officer has reason to believe to be false, arrest such person. (2) No person arrested under sub-section (1) shall be detained in custody,- (a) after his true name and address are ascertained, or (b) without the order of a magistrate for any longer time, not exceeding twenty four hours from the hour of arrest than is necessary for bringing him before a magistrate.

1. (2) No person arrested under sub-section (1) shall be detained in custody,-
   • (a) after his true name and address are ascertained, or
   • (b) without the order of a magistrate for any longer time, not exceeding twenty four hours from the hour of arrest than is necessary for bringing him before a magistrate.

Metropolitan Task Force or City Corporation servants.- (1) The Government may empower Bengaluru Metropolitan Task Force as an independent police station for the offences under this Act or offences arising incidental to the offences under this Act: Provided that no police officer especially empowered under this Act shall conduct any enquiry or inquiry or investigation into any offence alleged to have been committed by a public servant under this Act, where the alleged offence is relatable to any recommendation made or decision taken by such public servant in discharge of his official functions or duties, without the previous approval of the authority competent to remove him from his office, at the time when the offence was alleged to have been committed.

1. (2) The Government may empower any Corporation officer or servant or any class of Corporation officers or servants to exercise the powers of a police officer for the purposes of this Act.

Corporation, Standing Committee, Mayor, etc.- No person shall obstruct any proceedings of the City Corporation or any Standing Committee, the Mayor or Deputy Mayor, and Councillor, the Commissioner or any person employed by the City Corporation or any person with whom the Commissioner has entered into a contract on behalf of the City Corporation in the performance of his duty or of anything which he is empowered or required to do by virtue of or in consequence of this Act or of any rule, bye-law, regulation or order made under it.

No person shall remove any mark setup for the purpose of indicating any level or direction incidental to the execution of any work authorised by this Act or any rule, bye-law, regulation or order made under it.

for loss, waste or misapplication of fund, etc.- (1) The Commissioner of the City Corporation and every councillor shall be liable for the loss, waste or misapplication of any money or other property owned by or vested in the City Corporation, if such loss, waste, or misapplication is a direct consequence of his wilful neglect or misconduct and a suit for compensation may be instituted against him by the City Corporation with the previous sanction of the Government.

1. (2) Every such suit shall be commenced within three years after the date on which the cause of action arose.

No person shall, without authority in that behalf remove, destroy, defence or otherwise obliterate any notice exhibited by or under the orders of the City Corporation, a Standing Committee or the Commissioner.

No person shall, without authority in that behalf, remove earth, sand or other material or deposit any matter or make any encroachment, from, in, or on any land vested in the City Corporation or water-courses (not being private property), or in any way obstruct the same.

All notices and permissions given, issued or granted, as the case may be, under the provisions of this Act shall be in writing or through electronic form or online.

Whenever under this Act or any rule, bye-law or regulation made under it, the doing of or omitting to do anything or the validity of anything depends upon the approval, sanction, consent, concurrence, declaration, opinion or satisfaction of,-

1. (a) the City Corporation, a Standing Committee or the Chief Commissioner of the Authority or the Commissioner of the City Corporation; or
2. (b) any City Corporation officer, A written document signed in the case of (a), by the Chief Commissioner or the Commissioner and in the case of (b) by the said officer, purporting to convey or set forth such approval, sanction, consent, concurrence, declaration, opinion or satisfaction, shall be sufficient evidence thereof.

(1) Every licence, permission, notice, bill, schedule, summons, warrant or other document which is required by this Act or by any rule, bye-law or regulation made under it to bear the signatures of the Chief Commissioner of the Greater Bengaluru Authority, Commissioner of the City Corporation or of any Authority or the City Corporation officer shall be deemed to be properly signed if it bears the facsimile of the signature or digital signature of the Chief Commissioner or the Commissioner or of such City Corporation officer or authenticated through System Digital Signatures as the Greater Bengaluru Authority or the City Corporation may specify, as the case may be, stamped thereupon.

1. (2) Nothing in sub-section (1) shall apply to a cheque drawn upon the

Save as otherwise provided, every notification under this Act shall be published in the official Gazette, in English and in Kannada.

Every order, notice or other documents, directed to be published under this Act or any rule, bye-law or regulation made under it shall unless a different method is prescribed by this Act or by the City Corporation or the Standing Committee, as the case may be, be translated into Kannada and deposited in the office of the City Corporation and copies thereof in English and in Kannada shall be pasted in a conspicuous position at such office and on website of the City Corporation and at such other places as the City Corporation or Standing Committee, as the case may be, may direct; and a public proclamation shall be made by beat of drum in the locality affected or by advertisement in the local newspapers that such copies have been so pasted and that the originals are open to inspection at the office of the City Corporation. This procedure once adopted the public notification shall deemed to have been effected.

Publication in newspapers.- Whenever it is provided by this Act or by any rule, bye-law or regulation made under it that notice shall be given by advertisement in the local newspapers or that a notification or any information shall be published in the same, such notice, notification or information shall be published in at least one English and one Kannada newspaper published in the

Notice of prohibition or setting apart of places.- Whenever the City Corporation, a Standing Committee or the Chief Commissioner has set apart any place for any purpose authorised by this Act or has prohibited the doing of anything in any place, the Commissioner shall forthwith cause to put up a notice in English and in Kannada at or near such place. Such notice shall specify the purpose for which such place has been set apart or the act prohibited in such place.

(1) When any notice or other document is required by this Act or by any rule, bye-law, regulation or order made under it to be served on or sent to any person, the service or sending thereof may be effected,- (a) by giving or tendering the said document to such person; or (b) by e-mail or through electronic means; or (c) if such person is not found, by leaving such document at his last known place of abode or business or by giving or tendering the same to his agent, clerk or servant or some adult member of his family; or (d) if such person does not reside in the City and his address elsewhere is known to the Commissioner, by sending the same to him by registered post; or (e) if none of the means aforesaid be available, by affixing the same in some conspicuous part of such place of abode or business or the property in question. (2) When the person is a khatadar or an occupier of any building or land it shall not be necessary to name the khatadar or occupier in the document, and in case of joint khatadars and occupiers it shall be sufficient to serve it on, or send it to, one of such khatadars or occupiers. (3) Whenever in any bill, notice, form or other document served or sent under this Act, a period is fixed within which any tax or other sum is to be paid or any work executed or anything provided, such period shall, in the absence of an express provision to the contrary in this Act, be calculated from the date of such service or sending by registered post.

1. (a) by giving or tendering the said document to such person; or
2. (b) by e-mail or through electronic means; or
3. (c) if such person is not found, by leaving such document at his last known place of abode or business or by giving or tendering the same to his agent, clerk or servant or some adult member of his family; or
4. (d) if such person does not reside in the City and his address elsewhere is known to the Commissioner, by sending the same to him by registered post; or
5. (e) if none of the means aforesaid be available, by affixing the same in some conspicuous part of such place of abode or business or the property in question.

1. (2) When the person is a khatadar or an occupier of any building or land it shall not be necessary to name the khatadar or occupier in the document, and in case of joint khatadars and occupiers it shall be sufficient to serve it on, or send it to, one of such khatadars or occupiers.
2. (3) Whenever in any bill, notice, form or other document served or sent under this Act, a period is fixed within which any tax or other sum is to be paid or any work executed or anything provided, such period shall, in the absence of an express provision to the contrary in this Act, be calculated from the date of such service or sending by registered post.

If the occupier of any building or land makes on behalf of the khatadar thereof any payment for which under this Act, the khatadar, but not the occupier is liable, such occupier shall be entitled to recover the same from the khatadar and may deduct it from the rent then or thereafter due by him to the khatadar.

(1) If the occupier of any building or land prevents the khatadar from carrying into effect in respect thereof any of the provisions of this Act the Commissioner shall by an order require the said occupier to permit the khatadar, within eight days from the date of service of such order, to execute all such works as may be necessary. (2) Such khatadar shall, for a period during which he is prevented as aforesaid, be exempted from any fine or penalty to which he might otherwise have become liable by reason of default, in executing such works.

1. (2) Such khatadar shall, for a period during which he is prevented as aforesaid, be exempted from any fine or penalty to which he might otherwise have become liable by reason of default, in executing such works.

If the khatadar of any building or land fails to execute any work which he is required to execute under the provisions of this Act or of any rule, bye-law, regulation or order made under it, the occupier of such building or land may, with the approval of the Commissioner, execute the said work, and shall be entitled to recover from the khatadar the reasonable expenses incurred in the execution thereof and may deduct the amount thereof from the rent then or thereafter due by him to the khatadar.

1. (1) Whenever by any notice, requisition or order made under this Act or under any rule, bye-law or regulation made under it, any person is required to execute any work, or to take any measures or do anything, a reasonable time shall be named in such notice, requisition or order within which the work shall be executed, the measures taken, or the thing done.
2. (2) If such notice, requisition or order is not complied with within the time so specified, then whether or not a fine is provided for such default and whether or not the person in default, is liable to punishment or has been prosecuted or sentenced to any punishment for such default, the Chief Commissioner in case of Authority and the Commissioner in case of the City Corporation, may cause such work to be executed, or may take any measure or do anything which may, in his opinion, be necessary for giving due effect to the notice, requisition or order as aforesaid.
3. (3) If no penalty has been specially provided in this Act for failure to comply with such notice, the said person shall, on conviction, be punished with fine not exceeding five thousand rupees for such offence.
4. (4) Where no interest has been specified to be paid for any sums due to be paid to the Greater Bengaluru Authority or to the City Corporations, the same shall be liable to be paid at the rate of nine percent interest per annum.

Instead of recovering any such expenses as aforesaid in the manner provided under this Act the Commissioner may, if he thinks fit and with the approval of the Standing Committee take an agreement from the person liable for the payment thereof, to pay the same in installments of such amounts and at such intervals as will secure the payment of the whole amount due, with interest thereon at the rate of nine percent per annum, within a period of not more than five years.

If the expenses to be recovered have been incurred or are to be incurred in respect of any work mentioned as per specified provisions of this Act or in any rule made under this Act in which this section is made applicable to such expenses, the Commissioner may, if he thinks fit and with the approval of the Standing Committee, declare such expenses to be improvement expenses.

(1) Improvement expenses shall be a charge on the premises or the properties, in respect of which or for the benefit of which then same shall have been incurred and shall be recoverable in installments of such amounts, and at such intervals, as may suffice to discharge such expenses together with interest thereon within such period not exceeding five years, as the Commissioner, may in each case determine. (2) The said installments shall be payable by the khatadar or occupier of the premises on which the expenses are charged: Provided that when the occupier pays any such installment he shall be entitled to deduct the amount thereof from the rent payable by him to the khatadar or to recover the same from the khatadar.

1. (2) The said installments shall be payable by the khatadar or occupier of the premises on which the expenses are charged: Provided that when the occupier pays any such installment he shall be entitled to deduct the amount thereof from the rent payable by him to the khatadar or to recover the same from the khatadar.

At any time before the expiration of the period for the payment of any improvement expenses, the khatadar or occupier of the premises on which the expenses are charged may redeem such charge by paying to the Commissioner such part of the said expenses as are still payable.

Every councillor, officer or servant or person in service or pay of the Greater Bengaluru Authority or a City Corporation, every contractor or agent for the collection of any City Corporation tax, fee or other sum due to the City Corporation and every person, employed by any such contractor or agent for the collection of such tax, fee, or sum shall deemed to be a public servant within the meaning as under clause (28) of section 2 of the Bharatiya Nyaya Sanhita.

Offences by companies and others.- (1) Where any offence under this Act has been committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.

1. (2) Notwithstanding anything contained in sub-section (1) where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of or is attributable to any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation: For the purpose of this section,-
   • (a) "company" means a body corporate, and includes a firm, a society, an Association of persons; and
   • (b) "director" in relation to a firm means a partner in the firm.
2. (3) Any person doing anything barred by this Act or failing to act as required under this Act, shall deemed to have contravened the provisions of this Act and unless specific penalty is provided therefor, shall be punished under section 320.

(1) No person shall fly any flag other than the National Flag or a flag approved by the Government on the office of the City Corporation. (2) Whoever contravenes sub-section (1) shall be punished with imprisonment for a term which may extend to three months or with fine which may extend to rupees five thousand or with both and in the case of continuing contravention with a further fine which may extend to rupees five hundred for each day during which the contravention continues.

1. (2) Whoever contravenes sub-section (1) shall be punished with imprisonment for a term which may extend to three months or with fine which may extend to rupees five thousand or with both and in the case of continuing contravention with a further fine which may extend to rupees five hundred for each day during which the contravention continues.

(1) No employee or officer of the City Corporation having any duty to perform in connection with the sale of movable or immovable property by or on behalf of the City Corporation under this Act shall directly or indirectly bid for or acquire interest in any property sold at such sale.

1. (2) Any person who contravenes the provisions of sub-section (1) shall be punished with fine which may extend to five hundred rupees and shall be liable to dismissal from service.

If any local area consisting of one or more revenue villages in respect of which a Panchayat area has been constituted under the Karnataka Gram swaraj and Panchayat Raj Act,1993 is included in a City Corporation area by virtue of a notification under this Act then, notwithstanding anything contained in this Act or in the Karnataka Gram swaraj and Panchayat Raj Act, 1993, but subject to the provisions of this Act, with effect from the date on which such area is included in a City Corporation area, the following consequences shall ensue, namely:-

1. (a) the Grama Panchayat of such local area (here-in after referred to as the panchayat) shall cease to exist and the Taluk Panchayat and Zilla Panchayat within the jurisdiction of which such area is situated shall cease to have jurisdiction over such area;
2. (b) the unexpended balance of the Grama Panchayat Fund and the property (including arrears of rates, taxes and fees) belonging to the panchayat and all rights and powers which, prior to such notification, vested in the panchayat shall, subject to all charges and liabilities affecting the same, vest in the City Corporation of the City Corporation area (hereinafter referred to as the City Corporation);
3. (c) any appointment, notification, notice, tax, order, scheme, licence, permission, rule, bye-law or form, made, issued, imposed or granted under the Karnataka Gram Swaraj and Panchayat Raj Act, 1993, immediately before the said date in respect of the said local area shall continue in force and be deemed to have been made, issued, imposed or granted under this Act until it is superseded or modified by any appointment, notification, notice, tax, order, scheme, licence, permission, rule, bye-law or form, made, issued, imposed or granted under this Act;
4. (d) all budget estimates, assessments, assessment lists, valuations or measurements, made or authenticated under the Karnataka Panchayat Raj Act, 1993, immediately before the said date in respect of the said local area shall be deemed to have been made or authenticated under this Act.
5. (e) all debts and obligations incurred and all contracts made by or on behalf of the panchayat immediately before the said date and subsisting on the said date shall be deemed to have been incurred and made by the City Corporation in exercise of the power conferred on it by this Act.
6. (f) all officers and servants in the employ of the panchayat immediately before the said date shall become officers and servants of the City Corporation under this Act and shall, until other provision is made in accordance with the provision of this Act receive salaries and allowances and be subject to the conditions of service to which they were entitled or subject immediately before such date: Provided that, it shall be competent to the City Corporation, subject to the previous sanction of the Government to discontinue the services of any officer or servant, who, in its opinion, is not necessary or suitable for the requirements of the service under the City Corporation after giving such officer or servant such notice as is required to be given by the terms of his employment and every officer or servant whose services are dispensed with shall be entitled to such leave, pension, provident fund and gratuity as he would have been entitled to take or receive on being invalidated out of service, as if the panchayat in the employ of which he was, had not ceased to exit.
7. (g) all proceedings pending on the said date before the panchayat shall be deemed to be transferred to and shall be continued before the City Corporation;
8. (h) all appeals pending before any authority shall, so far as may be practicable, be disposed of as if the said local area had been included in the lager urban area when they were filed; all prosecutions instituted by or on behalf of the panchayat and all suits or other legal proceedings instituted by or against the panchayat or any officer of the panchayat pending on the said date shall be continued by or against the City Corporation as if the said local area had been included in the City Corporation area when such prosecutions, suits or proceedings were instituted;
   • (i) all arrears of rates, taxes and fees vesting in the City Corporation shall, notwithstanding that such rates and fees cannot be levied under this Act, be recoverable in the same manner as a tax recoverable under this Act;
9. (j) until the reconstitution of the City Corporation in accordance with the provisions of this Act, notwithstanding anything to the contrary contained in this Act, such number of persons ordinarily resident in the local area included in the City Corporation area who are nominated by the Government shall be additional councillors of the City Corporation.

If any difficulty arises in giving effect to the provisions of this Act the Government may by order, published in the official Gazette, as the occasion may require, do anything which appears to it to be necessary to remove the difficulty.

Any rule, notification, order or appointment, made or issued under the Karnataka Municipal Corporations Act, 1976 (Karnataka Act No. 14 of 1977), the Bruhat Bengaluru Mahanagara Palike Act, 2020 (Karnataka Act No. 53 of 2020) and Rules made thereunder or otherwise providing for or relating to any of the matters for the furtherance of which this Act is enacted, before the date of commencement of this Act and in force on the date of commencement of this Act, to the extent they are not inconsistent with the provisions of this Act, shall continue to be in force and effective as if they are made or issued or appointed under the corresponding provisions of this Act unless and until superseded by anything done or any action taken or any rules, notification, order or appointment made under this Act.

Act is enacted, before the date of commencement of this Act and in force on the date of commencement of this Act, to the extent they are not inconsistent with the provisions of this Act, shall continue to be in force and effective as if they are made or issued or appointed under the corresponding provisions of this Act unless and until superseded by anything done or any action taken or any rules, notification, order or appointment made under this Act.

(1) The provisions of the Bruhat Bengaluru Mahanagara Palike Act, 2020 (Karnataka Act No. 53 of 2020) and Rules made thereunder are hereby repealed. Provided that, such repeal shall not affect,-

1. (a) anything done or any action taken under the said Act; or
2. (b) the previous operation of the said Act or anything duly done or suffered thereunder; or
3. (c) any right, privilege, obligation or liability acquired, accrued or incurred under the said Act; or
4. (d) any penalty or punishment incurred in respect of any offence committed under the said Act: Provided further that, the provisions of section 6 of the Karnataka General Clauses Act, 1899 (Karnataka Act III of 1899) shall be applicable in respect of repeal of the said Act. Provided also that subject to the preceding proviso anything done or any action taken (including any appointment or delegation made, tax, duty, fee, or cess imposed, notification, order, instrument, or direction issued, rule, regulation, form, bye-law or scheme framed, certificate obtained, permit or licence granted or registration effected) under the said enactments shall be deemed to have been done or taken under the corresponding provision of this Act and shall continue to be in force accordingly unless and until superseded by anything done or any action taken under this Act: Provided also that, notwithstanding anything contained in the preceding provisos where any tax, duty, fee or cess other than a duty on transfers of immovable properties has been imposed under the said enactments at a rate higher than the maximum rate permissible under this Act, such tax, duty, fee or cess may continue to be imposed and collected at such higher rate unless and until superseded by anything done or any action taken under this Act

1. (2) Notwithstanding anything contained in sub-section (1), any tax, duty, fee, or cess imposed under the said Act may, notwithstanding that such tax, duty, fee or cess cannot be imposed under the provisions of this Act, be continued to be levied and recovered as if the provisions of such enactments, the rules, bye-laws, orders and notifications made or issued thereunder relating to such levy and recovery had not been repealed.