Bare ActsThe KARNATAKA MUNICIPAL CORPORATIONS ACT, 1976.

Section 436

Penalty for unlawful building

Amendment status not verified — confirm the current text below against the official source.

Penalty for unlawful building.- (a) If the construction or reconstruction of any building or well,- 236 (i) is commenced without the permission of the Commissioner, or (ii) is carried on or completed otherwise than in accordance with the particulars on which such permission was based, or (iii) is carried on or completed in contravention of any lawful order or breach of any provision of this Act or any rule or bye-law made under it, or of any direction or requisition lawfully given or made, or (b) if any alterations or additions required by any notice issued under section 308 or section 320 are not duly made, or (c) if any person to whom a direction is given by the Commissioner to alter or demolish a building or well under section 321 fails to obey such direction, the owner of the building or well or the said person, as the case may be, shall be liable on conviction to a fine which may extend in the case of a well or hut to fifty rupees and in the case of any other building to five hundred rupees, and to a further fine which may extend in the case of a well or hut to ten rupees and in the case of any other building to one hundred rupees for each day during which the offence is proved to have continued after the first day. 1[436A. Prohibition of unauthorised occupation of land.- (1) Any person who unauthorisedly enters upon and uses or occupies any land belonging to the Corporation to the use or occupation of which he is not entitled or has ceased to be entitled, shall, on conviction, be punished with imprisonment for a term which may extend to three years and with fine which may extend to five thousand rupees. (2) Any person who, having unauthorisedly occupied whether before or after the commencement of the Karnataka Municipal Corporations and certain other Laws (Amendment) Act, 1984, any land belonging to a Corporation to the use or occupation of which he is not entitled or has ceased to be entitled, fails to vacate such land in pursuance of an order under sub-section (1) of section 5 of the Karnataka Public Premises (Eviction of Unauthorised Occupants) Act, 1974 (Karnataka Act 32 of 1974), shall, on conviction, be punished with imprisonment for a term which may extend to three years and with fine which may extend to five thousand rupees and with further five which may extend to fifty rupees per acre of land or part thereof for every day on which the occupation continues after the date of the first conviction for such offence. (3) Whoever intentionally aids or abets the commission by any other person of an offence punishable under sub-section (1) or sub-section (2) shall, on conviction, be punishable with the same punishment provided for such offence under the said sub-sections.]1

Section 436 – The KARNATAKA MUNICIPAL CORPORATIONS ACT, 1976. | DailyLaw.ai