Bare ActsThe KARNATAKA MUNICIPALITIES ACT, 1964

Section 389

Removal of difficulties

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

Removal of difficulties. SCHEDULE I SCHEDULE II - Omitted SCHEDULE III - Omitted SCHEDULE IV - Omitted SCHEDULE V - Omitted SCHEDULE VI SCHEDULE VII SCHEDULE VIII SCHEDULE IX SCHEDULE X SCHEDULE XI SCHEDULE XII SCHEDULE XIII-omitted * * * * 14 STATEMENTS OF OBJECTS AND REASONS I Act 22 of 1964.—The Municipal Councils in the State are now governed by seven different enactments in force in the different areas and in order to have a uniform law in the whole State, this Bill has been brought forward. The Bill governs both City Municipalities and Town Municipalities as the provisions are in most case common and it is convenient to have a single enactment for both kinds of Municipalities. The Bill embodies the principal features of the enactment in force at present. Provision has also been made in chapter IX of the Bill for undertaking and executing improvement schemes and levying betterment fees on lands whose value increases by execution of improvement schemes. (Published in the Karnataka Gazette (Extraordinary), Part IV-2A, dated 30th March 1963, as No. 46, at p. 292.) II Amending Act 34 of 1966.—In order to empower municipal councils to exercise control over the functions of the Chief Officer it is considered necessary to amend the Mysore Municipalities Act, 1964. Opportunity has been taken to make certain other amendments found necessary to facilitate the proper working of the Act. Hence the Bill. (Published in the Karnataka Gazette (Extraordinary), Part IV-2A, dated 28th July 1966, as No. 132, at p. 8.) III Amending Act 2 of 1976.—The Corporation of the City of Bangalore and the Municipalities in the State are empowered to levy an additional duty on transfer of immovable properties in the form of surcharge on the duties imposed under the Stamp Act on instruments of sale, gift, exchange etc. The basis of the levy was the amount of consideration in the case of sale and value in the other two cases. But the Stamp Act was amended by the Act No. 12 of 1975 changing the basis in the case of sale etc., to be the market value. Consequential amendments therefore became necessary in the municipal laws. Corresponding provision was not available in the Bombay Provincial Municipal Corporation Act, 1949, under which the Hubli-Dharwar Municipal Corporation is established. It was considered necessary to provide for it also to achieve uniformity. Hence, the Karnataka Municipal Laws (Amendment) Ordinance, 1975 was promulgated. The Bill is to replace the said Ordinance. (Published in the Karnataka Gazette, PART IV—2-A, dated 22nd January 1976, at p. 7–8.) IV Amending Act 39 of 1976.—In order to augment the revenues of the State it is considered necessary to levy a tax on urban land. This tax is payable with effect from 1st April 1975 in the cities of Bangalore and Hubli-Dharwar and in the city municipalities of Mysore, Mangalore, Belgaum, Gulbarga, Bellary, Davanagere, Bijapur, Shimoga and Bhadravati. In respect of other places the effective date will be notified. This tax will be in lieu of land revenue assessment, including non- agricultural assessement, ground rent, jodi or quit rent and any other amount specified by the State Government, payable in respect of that land. The levy will be at graduated scales on the market value of the urban land. Procedure for the determination of the market value is provided and the market value once determined will hold good for five years at a time. Appeal to Tribunal by the aggrieved is provided. Small bits of lands not exceeding 223 square meters and lands used for public purposes are exempted from the payment of the tax. (Published in the Karnataka Gazette (Extraordinary), Part IV-2A, dated 14th February 1975, as No. 343, at p. 27.) 15 V Amending Act 83 of 1976.—The Karnataka Municipalities Act, 1964 received the assent of the President on 7th May 1964 and came into force in the State. The action Committee of the Karnataka State Municipal President and Vice-President conference held during 1969 desired a scrutiny of the Karnataka Municipalities Act, 1964. A Committee was therefore constituted to have a detailed scrutiny of the provisions of the Act and to suggest amendments thereto. Some difficulties were also felt in the implementation of the provisions of the Act. The Divisional Commissioners and the Controller, State Accounts Department also proposed certain amendments to the Karnataka Municipalities Act, 1964. This committee was constituted under the Chairmanship of the minister for Law and Municipal Administration. The Committee has made a detailed study of the provisions of the Karnataka Municipalities Act, 1964 and keeping in view the proposals and suggestions from the different quarter and has proposed certain amendments in the form of the Bill. The salient features of the Bill are as follows:—

Section 389 – The KARNATAKA MUNICIPALITIES ACT, 1964 | DailyLaw.ai