Section 4

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

Opportunity is also taken to make certain changes which are necessitated due to the coming into force of the Karnataka Zilla Parishads, Taluk Panchayat Samithis, Mandal Panchayats and Nyaya Panchayats Act, 1983. As the Karnataka Legislative Council was not in session and since the matter was very urgent, the Karnataka Municipalities (Amendment) Ordinance 1986 (Karnataka Ordinance 7 of 1986) was promulgated and this Bill seeks to replace the said Ordinance. Hence the Bill. 19 (Published in the Karnataka Gazette (Extraordinary), Part IV-2A, dated 19th August 1986, as No. 625, at p. 8.) XVI Amending Act 20 of 1987.—It has been considered necessary to provide for prohibition of defection by Members of Zilla Parishads Mandal Panchayats and Councillors of Municipal Corporations and the City and Town Municipal Councils from the political parties by which they were set up as candidates. In order to provide healthy politics in the local bodies it is considered necessary to disqualify such councillors subject to certain conditions in the case of merger or split. Opportunity is taken to amend the Karnataka Zilla Parishads, Taluk Panchayat Samithis, Mandal Panchayat and Nyaya Panchayat Act, 1983 (Karnataka Act 20 of 1985). The Karnataka Municipal Corporations Act, 1976 (Karnataka Act 14 of 1977) and the Karnataka Municipalities Act, 1964 (Karnataka Act 22 of 1964). As the Karnataka Legislature Assembly was not in Session and since the matter was very urgent the Karnataka Local Authorities (Prohibition of Defection) Ordinance, 1986 (Karnataka Ordinance No. 18 of 1986) was promulgated. The Bill seeks to replace the said Ordinance. Hence the Bill. (Obtained from LA Bill No. 3 of 1987.) XVII Amending Act 2 of 1990.—The Karnataka Municipalities Act, 1964, the Karnataka Municipal Corporations Act, 1976 and the Karnataka Zilla Parishads, Taluk Panchayat Samithis, Mandal Panchayats and Nyaya Panchayats Act, 1983 contain provisions for the preparation of additional Electoral Rolls of the purpose of conferring the right to vote to persons who had attained the age of 18 years. Pursuant to the amendments affected to the Representation of the People Act, the Electoral Rolls for elections to the Assembly and Parliamentary constituencies now include persons who have attained the voting age of 18 years. In these circumstances, it has been decided to delete the provisions requiring the preparation of the additional Electoral Roll by making suitable and consequential amendments. It is also proposed to have a uniform term of office of five years fixed for the Councillors, Corporators and the Members of Zilla Parishads. Consequently, the statutory term of four years for the Councillors is enhanced to five years to be on par with the terms of office of the Corporators and the Members of the Zilla Parishads. Hence the Bill. (Published in the Karnataka Gazette (Extraordinary), Part IV-2A, dated 20th December 1989, as No. 616, at p. 5.) XVIII Amending Act 14 of 1990.—(Note: By this Act the Civil Services Act was enacted. Therein certain consequential amendments were made to some Acts including the Karnataka Municipalties Act.) XIX Amending Act 22 of 1991.—It is considered necessary to prohibit display of any flag other than National Flag or a flag approved by the State Government on the offices of City Corporation and City or Town Municipal Councils. Hence the Bill. 20 (Published in the Karnataka Gazette (Extraordinary), PArt IV-2A, dated 15th March 1991, as No. 97, at p. 187.) XX Amending Act 36 of 1994.—It is considered necessary to amend the Karnataka Municipalities Act, 1964 to bring it in conformity with the provisions of the Constitution (Seventy-fourth Amendment) Act, 1992. The Bill among other things provides for,— (1) specifying smaller urban area and transitional area by the Governor having regard to the population, income generated in the area, percentage of employment in non-agricultural activities and certain other factors enumerated in section 3 and section 349; (2) composition of the municipal Council and Town Panchayats; (3) reservation of seats and office of chair persons in municipal councils and town panchayats in favour of Scheduled Castes, Scheduled Tribes, Backward Classes and Women; (4) preparation of electoral roll by the State Election Commission and superintendence direction and control by the State Election Commission in respect of conduct of election; (5) Finance Commission constituted under the Karnataka Panchayat Raj Act, 1993 to review the financial position of the Municipal Councils and Town Panchayats and to make recommendation to the Governor; (6) effect of absorption or conversion of transitional area into smaller urban area or panchayat area and that of panchayat area into transitional area. Certain consequential changes are also made. As the matter was urgent and the Karnataka Legislative Assembly was not in session, the Karnataka Municipalities (Amendment) Ordinance, 1994 was promulgated. This Bill seeks to replace the said Ordinance. Hence the Bill. (Obtained from Vide LC Bill No. 1 of 1994.) XXI Amending Act 20 of 1995.—Section 9 of the Karnataka Municipalities Act, 1964 (Karnataka Act 22 of 1964) provides a period of two months to entertain any objections from all persons to the proposal to constitute the local area to be a smaller urban area or to alter the limits of the smaller urban area in a certain manner or to declare that the local area shall cease to be a smaller urban area, as the case may be. Specifying any urban areas as smaller urban area is a first step in the entire process of election to Municipal Councils. Consequent to the expiry of the term of office of the Councillors, Administrators have been appointed to Municipal Councils and as such election to constitute new bodies will have to be completed as early as possible. Since the period of two months provided in the said section is too long, it is considered necessary to amend the said section to reduce the period of ‘two months’ to ‘Thirty days’. Hence the Bill. (Obtained from LA Bill No. 24 of 1995.) XXII Amending Act 24 of 1995.—It is considered necessary to amend the Karnataka Municipalities Act, 1964.— (i) to substitute the existing definition of Backward Classes in order to re-define it on the lines of the definition of “Backward Classes” contained in the Panchayat Raj Act, 1993; 21 (ii) to earmark eighty per cent of the offices of the President and Vice-President reserved for Backward Classes, in favour of category ‘A’ and the remaining twenty per cent in favour of category ‘B’; (iii) to earmark eighty per cent of the seats reserved for Backward Classes in the Municipal Councils and Town Panchayats in favour of category ‘A’ and the remaining twenty per cent in favour of category ‘B’; (iv) to provide for deemed deputation of the Returning Officers, Assistant Returning Officers, Presiding Officers etc., to the State Election Commission during the period commencing from the election ending with the date of declaration of the result of election, so that such officers shall be subject to the control, superintendence and discipline of the State Election Commission. Hence the Bill. (Obtained from LA Bill No. 26 of 1995.) XXIII Amending Act 24 of 1998.—It is considered necessary to amend the provisions of section 11 of the Karnataka Municipalities Act, 1964 and section 7 of the Karnataka Municipal Corporations Act, 1976 to do away with the requirement that the members of the House of people and the Legislative Assembly should be registered as electors within the Municipal area or a city as the case may be, so as to bring them in conformity with Article 243R of the Constitution of India. Hence the Bill. (Published in the Karnataka Gazette (Extraordinary), Part IV-2A, dated 15th May 1998, as No. 600, at p. 2.) XXIV Amending Act 22 of 2000.- It is considered necessary to prepare upto date Codal Volumes of the Karnataka Acts and to repeal all the spent Acts and amendments Acts from time to time. The Government constituted One-man Committee for the above purpose. The Committee has reviewed the Karnataka Acts for the period for 1.1.1956 to 31.12.1998 and has proposed this "Repealing and Amending Bill, 2000" which seeks to repeal the following types of Acts,- (i) Acts which amended the Karnataka Acts whether they are now in force or not; (ii) Acts which amended regional Acts which are no longer in force; (iii) Appropriation Acts as they are spent Acts; (iv) Acts which have been struck down or by necessary implication struck down by the Court; (v) Acts which are by implication repealed by Central Acts; and (vi) Acts which are temporary and spent enactments. The Bill does not include,- (i) Acts which amend the Central Acts and regional Acts which are in force; and (ii) Acts which are already repealed expressly. This Bill seeks to repeal and remove all spent and amendment Acts from the Statute Book. Hence the Bill. (Obtained from L.A. Bill No. 17 of 2000) XXV Amending Act 28 of 2001.- It is considered necessary to amend the Karnataka Municipalities Act, 1964 to simplify the procedure, introduce the system of self-assessment of property tax and to provide for the following,- (1) to abolish the system of determining the Rateable Value on the basis of annual gross rent to which a building may reasonably be expected to let from month to month or from year to year for the purpose of assessment of property tax; 22 (2) to introduce a system of assessment of property tax based on Taxable Capital Value having regard to the estimated market value of the land and estimated cost of erecting the building; (3) to levy property tax at such percentage of Taxable Capital Value fixed by the Municipalities with reference to location, type of construction of the building nature of use to which the property is put, area of the land, plinth area of the building and age of the building; (4) to provide for payment of property tax and filing of returns by owners or occupiers; (5) to provide an incentive at the rate of five percent of the tax for owners filing returns within the specified time; (6) to impose a penalty at the rate of fifty percent of the tax in cases of failure to submit returns; (7) to collect service charges in respect of properties exempted from property tax; (8) to collect penalty equal to twice the property tax leviable in respect of unlawful buildings without prejudice to any proceedings or action to be taken for unlawful construction; (9) to publish property tax register for public information; (10) to undertake survey of lands and buildings and preparation of property register; Certain other consequential and incidental amendments are also made. Hence the Bill. (Vide L.A. Bill No.31 of 2000 File No. ಸಂವ್ಯಶಾಇ 49 ಶಾಸನ 2000 XXVI Amending Act 8 of 2003.- To give effect to the proposals made in the Budget Speech for the year 2003-04, it is considered necessary to amend the Karnataka Stamp Act, 1957, the Karnataka Municipalities Act, 1964, the Karnataka Municipal Corporations Act, 1976 and the Karnataka Panchayat Raj Act, 1993. Hence the Bill. [LA Bill No. 8 of 2003] (Entries 5 and 63 of List-II of the Seventh Schedule to the Constitution of India) XXVII Amending Act 23 of 2003.- It is considered necessary to amend the Karnataka Municipalities Act, 1964 to provide for Minimum representation of the persons belonging to the Scheduled Castes and Scheduled Tribes in the Municipal Councils and Town Panchayats. The 74th Constitutional Amendment provides that in every Urban Local Bodies the members of House of the People as well as members of the State Legislative Assembly be represented in the concerned Municipalities. When the Acts were amended in 1994, the provisions of section 11 were amended to ensure that the members of the House of the People and Member of the State Legislative Assembly and Members of the Council be permitted to participate in the deliberations of the Municipalities and also to vote in the Council. This particular provision was not incorporated in respect of Town Panchayats. It is therefore proposed to amend section 352 for the purpose. Hence the Bill. [LA Bill No.20 of 2002] [Entry 5 of List-III of Seventh Schedule to the Constitution of India] XXVIII Amending Act 24 of 2003.- Second proviso to sub-section (1) and sub-section (3) of section 3 of the Karnataka Municipalities Act, 1964 provide for specifying an Industrial Township. Now it is 23 considered necessary to omit the aforesaid provision and to have a separate chapter in the Karnataka Municipalities Act, 1964 for specifying industrial township and other related matters and to make elaborate provisions in that behalf. Therefore, it is proposed to insert a new chapter XVI-A to provide for the following:- (i) Specifying industrial township having regard to the factors enumerated in the proposed section 364A; (ii) Constitution of Industrial Township Authority and its composition; (iii) Term of office of chair-person and other members; (iv) Transaction of business by the Industrial Township Authority and its functions and duties. (v) Conferring on the Industrial Township Authority, the powers of the Municipal Council specified in sections 175 to 275. (vi) Power to extend provisions of the Act, rules and bye-laws applicable to a Municipal Council to the Industrial Township Authority. (vii) Funds, budget and accounts of Industrial Township Authority. (viii)Power to levy and collect property tax. (ix) Power to appoint Chief Executive Officer and other officers and staff and their conditions of service. (x) Power to appoint an Administrator. (xi) Effect of conversion of part of a panchayat area etc., into an Industrial Township. (xii) Power to make regulation. Certain other incidental and consequential provisions are also made. Hence the Bill. [L.C. Bill No.12 of 2002] Article 243Q and Entry 5 of List-II of Seventh Schedule to the Constitution of India] XXIX Amending Act 31 of 2003.- It is considered necessary to amend the Karnataka Municipalities Act, 1964 (Karnataka Act 22 of 1964),- 1) to provide for specifying a smaller urban area in which district head quarters is situated to be a city municipal area even though population is less than 50 thousand; 2) to require that motion of expressing want of confidence in the President or Vice President should be passed by a majority of the total number of councillors having voting right and by a majority of not less than two-third of the councillors having voting right present and voting; 3) to dispense with the requirement of sanction of the Government to levy tax; 4) to reduce the rate of property tax on vacant land from the existing rate of minimum 0.3% and maximum 0.6% in view of several objections received from public; (5) to provide for exemption from levy of property tax in respect of places of public worship, choultaries for charitable purposes etc. as provided in the Karnataka Municipal Corporations Act, 1976; 6) to levy a penalty at 2% per month on belated payment of property tax due; 7) to omit the provisions relating to levy of water cess to mitigate the tax burden; 8) to exempt vacant land to a maximum of 50 square meters around a residential building constructed on a site measuring up to 225 square meters from the levy of property tax; 9) to provide for delegation of powers of the Government and other officers; 10) to validate the assessment etc. already made. Certain other incidental and consequential amendments are also made. As the matter was urgent and the Karnataka Legislative council was not in Session the Karnataka Municipalities (Amendment) Ordinance, 2003 was promulgated. Hence the Bill. [LA Bill No.19 of 2003] 24 [Entry 5 of List-II of Seventh Schedule to the Constitution of India] XXX Amending Act 40 of 2003.- Considering the complaints received from general public that candidates contesting in elections to urban local bodies spend huge sum of money on publicity and other things concerning campaigning which amounts to corrupt practice, the State Election Commission has proposed for bringing suitable amendment to the Karnataka Municipalities Act, 1964 to insert a new provision providing for disqualification for failure to lodge account of election expenses. Hence the Bill. [LA Bill No.22 of 2002] [Entry 5 of List-II of the Seventh Schedule to the Constitution of India] XXXI Amending Act 17 of 2004.- According to the Karnataka Municipal corporations (Amendment) Act, 2003 and the Karnataka Municipalities (Amendment) Act, 2003, property owners are required to pay the property tax for the years 2002-2003 and 2003-2004 before 30th September, 2003 without a penalty. There have been requests from the general public to extend the period of payment of tax without penalty. Hence, it is proposed to extend the period of payment of tax without penalty up to 31st March, 2004 in order to provide some relief to the tax payers. Hence the Bill, (LC Bill No.8 of 2004) (Entry 5 of List II of the Seventh Schedule to the Constitution of India) XXXII Amending Act 5 of 2005.- It is considered necessary to amend the Karnataka Municipalities Act, 1964 (Karnataka Act 22 of 1964) and The Karnataka Municipal Corporations Act, 1976 (Karnataka Act 14 of 1977) to provide for,- (1) reduction of property tax levied for the years 2002-2003, 2003-2004 and 2004-2005 from two and half times to two times of the tax levied for the year 2001-2002; (2) exemption of Property Tax in respect of the vacant land around all classes of buildings in the Municipalities and City Corporations; (3) total exemption of the tax on vacant land in Municipalities having a population of less than one lakh; (4) enhancement of Property Tax once in three years commencing from the year 2005-2006 and to give guidelines for enhancement; (5) reduction of tax on commercial buildings from an upper limit of 1.5 percent to 0.9 percent situated in the Municipalities having less than one lakh population and in respect of residential buildings from 1.0 percent to 0.6 percent; (6) Certain other consequential amendments are also made. The Bill also seeks to replace the Karnataka Municipalities (Amendment) Ordinance, 2004 (Karnataka Ordinance 3 of 2004) and the Karnataka Municipal Corporations (Amendment) Ordinance, 2004 (Karnataka Ordinance 2 of 2004) with certain modifications. Hence the Bill. XXXIII 25 Amending Act 1 of 2007.- It is considered necessary and expedient in public interest to provide for regualarisation of certain unauthorised constructions and to define the parameters thereof by amending the Karnataka Town and Country Planning Act, 1961, the Karnataka Municipal Corporations Act, 1976 and the Karnataka Municipalities Act, 1964 in the following manner, namely:- (1) to regularise, subject to payment of prescribed fee,- (a) all unauthorised constructions as on the date of passing of the Amendment Act. (b) all violations of change of land user (c) all constructions made on revenue sites except, developments affecting,- (i) alignment of Ring Road, Highways (ii) lands belonging to Government, Local Authorities and Development Authorities, and Parks and Open spaces (iii) Basement floor earmarked as parking space, and (2) to prescribe the fee for different types of contravention permitted and (3) to provide for other consequential and incidental matters. Hence the Bill. (LC Bill No. 11 of 2004) (Entries 5 and 18 of List II and entry 20 of List III of the Seventh Schedule to the Constitution of India. XXXIV Amending Act 17 of 2007.- In G.O.NO.RD 9 BMM 2003, dated: 8.9.2005 the posts of Regional Commissioners at Bangalore, Mysore, Gulbarga and Belgaum along with supporting staff has been created. The Regional Commissioners have to be conferred with statutory powers by necessary amendments to the relevant Acts. Since the matter was urgent and the Karnataka Legislature was not in session, the Karnataka Land Revenue and Certain Other Laws (Amendment) Ordinance 2006(Karnataka Ordinance No.5 of 2006) was promulgated to achieve the above Object. Hence the Bill. [L.A.Bill No.7 of 2007] [Entry 5 and 18 of List II of the Seventh Schedule to the Constitution of India.] XXXV Amending Act 17 of 2009.- The State Election Commission has decided to use Electronic Voting Machines in the conduct of Elections to the Urban Local Bodies. The using of Electronic Voting Machine will minimize the expenditure and also ease the process of counting. The State Election Commission has also requested the Government to amend the Karnataka Municipalities Act, 1964 and the Karnataka Municipal Corporations Act, 1976 to this effect and to include all the necessary provisions if any to facilitate the State Election Commission to use Electronic Voting Machines in the elections to the urban local bodies. Therefore, it is considered necessary to amend the Karnataka Municipalities Act, 1964 and the Karnataka Municipal Corporations Act, 1976 to facilitate the State Election Commission to use Electronic Voting Machines in the elections to the urban local bodies. As the matter was urgent and both the Houses of the Karnataka State Legislature were not in session, the Governor of Karnataka had promulgated the Karnataka Municipalities and certain other law (Amendment) Ordinance, 2009 (Karnataka Ordinance No 1 of 2009). This Bill seeks to replace the said Ordinance. Hence, this Bill. (LA Bill No.30 of 2009, File No.DPAL 25 Shasana 2009) (Entry 5 of List II of the Seventh Schedule to the Constitution of India.) XXXVI Amending Act 24 of 2011.- The 13th Finance Commission of India, has recommended that State Governments to establish Property Tax Board to assist urban local bodies, in determining and 26 collection of Property Tax and to make a provision relating to audit report to place before the State Legislature. Therefore, it is considered necessary to amend the Karnataka Municipal Corporation’s Act, 1976 (Karnataka Act 14 of 1977) and Karnataka Municipalities Act, 1964 (Karnataka Act 22 of 1964) to provide for the same. Hence the Bill. [L.A. Bill No. 26 of 2011, File No. Samvyashae 25 Shasana 2011] [Entries 5 and 49 of List II of the Seventh Schedule to the Constitution of India.] XXXVII Amending Act 19 of 2012.- It is considered necessary to amend the Karnataka Municipalities Act, 1964 and the Karnataka Municipal Corporations Act, 1976 to provide for,- (a) making it mandatory to build rain water harvesting structure by house holds subject to certain conditions in the Municipal Corporation areas; (b) exemption of property tax on building and land belonging to ex-servicemen or member of the family of the ex-servicemen; and (c) enhancement of the upper limit of property tax leviable by the municipal bodies. Hence, the Bill. [L.A. Bill No.46 of 2011, File No.Samvyashae 4 Shasana 2011] [Entry 5 of List II of the Seventh schedule to the constitution of India.] XXXVIII Amending Act 20 of 2012.- One of the nine conditions laid down by the thirteenth Finance Commission for grant of performance grants to local bodies is to entrust the supervision and technical audit of the said Local bodies to C & A.G. This condition is to be met by the State Government before the end of March, 2012. The Accountant General also suggested few modifications. Therefore, it was considered necessary to amend the Karnataka Municipal Corporations Act, 1976 (Karnataka Act 14 of 1977) and the Karnataka Municipalities Act, 1964 (Karnataka Act 22 of 1964)., to provide for the above. As the matter was urgent and both the Houses of the Karnataka State Legislature were not in session, the Karnataka Municipal Corporations and certain other Law (Amendment) Ordinance, 2012 (Karnataka Ordinance No.1 of 2012) was promulgated on 14.03.2012. This Bill seeks to replace the said Ordinance. Hence the Bill. [L.A. Bill No. 15 of 2012, File No.Samvyashae 21 Shasana 2012] [Entry 5 of List II of the Seventh Schedule to the Constitution of India.] XXXIX Amending Act 31 of 2012.- The State Government has set up a State Urban Transport Fund to finance initiatives and capacity building in urban transport with budgetary support and amount to be raised through cess on property tax. The existing provisions of the Karnataka Municipalities Act, 1964 and the Karnataka Municipal Corporations Act, 1976, do not provide for collection of cess for Urban Transport. Therefore, it is considered necessary to amend the said Acts for provide for collection of cess at prescribed rates for the purpose of promoting sustainable urban transport systems and infrastructure. The Cess so levied shall form a part of State Urban Transport Fund. Certain other incidental and consequential provisions also have been proposed. Hence, the Bill. [L.A. Bill No.16 of 2012, File No. Samvyashae 20 Shasana 2012] [Entry 5 of List II of the Seventh Schedule to the Constitution of India.] XL Amending Act 32 of 2012.- It is considered necessary to amend the Karnataka Municipalities Act, 1964 (Karnataka Act 22 of 1964) and the Karnataka Municipal Corporations Act, 1976 (Karnataka Act 14 of 1977) to provide for reservation of not more than fifty percent of seats to women in the urban local bodies thereby to give effect to the Judgment of Hon’ble Supreme Court of 27 India in the case of K.Krishnamurthy and others v/s Union of India in writ petition (civil) No. 1356 of