THE KARNATAKA MUNICIPALITIES AND CERTAIN OTHER LAW (AMENDMENT) ACT, 2011
(Received the assent of the Governor on the 26th day of April, 2012)
KARNATAKA ACT NO.19 OF 2012
(First published in the Karnataka Gazette Extra-ordinary on the 28th day of April, 2012)
An Act further to amend the Karnataka Municipalities Act, 1964 and the Karnataka Municipal Corporations Act, 1976.
Whereas, it is expedient further to amend the Karnataka Municipalities Act, 1964 (Karnataka Act 22 of 1964) 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 Sixty Second year of the Republic of India, as follows:-
1. Short title and commencement.- (1) This Act may be called the Karnataka Municipalities and Certain Other Law (Amendment) Act, 2011.
(2) It shall come into force at once.
2. Amendment of Act 22 of 1964.- In the Karnataka Municipalities Act, 1964 (Karnataka Act 22 of
1964),-
(i) after section 94, the following shall be inserted, namely:-
“94A. Exemption of property tax on building and land of ex-servicemen.- (1) Notwithstanding anything contained in the foregoing provisions of this Chapter, the Municipal Council may exempt fifty percent of the property tax on any one of the land or building belonging to an ex-serviceman or family of a deceased ex-serviceman, in the manner as may be prescribed.
Explanation.- For the purpose of this section,-
(a) “ex-serviceman” means a person who has served in any rank in the regular Army, Navy and Air Force of the Union and includesa person who has served in Defence Security Corps, the General Reserve Engineering Force, the Lok Sahayak Sena and Para Military Forces;
(b) “family of the deceased ex-serviceman” means the father, mother, the surviving spouse and minor children of the deceased ex-serviceman:
Provided that in respect of a building, it must be used by the ex-serviceman or member of the family of a deceased ex-serviceman for the purpose of their residence:
Provided further that the ex-serviceman or his family as the case may be shall submit a certificate from Sainik Welfare Board, Karnataka that he,-
(i) is an ex-serviceman or as the case may be he is a member of the family of the deceased ex-serviceman;
(ii) is a permanent resident of Karnataka; and
(iii) is residing in such building.
(2) It shall be open to the Municipal Council to collect service charges for providing civic amenities and for general or special services rendered at such rates as may be prescribed.”
(ii) in section 101,-
(a) in sub-section (2),-
(1) in clause (a),-
(i) for the words “and not more than two percent”, the words “not more than three percent” shall be substituted;
(ii) the proviso shall be omitted.
(2) in clause (b), the proviso shall be omitted;
(3) in clause (c), for the words, figures and brackets “and not more than 0.2 percent (rupees two per thousand)”, the words, figures and brackets “not more than 0.5 percent (rupees five per thousand)" shall be substituted;
(4) in clause (d), for the words, figures and brackets "and not more than 0.05 percent (rupees fifty per lakh)”, the words, figures and brackets “and not more than 0.1 percent (rupees hundred per lakh)” shall be substituted;
(5) in clause (e), for the words, figures and brackets “and not more than 0.02 percent (rupees twenty per lakh)”, the words, figures and brackets “not more than 0.1 percent (rupees one hundred per lakh” shall be substituted.
(b) sub-section (2-A) shall be omitted;
(iii) in section 102 A, in the first proviso, the words and figures “upto 30 percent” shall be omitted.
3. Amendment of Act 14 of 1977.- In the Karnataka Municipal Corporations Act, 1976 (Karnataka Act 14 of 1977),-
(i) in section 108, in sub-section (2),-
(1) in clause (a), for the words “and not more than two percent”, the words “and not more than three percent” shall be substituted;
in clause (c),-
(i) in sub-clause (i), for the words, figures and brackets “and not more than 0.2 percent (rupees two hundred per lakh)”, the words, figures and brackets “and not more than 0.5 percent (rupees five hundred per lakh)" shall be substituted;
(ii) in sub-clause (ii), for the words, figures and brackets “and not more than 0.05 percent (rupees fifty per lakh)”, the words, figures and brackets “and not more than 0.1 percent (rupees one hundred per lakh)” shall be substituted;
(iii) in sub-clause (iii), for the words, figures and brackets “ and not more than 0.02 percent (rupees twenty per lakh)”, the words, figures and brackets “and not more than 0.1 percent (rupees one hundred per lakh)” shall be substituted.
(ii) in section 110, after sub-section (1), the following shall be inserted, namely:-
“(1A) Notwithstanding anything contained in the foregoing provisions of this Chapter, the Corporation may exempt fifty percent of the property tax on any one of the land or building belonging to an ex-serviceman or family of a deceased ex-serviceman, in the manner as may be prescribed.
Explanation.- For the purpose of this sub-section,-
(a) “ex-serviceman” means a person who has served in any rank in the regular Army, Navy and Air Force of the Union and includes a person who has served in Defence Security Corps, the General Reserve Engineering Force, the Lok Sahayak Sena and Para Military Forces;
(b) “family of the deceased ex-serviceman” means the father, mother, the surviving spouse and minor children of the deceased ex-serviceman:
Provided that in respect of a building, it must be used by the ex-serviceman or member of the family of a deceased ex-serviceman for the purpose of their residence:
Provided further that the ex-serviceman or his family as the case may be shall submit a certificate from Sainik Welfare Board, Karnataka that he,-
(i) is an ex-serviceman or as the case may be he is a member of the family of the deceased ex-serviceman;
(ii) is a permanent resident of Karnataka; and
(iii) is residing in such building.”
(iii) after section 295, the following shall be inserted, namely:-
“295A. Obligation to provide for rain water harvesting structure.- Every owner or occupier of a building having sital area of not less than 2400 square feet or every owner who propose to construct a building on a sital area of not less than 1200 square feet shall provide rain water harvesting structure for storage for reuse or for ground water recharge within such date as may be notified by the State Government in such manner and subject to such conditions as may be provided in the rules and guidelines issued by the Corporation.
Explanation.- For the purpose of this section,-
(a) “rain water harvesting” means collection and storage of rain water from roof top of a building or from a vacant land for reuse or for ground water recharge; and
(b) “ground water recharge” means recharging of open well or the under ground water table as the case may be, by use of harvested rain water.
Provided that nothing in this section shall apply to the buildings already provided with rainwater harvesting structure in accordance with section 72 A of the Bangalore Water Supply and Sewerage Act, 1964.”
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