THE KARNATAKA MUNICIPAL CORPORATIONS AND CERTAIN OTHER LAW (SECOND AMENDMENT) ACT, 2012
(Received the assent of the Governor on the Twenty Seventh day of August, 2012)
KARNATAKA ACT NO. 31 OF 2012
(First published in the Karnataka Gazette Extra-ordinary on the Thirtieth day of August, 2012)
An Act further to amend the Karnataka Municipal Corporations Act, 1976 and the Karnataka Municipalities Act, 1964.
Whereas it is expedient further to amend the Karnataka Municipal Corporations Act, 1976 (Karnataka Act 14 of 1977) and the Karnataka Municipalities Act, 1964 (Karnataka Act 22 of 1964) for the purposes hereinafter appearing;
Be it enacted by the Karnataka State Legislature in the sixty third year of the Republic of India, as follows:-
1. Short title and commencement.- (1) This Act may be called the Karnataka Municipal Corporations and Certain Other Law (Second Amendment) Act, 2012.
(2) It shall come into force from such date as the State Government may, by notification, appoint and different dates may be appointed for different provisions of this Act.
2. Amendment of the Karnataka Act 14 of 1977.- In the Karnataka Municipal Corporations Act, 1976 (Karnataka Act 14 of 1977),-
(i) after section 103B, the following shall be inserted, namely:-
“103C. Levy of Urban Transport Cess.- (1) There shall be levied and collected an Urban Transport Cess at such rates not more than two percent on the property tax levied and collected under section 103 or 108A of this Act and which shall be rounded off to nearest rupee.
(2) Nothing in this section shall affect the operation of the provisions of any other Act and the levy of Urban Transport Cess under this Act is in addition to, and not in lieu of, any other tax or cess that may be levied under any other law for the time being in force.
(3) All money collected in the form of Urban Transport Cess shall be credited to the Urban Transport Fund created under section 149A.
(4) The State Government may by rules prescribe, the manner of collection, maintenance and application of the Urban Transport Fund.”
(ii) after section 149, the following shall be inserted, namely:-
“149A.- Urban Transport Fund.- (1) There shall be constituted a Fund called the Urban Transport Fund which shall consist of,-
(i) Urban Transport Cess collected under section 103C of this Act and section 94A of the Karnataka Municipalities Act, 1964 (Karnataka Act 22 of 1964);
(ii) all grants received from the State Government and Central Government, if any; and
(iii) any other receipts, interest or any other form of income to this fund.
(2) The Urban Transport Fund shall be utilized for,-
(i) co-ordinated planning, projects formulation and implementation relating to urban transport and their integrated management;
(ii) conducting studies, research, promotion and compaign to encourage for use of public transport;
(iii) capacity building in the urban local bodies, parastatal agencies and in the State Government; and
(iv) any other purpose as may be prescribed by the State Government.
(3) The Directorate of Urban Land Transport shall be the Secretariat to administer the fund constituted under sub-section (1).
(4) The accounts of all receipts and expenditure arising out of the Urban Transport Fund shall be kept in such manner and in such form as may be prescribed.
(5) The State Government shall appoint one of its officers as the auditor who shall subject to supervision and control of the Controller of State Accounts conduct audit of the Urban Transport Fund and he shall have access to all books of Accounts and to all receipts and expenditure relating to the Urban Transport Fund and the Director of Urban Land Transport or as the case may be the Director of Municipal Administration or Commissioner of the Corporation or any officer of Municipal Corporation, Municipality or Municipal Council shall furnish to him any information concerning any receipt of expenditure which may be required by him.
(6) The Director of Urban Land Transport shall prepare Annual Report of the operation of the Fund and furnish the report to the State Government for laying before each House of the State Legislature. Audit report and compliance in this regard shall also be laid before each House of the Legislature.”
3. Amendment of the Karnataka Act 22 of 1964.- In the Karnataka Municipalities Act, 1964 (Karnataka Act 22 of 1964), after section 94, the following shall be inserted, namely:-
“94A. Levy of Urban Transport Cess.- (1) There shall be levied and collected an Urban Transport Cess at such rates not more than two percent on the property tax collected under section 94 of this Act and which shall be rounded of to the nearest rupee.
(2) Nothing in this section shall affect the operation of the provisions of any other Act and the levy of Urban Transport Cess under this Act is in addition to, and not in lieu of, any other duty or cess that may be levied under any other law for the time being in force.
(3) All money collected in the form of Urban Transport Cess shall be credited to the Urban Transport Fund created under section 149A of the Karnataka Municipal Corporations Act, 1976 (Karnataka Act 14 of 1977).
(4) The State Government may by notification, make rules to prescribe the manner of collection of cess, maintenance and application of the Urban Transport Fund.”
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