KARNATAKA HOUSING BOARD ACT, 1962

10 of 1963

STATEMENT OF OBJECTS AND REASONS [KARNATAKA ACT No. 10 OF 1963] Karnataka Gazette, dated 23-8-1962 The Karnataka Housing Board Act, 1955 and the Karnataka Labour Housing Act, 1949, are in force in the Mysore Area; and the Bombay Housing Board Act, 1948, is in force in the Bombay Area. The Hyderabad Housing Board Act, 1956 has been enacted by the Hyderabad Legislature, but has not been brought into force in the Hyderabad Area. There is no such legislation in the Madras Area and the Coorg District. The jurisdiction and activities of the Karnataka Housing Board are now confined to the Mysore Area only and the housing activities of the other integrated areas are being looked after by a Special Officer appointed by Government. With a view to bringing the entire State under the purview of one uniform law this Bill is proposed. It is expected that by this measure, the difficulties now felt in the successful implementation of the housing schemes in the entire State would be overcome. STATEMENT OF OBJECTS AND REASONS [KARNATAKA ACT No. 10 OF 1974] Karnataka Gazette, Extraordinary, dated 4-3-1974 In order to ensure better implementation of Karnataka Housing Board Act, 1962, it is considered necessary to amend the Act, providing that. (i) the number of members of the Board be increased to 15 from 12; (ii) the Chairman and other members shall hold office during the pleasure of the State Government instead of for three years; (iii) the Housing Commissioner a Chief Engineer and a Secretary be appointed by the State Government instead of by the Board and the Housing Commissioner be invested with the powers of a Major Head of Department; (iv) the State Government may authorise the delegation by the Housing Commissioner to such person or class of persons specified in a notification of any powers conferred or duties imposed upon him by or under the Act; (v) investing revisional powers with the State Government in respect of certain matters. A Bill for some of the purposes was introduced in the Assembly. The Bill was not taken up for consideration by the House. As the Assembly only was in session and as it was considered necessary take immediate action an Ordinance was promulgated on 3rd November, 1973 incorporating the provisions of the Bill with certain modifications. The Bill seeks to replace the Ordinance. STATEMENT OF OBJECTS AND REASONS [KARNATAKA ACT No. 8 OF 1988] Karnataka Gazette, Extraordinary, dated 5-2-1988 It is considered necessary to amend the Karnataka Housing Board Act, 1962 to provide for the following. (i) To frame land development schemes and to implement the said schemes; (ii) The Board at present consists of a Chairman and fifteen other members to be appointed by the Government. Since it is felt necessary to have a change in the composition of the Board it is proposed to have a Chairman appointed by the Government and twelve other members, of whom seven are official members, and five non-official members appointed by the Government; (iii) To delegate powers of the Board to the Housing Commissioner or other officers of the Board; (iv) At present the Local authorities like the Municipal Corporations, City or Town Municipal Councils or Mandal Panchayats are not evincing interest in providing basic civic amenities like street light, water supply, etc., in the areas where the Board has constructed houses and the Board is forced to provide such amenities with the fund available with it. It is, therefore, considered necessary to provide for exercising certain powers under the Karnataka Municipalities Act, 1964, Karnataka Municipal Corporations Act, 1976 and the Karnataka Zilla Parishads, Taluk Panchayat Samithis, Mandal Panchayats and Nyaya Panchayats Act, 1983 by the Board and the Housing Commissioner; (v) To enhance the financial powers of the Board and the Commissioner; (vi) To evict from Board premises the persons who have failed to pay the instalments of loan due to the Board; (vii) To recover arrears of instalments as arrears of land revenue; (viii) To enable the Board to borrow money to carry out the purposes of the Act and also to mortgage by way of security of its properties for loans so borrowed; (ix) To establish a sinking fund to repay the loan borrowed by the Board. Opportunity is also taken to make certain consequential changes. Hence the Bill. STATEMENT OF OBJECTS AND REASONS [KARNATAKA ACT No. 13 OF 1999] Karnataka Gazette, Extraordinary, dated 31-3-1999 It is considered necessary to amend the Karnataka Housing Board Act, 1962 to provide for thirty per cent representation to women among the nominated members of the Karnataka Housing Board. Hence the Bill.

An Act to provide for measures to be taken to deal with and satisfy the need of housing accommodation. Whereas, it is expedient to take such measures, to make such schemes and to carry out such works as are necessary for the purpose of dealing with and satisfying the need of housing accommodation and with that object in view it is necessary to establish a Board for the State of Karnataka and to make certain other provisions. Be it enacted by the Karnataka State Legislature in the Thirteenth Year of the Republic of India as follows:

CHAPTER 1 Preliminary

Section1 Short title, extent and commencement

(1) This Act may be called the Karnataka Housing Board Act, 1962.

(2) It extends to the whole of the State of Karnataka.

(3) It shall come into force on such date as the State Government may, by notification, appoint.

Section2 Definitions

2 Definitions

In this Act, unless the context otherwise requires.

(a) "Board" means the Housing Board constituted under Section 3;

(b) "Board premises" means any premises belonging to or vesting in the Board or taken on lease by the Board or entrusted to the Board

under this Act for management and use for the purpose of this Act;

(d) "Bye-laws" means bye-laws made under Section 77;

(e) "Chairman" means the Chairman of the Board;

(f) "Competent Authority" means any person authorised by the State Government, by notification to perform the functions of the Competent Authority under Chapter VI for such area as may be specified in the notification;

(g) "Corporation" means a Municipal Corporation established under any law for the time being in force in the State;

11. Clause (g-1) inserted by Act No. 8 of 1988. [(g-1) "District", "District Court" and "District Judge" respectively mean in the case of the Bangalore Metropolitan Area, "the City of Bangalore", "the City Civil Court and a Judge" as defined in the Bangalore City Civil Court Act, 1979 (Karnataka Act 13 of 1980).]

22. Clause (g-1) as inserted by Act No. 10 of 1974, w.e.f. 3-11-1973 relettered as clause (g-2) by Act No. 8 of 1988. [(g-2) "Housing Commissioner" meas, the Officer appointed under Section 10.]

(h) "Housing scheme" means a housing scheme under this Act;

(i) "Land" includes benefits to arise out of land and things attached to the earth or permanently fastened to anything attached to the earth;

33. Clause (i-1) inserted by Act No. 8 of 1988. [(i-1) "Land Development Scheme" means a scheme framed under this Act for the purpose of providing house sites in any Area;]

(j) "Member" means a member of the Board;

(k) "Notification" means a notification published in the Official Gazette;

(l) "Premises" means any building or part of a building and includes.

(i) gardens, grounds and out-houses, if any, appertaining to such building or part of a building; and

(ii) any fittings affixed to such building or part of a building for the more beneficial enjoyment thereof;

(m) "Prescribed" means prescribed by rules;

(n) "Programme" means the annual housing programme 44. Inserted by Act No. 8 of 1988. [and land development programme] prepared by the Board under Section 19;

(o) "Regulations" means regulations made under Section 76;

(p) "Rent" means the amount payable to the Board in respect of the occupation of a Board premises 11. Substituted for the words "and includes" by Act No. 8 of 1988. [but includes] the charges for water and electricity payable in respect of water and electricity used or consumed in the premises.

(q) "Rules" means rules made under Section 74;

(r) "Secretary" means the Secretary of the Board;

(s) "Tribunal" means the Tribunal specified under Section 40; and

(t) "Year" means the year commencing on the 1st day of April and ending on the 31st day of March.

CHAPTER 2 Establishment of the Board

Section3 Constitution of the Board

(1) With effect from such date as the State Government may, by notification, appoint in this behalf, there shall be established for the purposes of this Act, a Board by the name of the Karnataka Housing Board which shall be a body corporate having perpetual succession and a common seal and may sue and be sued in its corporate name and shall subject to the provisions of this Act, be competent to acquire, hold and dispose of property both movable and immovable and to contract and do all things necessary for the purposes of this Act.

22. Sub-section (2) substituted by Act No. 8 of 1988. [(2) The Board shall consist of the following members, namely.

(a) a Chairman who shall be appointed by the State Government;

(b) the Secretary to Government, in charge of Housing, Government of Karnataka;

(c) the Secretary to Government, Finance Department, Government of Karnataka;

(d) the Chief Engineer (Communication and Building (South);

(e) the Director of Town Planning, Government of Karnataka; Army Corporation;

(f) Chairman and Managing Director, Karnataka Land;

(g) the Housing Commissioner;

(h) a nominee of the Housing and Urban Development Corporation not below the rank of a Regional Chief; and

(i) five non-official members appointed by the State Government 33. Inserted by Act No. 13 of 1999, w.e.f. 31-12-1999. [of which two shall be women.]

44. Sub-section (2-A) inserted by Act No. 10 of 1974 and shall be deemed to have come into force w.e.f. 3-11-1973. [(2-A) The names of members appointed including the Chairman shall be notified in the Official Gazette.]

(3) 11. Substituted for the words "Any member" by Act No. 8 of 1988. [Any Non-official member] of the Board 22. Inserted by Act No. 10 of 1974 and shall be deemed to have come into force w.e.f. 3-11-1973. [including the Chairman] may at any time resign his office by submitting his resignation to the State Government: Provided that the resignation shall not take effect until it is accepted.

(4) For the purpose of this Act and the Land Acquisition Act, 1894, the Board shall be deemed to be a Local Authority.

Section4 Leave of absence of Chairman

The State Government may from time to time, grant to the Chairman such leave as may be admissible under the rules and any person whom the State Government appoints to act for the Chairman during such absence on leave shall, while so acting, be deemed for all purposes of this Act to be the Chairman.

Section5 Disqualification for appointment on Board

(1) A person shall be disqualified for being appointed or for continuing as the Chairman or member of the Board, if he. (a) holds any office or place of profit under the Board; (b) is of unsound mind and stands so declared by a competent Court; (c) is an undischarged insolvent; (d) has directly or indirectly by himself or by any partner, any share or interest in any contract or employment with, by or on behalf of, the Board; or (e) is a Director or a Secretary, Manager or other Salaried Officer of any incorporated company which has any share or interest in any contract or employment with, by or on behalf of the Board.

(2) A person shall not be disqualified under clause (d) or (e) of sub-section (1) or be deemed to have any share or interest in any contract or employment within the meaning of the said clauses, by reason only of his or the incorporated company of which he is a Director, Secretary, Manager or other Salaried Officer, having a share or interest in any newspaper in which any advertisement relating to the affairs of the Board is inserted.

(3) A person shall not be disqualified under clause (d) or (e) of sub-section (1) or be deemed to have any share or interest in any incorporated company which has any share or interest in any contract or employment with, by or on behalf of, the Board, by reason only of his being a shareholder of such company:

Provided that such person discloses to the State Government the nature and extent of the shares held by him.

Section6 Term of office and conditions of service

33. Section 6 substituted by Act No. 10 of 1974 and shall be deemed to have come into force w.e.f. 3-11-1973. (1) The Chairman and every other member shall hold office during the pleasure of the State Government.

(2) Subject to the provisions of sub-section (1), the Chairman and every other member shall hold office for three years from the date of their appointment, but they shall be eligible for reappointment.

(3) The Chairman and every other member shall receive such allowances as may be prescribed.

(4) The allowances to the Chairman and the other members shall be paid from the funds of the Board and such allowances and other conditions of service shall be such as may be prescribed.]

Section7 Vacancy of a member

11. Substituted for the words "If a member" by Act No. 10 of 1974 and shall be deemed to have come into force w.e.f. 3-11-1973. [If the Chairman or any other member].

(a) becomes subject to any of the disqualifications mentioned in Section 5; or

(b) tenders his resignation in writing to the State Government; or

(c) is absent without the permission of the Board from all the meetings of the Board for three successive ordinary meetings, he shall 22. Substituted for the words "cease to be a member" by Act No. 10 of 1974 and shall be deemed to have come into force w.e.f. 3-11-1973. [cease to be the Chairman or a member].

Section8 Vacancy to be filled as early as practicable

(1) 33. Substituted for the words "Any vacancy of a member of the Board" by Act No. 10 of 1974 and shall be deemed to have come into force w.e.f. 3-11-1973. [Any vacancy in the Office of the Chairman or of a member] shall be filled in as early as practicable.

(2) Notwithstanding anything contained in this Act, the continuing members may during such vacancy act, as if no vacancy had occurred.

Section9 Proceedings presumed to be good and valid

No disqualification of, or defect in the appointment of, any person acting as a Chairman or a member of the Board shall be deemed to vitiate any act or proceeding of the Board, if such act or proceeding is otherwise in accordance with the provisions of this Act.

Section10 Appointment and powers of Housing Commissioner, Chief Engineer and Secretary

44. Sections 10 and 10-A substituted for Section 10 by Act No. 10 of 1974 and shall be deemed to have come into force w.e.f. 3-11-1973. (1) The State Government shall appoint an Officer not below the rank of a Deputy Commissioner to be the Housing Commissioner for the Board.

(2) The State Government shall from among its Officers appoint a Chief Engineer and a Secretary to the Board.

(3) The Housing Commissioner, the Chief Engineer and the Secretary shall receive such monthly salary and other allowances payable wholly by the Board as the State Government may, from time to time determine.

(4) The State Government may, from time to time grant, leave of absence for such period as it thinks fit to the Housing Commissioner, the Chief

(5) The Housing Commissioner shall be the Chief Executive and Administrative Officer of the Board. He shall, in addition to performing such functions as are conferred on him by or under this Act or under any law for the time being in force, operate the accounts of the Board and be responsible for the maintenance of accounts of the Board. He shall also be responsible for implementing the 11. Substituted for the words "housing schemes and labour housing schemes" by Act No. 8 of 1988. [housing schemes, land development schemes and labour housing schemes] of the Board.

(6) The Housing Commissioner shall have all the powers of a major Head of the Department of the State Government under the Karnataka Civil Services Rules for the time being in force as respects the Officers and the servants of the Board.

(7) The Chief Engineer and the Secretary shall exercise such powers and perform such functions as the Board may, subject to any general or special order of the State Government specify from time to time.

Section10A Officers and servants of the Board

(1) Subject to such rules as may be made under this Act, the Board may have such Officers and servants as are necessary for its purposes. In making these appointments it shall be the duty of the appointing authority to reserve adequate number of posts for the Scheduled Castes, Scheduled tribes and other backward classes of citizens in the same manner and to the same extent as are applicable to recruitment to the State Civil Services.

(2) The emoluments, allowances and other conditions of service of the Officers and servants referred to in sub-section (1) shall be the same as are applicable to the Officers and servants of the State Government governed by the Karnataka Civil Services Rules except as otherwise prescribed.

(3) The Karnataka Public Service Commission shall exercise the same functions as respects the services of the Board as the said Commission exercises under Article 320 of the Constitution of India as respects the services of the State and Every appointment to posts carrying a maximum monthly salary exceeding rupees two hundred, other than those prescribed, shall be made in consultation with the Karnataka Public Service Commission:

Provided that this sub-section shall not apply to an officiating or temporary appointment for an aggregate period not exceeding one year:

Provided further that no appointment shall be made contrary to the advice of the said Commission except with the approval of the State Government.]

Section11 General disqualification of all Officers and servants

No person who has directly or indirectly by himself or his partner or agent, any share or interest in any contract, by or on behalf of the Board or in any employment under, by or on behalf of the Board, otherwise than as an Officer or servant thereof, shall become or remain an Officer or servant of the Board.

Section12 Appointment of committees

Subject to any rules made under this Act, the Board may, from time to time, and for any particular local area appoint one or more committees for the purpose of discharging such duties or performing such functions as it may delegate to them and any such committee may discharge such duties or perform such functions with due regard to the circumstances and requirements of that particular area.

Section13 Meetings of the Board

The Board shall meet and shall from time to time make such bye-laws with respect to the day, time, place, notice, management and adjournment of its meetings as it thinks fit, subject to the following provisions, namely.

(a) an ordinary meeting shall be held once at least every two months;

(b) the Chairman may, whenever he thinks fit, call for special meetings;

(c) the quorum for every meeting shall be 11. Substituted for the word "eight" by Act No. 8 of 1988. [seven];

22. Clause (cc) inserted by Act No. 8 of 1988. [(cc) If any member being the Secretary to Government is unable to attend any meeting of the Board, he may under intimation to the Chairman, authorise any Officer not below the rank of a Deputy Secretary, in writing to do so.]

(d) every meeting shall be presided over by the Chairman and in his absence, by any member chosen by the members present at the meeting to preside for the occasion;

(e) all questions at any meeting shall be decided by a majority of the members present and voting and in case of equality of votes the person presiding shall have and exercise a second or casting vote;

(f) the minutes of the proceedings of each meeting shall be recorded in a book to be provided for the purpose.

Section14 Power to make contracts

The Board may enter into and perform or require the performance of all such contracts as it may consider necessary or expedient for carrying out any of the purposes of this Act.

Section15 Execution of contracts

(1) Every contract shall be made on behalf of the Board by the 33. Substituted for the word "Chairman" by Act No. 10 of 1974 and shall be deemed to have come into force w.e.f. 3-11-1973. [Housing Commissioner]:

Provided that.

(a) no contract involving an expenditure of rupees 44. Substituted for the words "five lakhs" by Act No. 8 of 1988. [fifty lakhs] and more shall be made without the previous sanction of the State Government;

(b)

(i) no contract involving an expenditure of rupees 11. Substituted for the words "twenty-five thousand" by Act No. 8 of 1988. [ten lakhs] and more shall, subject to clause (a), be made without the previous sanction of the Board;

(ii) no estimate or tender involving an expenditure of rupees 22. Substituted for the words "twenty-five thousand" by Act No. 8 of 1988. [ten lakhs] and more shall, subject to clause (a), be sanctioned or accepted without the previous sanction of the Board.

(2) Sub-section (1) shall apply to every variation or abandonment of a contract or estimate as well as to an original contract or estimate.

(3) Every contract made by the 33. Substituted for the word "Chairman" by Act No. 10 of 1974 and shall be deemed to have come into force w.e.f. 3-11-1973. [Housing Commissioner] on behalf of the Board shall, subject to the provisions of this section, be entered into in such manner and form as may be prescribed.

(4) A contract not made or executed as provided in this section and the rules made thereunder shall not be binding on the Board.

Section16 Delegation

44. Section 16 substituted by Act No. 10 of 1974 and shall be deemed to have come into force w.e.f. 3-11-1973. 55. Section 16 renumbered as sub-section (1) thereof by Act No. 8 of 1988. [(1)] The State Government may, by notification, authorise the delegation by the Housing Commissioner to such person or class of persons and subject to such conditions as may be specified in such notification, of any powers conferred or duties imposed upon him by or under this Act.]

66. Sub-section (2) inserted by Act No. 8 of 1988. [(2) The Board may, by notification, direct that any power exercisable by it under this Act except the power to make regulations may also be exercised by the Housing Commissioner or such other Officer of the Board as may be specified in the notification subject to such restrictions and conditions as may be specified therein.]

CHAPTER 3 Housing Schemes And Land Development Schemes

Section17 Duty of Board to undertake housing schemes and land development schemes

88. Inserted by Act No. 8 of 1988. Subject to the provisions of this Act and subject to the control of the State Government, the Board may incur expenditure and undertake works in any area for the framing and execution of such housing schemes 99. Inserted by Act No. 8 of 1988. [and land development schemes] as it may consider necessary from time to time, or as may be entrusted to it by the State Government.

Section18 Matter to be provided for by housing schemes

Notwithstanding anything contained in any other law for the time being in force, a housing scheme may provide for all or any of the following matters, namely.

(a) the acquisition by purchase, exchange or otherwise of any property necessary for or affected by the execution of the scheme;

(b) the laying or relaying out of any land comprised in the scheme;

(c) the distribution or redistribution of sites belonging to owners of property comprised in the scheme;

(d) the closure or demolition of dwellings unfit for human habitation;

(e) the demolition of obstructive buildings or portions of buildings;

(f) the construction and reconstruction of buildings, their maintenance and preservation;

(g) the sale, letting or exchange of any property comprised in the scheme;

(h) the construction and alteration of streets and back lanes;

(i) provision for the draining, water-supply and lighting of the area included in the scheme 11. Inserted by Act No. 8 of 1988. [and carrying out by the Board in such area, drainage, sewerage and water supply works];

(j) the provision of parks, playing-fields and open spaces for the benefit of any area comprised in the scheme and the enlargement of existing parks, playing-fields, open spaces and approaches;

(k) the provision of sanitary arrangements required for the area comprised in the scheme, including the conservation and prevention of any injury or contamination to rivers or other sources and means of water-supply;

(l) the provision of accommodation for any class of inhabitants;

(m) the advance of money for the purposes of the scheme;

(n) the provision of facilities for communication and transport;

(o) the collection of such information and statistics as may be necessary for the purposes of this Act;

(p) any other matter for which, in the opinion of the State Government, it is expedient to make provision with a view to provide housing accommodation and to the improvement or development of any area comprised in the scheme or the general efficiency of the scheme.

Section18A Matters to be provided for by Land Development Schemes

22. Section 18-A inserted by Act No. 8 of 1988. Notwithstanding anything contained in any other law for the time being in force, a Land Development Scheme may within the limits of the area comprised in the scheme, provide for all or any of the following matters, namely.

(a) the acquisition by purchase, exchange or otherwise, of any land which in the opinion of the Board will be necessary for or affected by the execution of scheme;

(b) laying or re-laying of all or any land comprised in the scheme and formation and alteration of streets;

(c) drainage, water supply and electricity and carrying out by the Board in the area included in the scheme, drainage sewerage and water supply works;

(d) the distribution or redistribution of sites comprised in the scheme;

(e) raising the level of any land which the Board may consider expedient to raise to facilitate better drainage;

(f) forming open space for the better ventilation of the area comprised in the scheme or any adjoining area;

(g) sanitary arrangements required;

(h) sites for Parks, Playgrounds, Stadium, recreation grounds, School buildings, Markets, Motor Vehicles Stands, Theatres, Police Stations, Post Offices, Co-operative Societies, Public Urinals and Latrines, Petrol Service Stations, Hospitals, Dispensaries, Banks, Burial and Cremation Grounds and Sites for public purposes of other kinds.]

Section19 Preparation and submission of annual housing programme and land development programme budget and establishment schedule

(1) Before the First day of December in each year, the Board shall prepare and forward.

(i) a programme;

(ii) a budget for the next year;

(iii) a schedule of the staff of Officers and servants already employed and to be employed during the next year; to the State Government in such form as may be prescribed.

(2) The programme shall contain.

(a) such particulars of 22. Substituted for the words "housing schemes and labour housing schemes" by Act No. 8 of 1988. [housing schemes, land development schemes and labour housing schemes] which the Board proposes to execute whether in part or whole during the next year as may be prescribed;

(b) the particulars of any undertaking which the Board proposes to organise or execute during the next year for the purpose of the production of building materials; and

(c) such other particulars as may be prescribed.

(3) The budget shall contain a statement showing the estimated receipts and expenditure on capital and revenue accounts for the next year.

Section20 Sanction to programme, budget and establishment schedule

The State Government may sanction the programme, the budget and the schedule of the staff of Officers and servants forwarded to it with such modifications as it deems fit.

Section21 Publication of sanctioned programme

The State Government shall publish the programme sanctioned by it under Section 20 in the Official Gazette.

Section22 Supplementary programme and budget

The Board may, at any time, during the year, in respect of which a programme has been sanctioned under Section 20 submit a supplementary programme and budget and the additional schedule of the staff, if any, to the State Government and the provisions of Sections 20 and 21 shall apply to such supplementary programme.

Section23 Variation of programme by Board after it is sanctioned

The Board may, at any time, vary any programme or any part thereof included in the programme sanctioned by the State Government:

Provided that no such variation shall be made if it involves an expenditure in excess of 11. Substituted for the words "ten per cent" by Act No. 8 of 1988. [twenty per cent] of the amount as originally sanctioned for the execution of any housing scheme 22. Inserted by Act No. 8 of 1988. [or land development scheme] included in such programme or affects its scope or purpose.

Section24 Sanctioned housing schemes and land development schemes to be executed

44. Section 24 renumbered as sub-section (1) thereof by Act No. 10 of 1974 and shall be deemed to have come into force w.e.f. 3-11-1973. [(1)] After the programme has been sanctioned and published by the State Government under Sections 20 and 21, the Board shall, subject to the provisions of Section 23, proceed to execute the 55. - Substituted for the words "housing schemes and labour housing schemes" by Act No. 8 of 1988. [housing schemes, land development schemes and labour housing schemes] included in the programme.

66. Sub-section (2) inserted by Act No. 10 of 1974 and shall be deemed to have come into force w.e.f. 3-11-1973. [(2) The Board shall not execute any 77. Substituted for the words "housing scheme or labour housing scheme" by Act No. 8 of 1988. [housing scheme, land development scheme and labour housing scheme] unless the same has been sanctioned by the State Government.]

Section25 Transfer to the Board for purposes of housing scheme or land development scheme of land vested in a corporation, a municipal council or a mandal Panchayat

(1) Whenever any street, square or other land, or any part thereof, which.

(a) is situated in a City and is vested in the municipal corporation of such City, or

(b) is situated in any part of a municipality constituted under any law relating to municipalities and is vested in the municipal council, municipal committee or other municipal body of that municipality, or

(c) is situated in any area included within the jurisdiction of a 33. Substituted for the words "taluk development board" by Act No. 8 of 1988. [taluk development boards], town board, sanitary board or 44. Substituted for the words "village Panchayat" by Act No. 8 of 1988. [mandal Panchayat] constituted under any law relating to taluk development boards, town boards, sanitary boards, or 55. Substituted for the words "Village Panchayats" by Act No. 8 of 1988. [mandal Panchayats] and is vested in such 66. Substituted for the words "taluk development board" by Act No. 8 of 1988. [taluk development boards], town board, sanitary board or the 77. Substituted for the words "village Panchayat" by Act No. 8 of 1988. [mandal Panchayat], is within the area included in the programme sanctioned by the State Government and is required for the purposes of such housing scheme 88. Inserted by Act No. 8 of 1988. [or land development scheme], the Board shall give notice accordingly to the corporation, municipal council, municipal committee or municipal body, 99. Substituted for the words "taluk development board" by Act No. 8 of 1988. [taluk development boards], town board, sanitary board or the 1010. Substituted for the words "village Panchayat" by Act No. 8 of 1988. [mandal Panchayat], as the case may be.

(2) Where the corporation, municipal council, municipal committee, or municipal body, 1111. The words "taluk development board" omitted by Act No. 8 of 1988. [x x x x x], town board, sanitary board or 1212. Substituted for the words "village Panchayat" by Act No. 8 of 1988. [mandal Panchayat] concurs, such street, square or other land or part thereof shall vest in the Board.

(3) Where there is any dispute, the matter shall be referred to the State Government. The State Government shall, after hearing the corporation, municipal council, municipal committee or municipal body, 1313. The words "taluk development board" omitted by Act No. 8 of 1988. [x x x x x], town board or sanitary board or 1414. Substituted for the words "village Panchayat" by Act No. 8 of 1988. [mandal Panchayat] concerned, decide the matter. The decision of the State Government shall be final. If the State Government decides that such street, square or land shall vest in the Board, it shall vest accordingly.

(4) Nothing in this section shall affect the rights or powers of the corporation, municipal council, municipal committee or municipal body, 1515. The words "taluk development board" omitted by Act No. 8 of 1988. [x x x 11. Substituted for the words "village Panchayat" by Act No. 8 of 1988. [mandal Panchayat] in or over any drain or water work in such street, square or land.

Section26 Compensation in respect of land vested in the Board

(1) Where any land vests in the Board under the provisions of Section 25 and the Board makes a declaration that such land shall be retained by the Board only until it revests in the corporation, the municipal council, municipal committee, or municipal body, the 22. The words "taluk development board" omitted by Act No. 8 of 1988. [x x x x x], town board, sanitary board, or the 33. Substituted for the words "village Panchayat" by Act No. 8 of 1988. [mandal Panchayat], as the case may be, as part of a street or an open space under Section 29, no compensation shall be payable by the Board to the corporation, the municipal council, municipal committee, or municipal body, the 44. The words "taluk development board" omitted by Act No. 8 of 1988. [x x x x x], town board, sanitary board, or the 55. Substituted for the words "village Panchayat" by Act No. 8 of 1988. [mandal Panchayat] in respect of that land.

(2) Where any land vests in the Board under Section 25 and no declaration is made under sub-section (1) in respect of the land, the Board shall pay to the corporation, the municipal council, municipal committee or municipal body, 66. The words "taluk development board" omitted by Act No. 8 of 1988. [x x x x x], town board, sanitary board, or 77. Substituted for the words "village Panchayat" by Act No. 8 of 1988. [mandal Panchayat], as the case may be, as compensation, a sum equal to the value of such land.

(3) If, in any case where the Board has made a declaration in respect of any land under sub-section (1), the Board retains or disposes of the land contrary to the terms of the declaration so that the land does not revest in the corporation, the municipal council, municipal committee or municipal body, the 88. The words "taluk development board" omitted by Act No. 8 of 1988. [x x x x x], town board, sanitary board, or 99. Substituted for the words "village Panchayat" by Act No. 8 of 1988. [mandal Panchayat], as the case may be, the Board shall pay to the corporation, the municipal council, municipal committee or municipal body, the 1010. The words "taluk development board" omitted by Act, No. 8 of 1988. [x x x x x], town board, sanitary board, or the 1111. Substituted for the words "village Panchayat" by Act No. 8 of 1988. [mandal Panchayat], compensation in respect of such land in accordance with the provisions of sub-section (2).

Section27 Power of Board to turn or close public street vested in it

(1) The Board may turn, divert, discontinue the public use of, or permanently close, any public street vested in it or any part thereof.

(2) Whenever the Board discontinues the public use of, or permanently closes, any public street vested in it or any part thereof, it shall, as far as practicable, provide some other reasonable means of access to be substituted in lieu of the use, by those entitled, of the street or part thereof and pay reasonable compensation to every person who is entitled, otherwise than as a mere member of the public to use such street or part as a means of access and has suffered damage from such discontinuance or closing.

(3) In determining the compensation payable to any person under subsection (2), the Board shall make allowance for any benefit accruing to him

(4) When any public street vested in the Board is permanently closed under sub-section (1), the Board may sell or lease so much of the same as is no longer required.

Section28 Reference to Tribunal in case of dispute under

Section 26 or Section 27

If there is any dispute as to whether any compensation is payable under Section 26 or Section 27 or as to the amount of compensation payable under Section 26 or Section 27, as the case may be, the matter shall be referred to the Tribunal.

Section29 .

Vesting in the corporation, municipal council, municipal committee or other municipal body 11. The words "taluk development board" omitted by Act No. 8 of 1988. [x x x x x], town board, sanitary board or 22. Substituted for the words "village Panchayat" by Act No. 8 of 1988. [mandal Panchayat] of streets laid out or altered and open space provided by the Board under housing scheme 33. Inserted by Act No. 8 of 1988. [or land development scheme].

(1) Whenever the State Government is satisfied.

(a) that any street laid out or altered by the Board has been duly levelled, paved, metalled, flagged, channelled, sewered and drained in the manner provided in the programme sanctioned by the State Government under Section 20; and

(b) that such lamps, lamp-posts and other apparatus as the corporation, the municipal council, the municipal committee or other municipal body, he 44. The words "taluk development board" omitted by Act No. 8 of 1988. [x x x x x], town board, sanitary board or 55. Substituted for the words "village Panchayat" by Act No. 8 of 1988. [mandal Panchayat], as the case may be, considers necessary for the lighting of such streets and as ought to be provided by the Board have been so provided, and

(c) that water and other sanitary convenience have been duly provided in such street, the State Government may declare the street to be a public street, and the street shall thereupon vest in the corporation, municipal council, municipal committee or other municipal body, 66. The words "taluk development board" omitted by Act No. 8 of 1988. [x x x x x], town board, sanitary board or 77. Substituted for the words "village Panchayat" by Act No. 8 of 1988. [mandal Panchayat], as the case may be.

(2) When any open space for purposes of ventilation or recreation has been provided by the Board in executing any housing scheme 88. Inserted by Act No. 8 of 1988. [or land development scheme], it shall on completion be transferred to the Local Authority concerned, by resolution of the Board, and shall thereupon vest in, and be maintained at the expense of, the Local Authority.

(3) If any difference of opinion arises between the Board and the corporation, municipal council, municipal committee or other municipal body, 11. The words "taluk development board" omitted by Act No. 8 of 1988. [x x x x x], town board, sanitary board or 22. Substituted for the words "village Panchayat" by Act No. 8 of 1988. [mandal Panchayat], in respect of any matter referred to in the foregoing provisions of this section, the matter shall be referred to the State Government whose decision shall be final.

Section30 Other duties of the Board

It shall be the duty of the Board to take measures with a view to expediting and cheapening construction of buildings and the Board may for that purpose do all things for.

(a) unification, simplification and standardisation of building materials;

(b) encouraging prefabrication and mass production of house components;

(c) organising or undertaking the production of building materials required for the housing schemes;

(d) encouraging research for discovering cheap building materials and evolving new methods of economic construction;

(e) securing a steady and sufficient supply of workmen trained in the work of construction of buildings.

Section31 Reconstitution of plots

A 33. Substituted for the words "housing scheme or a labour housing scheme" by Act No. 8 of 1988. [housing scheme, land development scheme or a labour housing scheme] may provide.

(a) for the formation of a reconstituted plot by the alteration of the boundaries of an original plot;

(b) with the consent of the owners that two or more original plots each of which is held in ownership in severally or in joint ownership shall, with or without alteration of boundaries, be held in ownership in common as a reconstituted plot; and

(c) for the allotment of a plot to any owner dispossessed of land in furtherance of the housing scheme 44. Inserted by Act No. 8 of 1988. [or land development scheme].

Section32 Schemes entrusted to Board by Government, etc

(1) The provisions of Sections 18 to 24 (both inclusive) shall not be applicable to any 55. Substituted for the words "housing scheme or a labour housing scheme" by Act No. 8 of 1988. [housing scheme, land development scheme or a labour housing scheme] entrusted to the Board by the State Government except to such extent and subject to such modifications as may be specified in any general or special order made by the State Government, and every such order shall be published in the Official Gazette.

(2) Notwithstanding anything contained in this Act, the Board shall not be competent to carry on any trading or financing activity for profit,

Section32A Board and the Housing Commissioner to exercise powers and functions under the Karnataka Acts 22 of 1964, 14 of 1977 and 20 of 1985

11. Section 32-A inserted by Act No. 8 of 1988. [(1) In any area or part thereof to which this Act applies, the State Government may, by notification, declare that from such date and for such period as may be specified therein and subject to such restrictions and modifications, if any, as may be specified in the notification.

(i) the power and functions of the Corporation, Municipal Council or a Mandal Panchayat or a standing committee thereof, under the Karnataka Municipalities Act, 1964, Karnataka Municipal Corporations Act, 1976 and the Karnataka Zilla Parishads, Taluk Panchaya Samithis, Mandal Panchayats and Nyaya Panchayats Act, 1983, shall be exercised and discharged by the Board; and

(ii) The powers and functions of the Commissioner of the Corporation, the Municipal Commissioner, Chief Officer of the Municipal Council or the Secretary of the Mandal Panchayat, as the case may be, shall be exercised and discharged by the Housing Commissioner: Provided that the Corporation, the Municipal Council or the Mandal Panchayat concerned shall be consulted before the making of such declaration, if such area or part thereof lies within the limits of a City, a City or a Town Municipality or a mandal.

(2) On the making of the declaration under sub-section (1), notwithstanding anything contained in any other law for the time being in force, the Corporation, the Municipal Council or the Mandal Panchayat or any standing committee thereof or the Commissioner of the Corporation, the Municipal Commissioner or Chief Officer of the Municipal Council or the Secretary of the Mandal Panchayat shall not be competent to exercise and discharge the powers or functions conferred or imposed on the Board or the Housing Commissioner as the case may be, by such declaration.

(3) The Board or the Housing Commissioner may delegate any of the powers exercisable and functions that may be discharged by it or him under sub-section (1) to any Officer or servant of the Board.

(4) The exercise of discharge of any of the powers or functions delegated under sub-section (3) shall be subject to such limitations, conditions and control, as may be laid down by the Board or the Housing Commissioner, as the case may be.]

CHAPTER 4 Acquisition and Disposal of Land

Section33 Power to purchase or lease by agreement

(1) The Board may enter into an agreement with any person for the acquisition from him by purchase, lease or exchange, or any land which is needed for the purposes of a housing scheme 11. Inserted by Act No. 8 of 1988. [or land development scheme] or any interest in such land or for compensating the owners of any such right in respect of any deprivation thereof or interference therewith:

Provided that the previous approval of the State Government shall be obtained in case of purchase or exchange involving land worth more than rupees 22. Substituted for the words "twenty-five thousand" by Act No. 8 of 1988. [ten lakhs] or lease for more than five years.

(2) The Board may also take steps for the compulsory acquisition of any land or any interest therein required for the execution of a housing scheme 33. Inserted by Act No. 8 of 1988. [or land development scheme] in the manner provided in the Land Acquisition Act, 1894, as modified by this Act and the acquisition of any land or any interest therein for the purposes of this Act shall be deemed to be acquisition for a public purpose within the meaning of the Land Acquisition Act, 1894.

Section34 Betterment charges

(1) When by the making of a housing scheme 44. Inserted by Act No. 8 of 1988. [or land development scheme] any land in the area comprised in the scheme will in the opinion of the Board be increased in value, the Board in framing the scheme may declare that betterment charges shall be payable by the owner of the land or any person having an interest therein in respect of the increase in value of the land from the execution of the scheme.

(2) Such increase in value shall be the amount by which the value of the land on the completion of the execution of the scheme estimated as if the land were clear of the buildings exceeds the value of the land prior to the execution of the scheme estimated in like manner and the betterment charges shall be one-half of such increase in value.

(3) Such betterment charges shall also be leviable in respect of any land not comprised in the scheme but adjacent to the area comprised in the scheme.

(4) Notwithstanding anything contained in sub-sections (1) and (3), in respect of any land used for agricultural purposes at the time of the execution of the schemes the betterment charges shall be leviable by the Board in accordance with such procedure as may be prescribed, only after such land is used, or converted for use, for non-agricultural purposes.

Section35 Notice to persons liable for betterment charges

(1) The Board shall give notice in the prescribed form to any person who is the owner of or has interest in the land in respect of which the betterment charges are to be levied and shall give such person an opportunity to be heard.

(2) After hearing such person or if such person fails to appear after the expiry of the period within which such person is required to appear before the Board, the Board shall proceed to assess the amount of betterment charges.

(3) Where the assessment of betterment charges proposed by the Board is accepted by the person concerned within the period prescribed, the assessment shall be final.

(4) If the person concerned does not accept the assessment proposed by the Board, the matter shall be referred to the Tribunal.

(5) The Tribunal shall, after holding an inquiry and after hearing the person concerned, assess the amount of the betterment charges payable by the person.

Section36 Agreement for payment of betterment charges

(1) Any person liable to pay betterment charges in respect of any land may at his option, instead of paying the same to the Board, execute an agreement with the Board to leave the payment outstanding as a charge on his interest in the land, subject to the payment in perpetuity of interest at such rate as may be prescribed.

(2) Every payment due from any person in respect of betterment charges and every charge referred to in sub-section (1) shall, notwithstanding anything contained in any other enactment and notwithstanding the execution of any mortgage or charge, created either before or after the commencement of this Act be the first charge upon the interest of such person in such land.

Section37 Recovery of betterment charges

All sums payable in respect of any land by any person in respect of betterment charges under Section 34 or by any person under an agreement under Section 36 shall be recoverable on behalf of the Board as an arrear of land revenue.

Section38 Power to dispose of land

Subject to any rules made by the State Government under this Act, the Board may retain, lease, sell, exchange or otherwise dispose of, any land, building or other property vesting in it and situate in the area comprised in any housing scheme 11. Inserted by Act No. 8 of 1988. [or land development scheme] sanctioned under this Act.

Section39 Disputes regarding reconstitution of plots

(1) Where by the making of a housing scheme 22. Inserted by Act No. 8 of 1988. [or land development scheme] any plots comprised in the area included in the scheme are reconstituted or any person is dispossessed, the Board shall after making such inquiry as it thinks fit award to the person affected by such reconstitution or dispossession such compensation as it deems reasonable. If the person is dissatisfied with the decision of the Board in the matter, he may inform the Board accordingly. The Board shall thereupon refer the matter to the Tribunal.

(2) The Tribunal shall then after making an inquiry determine the amount of compensation and direct the Board to pay the same to the person entitled.

CHAPTER 5 Tribunal

Section40 Tribunal

The Tribunal shall be the District Judge having jurisdiction in the area concerned.

Section41 Duties of the Tribunal

The Tribunal shall.

(a) decide whether any compensation is payable under Section 26;

(b) decide the amount of compensation in matters referred to it under Section 28;

(c) decide disputes relating to betterment charges referred to it under Section 35;

(d) decide disputes and the amount of compensation to be awarded under Section 39; and

(e) decide such other matters as may be prescribed by the rules made in this behalf.

Section42 Powers of and procedure before Tribunal

(1) In making enquiries the Tribunal shall have and exercise, as far as may be, the same powers and follow the same procedure as under the Code of Civil Procedure, 1908.

(2) Every order made by the Tribunal for the payment of money and for the delivery of the possession or removal of any structure shall be enforced by the District Court as if it were the decree of the said Court.

(3) The proceedings before the Tribunal shall be deemed to be judicial proceedings within the meaning of Sections 193 and 228 of Indian Penal Code.

Section43 Decision of Tribunal to be final

The decision of the Tribunal on any matter referred to it under this Act shall, subject to the provision of Section 44, be final.

Section44 Appeal to the High Court

The Board or any person aggrieved by a decision of the Tribunal may within three months from the date of the decision, or such further time as the High Court may for sufficient cause allow, appeal to the High Court and the High Court shall pass such orders on the appeal as it thinks fit.

CHAPTER 6 Power to evict persons from Board Premises

Section45 Power to evict certain persons from Board premises

(1) If the Competent Authority is satisfied.

(a) that the person authorised to occupy any Board premises has.

(i) not paid rent lawfully due from him in respect of such premises for a period of more than two months; or

11. Sub-clause (i-a) inserted by Act No. 8 of 1988. [(i-a) not paid any of the instalments of loan due from him to the Board in respect of such premises for a period of more than two months from the due date, or;]

(ii) sub-let, without the permission of the Board, the whole or any part of such premises; or

(iii) otherwise acted in contravention of any of the terms, express or implied, under which he is authorised to occupy such premises; or

(b) that any person is in unauthorised occupation of any Board premises, the Competent Authority may, notwithstanding anything contained in any law for the time being in force, by notice served (i) by post, or (ii) by affixing a copy of it on the outer door or some other conspicuous part of such premises, or (iii) in such other manner as may be prescribed, order that that person as well as any other person who may be in occupation of the whole or any part of the premises, shall vacate them within one month from the date of the service of the notice:

Provided that no such order shall be passed unless the person has been afforded an opportunity to show cause why such order should not be made.

(2) If any person refuses or fails to comply with an order made under sub-section (1), the Competent Authority may evict that person from, and take possession of, the premises and may for that purpose use such force as may be necessary.

(3) If a.person, who has been ordered to vacate any premises under sub-clause (i) 22. Inserted by Act No. 8 of 1988. [or (i-a)] or (iii) of clause (a) of sub-section (1), within Thirty days of the date of service of the notice or such longer time as the Competent Authority may allow, pays to the Board the rent in arrears 33. Inserted by Act No. 8 of 1988. [or any instalment of loan in arrears] or carries out or otherwise complies with the terms contravened by him to the satisfaction of the Competent Authority, as the case may be, the Competent Authority shall, in lieu of evicting such person under sub-section (2), cancel its order made under sub-section (1) and thereupon such person shall hold the premises on the same terms on which he held them immediately before such notice was served on him.

Section46 Power to recover rent, damages, instalments of loan or other dues as arrears of land revenue

44. Inserted by Act No. 8 of 1988. (i) Subject to any rules made by the State Government in this behalf and without prejudice to the provisions of Section 45, where any person is in arrears of rent payable in respect of any Board premises 55. Inserted by Act No. 8 of 1988. [or any arrears of instalment of loan or other dues payable to the Board] the Competent Authority may, by notice served (i) by post, or (ii) by affixing a copy of it on the outer door or some other conspicuous part 11. Inserted by Act No. 8 of 1988. [or arrears of instalment of loan or other dues] within the time specified in the notice, such arrears may be recovered as arrears of land revenue 22. Inserted by Act No. 8 of 1988. [or by distraint and sale of movable property of the defaulter by such Officer, in such manner and in accordance with such procedure as may be prescribed.]

(2) Where any person is in unauthorised occupation of any Board premises, the Competent Authority may, in the prescribed manner, assess such damages on account of the use and occupation of the premises as it may deem fit, and may by notice served (i) by post, or (ii) by affixing a copy of it on the outer door or some other conspicuous part of such premises, or (iii) in such other manner as may be prescribed, order that person to pay the damages within such time as may be specified in the notice. If any person refuses or fails to pay the damages within the time specified in the notice, the damages may be recovered from him as arrears of land revenue.

Section47 Rent to be recovered by deductions from salary or wages in certain cases

(1) Without prejudice to the provisions of Section 45 any person who is an employee of the State Government or a Local Authority and who has been allotted any Board premises, may execute an agreement in favour of the State Government providing that the State Government or the Local Authority, as the case may be, under or by whom he is employed, shall be competent to deduct from the salary or wages payable to him such amount as may be specified in the agreement and to pay the amount so deducted to the Board in satisfaction of the rent due by him in respect of the Board premises allotted to him.

(2) On the execution of such agreement, the State Government or Local Authority, as the case may be, shall, if so required by the Board by requisition in writing, make the deduction of the amount specified in the requisition from the salary or wages of the employees specified in the requisition in accordance with the agreement and pay the amount so deducted to the Board.

Section48 Appeal

(1) Any person aggrieved by an order of the Competent Authority under Section 45 or Section 46, may, within thirty days from the date of the service of the notice under Section 45 or Section 46, as the case may be, prefer an appeal to the District Judge of the District in which the premises of the Board are situated or such other Judicial Officer in that District of not less than ten years' standing as the State Government may designate in this behalf:

Provided that the Appellate Officer may entertain the appeal after the expiry of the said period of Thirty days, if he is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.

(2) Where an appeal is preferred under sub-section (1), the Appellate Officer may stay the enforcement of the order of the Competent Authority for such period and on such conditions as he deems fit.

(3) Every appeal under this section shall be disposed of by the appellate Officer as expeditiously as possible.

Section49 Finality of orders

Save as otherwise expressly provided in this Act, every order made by a Competent Authority or Appellate Officer under this Chapter shall he final and shall not be called in question in any original suit, application or execution proceedings.

CHAPTER 7 Finance, Accounts and Audit

Section50 Board's fund

(1) The Board shall have a fund called the Housing Board Fund.

(2) The Board may accept grants, subventions, donations and gifts from the Central Government or State Government or a Local Authority or any individual or body, whether incorporated or not, for all or any of the purposes of this Act.

11. Sub-section (3) omitted by Act No. 8 of 1988. [(3) x x x x x.]

(4) All moneys received by or on behalf of the Board by virtue of this Act, all proceeds of land or any other kind of property sold by the Board, all rents, and all interest, profits and other moneys accruing to the Board, shall constitute the Housing Board Fund.

(5) Except as otherwise directed by the State Government, all moneys and receipts specified in the foregoing provisions and forming part of the fund of the Board shall be deposited in the Reserve Bank of India or in any Schedule Bank or invested in such securities as may be approved by the State Government.

22. Sub-section (6) omitted by Act No. 10 of 1974 and shall be deemed to have come into force w.e.f. 3-11-1973. [(6) x x x x x.]

Explanation. For the purposes of this section, the Reserve Bank of India shall mean the Reserve Bank of India constituted under the Reserve Bank of India Act, 1934, and a Scheduled Bank shall mean a bank included in the Second Schedule to the said Act.

Section51 Application of the Fund

All property, the Housing Board Fund, and all other assets vesting in the Board shall be held and applied by it, subject to the provisions and for the purposes of this Act.

Section52 Expenditure in case of urgency, etc

(1) Where in the opinion of the Board circumstances of extreme urgency have arisen, it shall be lawful for the Board to make for the purposes of this Act in any year, expenditure not exceeding 33. Substituted for the words "five thousand rupees" by Act No. 8 of 1988. [rupees one lakh], notwithstanding the fact that such expenditure has not been included in its annual programme or supplementary

(2) Where any sum is expended under circumstances of extreme urgency as provided in sub-section (1), a report thereof indicating the source from which it is proposed to meet the expenditure shall be made by the Board as soon as practicable to the State Government.

(3) The Board may, within the budget sanctioned by State Government, approve appropriations not exceeding 11. Substituted for the words "five thousand rupees" by Act No. 8 of 1988. [rupees one lakh] from one subhead to another and from one minor head to another under the same major head and submit a statement of such reappropriations to the State Government.

Section53 Subventions and loans to the Board

(1) The State Government may from time to time make subventions to the Board for purposes of this act on such terms and conditions as the State Government may determine.

(2) The State Government may from time to time advance loans to the Board on such terms and conditions not inconsistent with the provisions of this Act as the State Government may determine.

Section54 Power of Board to borrow

22. Sub-section (1) substituted by Act No. 8 of 1988. (1) Subject to the provisions of the Act and to such conditions as may be prescribed, the Board may from time to time borrow money required to carry out the purpose of this Act from any Scheduled Bank or a Corporation owned or controlled by the Government of India or the State Government.]

(2) The rules made by the State Government for the purposes of this section may empower the Board to borrow by the issue of debentures and to make arrangements with bankers.

(3) All debentures issued by the Board shall be in such form as the Board, with the sanction of the State Government may from time to time determine.

(4) Every debenture shall be signed by the Chairman and one other member of the Board.

(5) Loans borrowed and debentures issued under this section may be guaranteed by the State Government as to the repayment of principal and the payment of interest at such rate as may be fixed by the State Government.

33. Sub-section (6) inserted by Act No. 8 of 1988. [(6) The Board shall be competent to mortgage by way of security any of its properties for loan obtained from the Housing and urban Development Corporation, New Delhi or from any Scheduled Bank or from any other recognised Housing Financial Institutions.]

Section54A Mode of repaying loan

44. Sections 54-A and 54-B inserted by Act No. 8 of 1988. Every loan obtained by the Board shall be repaid within the period and in the manner agreed upon by the Board.

(a) from a sinking fund established for the purpose under Section 54-B; or

(b) from money borrowed for the purpose; or

(c) partly from the sinking fund established under Section 54-B and partly from the money borrowed for the purpose.

Section54B Establishment of a sinking fund

(1) The Board may establish a sinking fund for the purpose of repayment of loans borrowed by it.

(2) The amounts to be paid into the sinking fund and the mode of payment shall be as may be prescribed.

(3) All moneys paid into the sinking fund shall be invested in Government securities or fixed deposits with Scheduled Bank.]

Section55 Account and audit

(1) The Board shall cause to be maintained proper books of accounts and such other books as the rules under this Act may require and shall prepare in accordance with such rules an annual statement of accounts.

(2) The Board shall cause its accounts to be audited annually by such persons as the State Government may direct.

(3) As soon as the accounts of the Board have been audited, the Board shall send a copy thereof together with a copy of the report of the auditor thereon to the State Government; and shall cause the accounts to be published in the prescribed manner and place copies thereof on sale at a reasonable price. 11. Inserted by Act No. 8 of 1988. [The audited accounts and the report shall be laid before each

(4) The Board shall comply with such directions as the State Government may after perusal of the report of the auditor think fit to issue.

Section56 Concurrent and special audits of accounts

(1) Notwithstanding anything contained in Section 55, the State Government may order that there shall be concurrent audit of the accounts of the Board by such person as it thinks fit. The State Government may also direct a special audit to be made by a Chartered Accountant appointed by it of the accounts of the Board relating to any particular transaction or a class or series of transactions or to a particular period.

(2) When an order is made under sub-section (1), the Board shall present or cause to be presented for audit such accounts and shall furnish to the person appointed under sub-section (1) such information as the said person may require for the purpose of audit.

CHAPTER 8 Labour Housing

Section57 Interpretation

(1) For the purpose of this Chapter.

(a) "Employee" means any person who is employed for hire or reward to do any work skilled or unskilled, manual or clerical, in any factory as defined in the Factories Act, 1948, or in any mine as defined in the Mines Act, 1952, or in any textile mill, or in any iron and steel works, or in any tobacco manufactory; and also includes any person declared by notification by the State Government to be an employee for the purposes of this Chapter;

(b) "Employer" means any person who employs whether directly or through another person, or whether on behalf of himself or any other person, one or more employees, and includes.

(i) in a factory, the owner or occupier of the factory and includes the managing agent of such owner or occupier, the legal representative of a deceased owner or occupier and where a person has been named as a manager of the factory under clause (f) of sub-section (1) of Section 7 of the Factories Act, 1948, the person so named;

(ii) in any employment under any Local Authority, the person appointed by such authority for the supervision and control of employees or where no person is appointed, the chief Executive Officer of the Local Authority;

(iii) in any other case, any person responsible for the supervision and control of the establishment;

(c) "Wages" shall have the same meaning as in the Payment of Wages Act, 1936;

(d) "Working class" includes mechanics, artisans, labourers and others working for wages, hawkers, persons not working for wages but working at some trade or handicraft without employing others, except members of their own family and persons other than domestic servants whose income in any case does not exceed on an average one hundred and twenty-five rupees a month, and the families of any such persons who may be residing with them.

(2) In determining for the purposes of this Chapter, whether a house is fit for human habitation, regard shall be had to the extent, if any, to which by reason of disrepair or sanitary defects, the house falls short of any municipal bye-laws or laws in operation in the area in which such house is situated, or of any other provision of law for the time being in force in such area dealing with the construction and drainage of new buildings and the laying out and the construction of new streets or of general standard of housing accommodation for working classes in such area.

Section58 Duty of the Board to undertake labour housing schemes

(1) It shall be the duty of the Board to provide for the welfare of labour by providing proper houses for employees as near as possible to their place of work of such types and designs in accordance with such schemes as the State Government may approve.

(2) The Board may, in addition to preparing and carrying out schemes for the provision of suitable housing accommodation for employees, promote measures directed towards.

(i) the provision of gardens, playgrounds and recreational facilities;

(ii) the improvement of public health and sanitation;

(iii) provision of water supplies and facilities for washing;

(iv) the provision of transport to and from work;

Section59 Provisions regarding housing accommodation

(1) The occupation by any employee of any housing accommodation provided by the Board shall be subject to compliance by that person at all times with such conditions relating to his occupation of such accommodation as may be prescribed.

(2) Before any person occupies any such accommodation, he shall be furnished with a copy of the conditions referred to in sub-section (1), and if he so desires the said conditions shall be read over to him in a language which he understands; and the Board shall cause to be published in such manner as it thinks best adapted for informing the persons concerned any changes which may from time to time be made in the said conditions.

(3) If in the opinion of the Board any person in occupation of any such accommodation fails or ceases to comply with any of the conditions referred to in sub-section (1) it may, by notice in writing, require him to vacate the accommodation on or before such date, not being less than Thirty days after the service of the notice; and the occupation of such accommodation by such person or any dependent of his after the date so specified shall be unlawful and such person or dependent may be evicted accordingly from such accommodation in accordance with the provisions of. Chapter VI.

(4) There shall be payable in respect of the occupation of any such accommodation as aforesaid rent at such rate as may be prescribed taking into consideration.

(i) the cost of construction of the accommodation; and

(ii) the cost of maintenance of the accommodation.

(5)

(i) All rent payable in respect of the occupation of such accommodation as aforesaid shall in the first instance be paid by the employer of the employee occupying the accommodation;

(ii) Notwithstanding anything contained in any other enactment but subject to the provisions of any regulations, if any, under this Act, the employer shall be entitled to recover the rent paid by him under clause (i) by deductions from the wages of the employee concerned, and not otherwise.

Section60 Housing accommodation to be in good habitable condition

(1) It shall be the duty of the Board to keep the housing accommodation under its control in a good habitable condition.

(2) Where the State Government or any Local Authority or any Court notified by the State Government in this behalf, upon consideration of any representation or of a report from any of its Officers or other information received by it, is satisfied that any housing accommodation under the control of the Board is in any respect not in a good habitable condition, it may, unless it is satisfied that it is not capable at a reasonable expense of being brought to a habitable condition, serve upon the Board a notice requiring it, within such reasonable time, not being less than twenty-one days as may be specified in the notice, to execute the works specified in the notice, and stating that in the opinion of the State Government, the Local Authority or the Court, as the case may be, those works will bring the house to a good habitable condition.

(3)

(a) The Board may, within twenty-one days of the service of the notice under sub-section (2) by a Local Authority or a Court, appeal to the State Government or where the notice is served by the State Government apply to it for a review and no proceedings shall be taken by the State Government or the Local Authority or the Court, as the case may be, to enforce the notice before the appeal or the application for review, as the case may be, has been finally determined.

(b) The State Government may, on such appeal or application for review, make an order either confirming or quashing or varying the notice, and such order of the State Government shall be final and conclusive.

(4) If a notice served on the Board under sub-section (1) is not complied with, then, after the expiration of the time specified in the notice or, if an appeal or an application for review has been made against the notice and upon that appeal or application for review the notice has been confirmed with or without variation, after the expiration of twenty-one days from the final determination of the appeal or application for review, or of such longer period as the State Government, in determining the appeal or application for review, may fix, the State Government or the Local Authority or the Court, as the case may be, may itself cause the work required by the notice, or by the notice as varied by the State Government, to be done.

(5) Any expenses incurred by the State Government or a Local Authority or a Court under sub-section (4), together with interest at six per cent per annum, from the date when a demand for the expenses is served until payment, may be recovered from the Board summarily as if the notice of demand were a decree of a Civil Court, and any Civil Court of competent jurisdiction shall execute such notice of demand as if it were a decree of such Court.

Section61 Duty of the Board to inspect working class houses

It shall be the duty of the Board to cause an inspection to be made from time to time of houses occupied by working class people and the areas in which such houses are located with a view to ascertaining whether such houses are fit for human habitation and whether such areas are maintained in a proper condition so as to ensure the safety, health and well-being of working class people.

Section62 Powers of the Board in respect of houses occupied by working class people

The Board may exercise the powers and perform the functions of a Local Authority in accordance with the provisions of Section 60 in respect of houses occupied by working class people of which any person other than the Board is the owner, and the provisions of the said section shall thereupon apply to such houses as if the Board were a Local Authority and the owner of such houses were the Board.

Section63 Power of the Board to acquire insanitary houses, etc

(1) If the Board is satisfied that any house occupied by working class people is unfit for human habitation and not capable at a reasonable expense of being rendered so fit or that in any of the cities or towns which the State Government may, by notification, specify, any area contains fifty or more working class houses and at least one-third of the working class houses in such area are overcrowded or unfit for human habitation and not capable at a reasonable expense of being rendered so fit or so arranged as to be uncongested, the Board may, with the sanction of the State Government, acquire such house or such area and take action as hereinafter provided.

(2) The Board may, subject to the sanction of the State Government, demolish and reconstruct any house acquired under sub-section (1) and may, subject to a like sanction, demolish and reconstruct houses in any area acquired under sub-section (1) or otherwise lay out and use the area for providing any amenities for employees as the State Government may approve.

Section64 Compensation for house unfit for human habitation

Where any land is acquired by the Board under sub-section (1) of Section 63, the compensation payable in respect thereof shall be determined in accordance with the Land Acquisition Act, 1894, subject to the condition that the compensation to be paid for a house unfit for human habitation and not capable at reasonable expense of being rendered so fit, shall be the value of the land as a site cleared of the building.

Section65 Maintenance of public streets by the Board

(1) Where in connection with housing operations of the Board, new buildings are constructed or existing buildings reconstructed or public streets and roads are laid out and constructed or reconstructed in accordance with plans and specifications approved by the State Government, the provisions of any municipal or other law relating to buildings or roads shall not, so far as they are inconsistent with the plans and specifications so approved, apply to those buildings and streets, and notwithstanding the provision of any other Act, any public street or road laid out and constructed in accordance with those plans and specifications may be maintained by the Board.

(2) In respect of the Cities of Bangalore, Mysore and such other areas as may be notified by State Government, the State Government shall not approve for the purposes of sub-section (1) any plans and specifications inconsistent with the provisions of any law relating to buildings or roads in force in the cities of Bangalore, Mysore and such other areas as may be notified by State Government except after consultations with the municipal authorities for the cities and areas on the general question of the relaxation of such provisions in connection with housing operations.

Section66 Conditions relating to housing accommodation provided by employers

Notwithstanding any provision of law for the time being in force, if any employer has provided housing accommodation for his employees, such employer and employees shall comply with such provisions as may be prescribed regulating, (i) the occupation of such accommodation, (ii) the rents payable for such occupation, (iii) the proper maintenance of such accommodation, (iv) the rights and liabilities of the employer and the employees in respect of such accommodation, and (v) the circumstances in which such employees can be evicted from such accommodation.

Section67 Conditions relating to housing accommodation provided by employers after commencement of Act

Save as otherwise provided by this Act, after the commencement of this Act, where any employer provides housing accommodation for his employees, such housing accommodation shall comply, and be in accordance, with such conditions and provisions as may be prescribed.

Section68 Rent payable by employer recoverable as arrear of land revenue

If any employer fails or neglects to pay any rent which under this Act he is liable to pay, the amount so payable may be recovered as if it were an arrear of land revenue.

CHAPTER 9 Miscellaneous

Section69 Reports

The Board shall, before such date and in such form and at such intervals as may be prescribed, submit to the State Government a report on such matters as may be prescribed, and the State Government shall cause such report to be published in the Official Gazette. Every such report which shall include cases where the opinion of the Public Service Commission has not been accepted under the second proviso to sub-section (4) of Section 10, shall be laid before each House of the State Legislature, as soon as may be, after it is published.

Section70 Other statements and returns

The Board shall also submit to the State Government such statistics, returns, particulars or statements in regard to any proposed or existing 11. Substituted for the words "housing schemes or labour housing schemes" by Act No. 8 of1988. [housing schemes, land development schemes or labour housing schemes] at such times and in such form and manner as may be prescribed or as the State Government may from time to time direct.

Section70A Housing Commissioner to furnish returns and reports etc., to the State Government

22. Sections 70-A and 70-B inserted by Act No. 10 of 1974 and shall be deemed to have come into force w.e.f. 3-11-1973. The Housing Commissioner shall furnish to the State Government such reports and returns as such intervals as the State Government may by order direct.

Section70B Power of Board to require returns, reports production of documents, etc

(1) The Board may require the Housing Commissioner to furnish it with.

(a) any return, statement, estimate, statistics or other information regarding any matter pertaining to the administration of this Act;

(b) a report on any such matter; and

(c) a copy of any document in his charge.

(2) The Housing Commissioner shall comply with every requisition without unreasonable delay.]

Section71 Power of entry

33. Substituted for the words "The Chairman or any person either generally or specially authorised by the Chairman" by Act No. 8 of 1988. [The Housing Commissioner or any person either generally or specially authorised by him or the Board] in this behalf may, with or without assistants or workmen, enter into or upon any land, in order.

(a) to make any inspection, survey measurement, valuation inquiry;

(b) to take levels;

(c) to dig or bore into the sub-soil;

(d) to set boundaries and intended lines of work;

(e) to make such levels, boundaries and lines of works and cutting trenches; or

(f) to do any other thing;

whenever it is necessary to do so, for any of the purposes of this Act or any rules made or scheme sanctioned thereunder: Provided that.

(i)                           no such entry shall be made between sunset and sunrise;

(ii) no dwelling house and no public building which is used as a dwelling place, shall be so entered, except with the consent of the occupier thereof, and without giving the said occupier at least twenty-four hours' previous written notice of the intention to make such entry;

(iii) sufficient notice shall in every instance be given, even when any premises may otherwise be entered without notice, to enable the inmates of any apartment occupied by women to remove themselves to some part of the premises where their privacy will not be disturbed;

(iv) due regard shall always be had, so far as may be compatible with the exigencies of the purposes for which the entry is made, to the social and religious usages of the occupants of the premises entered.

Section72 Notice of suit against Board

No person shall commence any suit against the Board, 11. Inserted by Act No. 10 of 1974 and shall be deemed to have come into force w.e.f. 3-11-1973. [Housing Commissioner, Chief Engineer, Secretary] or against any Officer or servant of the Board or any person acting under the orders of the Board, for anything done or purporting to be done in pursuance of this Act, without giving to the Board, 22. Inserted by Act No. 10 of 1974 and shall be deemed to have come into force w.e.f. 3-11-1973. [Housing Commissioner, Chief Engineer, Secretary], Officer or servant or person concerned two months' previous notice in writing of the intended suit and of the cause thereof, nor after six months from the date of the act complained of.

Section73 Triennial valuation of assets and liabilities of the Board

The Board shall triennially have a valuation of its assets and liabilities made by a valuer appointed with the approval of the State Government: Provided that it shall be open to the State Government to direct a valuation to be made at any time it may consider necessary.

Section74 Power to make rules

(1) The State Government may, by notification and subject to the condition of previous publication, make rules for carrying out the purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing power, such rules may be made for all or any of the following purposes, namely

(a) the allowances 11. Substituted for the words "of members" by Act No. 10 of 1974 and shall be deemed to have come into force w.e.f. 3-11-1973. [of the Chairman and other members] and remuneration and conditions of service under Section 6;

(b) the manner and form in which contracts shall be entered into under Section 15;

(c) the form of annual housing programme 22. Inserted by Act No. 8 of 1988. [and land development programme], budget and schedule of staff of Officers and servants, particulars of housing schemes 33. Inserted by Act No. 8 of 1988. [or land development schemes] and other particulars to be contained in the programme under Section 19;

(d) the form of notice under Section 35;

(e) the rate of interest under Section 36;

(f) other matters to be decided by the Tribunal under Section 41;

(g) the forms of notice under Sections 45 and 46 and any other manner in which they may be served;

(h) the procedure to be followed in taking possession of any Board premises under Section 45;

(i) the manner in which damages under Section 46 may be assessed;

(j) the manner in which appeals may be preferred under Section 48 and the procedure to be followed in such appeals;

(k) the conditions subject to which the Board may borrow any sum under Section 54;

(l) the manner of preparation, maintenance and publication of accounts under Section 55;

(m) the date before which, the form in which, the interval at which and the matters on which reports shall be submitted under Section 69;

(n) the time at which and the form and manner in which statistics, returns, particulars and statements shall be submitted under Section 70;

(o) the manner in which the Board shall be superseded and reconstituted under Section 86;

(p) specifying the bye-laws contravention of any of which shall be an offence; and

(q) any other matter which is to be or may be prescribed under this Act.

Section75 Rules and notification to be laid before the State Legislature

Every rule made under this Act and every notification issued under Section 88 shall be laid as soon as may be after it is made or issued, before each House of the State Legislature while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule or notification or both Houses agree that the rule or notification should not be made or issued, the notification or the rule shall thereafter have effect only in which modified form or be of no effect, as the case may be; so however that any such modification or annulment shall be without prejudice to the validity of anything done under that rule or notification.

Section76 Regulations

The Board may from time to time with the previous sanction of the State Government, by notification, make regulations consistent with this Act and with any rules made under this Act.

(a) for the management and use of buildings constructed under any housing scheme;

(b) the principles to be followed in allotment of tenements and premises;

(c) for regulating its procedure and the disposal of its business.

Section77 Power to make bye-laws

(1) The Board may make bye-laws, not inconsistent with this Act and the rules and regulations, which may be necessary or expedient for the purpose of carrying out its duties and functions under this Act.

(2) No bye-law made by the Board shall come into force until it has been confirmed by the State Government with or without modification.

(3) All bye-laws made under this section shall be published in the Official Gazette.

Section78 Penalty for contravention of bye-laws

Whoever contravenes a bye-law made under Section 77 the contravention of which is prescribed as an offence shall, on conviction, be punished with imprisonment for a term which may extend to one month or with fine which may extend to five hundred rupees or with both.

Section79 Penalty for obstructing, etc

(a) obstructs any person with whom the Board has entered into a contract, in the performance or execution by such person of his duty or of anything which he is empowered or required to do under this Act; or

(b) removes any mark set up for the purpose of indicating any level or direction necessary to the execution of works authorised under this Act, he shall, on conviction, be punished with imprisonment for a term which may extend to one month or with fine which may extend to five hundred rupees or with both.

Section80 Authority for prosecution

Unless otherwise provided, no Court shall take cognisance of any offence punishable under this Act except on the complaint of, or upon information received from, the Board or some person authorised by the Board by general or special order in this behalf.

Section81 Certain persons to be public servants

The Competent Authority and all members, Officers and servants of the Board shall be deemed, when acting or purporting to act in pursuance of any of the provisions of this Act, to be public servants within the meaning of Section 21 of the Indian Penal Code.

Section82 Protection of action taken under this Act

No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or purported to be done under this Act.

Section83 Removal of doubt regarding non-applicability of the Karnataka Rent Control Act, 1961

For the removal of doubt, it is hereby declared that the Karnataka Rent Control Act, 1961

(a) shall not apply to any house belonging to or vesting in the Board under or for the purposes of this Act;

(b) shall not apply as against the Board to any tenancies or other like relationship created by the Board in respect of such house; but

(c) shall apply to any house let to the Board.

Section84 Government's power to give directions to Board

The State Government may give the Board such directions as in its opinion are necessary or expedient for carrying out the purposes of this Act, 11. The words "after giving an opportunity to the Board to state its objections, if any, to such directions and after considering the said objections" omitted by Act No. 10 of 1974 and shall be deemed to have come into force w.e.f. 3-11-1973. [x x x x x] and it shall be the duty of the Board to comply with such directions.

Section85 Registration of documents executed on behalf of the Board

11. Section 85 omitted by Act No. 10 of 1974 and shall be deemed to have come into force w.e.f. 3-11-1973. XX X X X.]

Section86 Default in performance of duty

(1) If the State Government is satisfied that the Board has made default in performing any duty imposed on it by or under this Act, it may fix a period for the performance of that duty.

(2) If in the opinion of the State Government, the Board fails or neglects to perform such duty within the period so fixed for its performance, it shall be lawful for the State Government, notwithstanding anything contained in Section 6, to supersede and reconstitute the Board in the prescribed manner.

(3) After the supersession of the Board and until it is reconstituted, the powers, duties and functions of the Board under this Act shall be carried on by the State Government or by such Officer or Officers as the State Government may appoint for this purpose.

Section87 Dissolution of the Board

(1) The State Government may, by notification, declare that with effect from such date as may be specified in the notification, the Board shall be dissolved:

Provided that no such declaration shall be made by the State Government unless a resolution to that effect has been moved in and passed by both Houses of the State Legislature.

(2) With effect from the date specified in the notification under sub-section (1).

(a) all properties, funds, and dues which are vested in and realisable by the Board shall vest in and be realisable by the State Government;

(b) all liabilities enforceable against the Board shall be enforceable against the State Government to the extent of the properties, funds and dues vested in and realised by the State Government.

(3) Nothing in this section shall affect the liability of the State Government in respect of loans or debentures guaranteed under sub-section (5) of Section 54.

Section87A Control by the State Government

11. Section 87-A inserted by Act No. 10 of 1974 and shall be deemed to have come into force w.e.f. 3-11-1973. (1) The State Government shall have general administrative control and supervision over all the activities and affairs of the Board.

(2) The State Government may call for the records of any proceedings of the Board, the Housing Commissioner or any Officer subordinate to the Board, for the purpose of satisfying itself as to the correctness, legality or propriety of such proceedings and may pass such order with respect thereto as it thinks fit.]

Section88 Removal of difficulties

(1) If any difficulty arises in giving effect to the provisions of this Act, in consequence of the transition to the said provisions from the provisions of the Acts in force immediately before the commencement of this Act, the State Government may, by notification, make such provisions as appear to it to be necessary or expedient for removing the difficulty.

(2) If any difficulty arises in giving effect to the provisions of this Act (otherwise than in relation to the transition from the provisions of the Acts in force before the commencement of this Act), the State Government may, by notification, make such provisions, not inconsistent with the purposes of this Act, as appear to it to be necessary or expedient for removing the difficulty.

Section89 Repeal and savings

From the date of establishment of the Board under this Act.

(a) the Karnataka Housing Board Act, 1955 (Karnataka Act XX of 1955); the Karnataka Labour Housing Act, 1949 (Karnataka Act XXVIII of 1949); the Hyderabad Housing Board Act, 1956 (Hyderabad Act XLVI of 1956); and the Bombay Housing Board Act, 1948 (Bombay Act LXIX of 1948) shall stahd repealed;

(b) the properties, rights and liabilities of the Karnataka Housing Board established under the Karnataka Housing Board Act, 1955, shall vest in the Board and the moneys at the credit of the Board's fund constituted under the said Act, and the moneys at the credit of the Karnataka Labour Housing Fund constituted under the Karnataka Labour Housing Act, 1949, shall stand transferred to the Housing Board Fund constituted under this Act; and

(c) subject to the provisions of the preceding clause, the provisions of Sections 6 and 24 of the Karnataka General Clauses Act, 1899 (Karnataka Act III of 1899), shall be applicable in respect of the repeal of the Acts specified in clause (a).

RULE

KARNATAKA HOUSING BOARD (BORROWING SUMS BY ISSUE OF DEBENTURES) RULES, 1967

In exercise of the powers conferred by Section 74 of the Karnataka Housing Board Act, 1962 (Karnataka Act 10 of 1963), the Government of Karnataka hereby makes the following rules, the draft of the same having been published is required by sub-section (i) of the said Section in Notification No. GSR 270, dated 15th June, 1967 in Part IV, Section 2-C(i) of the Karnataka Gazette, dated the 22nd June, 1967, namely.

Rule1 Title and commencement

(1) These rules may be called the Karnataka Housing Board (Borrowing sums by issue of Debentures) Rules, 1967.

(2) They shall come into force at once.

Rule2 Definitions

In these rules unless the context otherwise requires.

(a) "Act" means the Karnataka Housing Board Act, 1962;

(b) "Debenture" means a security document issued by the Board for the borrowed money.

Rule3 Borrowing of sums by the Board

(1) The Board may with the previous sanction of the State Government borrow moneys by issuing debenture, for the purpose of the Act.

(2) The total amount of debenture to be issued, issue price, form of debenture and the date of maturity shall be determined by the Board from time to time with the prior approval of Government.

(3) The rate of interest shall be such as may be fixed from time to time by the State Government.

(4) Debentures issued shall be guaranteed by the State Government as to the repayment of principal and payment of interest.

(5) A sinking fund shall be constituted for redemption of the debentures.

(6) These Debentures are negotiable by endorsement and delivery.

Rule4 Reservation of Debentures

(1) The Board may, with the sanction of the State Government, reserve the debenture bonds for issuing to any particular Bank or Banker.

(2) Brokerage at such rate as may be fixed by the Board from time to time, shall be paid to Banks, Brokers and authorised Agents on their application and also on applications received through them, bearing their seal, provided the total subscription received from them is not less than such sum as may be determined by the Board.

(3) Underwriting Commission at such rates as may be determined by the Board shall be paid to Bankers and Brokers who invest a sum of not less than the minimum amount that may be fixed by the Board.

Rule5 Application

Applications for the issue of debentures shall be made to the Board in the form appended to these rules.

Rule6 Subscriptions

(1) Subscriptions to the debentures may be made by cheques or demand drafts drawn in favour of the Chairman of the Board. In respect of cheques drawn on banks other than those at Bangalore City, commission and collection charges as may be fixed by the Board shall be paid. The debentures shall be issued only after the subscriptions are fully realised.

(2) If the subscriptions exceed the total amount of the debentures to be issued, partial allotment may be made and the balance of the sum paid at the time of application shall be refunded as soon as possible. No interest shall be paid on the amounts so refunded. The Board may, reserve the right to retain the subscriptions received upto ten per cent in excess of the sum floated.

Rule7 Value of Debentures

The debentures shall be issued in denominations of Rs. 100, Rs. 500, Rs. 1,000, Rs. 5,000, Rs. 10,000, Rs. 25,000, Rs. 50,000 and Rs. 1,00,000.

Rule8 Conditions subject to which debentures may be issued

 (1) The interest in the debentures shall be paid half yearly. The interest is subject to the payment of income tax.

(2) The debentures shall be redeemable at par on the dates noted therein and the holder shall have no claim upon the Board for the interest accruing after the expiry of term.

(3) Debentures which by reason of damage sustained have become unfit for circulation shall be replaced at the request of the holder on surrendering the damaged or defaced debenture, provided that the essential marks for genuineness and identity such as the number, the amount, the rate of interest, the date and signature of the Chairman and the member of the Board are still recognisable. Fresh debentures shall also be issued to replace lost or destroyed debentures when in the opinion of the Board, the fact of destruction is proved beyond doubt. When such proof is not produced or when in case of damage the essential marks on the debenture are lost and no longer recognisable, or when the debenture has been lost or has been mislaid, a new debenture may be issued only after the debenture which is alleged to be missing or unrecognisable, has been advertised by the claim and in the manner specified by the Board and is not claimed by any other person.

(4) The re-issue of a debenture shall be made for the same amount under the same number with the addition of the word "Renewed''. A fee of rupee one shall be charged for every renewed debenture thus issued.

APPENDIX 1 Form of Application

Form

of Application

[See

Rule 5]

Karnataka Housing Board

Application for debentures..................per cent

years

19......19

 To

The Chairman,

Karnataka Housing

Board,

Bangalore.

 Dear Sir,

Issue of

1919 Years debentures

Interest at per cent

Issue price Rs

I/We hereby apply for debentures of the face value of Rsof the above issue. Debentures of the denominations noted below may kindly be issued for the amount.

Denomination No. of bonds Amount Rs.     100     500     1,000     5,000     10,000     25,000     50,000     1,00,000    

I/We send herewith/have paid a 'deposit of Rs (Rupees only) through

for the debentures applied for.

 I/We undertake to accept

the same or debenture for any lesser amount. The interest may be made payable

at:

 1...........

2...........

3. At the Chairman's

Office, Bangalore

(by pressing the bonds

on the due dates).

Name/Names in full

In Block letters

Address in full

 Yours faithfully,

 .Signature.

KARNATAKA HOUSING BOARD RULES, 1964

In exercise of the powers conferred by Section 74 of the Karnataka Housing Board Act, 1962 (Karnataka Act 10 of 1963), the Government of Karnataka hereby makes the following rules, the draft of the same having been published as required by sub-section (1) of the said section in Notification No. GSR 345, dated the 7th December, 1964 in Part IV, Section 2-C(i) of the Karnataka Gazette, dated 24th December, 1964.

Rule1 Title

These rules may be called the Karnataka Housing Board Rules, 1964.

Rule2 Definitions

In these rules, unless the context otherwise requires.

(a) "Act" means the Karnataka Housing Board Act, 1962 (Karnataka Act 10 of 1963);

(b) "Form" means a form appended to these rules;

(c) "Government" means the State Government;

(d) "Schedule" means a Schedule appended to these rules;

(e) "Section" means a section of the Act.

Rule3 Allowance to the Chairman and other Members

(1) There shall be paid to the Chairman.

(a) if he is a non-official.

(i) 22. Item (i) omitted by GSR 150, dated 14-5-1974. [x x x x x;]

(ii) travelling allowance at the rates admissible to an Officer of the highest class under Part VIII of the Karnataka Civil Services Rules;

33. Clause (b) substituted by GSR 61, dated 27-2-1971. (b) if he is an Officer of the Government, the salary and allowances admissible to him from rime to time as a member of the State Civil Service or the All India Services as the case may be.

11. Sub-rule (2) substituted by GSR 322, dated 18-7-1967.

(2) A member of the Board shall be entitled to a sitting fee of 22. Substituted for the words "Rupees forty" by GSR 180, dated 26-6-1976. rupees Seventy-five only per day of sitting, and daily allowances and travelling allowance at the rates specified in 'List A' of the Annexure to Annexure-'A' to the Karnataka Civil Service Rules, when he is required to be present at a place in connection with the business of the Board:

Provided that no member whose ordinary place of residence is within the municipal or panchayat limits of the place at which he is required to be present shall draw daily allowance and travelling allowance for attending the business of the Board:

Provided further that no member shall be entitled to both daily allowance and sitting allowance fee for the same day: 33. Third proviso inserted by GSR 44, dated 17-2-1973.

Provided that if the Chairman is an Officer of the Government he shall be entitled to leave in the same manner and subject to the same terms and conditions as are applicable to him from time to time as an Officer of the State Civil Service or the All India Services, as the case may be.

Rule4 Leave to the Chairman

44. Rule 4 omitted by GSR 150, dated 14-5-1974. [x x x x x.]

Rule4A Appointment of Officers and servants of the Board

55. Rule 4-A inserted by SO 1106, dated 7/12-4-1978. It shall not be necessary to consult the Karnataka Public Service Commission before making appointment to the following posts under the Board, namely.

1. Shroffs;

2. Peons;

3. Drivers;

4. Dalayats;

5. Typists;

6. Stenographers;

7. Bill Collectors;

8. Watchman;

9. Gardners;

10. Sweepers; and

11. Appointment of Government Servants on deputation.

Rule5 Condition of service of the Officers and servants of the Board

66. Rule 5 renumbered as sub-rule (1) thereof by GSR 103, dated 20-4-1983.

(1) The Officers and servants of the Board shall be paid after retirement a pension at the same rates and subject to the same conditions as laid down in the Karnataka Civil Services Rules.

77. Sub-rule (2) of Rule 5 inserted by GSR 103, dated 20-4-1983.

(2) The Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957 shall mutatis mutandis, be applicable to the Officers and servants

SCHEDULE A

For Officials of Karnataka Housing Board Authority which may impose penalty as per Rule 8 of K.C.S. (C.C. & .) Rules, 1957

 Class of Posts

 Authority empowered to appoint

 Authority empowered to impose penalties and penalties which he may impose

 Appellate Authority

Authority

 Penalities (Rule 8)

1

 2

 3

 4

 5

 6

1.

 Revenue Officer, General Assistant, Manager and Superintendents

 Housing Commissioner

 Secretary Housing Commissioner

 ii to iv

v to viii

 Housing Commissioner Chairman

2.

 First Division Clerks, Stenographers, Inspectors

 -do-

 -do-

 -do-

 -do-

3.

 Second Division Clerks, Typists, Sheroffs, Telephone Operates, Bill Collectors, Electricians and Drivers

 -do-

 -do-

 -do-

 -do-

4.

 Attenders, Daffedars, Lift Attenders, Gardeners Peons, Cleaners, Watchmen, Sweepers, Blue Printers

 -do-

 -do-

 i to iv

 v to viii

 -do-

For the Staff of Divisional and Sub-Division Offices

5.

 I Division Clerks, Stenographers, II Division Clerks, Inspector, Typists, Drivers, Bill Collectors

 Housing Commissioner

 Executive Engineer,

Housing Commissioner

 ii to iv v to viii

 Housing Commissioner Chairman

6.

 All Class IV Posts

 Housing Commissioner

 Executive Engineer,

Housing Commissioner

 1 to iv v to vii

 Housing Commissioner, Chairman

SCHEDULE B

Officials lent to K.H.B. (Non-Gazetted Officers)

Authority which may impose penalty as per Rule 8 of K.C.S. (C.C. & A.) Rules, 1957

Class of Posts

 Authority empowered to appoint

 Authority empowered to impose penalties and penalties which he may impose

 Appellate Authority

 Authority

 Penalities (Rule 8)

 (1)

 (2)

 (3)

 (4)

 (5)

1.

 Assistant Engineer, Junior Engineer, Draftsman, Tracers (in Head Office)

 Housing Commissioner

 Secretary Housing Commissioner

 ii to iv

 v to viii

 Housing Commissioner Chairman

2.

 Accounts Superintendents Taluk Sheristedarcum

superintendents, I Division Clerk, Stenographers Revenue Inspectors and Surveyors

3.

 II Division Clerks

For the Staff of Divisional and Sub-Division Offices

4.

 Assistant Engineer, Junior Engineer, Draftsman, Tracers, I Division Clerk Stenographers, II Division Clerks

 Housing Commissio ner

 Executive Engineer, Housing Commissioner

 ii to iv v to viii

 Housing Commissioner Chairman]

Rule6 Committees

(1) The Board may appoint from among its members such committees as it may consider necessary.

(2) The number of members of any committee shall not exceed five.

(3) The members of a committee shall hold office during the pleasure of the Board.

(4) Every meeting of a committee shall be presided over by the Chairman if he is a member of the committee and is present and in his absence by any member chosen by the Members present at the meeting to preside for the occasion. If the Chairman is not a member of any committee, the committee shall elect its Chairman.

(5) The quorum for a meeting of a committee shall be one-half of the total number of members of the committee and no quorum shall be necessary for an adjourned meeting.

Rule7 Execution of contracts

(1) Every contract for the execution of any work or the supply of any materials or goods involving an expenditure exceeding five thousand rupees shall be made by affixing the common seal of the Board.

11. Sub-rule (2) of Rule 7 substituted by GSR 42, dated 25/28-1-1978.

(2) For the execution of works or the supply of any materials or goods by or on behalf of or in favour of the Board, the rules and forms prescribed by the Kamataka Public Works Department in respect of tenders and contracts, shall be followed to the extent that they are not inconsistent with the provisions of the Karnataka Housing Board Act and Rules.

Rule8 Preparation and submission of Annual Housing Programme, Housing Scheme, Budget and Establishment Schedule

(i) The Annual Housing Programme shall be prepared in Form I;

(ii) The budget for the next year shall be prepared in Form II; and

(iii) the Schedule of the staff of Officers and servants already employed and to be employed during the year shall be prepared in Form III.

(2) Every hdusing scheme shall be framed by the Board in conformity with the outline Development Plan or the comprehensive Development Plan, as the case may be, made for any area under the Karnataka Town and Country Planning Act, 1961.

Rule9 Disposal of land

(1) The Board may transfer any land vesting in it and situate in the area comprised in any housing scheme to the Government in order to discharge any loan advanced by Government.

(2) Upon such transfer the loan advanced by the Government shall stand reduced by the amount of the market value of the land so transferred plus the amount of charges on the establishment for its maintenance and development.

(3) The Board may lease, sell or otherwise dispose of any land vesting in it subject to such terms and conditions governing the Housing Scheme concerned or as may be determined by the Board in each particular case.

Rule10 Conditions of occupation of Housing Accommodation

The occupation by any employee of any housing accommodation provided by the Board shall be subject to the following conditions, namely.

(a) The employee shall pay monthly rent at such rates as may be fixed from time to time by the Board;

(b) He shall pay such increase in the said monthly rent and other charges as the Board may consider it fit or expedient to impose on account of any increase in rates, taxes, cesses or other service

(c) He shall not allow any refuse to collect in or near the premises and shall keep the said premise and the outer space, and adjacent streets in a clean neat and tidy condition, to the entire satisfaction of the Board;

(d) He shall not make any addition or alterations to the said premises without the previous written permission of the Board. All the alterations and additions (including the fixtures) shall become the property of the Board and upon the termination of the occupancy, the occupant shall not be entitled to remove the same or in case of non-removal to claim any compensation in respect thereof: Provided that the Board shall have the full right to call upon the employee at his expense to remove any such alteration or addition and to restore the said premises to the same condition in which they were at the date of the commencement of the occupation;

(e) He shall not assign, sublet or otherwise transfer the possession of the premises or any part thereof;

(f) He shall not keep or store upon the premises any articles of a combustible or dangerous nature, nor keep any animal or poultry either in the premises or in the compound around it, if any;

(g) He shall allow the Board or its Officers, agents or servants or any other person duly authorised by the Board to enter upon and inspect the premises and to carry out such additions and alterations of work on the premises as may be necessary in the interest of the premises, in the general interest of any of the occupants of houses located in the area or generally in the interest of general management, on any day between sun-rise and sun-set or at any other time if the Board or its Officers, servants or agents, or the persons so authorised consider it necessary to do so;

(h) He shall not cut, lop, or injure trees or large shrubs nor pluck any fruits or flowers, from the trees standing in the compound or thestreet;

(i) He shall at the end of the occupancy or earlier on determination of occupancy peaceably and quietly yield up possession of the premises to the Board in the same condition in which it was at the commencement of the occupancy, reasonable wear and tear being excepted. The question as to what is the reasonable wear and tear shall be decided by the Board and the decision of the Board shall be final and binding. The occupant shall make good the loss or damages, if any, that might have been caused to the premises and the Board shall be entitled to adjust the same from the advance of rent, if available;

(j) He shall pay the stamp and registration charges payable in respect of any document to be executed in favour of the Board;

(k) He shall use and occupy the premises for the purposes of residence only by himself and by the members of his family, and as and whenever required by the Board, furnish full information about the relationship, age and monthly income and such other particulars as the Board may require in respect of all the persons residing with him in the premises;

(l) He shall not be entitled to claim any damage from the Board for the loss, if any, caused by fire or accident or any other reason during his occupation;

(m) He shall not use the premises for purposes other than residential, and shall not use it in such a manner as to cause any inconvenience, nuisance or annoyance to the adjoining occupants or neighbours. The decision of the Competent Authority as to whether any act causes such nuisance or not shall be final and binding on him;

(n) He shall not allow water from any tap to run to waste and shall not throw water or any other thing out of the premises and shall not use or allow to be used bathrooms or any part of the tenement as a latrine or urinal;

(o) If he or any person of his family authorised to occupy the premises ceases to occupy the premises for a continuous period of 14 days without the previous permission in writing of the Board, the permission to occupy shall cease forthwith;

(p) If and whenever the monthly rent fixed under condition (a) or any part thereof shall be in arrears, the same shall be recoverable by the Board as arrears of land revenue and if such rent or any part thereof shall be in arrears, for a period of two months whether the same shall have been legally demanded or not, or if and whenever there shall be breach of any other provision herein contained the right of occupancy shall be deemed to be determined and the Board may thereupon re-enter the premises;

(q) If he commits breach, of any of the provisions contained in conditions (a) to (p) he shall for such period during which such breach is continued also be liable to pay enhanced rent in respect of the said premises at such rate as the Board may from time to time determine;

(r) The amount of advance rent paid by him, if not forfeited for breach of any of the conditions shall be refunded to him after the termination of the occupancy if he shall have duly paid all the rents and fulfilled all the terms herein contained and after deductions of any sums which may be due and payable by him to the Board and in case the dues of the Board exceed the amount of such advance if he undertakes to pay the same immediately. In the event of any deduction of any sum from the said advance during the continuance of the occupation, he shall forthwith on demand pay the amount so deducted and shall throughout the period of occupancy maintain the amount of advance. The advance shall be in cash and shall bear no interest;

(s) Any matter to be decided by the Board may be decided by, and any notice, permission or consent to be given by the Board may be given by, the Competent Authority for the time being or any other Officer duly authorised by the Board and any communication signed by the said Competent Authority or other Officer duly authorised by the Board and addressed to him and sent by registered post or left at the said premises or tendered personally or affixed to any conspicuous part of the said premises shall be considered to be sufficient service;

(t) The occupancy may be terminated by either side giving to the other one months notice in writing. If the occupant leaves the premises without giving such notice he shall be liable to pay one month's rent in lieu of such notice and all other charges due from him as provided herein for the notice period;

(u) If the said premises have been licensed to be occupied by him at a subsidised rent by reason of his being an industrial worker governed by Section 2(1) of the Factories Act, 1948, the license shall cease forthwith as soon as he ceases to be an industrial worker;

(v) The occupancy shall be subject to the provision of the Act, the rules, the regulations and the bye-laws framed thereunder;

(w) He shall be bound by changes in or addition to the aforesaid conditions provided that such changes are made after he is given notice thereof;

(x) He shall execute an agreement on appropriate stamp paper incorporating the above conditions;

(y) He shall be subject to eviction from the Board premises for breach of any of the conditions of occupation under the provisions of the Act.

Rule11 Notices

11. Rule 11 substituted by GSR 322, dated 18-7-1967.

(1) A show Cause Notice under proviso to sub-section (1) of Section 45 shall be in Form IV.

(2) Final notice under sub-section (1) of Section 45 be in Form IV-A.

(3) A Notice under sub-section (1) of Section 46 shall be in Form V.

(4) A notice under sub-section (2) of Section 46 shall be in Form VI.

Rule11A Procedure in appeals

22. Rule 11-A inserted by GSR 322, dated 18-7-1967.

(1) An appeal preferred under Section 48 of the Act shall be in writing, shall set forth concisely the grounds of objection to the order appealed against, and shall be accompanied by a copy of such order.

(2) On receipt of the appeal and after calling for and perusing the record of the proceedings before the Competent Authority, the Appellate Officer

Rule12 Procedure for taking possession

(1) For the purpose of taking possession of the premises under Section 45, the Competent Authority may after issuing the notice required in the said section and after affording reasonable opportunity to the occupant of being heard, enter the premises at any time except before sun-rise or after sun-set.

(2) The Competent Authority may, for purposes of entry under sub-rule (1) break open any lock and take possession of any articles found in the premises in the presence of witnesses, if the person concerned refuses to take possession of such articles.

(3) When the articles are taken possession of under sub-rule (2) a notice shall be issued to the occupant to receive the said articles after paying such custody charges as the Competent Authority may fix in each case.

(4) If the person to whom a notice is issued under sub-rule (3) fails to take possession, the Competent Authority may sell the articles by public auction and hold the proceeds thereof in deposit at the credit of the person concerned.

Rule13 Assessment of damages for un-authorised occupation

(1) In assessing damages for unauthorised occupation of any premises belonging to the Board, the Competent Authority shall take into consideration the following matters namely.

(a) the purpose and the period for which the Board premises were in unauthorised occupation

(b) the nature, size and standard of the accommodation available on such premises;

(c) the rent that would have been realised if the premises had been let out for the period of unauthorised occupation;

(d) any damage done to the premises during the period of unauthorised occupation;

(e) any other matter which in the opinion of the Competent Authority is relevant for the purpose of assessing the damage.

(2) Before assessing the damage the Competent Authority shall give the person in unauthorised occupation an opportunity of being heard

Rule14 Preparation and maintenance of Accounts

11. Sub-rule (1) of Rule 14 substituted by GSR 42, dated 25/28-1-1978.

(1) The forms and registers prescribed under the Karnataka Public Works Accounts Code shall be adopted to the extent that they are not inconsistent with the provisions of the Karnataka Housing Board Act and Rules for maintaining the accounts of the Board in respect of lands and buildings constructed by the Board. In respect of other transactions of the Board, the forms and registers prescribed by the Karnataka Financial Code, 1958, and Manual of Contingent Expenditure shall be adopted to the extent that they are not inconsistent with the provisions of the Karnataka Housing Board Act and Rules.

(2) The Board shall publish its annual statement of Receipts and Expenditure, in the Karnataka Gazette, and shall make available copies of the said accounts for sale at such rates as it may fix from time to time.

Rule15 Fixation of Rent

(1) The rent in respect of housing accommodation provided by the Board to an employee under Section 59 shall be fixed taking into consideration.

(i) the capital cost of the building;

(ii) the cost of maintenance;

(iii) the Municipal taxes payable;

(iv) Charges for Water supply and Electricity; and

(v) Periods during which the premises remain vacant.

(2) The rate of rent may be revised from time to time by the Board.

Rule16 Registers regarding Rent paid by Employer

(1) Every employer for whose employees housing accommodation has been provided by the Board shall maintain a register in Form VII showing details of all deductions made under clause (ii) of sub-section (5) of Section 59.

(2) The entries in such registers shall be verified by an Officer or an Inspector of the Housing Board in respect of every month and shall bear his signature in token of such verification.

Rule17 Manner of Payment of Rent

All rents paid to the Board shall be remitted to the Board by Postal Money Order, cheque or by crediting to a Treasury or Bank authorised to receive payment as may be intimated by the Board.

Rule18 Standard of Accommodation

(1) Whenever an employer provides housing accommodation for his employees after the commencement of the Act, the size of each building shall be in accordance with the specifications is mentioned in Form VIII.

(2) The Housing accommodation shall be provided in areas free from insanitary condition prejudicial to public health.

(3) Each Unit of labour houses shall consist of a front verandah with a pial, a hall, a bed room, a kitchen, a bath and a lavatory.

(4) The accommodation provided shall be subject to inspection by the Officers of the Board from time to time and the employer shall comply with such directions as the said Officers may give regarding the maintenance of the accommodation.

Rule19 Returns to be furnished by the employers

Every employer shall furnish to the Board or to such Officers as the Board may authorise in this behalf, the following returns, namely.

(i) a list of all the houses provided by him to his employees and which have been approved by the Board as being in good habitable condition;

(ii) the number of employees in respect of which no housing accommodation is provided;

(iii) the details of the deductions made from the wages of his employee in respect of rent payable under Section 59.

Rule20 Returns to be furnished by the Board

The Board shall submit to Government the following returns, namely.

(i) Quarterly Progress Reports under the several Housing Schemes in such form as may be laid down by Government from time to time;

(ii) Annual Progress Reports under the several Housing Schemes;

(iii) Demand, collection and balance of rent and loan;

(iv) Copies of the minutes of the Board;

(v) Annual statement of Receipts and Expenditure.

Rule21 Annual statement to be Published

The Annual statement of receipts and expenditure of the Board shall be published in the Karnataka Gazette. Copies of the said account will be sold at such rates as may be fixed by the Board from time to time.

Rule22 Supersession of the Board

(1) Before an order superseding the Board is passed under sub-section (2) of Section 86, the Government shall give the Board an opportunity of being heard and shall specify in the order the reasons for making the order and the date from which the supersession shall take effect.

(2) A copy of the order of supersession shall be served on the Chairman and the members of the Board.

(3) Upon an order of supersession being made the Chairman and all other members of the Board shall as from the date specified in the order vacate their Offices.

22 Supersession of the Board

(1) Before an order superseding the Board is passed under sub-section (2) of Section 86, the Government shall give the Board an opportunity of being heard and shall specify in the order the reasons for making the order and the date from which the supersession shall take effect.

(2) A copy of the order of supersession shall be served on the Chairman and the members of the Board.

(3) Upon an order of supersession being made the Chairman and all other members of the Board shall as from the date specified in the order vacate their Offices.

APPENDIX 1 Housing Programme for the Year

B. Employer's Projects

SI.

No.

 Name of Project

 No. of tenements

 Estimated cost of Project

 Assistance

 Assistance disbursed up to the end of March of previous year

 Loan

 Subsidy

 Total

C. Fresh Projects (in the State Government Sector as well as in the Employers' Sector). Details to be worked out in due course. Lumpsum provision.

 Abstract of Requirements

 Financial positions

 Rs. in lakhs

 Total A

 O.B.

Total B

 Budget Allotment

Total C

 Total funds available for expenditure during

II. Low Income Group Housing Scheme,

(Provision in the State Budget for.............)

Amount required for incomplete works of the Board.

 Name of work

 Estimated Cost

 Outlay to end of March of previous year

Total amount required for incomplete works.

Fresh works proposed for.

Name of work

 Number of houses

 Probable Cost

Spill Over Amount required for completion of  incomplete works Cash loans by the Board to  individuals Total sanction to end of March

of previous year Total payments to end of March  of previous year

Loans to Local bodies Total sanctions to end of March

of previous year Total payments to end of March of previous year.

Fresh Cases

Fresh works

Cash loans to be sanctioned

during the year

Grand Total

O.B.

Allotment for

Total funds available for expenditure during the year.

III. Subsidised Rental Housing Scheme

(Allotment for.................lakhs out of the Plan.

provision of Rs..................lakhs under L.I.G.H. Scheme).

 No. of houses

 Estimated Cost

 Expenditure

(a) Incomplete works

(b) Proposed works

Amount required for incomplete works

Amount required for proposed works.

Financial position.

 O.B. as

Allotment for

 Total funds

available for

expenditure

during the year

IV. Middle Income Group Housing Scheme

(State Budget Provision Rs.............lakhs)

Spill over commitments:

(1) Cash loans to individuals.

Sanctioned

Payments

(2) Loans to Local Bodies

(3) Incomplete works:

SI.

No.

 Name of place

 No. of houses

 Estimated cost

 Outlay to end of March of previous year

Fresh sanctions proposed for:

(1) Cash loans for (pending applications)

individuals

(2) Cash loans for (Pending applications)

Local Bodies

(3) Fresh works to be taken up (details to be

finalised in due course)

 Financial position

O.B.

Allotment for

(Budget provision)

Total Funds available for

expenditure during the

year

V. Plantation Labour Housing Scheme.

Allotment for

 Rs.

 lakhs

Physical target

Houses

APPENDIX 2 FORM

(c) Loans under Plantation Labour Housing Scheme

APPENDIX 3 FORM

FORM III

[See Rule 8]

'A'

Schedule of Staff Provision for 196........196

SI.No. Designation No. of Posts Scale of Pay Pay Conveyance Allowance Dearness Allowance House rent Allowance Special Pay         

'B'

Statement

of details of provision proposed for pay of Officers and fixed contingencies

SI. No. Name Designation Reference to the page of Estimate form Sanctioned pay of the post Minimum Maximum 1 2 3 4 5 6      

 Actual pay of Govt. servant due on 1st April next year Amount of provision for year at the rate in Col. 4(c) Increments falling due within the year Date of increment Rate of increment Amount of increment for the year 7 8 9 10 11          

Total provision for the year i.e. Total of Columns 5 and 6 T.A. Fixed P.M. T.A. and conveyance Allowance Deamess Allowance Other fixed allowances such as H.R.A.S.L.A.R. and U.A. Water Allowance etc. (Special Pay) Remarks 12 13 14 15 16     

APPENDIX 4 FORM

FORM IV

[See Rule 11]

Form of Show Cause Notice under proviso to sub-section

(1) of Section 45 of the Karnataka Housing Board Act, 1962 (Karnataka Act 10 of

1963)

To

Sri/Srimathi/Kumari.. . .. . . . .. . .. . .. . . .. . residing at.. .

. .. . .. . .. . . .. . .Taluk of. . . . .. . . .District.

 (i)     

Whereas, you have not paid rents lawfully due from you for more than two months in respect of the premises described in the Schedule appended hereto;

(ii)   

Whereas, you have sub-let without the permission of the Board the whole or part of the premises. described in the Schedule appended hereto;

(iii)  

Whereas you have ceased to occupy the premises and abandoned the same;

(iv) 

whereas, you are in unauthorised occupation of the premises described in the schedule appended hereto;

(v)   

That you have......................and thereby have acted in contravention of the terms under which you were authorised to occupy and use the premises described in the schedule appended hereto.

 This notice is issued to you under proviso to sub-section (1) of

Section 45 of the Karnataka Housing Board Act, 1962, to show cause to the satisfaction of the undersigned within ten days of the receipt of this notice as to why action should not be taken and order passed against you for eviction from the premises under sub-section (1) of Section 45 of the Karnataka Housing

Board Act, 1962.

 Schedule

 Dated......... Signature of the Competent

Authority

APPENDIX 4A FORM

FORM IV-A

 (Final Notice under sub-section (1) of Section 45 of the Karnataka Housing Board Act, 1962 (Karnataka Act 10 of 1963).

Whereas, I, the undersigned, am satisfied for the reasons recorded

below that Sri/Srimathi/Kumari..............residing at.............is/are in unauthorized occupation of the Board premises specified in the Schedule below:

 Reasons.

1.

2.

3.

4.

Now, therefore, in exercise of the powers conferred on me by

sub-section (1) of Section 45 the Karnataka Housing Board Act, 1962, I hereby order the said Sri/Srimathi/Kumari..............and all persons who may be in occupation of the said premises or any part thereof to vacate the said premises within one month from the date of service of this order. In the event of refusal or failure to comply with this order within the period specified above, the said Sri/Srimathi/Kumari.................and all other persons concerned are liable to be evicted from the said premises, if need be, by the use of such force as may be necessary.

Schedule

 Dated..........

Signature and seal of the Competent Authority.]

APPENDIX 5 FORM

FORM V

[See

Rule 11]

 To

Shri/ Shrimati/ Kumari . . . . . . . . . . . . . . . . .. . . .. . . .

residing at . . . .. . . . . . . . . . ..

. .. . . . . . . . . . . . .. .

. .. . . . . . . . . . . . Taluk of. . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . District.

Whereas, you are in occupation of premises

described in the Schedule hereto appended.

And, whereas, a sum of Rs.......being the arrears of rent from. . . . . . . .. . . . . . date of 19. . . . . in respect of the said premises is due and payable by you to the Board.

Now, therefore, in exercise of the powers conferred on me under subsection (1) of Section 46 of the Karnataka Housing Board Act, 1962 I hereby order you to pay the said sum within ( . . . . . . . . . . . . . . . . . . . . . . . . . . . . .) from the day of service of this notice, failing which the said sum will be recovered as arrears of land revenue.

Schedule

Date........ Signature of the Competent

Authority.

APPENDIX 6 FORM

FORM VI

[See Rule 11]

To

Shri/ Shrimati/ Kumari . . . . . . . . . .. . . .

.. . . . . . . . . . residing at . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . Taluk of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

District.

Whereas, you are in unauthorised occupation of the

Board premises described in the Schedule appended hereto.

And, whereas, in exercise of the powers conferred upon me by sub-section (2) of Section 46 of the Karnataka Housing Board Act, 1962, I have assessed Rs..........as damages payable by you on account of the use and occupation of the said premise, I hereby require you to

pay the said amount of damages within (..........................) from the

date of service of the notice. If the said amount is not paid within the period specified above, the same will be recovered as arrears of land revenue.

Schedule

Date................. Signature of the Competent

Authority.

APPENDIX 7 FORM

FORM VII

[See Rule 16]

Deduction made by the Employer in regard to the

Recovery of Rent

1. Name of the Industrial concern

2. Place of location

3. Postal address

4.    Nature of the Industry

5.     Month of

 SI. No. Name of the Employee Father's Name Token No. and Deposit Amount of wages Deduction made Period for which deduction is made Signa-ture of the employer Signature of Officer for inspection         

APPENDIX 8 FORM

FORM VIII

[See Rule 18]

Statement showing the details of types of buildings

for houses of different income groups

Particulars Upto Rs. 250 Income Rs. 251 to 350 1. Built area 320 Sq. ft.   450 Sq. ft. 2. Size of site 25' x 40'   25' x 45'

REGULATION

KARNATAKA HOUSING BOARD (ALLOTMENT) REGULATIONS, 1983

In exercise of the powers conferred by Section 76 of the Karnataka Housing Board Act, 1962 (Karnataka Act 10 of 1963) and in supersession of all existing Regulations on the subject, the Karnataka Housing Board, with previous sanction of the State Government hereby makes the following regulations, namely.

Regulation1 Title

(1) These regulations may be called the Karnataka Housing Board (Allotment) Regulations, 1983.

(2) These Regulations shall come into force at once.

Regulation2 Definitions

In these regulations, unless the context otherwise requires.

(a) "Act" means the Karnataka Housing Board Act, 1962 (Karnataka Act 10 of 1963);

(b) "Allotment" means sale of a site/house under these regulations.