THE KARNATAKA MUNICIPALITIES AND CERTAIN OTHER LAW (AMENDMENT) ACT, 2024
Karnataka Act No. 43 Of 2024
Arrangement of Section
Sections:
1. Short title and commencement
2. Amendment of the Karnataka Act 22 of 1964
3. Amendment of the Karnataka Act 14 of 1977
4. Power to remove difficulties
STATEMENT OF OBJECTS AND REASONS
Amendment Act 43 of 2024:- It is considered necessary to amend the Karnataka Municipalities Act, 1964 (Karnataka Act 22 of 1964) and the Karnataka Municipal Corporations Act, 1976 (Karnataka Act 14 of 1977) to ,-
(i) bring in all assets under the purview of the urban local authorities under their network of financial resources;
(ii) extend the provisions of property tax to the premises and buildings in unauthorised settlements, other than Government land, and to unauthorized buildings in official settlements, as provided in the Bruhat Bengaluru Mahanagara Palike Act, 2020 (Karnataka Act 53 of 2020);
(iii) provided for necessary provisions regarding e-Asthi software; and
(iv) provided for penalty to the officers in case of non-compliance of the provisions of the said Acts.
Hence, the Bill.
[L.A. Bill No.31 of 2024, File No. SAMVYASHAE 33 SHASANA 2024]
[Entry 5 of List II of the Seventh Schedule to the Constitution of India.]
[Published in Karnataka Gazette Extra-ordinary No.434 in part-IVA dated:10.09.2024]
KARNATAKA ACT NO. 43 OF 2024
(First published in the Karnataka Gazette Extra-ordinary on the 10th day of rebmetpeS, 2024)
THE KARNATAKA MUNICIPALITIES AND CERTAIN OTHER LAW (AMENDMENT) ACT, 2024
(Received the assent of the Governor on the 5th day of September, 2024)
An Act further to amend the Karnataka Municipalities Act, 1964 and the Karnataka Municipal Corporations Act, 1976.
Whereas it is expedient further to amend the Karnataka Municipalities Act, 1964 (Karnataka Act 22 of 1964) and the Karnataka Municipal Corporations Act, 1976 (Karnataka Act 14 of 1977) for the purposes hereinafter appearing;
Be it enacted by the Karnataka State Legislature in the seventy fifth year of the Republic of India as follows:-
1. Short title and commencement.- (1) This Act may be called the Karnataka Municipalities and Certain other Law (Amendment) Act, 2024.
(2) It shall come into force at once.
2. Amendment of the Karnataka Act 22 of 1964.- In the Karnataka Municipalities Act, 1964 (Karnataka Act 22 of 1964),-
(i) In section 105, in sub-section (3), the following shall be inserted at the end, namely:-
“Notwithstanding anything contained in this sub-section the assessment made under this sub-section for any return submitted under sub-section (1) for the last six financial years, commencing from the financial year 2023-24, shall be concluded within one year”.
(ii) In section 106,-
(a) in sub-section (1), for the words “vacant lands” the words “vacant building sites” shall be substituted.
(b) after sub-section (1), the following shall be inserted, namely:-
“(1A) (i) Notwithstanding anything contained in this Act, prior approval for the layout plan by the jurisdictional planning authority shall be obtained by the Commissioner or Chief Officer of the Municipality or any officer authorized by the Commissioner or Chief Officer to issue new PID or khata for the building sites meant for the purposes of construction of building.
(ii) In case, the municipal areas falling under the jurisdiction of the local planning area notified under the Karnataka Town and Country Planning Act, 1961 (Karnataka Act 11 of 1963), the sanctioned layout plan shall be obtained from the jurisdictional planning authority under section 17 of the Karnataka Town and Country Planning Act, 1961 (Karnataka Act 11 of 1963) and no new PID or khata shall be issued without complying with the provisions of section 17 and sub-section (2-E) of the section 17 of the Karnataka Town and Country Planning Act, 1961(Karnataka Act 11 of 1963).
(iii) In case the municipal area is not covered under the jurisdiction of the local planning area or the planning authority constituted under the Karnataka Town and Country Planning Act, 1961 (Karnataka Act 11 of 1963), the sanctioned layout plan shall be obtained from the Director of Town and Country Planning or officer authorized by him under sub-section (2) of section 4-K of the Karnataka Town and Country Planning Act, 1961 (Karnataka Act 11 of 1963), and no new PID or khata shall be issued by the officer concerned without complying with the provisions of the Karnataka Town and Country Planning Act, 1961 (Karnataka Act 11 of 1963):
Provided that, if any officer of the Municipality fails to comply with the said provisions of the Karnataka Town and Country Planning Act, 1961 (Karnataka Act 11 of 1963) and issues new PID or khata to an unlawfully formed plot, the concerned officer shall be liable for such penalty and punishment as may be prescribed.
(1B) (i) The Municipality may levy and collect the property tax from every building, vacant land or both, including a building constructed in violation of the provisions of building bye-laws or in an unauthorized layout or in a revenue land or from a building occupied without issuance of Occupancy or Completion certificate, only for the property created prior to the date of inception of this provision, except for the building constructed illegally in the Government land, land belonging to any local body, any statutory body or an organization owned or controlled by the Government. The property tax levied for such building or vacant site shall be double the tax payable for the first year and only the property tax shall be levied for the subsequent years, which shall be maintained in a separate register. No new property shall be entered in the register after the date of commencement of the Karnataka Municipalities and Certain other Law (Amendment) Act, 2024:
Provided that, levy and collection of property tax under this sub- section from such building or vacant land does not confer any right to regularize violation made, or title, ownership or legal status to such building or vacant land. The persons holding such building or vacant land shall always be liable for legal action for violation of law, in accordance with the provisions of this Act or any other law for the time being in force.
(ii) The Municipal Commissioner or the Chief Officer shall maintain a record as specified in clause (i), which shall contain the details of the lawful buildings or vacant lands and unlawful buildings or vacant lands, which have been taxed under this section.”
(iii) Section 107 and the entries relating thereto shall be omitted.
(iv) In section 143, in sub-section (1), after the word “defaulter” the words “within two months from the date of issuance of warrant” shall be inserted.
(v) In section 154,-
(a) in sub-section (1), after the word “rent”, the words “or property tax” shall be inserted.
(b) after sub-section (2), the following shall be inserted, namely:-
“(3) Any officer or employee of the municipality who fails to collect property tax dues under assessment of property tax or any financial causes to the municipality, shall be fined upto rupees fifty thousand in each case and may also be punished with simple imprisonment for fifteen days”.
3. Amendment of the Karnataka Act 14 of 1977.- In the Karnataka Municipal Corporation Act, 1976 (Karnataka Act 14 of 1977),-
(i) In section 112A, in sub-section (3), the following shall be inserted at the end, namely:-
“Notwithstanding anything contained in this sub-section the assessment made under this sub-section for any return submitted under sub-section (1) for the last six financial years, starting from the financial year 2023-24, shall be concluded within one year”.
(ii) In section 112B,-
(a) in sub-section (1), for the words “vacant lands” the words “vacant buildings sites” shall be substituted; and
(b) after sub-section (1), the following shall be inserted, namely,-
“(1A) (i) Notwithstanding anything contained in the Act, prior approval for the layout plan by the jurisdictional planning authority under section 17 of the Karnataka Town and Country Planning Act, 1961 (Karnataka Act 11 of 1963) shall be obtained by the Commissioner or any officer authorized by the Commissioner to issue new PID or khata for the building sites meant for the purposes of construction of building.
(ii) No new PID or khata shall be issued by the Commissioner or any officer authorized by the Commissioner of Corporation, without complying with the provisions under section 17 and sub-section (2-E) of section 17 of the Karnataka Town and Country Planning Act, 1961(Karnataka Act 11 of 1963):
Provided that, if the Commissioner or any officer authorized by the Commissioner of the Corporation fails to comply with the said provisions of the Karnataka Town and Country Planning Act, 1961 (Karnataka Act 11 of 1963) and section 505 of this Act, and issues new PID or khata to an unlawfully formed plot, the concerned officer shall be liable for such penalty and punishment as may be prescribed.
(1B) (i) The Corporation may levy and collect the property tax from every building, vacant land or both, including a building constructed in violation of the provisions of building bye-laws or in an unauthorized layout or in a revenue land or from a building occupied without issuance of Occupancy or Completion certificate, only for the property created prior to the date of inception of this provision, except for the building constructed illegally in the Government land, land belonging to any local body, any statutory body or an organization, owned or controlled by the Government. The property tax levied for such building or vacant site shall be double the tax payable for the first year and only the property tax shall be levied for the subsequent years, which shall be maintained in a separate register. No new property shall be entered in the register after the date of commencement of the Karnataka Municipalities and Certain other Law (Amendment) Act, 2024:
Provided that, levy and collection of property tax under this sub- section from such building or vacant land does not confer any right to regularize violation made, or title, ownership or legal status to such building or vacant land. The persons holding such building or vacant land shall always be liable for legal action for violation of law, in accordance with the provisions of this Act or any other law for the time being in force.
(ii) The Commissioner shall maintain a record as specified in this section, which shall contain the details of the lawful buildings or vacant lands and unlawful buildings or vacant lands, which have been taxed under this section.”
(iii) Section 112C and the entries relating thereto shall be omitted.
4. Power to remove difficulties.- (1) If any difficulty arises in giving effect to the provisions of this Act the Government may by order, published in the official Gazette, as the occasion may require, do anything which appears to it to be necessary to remove the difficulty.
(2) Every order made under this section shall, as soon as may be after it is so made, be laid before the House of State Legislature.
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