THE BRUHAT BENGALURU MAHANAGARA PALIKE AND CERTAIN OTHER LAW (AMENDMENT) ACT, 2023
KARNATAKA ACT NO.37 OF 2024
(First Published in the Karnataka Gazette Extra-ordinary on the 16th day of August 2024)
(Received the assent of the Governor on the 15th day of August 2024)
An Act further to amend the Bruhat Bengaluru Mahanagara Palike Act, 2020 and the Karnataka Municipal Corporations Act, 1976.
Whereas it is expedient further to amend the Bruhat Bengaluru Mahanagara Palike Act, 2020 (Karnataka Act 53 of 2020) 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 fourth year of the Republic of India as follows:-
1. Short title and commencement.- (1) This Act may be called the Bruhat Bengaluru Mahanagara Palike and Certain Other Law (Amendment) Act, 2023.
(2) The provisions of sections 2 and 3 shall deemed to have come into force with effect from 11.01.2021 and 04.09.2015 respectively.
2. Amendment of the Karnataka Act 53 of 2020.- In the Bruhat Bengaluru Mahanagara Palike Act, 2020 (Karnataka Act 53 of 2020),-
(i) In section 2,-
(a) after clause (26), the following shall be inserted, namely:-
“(26A) “Ground rent” means to include fee for usage of public roads and other infrastructure facilities provided and maintained by the Bruhat Bengaluru Mahanagara Palike and debris generated, during the period of construction, but this shall not give the right to occupy public road and footpath;
(26B) “Guidance Value” means market value of the vacant site as specified under section 45B of the Karnataka Stamp Act, 1957 (Karnataka Act 34 of 1957);”
(b) after clause (49), the following shall be inserted, namely:-
“(49A) "Scrutiny fee” means fee collected to meet the establishment charges for processing the application for permitting building construction;”
(ii) In Chapter XIII, in the heading, after the word “Taxes”, the words and punctuations “Fee, Levy, Charge and Demand” shall be inserted.
(iii) In section 142,-
(A) in the heading, after the word “Taxes”, the words and punctuations “Fee, Levy, Charge and Demand or by whatever name it may be called,” shall be inserted.
(B) in sub-section (1),-
(a) for the words “taxes at rates”, the words and punctuations “taxes, fee, levy, charge, demand or by whatever name it may be called, at such rates” shall be substituted.
(b) after clause (d), the following shall be inserted, namely:-
“(d-i) any fee or levy or demand or charge for permitting building constructions.”
(iv) In section 240A, in sub-section (3), in clause (A), for sub-clauses (a), (b), (c), (d), (e) and (f), the following shall be substituted, namely:-
“(a) fee for issuance of license at such rate not exceeding 0.30 percent of guidance value of the vacant site under section 45B of the Karnataka Stamp Act, 1957 (Karnataka Act 34 of 1957) multiplied by the proposed built up area;
(b) fee for maintenance of public roads or storing of construction material in public places during construction viz. ground rent at such rate not exceeding 0.25 percent of guidance value of the vacant site under section 45B of the Karnataka Stamp Act, 1957 (Karnataka Act 34 of 1957) multiplied by the proposed built up area;
(c) security deposit as specified in the zoning regulation for ensuring that the construction is in accordance with the plan sanctioned;
(d) fee for commencement certificate at such rate not exceeding 0.20 percent of guidance value of the vacant site under section 45B of the Karnataka Stamp Act, 1957 (Karnataka Act 34 of 1957) multiplied by the proposed plinth area;
(e) fee for completion certificate at such rate not exceeding 1.0 percent of guidance value of the vacant site under section 45B of the Karnataka Stamp Act, 1957 (Karnataka Act 34 of 1957) multiplied by the proposed built up area;
(f) such other fee as specified by the Government from time to time under this Act and the Karnataka Town and Country Planning Act, 1961 (Karnataka Act 11 of 1963) and the rules made there under;
(g) scrutiny fee at such rate not exceeding 0.10 percent of guidance value of the vacant site under section 45B of the Karnataka
Stamp Act, 1957 (Karnataka Act 34 of 1957) multiplied by the proposed built up area;
(h) penalty imposed at the time of issuance of completion certificate for not obtaining commencement certificate at the commencement of the construction at such rate not exceeding 0.25 percent of guidance value of the vacant site under section 45B of the Karnataka Stamp Act, 1957 (Karnataka Act 34 of 1957) multiplied by constructed built up area;
(i) penalty for regularisation of violated or deviated portion of construction up to the extent allowed under the Act at such rate not exceeding 35 percent of the guidance value of site under section 45B of the Karnataka Stamp Act, 1957 (Karnataka Act 34 of 1957) for the violated portion; and
(j) such other fee as nay be specified by the Government from time to time.”
3. Amendment of the Karnataka Act 14 of 1977.- In the Karnataka Municipal Corporations Act, 1976 (Karnataka Act 14 of 1977),-
(i) In section 2,-
(a) after clause (13), the following shall be inserted, namely:-
“(13A) “Ground rent” means to include fees for usage of public roads and other infrastructure facilities provided and maintained by the Corporation and debris generated, during the period of construction, but this shall not give the right to occupy public road and footpath;
(13B) “Guidance Value” means market value of the vacant site as specified under section 45B of the Karnataka Stamp Act, 1957 (Karnataka Act 34 of 1957);”
(b) after clause (37), the following shall be inserted, namely:-
“(37A) "Scrutiny fee” means fee collected to meet the establishment charges for processing the application for permitting building construction;”
(ii) In Chapter XV, in the heading, after the word “powers”, the words “including Town Planning” shall be inserted.
(iii) In section 299A, in sub-section (2),-
(a) after the words “the guidance value”, the words “of vacant plot” shall be inserted.
(b) for sub-clauses (a), (b), (c), (d), (e), (f), (g), (h) and (i), the following shall be substituted, namely:-
“(a) fee for issuance of license at such rate not exceeding 0.30 percent of guidance value of vacant site under section 45B of the Karnataka Stamp Act, 1957 (Karnataka Act 34 of 1957) multiplied by proposed built up area;
(b) scrutiny fee of the building for which licence granted, at such rate not exceeding 0.10 percent of guidance value of the vacant site under section 45B of the Karnataka Stamp Act, 1957 (Karnataka Act 34 of 1957) multiplied by proposed built up area;
(c) fee for maintenance usage of public roads, storing of construction materials in public places and other infrastructure facilities provided and maintained by the Corporation and the debris generated, during the period of construction viz. ground rent, at such rate not exceeding 0.25 percent of guidance value of the vacant site under section 45B of the Karnataka Stamp Act, 1957 (Karnataka Act 34 of 1957) multiplied by proposed built up area;
(d) security deposit as specified in zoning regulation for ensuring that the construction is in accordance with the plan sanctioned;
(e) fee for commencement certificate at such rate not exceeding 0.20 percent of guidance value of the vacant site under section 45B of the Karnataka Stamp Act, 1957 (Karnataka Act 34 of 1957) multiplied by the proposed plinth area;
(f) fee for occupancy certificate at such rate not exceeding 1.0 percent of guidance value of the vacant site under section 45B of the Karnataka Stamp Act, 1957 (Karnataka Act 34 of 1957) multiplied by the proposed built up area;
(g) penalty imposed at the time of issuance of occupancy certificate for not obtaining commencement certificate at the commencement of the construction, at such rate not exceeding 0.25 percent of guidance value of the vacant site under section 45B of the Karnataka Stamp Act, 1957 (Karnataka Act 34 of 1957) multiplied by constructed built up area;
(h) penalty for regularization up to 5 percent of violation or deviation in the construction with respect to the sanctioned plan or Zonal regulations limit specified at such rate not exceeding 35 percent of guidance value of the vacant site under section 45B of the Karnataka Stamp Act, 1957 (Karnataka Act 34 of 1957) multiplied by the violated portion; and
(i) such other fee as specified by the Government from time to time under this Act and the Karnataka Town and Country Planning Act, 1961 (Karnataka Act 11 of 1963) and the rules made there under.”
4. Validation of Levy and collection of tax, cess, fee etc.- Notwithstanding anything contained in any judgment, decree or order of any Court, Tribunal or other authority to the contrary levy, assessment or collection of any amount as tax, cess, fee etc. on building, vacant plot etc., tax, cess, fee etc. made or purporting to have been made and any action or thing taken or done (including any notices or orders issued or assessment made) and all proceedings held and any levy and collection of tax, cess, fee etc. purported to have been collected by way of tax, cess, fee etc. in relation to such levy assessment or collection under the provisions of the Principal Acts or any rules, notification, order, guidelines or letters before the commencement of the Bruhat Bengaluru Mahanagara Palike and Certain Other Law (Amendment) Act, 2023 shall be and shall be deemed to be valid and effective for all purposes as if such levy, assessment or collection or action or thing had been made, taken or done under the Principal Acts as amended by the Bruhat Bengaluru Mahanagara Palike and Certain Other Law (Amendment) Act, 2023 and accordingly,-
(a) all acts, proceedings or things done or any action taken by the Government or the officers of the Corporation, as the case may be, in connection with the levy, assessment or collection of any amount as fee for all purposes be deemed to be and to have always been made, done or taken in accordance with law;
(b) no suit or other proceeding shall be maintained or continued in any Court or Tribunal or before any authority for the refund of any such fee; and
(c) no Court shall enforce any decree or order directing the refund of any such fee.”
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