(a)
These
rules may be called the Karnataka Improvement Boards Rules, 1976. (b)
They
shall come into force at once (1)
"Allottee"
means the person to whom a site is allotted under these rules; (2)
"Backward
Class" a person shall be considered to belong to the backward class if. (i)
he
is. (a)
an
actual cultivator; (b)
an
artisan; (c)
a
petty businessman; (d)
holding
an appointment in inferior service (i.e., Class IV) in Government service or
corresponding service under local bodies, autonomous bodies or private
employment including casual labour; or (e)
engaged
in any occupation involving manual labour; (3)
"Board"
means an improvement Board established for any urban area under Section 3; (4)
"Chairman"
means a Chairman of the Board; (5)
"Family"
in relation to a person means such person, the wife or husband as the case may
be of such person, and the children, grand children, parents, sisters and
brothers of such person and wholly dependent on such person; (6)
"Form"
means a form appended to these rules; (7)
"Income"
means the fixed annual income of a person; (8)
"Member"
means a member of the Board; (9)
"Act"
means the Karnataka Improvement Boards Act, 1976 (Karnataka Act 11 of 1976); (10)
"State
Government" means the Government of State of Karnataka; (11)
"Section"
means a section of the Act; (12)
"Stray
Site" means a site which was once allotted but subsequently was either
cancelled by the Board or surrendered by the allottee for a site left over
inadvertently while notifying the sites for allotment or a site which has been
formed on account of readjustment in the plan subsequent to the issue of
readjustment in the plan subsequent to the issue of notification inviting
applications for allotment of sites. (1)
Where
an official is appointed as Chairman of the Board he shall be paid his grade
pay plus a special pay of Rs. 150 per month. Where a non-official is appointed
as Chairman of the Board he shall be paid remuneration and other allowances as
may be fixed by Government: Provided that where the person appointed is a
minister or a legislator he shall not be entitled to any remuneration. (2)
Every
member of the Board shall be entitled only to sitting fee of Rs. 40 per day of
sitting at the meeting of the Board and no other allowances or remuneration. (1)
The
power to grant leave to the Chairman shall vest in the State Government. (2)
Chairman
shall be the authority to grant leave of absence to the non-official members to
attend the meetings. (1)
The
Chairman performing journey for the purpose of the Board, shall be entitled to
travelling allowance at the rates and subject to the conditions specified in
the Karnataka Civil Services Rules applicable to Officer of Class I from time
to time: [1]Provided that where the Chairman is
a non-official he shall be entitled to travelling allowance at the rate of
seventy five paise per kilometre.] (2)
An
official member shall until he retires from such service or post, continue, to
be governed by the travelling allowances rules applicable to him in such
service or post. After retirement from such service or post, he shall be
governed as regards travelling allowance by sub-rule (1). (1)
Whenever
the Board has formed an extension or layout in pursuance of any scheme, the
Board may, subject to the general or special orders of the Government, offer
any or all the sites in such extension or layout for allotment of sites under
these rules. (2)
Due
publicity shall be given in respect of the sites for allotment specifying their
location, number, the amount payable as earnest money, the last date of
submission of applications and such other particulars as the Chairman may
consider necessary by affixing a notice to the notice Board of the office of
the Board and in other office as the Chairman may decide from time to time and
by publication in any one or more daily newspapers published in the concerned
city having a wide circulation. (1)
The
Board may with the previous sanction of the Government, set apart sites in any
area for allotment to any specified class or specified classes of persons or
purposes as it may consider necessary. (2)
Where
sites are set apart under sub-rule (1), the procedure to be followed to the
allotment of those sites subject to the general or special orders of the
Government, be determined by the Board. (1)
Applications,
for allotment of sites shall be in Form 1 which may be obtained from the
offices of the Board on payment of a sum of two rupees which amount shall not
be refunded. The application shall be attested by a Magistrate of the First
Class. (2)
Every
application shall be accompanied by the receipt, challan or draft evidencing
the deposit of the earnest money under Rule 14. (3)
Every
applicant shall indicate the dimensions of the site required by him. (4)
When
applications are invited under Rule 8, the application shall be presented in
person or sent by registered post so as to reach the office of the Board before
the date and time fixed for receipt of such applications. Applications received
after the date and time so fixed shall be rejected. (1)
Who
is not ordinarily resident (Living independently or with his family members) in
the area within the jurisdiction of the Board for not less than five years
immediately before the last date fixed for making application. (2)
Who
or any member of his family owns or is a lessee entitled to demand conveyance
eventually or has been allotted a site or a house by the Board or any authority
shall be eligible to apply for the allotment of a site: Provided that the Board
may relax the conditions in the case of persons who are domiciled in Karnataka,
but have gone outside the State for employment, business, studies or training
and who intent to reside in such area. (1)
(i)
The status of the applicant i.e., whether he is married or single and his
dependent children; (ii)The income of the applicant and
his capacity to purchase a site and build a house therein for his residence:
Provided that this condition shall not be considered in case of applicants
belonging to scheduled caste, scheduled tribes, wandering tribes, nomadic
tribes and other backward classes. (iii) The number of years the
applicant has been waiting for an allotment of site and the fact that he did
not secure a site either earlier though he is eligible and had applied for a
site; (iv) Persons who are ex-servicemen
or members of the family of the deceased servicemen killed in action during the
last ten years. (2)
The
sites may be allotted among the different classes of persons as indicated
hereunder. (a)
Wandering
tribes, nomadic tribes, denotified tribes, semi-nomadic tribes two per cent; (b)
Scheduled
Tribes three per cent; (c)
Scheduled
Castes Thirteen per cent; (d)
Ex-servicemen
or members of the family of deceased servicemen and members of the armed forces
of the Union nine per cent; (e)
State
Government servants twelve per cent; (f)
Servants
of the Central Governments and Corporations ten per cent; (g)
General
public fifty-one per cent. (1)
The
Board may at any time revoke any proposal to dispose off any site under these
rules if in its opinion, the area covered by such site has to be reserved for
any purpose for the use of inhabitants of the extension concerned. (2)
When
a revocation is made under sub-rule (1), the applicants for sites in such area
shall be given option to apply for other sites in the extension and any
application made accordingly shall be considered along with the other
applications for sites in such extensions. Provided that a person whose annual income is less than rupees
three thousand and six hundred shall be entitled to get a site measurement
9.14M x 12.19M (30 x 40) or less at fifty per cent of the value of the site
fixed by the Board: [2]Provided further that a person
belonging to Scheduled Castes/Scheduled Tribes, whose annual income is less
than rupees three thousand and six hundred, shall be entitled to get a site
measuring 9.14M x 12.19M (30 x 40) or less, at twenty-five per cent of the
value of the site fixed by the Board.] (1)
The
allottee shall within a period of 15 days from the date of receipt of notice of
allotment, pay to the Board twelve and a half per cent of the price of the site
and if no such payment is made the allottee shall be deemed to have declined
the allotment. (2)
The
balance of the value of site (less a sum of rupees thirty where the area of the
site does not exceed two hundred square metres, rupees sixty where the area of
the site exceeds two hundred square metres and does not exceed five hundred
square metres and rupees one hundred and twenty where the area exceeds five
hundred square metres) shall be paid within 90 days from the date of receipt of
the notice of allotment or such extended period not exceeding [3][two
years] as the Chairman may specify. Interest at [4][eighteen
per cent] shall be paid on the said amount for the extended period. If the said
amount is not paid within the period of ninety days or the extended period the
earnest money paid by the allottee shall be liable to forfeiture and allotment
may be cancelled: Provided that where an allottee is a person. (i)
Whose
annual income does not exceed two thousand and four hundred rupees, he may
choose to pay the balance value of the site in quarterly, half yearly or annual
installments and the rate of interest on the said amount for the extended
period for quarterly payment will be two per cent, for half yearly payment will
be three per cent and for the annual payment four per cent; (ii)
Whose
annual income exceeds two thousand and four hundred rupees but does not exceed
seven thousand and two hundred rupees interest at twelve per cent per annum
shall be paid on the said amount for the extended period: Provided further that where an allottee is a person
belonging to a Scheduled Castes or Scheduled Tribes or other Backward Classes
or a nomadic tribe or a wandering tribe or a denotified tribe or a family of
defence personnel killed or disabled during the recent war and whose annual
income from all sources does not exceed rupees five thousand, the balance value
of the site required to be paid under this sub-rule shall be paid by him
without interest within a period of 6 years from the date of receipt of notice
of allotment. (3)
Until
the site is conveyed to the allottee the amount paid by the alLottee for the
purchase of the site shall be held by the Board as security deposit for the due
performance of the terms and conditions of the allotment and the lease-cum-sale
agreement entered into between the Board and the allottee. (4)
After
the payment under sub-rule (2) is made the Board shall intimate the allottee
the actual measurement of the site and the particulars thereof and a
lease-cum-sale agreement in Form II shall thereafter be executed by the
allottee and the Board and registered by the allottee. If the agreement is not
executed within forty-five days after the Board has intimated the actual
measurements and price of the site to the allottee, the earnest money paid by
the allottee may be forfeited, the allotment of the site may be cancelled and
the amount paid by the allottee after deducting the earnest money be refunded
to him. Every allottee shall construct a building on the site in accordance
with the plan and design approved by the Board. If in any case it is considered
necessary to add any additional conditions in the agreement the Board may make
such conditions. Approval of the concerned Municipal Council or Corporation of
the plans and designs shall be necessary when the layout in which the site is
situated is transferred to the control of the said Municipal Council or
Corporation. (5)
The
allottee shall comply with the conditions of the agreement executed by him and
the buildings and other bye-laws of the Board or the concerned Municipality as
the case may be for the time being in force. (6)
The
allottee shall construct a building within a period of two years from the date
of execution of the agreement or such extended period as the Board may in any
specified case by written order from him. If the building is not constructed
within the said period the allotment may, after reasonable notice to the
allottee, be cancelled, the agreement revoked, the lease determined and the
allottee evicted from the site from the Board and after forfeiting twelve and a
half per cent of the value of the site paid by the allottee the Board shall
refund the balance to the allottee. (7)
(a)
On the expiry of the period of ten years and if the allotment has not been
cancelled or the lease has not been determined in accordance with these rules
or the terms of the agreement in the meanwhile the Board shall by notice call upon
the allottee to get the sale deed of the site executed at his own cost within
the time specified in the said notice; (b) If the allottee fails to get the
sale deed executed within the time so specified the Board shall itself execute
the sale deed and recover the cost and other charges, if any, incidental
thereto from the allottee as if the said amount is due to the Board. (8)
The
allottee shall ordinarily reside or himself make use of the building
constructed on the site allotted to him. (9)
With
effect from the date of taking possession of the site the allottee or his heirs
and successors shall be liable to pay the taxes, fees and cesses payable in
respect of the site and any building erected thereon. (10)
If
the particulars furnished by the applicant in the prescribed application form
for allotment of site are found incorrect or false subsequently, twelve and a
half per cent of the site value shall be forfeited after the site is resumed by
the Board and the balance amount of site value refunded to the applicant. (1)
Notwithstanding
anything contained. (i)
These
rules or any other rules, bye-laws or orders governing the allotment, grant or
sale of sites by the Board for construction of buildings; or (ii)
Any
instrument executed in respect of any site allotted, granted or sold by the
Board for constructions of buildings. The Chairman may at the request of the
allottee, grantee or purchaser of a site execute a deed of conveyance subject
to the restrictions, conditions, limitations specified in sub-rule (2). (2)
The
conveyance by the Chairman of a site in favour of an allottee, grantee or
purchaser of a site (hereinafter referred to as purchaser) shall be subject to
the following restrictions, conditions and limitations namely. (i)
In
the case of a site on which a building has not been constructed. the purchaser
shall construct a building on the site within such period as may be specified
by the Board, as per plans, designs and conditions to be approved by the Board
or in conformity with the provisions of the Municipal Laws and the bye-laws
made thereunder; (ii)
the
purchaser shall not without the approval of the Board, construct on the site
any building other than a building for the construction of which a site was allotted,
granted or sold; (iii)
the
purchaser shall not alienate site within a period of ten years from the date of
allotment except by mortgage in favour of the Government of India, the
Government of Karnataka, the Life Insurance Corporation of India, the Karnataka
Housing Board or any co-operative society approved by the Board or any
corporation set-up, owned or controlled by the State Government or the Central
Government to secure moneys advanced by such Government, Corporation, Board,
Society or Corporations as the case may be for the construction of the building
on the site; (a)
In
the case of a site on which a building has been constructed, the purchaser
shall not alienate the site and the building constructed thereon within a
period of ten years from the date of allotment, except. (b)
by
mortgage in favour of the Government of India, the Government of Karnataka, the
Life Insurance Corporation of India or the Karnataka Housing Board or any
Co-operative Society approved by the Board to secure moneys advanced by such
Government, Corporation, Board or Society for the construction of the building
on the site; or (c)
with
the previous approval of the Board. (d)
In
the event of purchaser committing breach of any of the conditions in clause (a)
or clause (b), the Board may at any time after giving to the purchaser
reasonable notice resume the site free from all encumbrances. The purchaser may
remove all things which he has attached to the earth: Provided he leaves the site in the state in which he
received it. All transactions entered into in contravention of conditions
specified in clauses (a) and (b) shall be null and void ab initio. Explanation. In this rule reference to the Board shall be
deemed to include the Chairman when authorised by the Board by a general
resolution to exercise any power vested in the Board. (3)
Notwithstanding
anything contained in sub-rule (2) the Board may with the previous approval of
the State Government and payment of such sum not exceeding twelve and a half
per cent of the value of the site allotted by the lessee, by order in writing
permit the alienation during the period of the lease of the site and the
building, if any, constructed thereon, on account of the inability of the
lessee to reside in the said site or house for reasons beyond his control or
the insolvency or impecuniosity of the lessee. Where such permission is
granted, the alienee shall for the purpose of this rules be the lessee subject
to all the terms and conditions of the lease deed already executed. An allottee may at any time after allotment surrender the
site allotted to him to the Board. On such surrender the Board shall refund all
amounts paid by the allottee to the Board in respect of the said site. (1)
Government
may suo moto or otherwise call for the record on any decision, order or
proceedings of the Chairman or the Board under these rules for the purpose of
satisfying itself as to the legality or propriety of such decision, order or
proceeding. (2)
If
in any case, it appears to the Government that any decision, order or
proceedings so called for should be modified, annulled or reversed, Government
may pass such order as it may deem fit: Provided that no decision or order
shall be modified, annulled or reversed unless a notice has been served on the
parties interested and opportunity given to them for making representation to
the Government. Nothing in these rules shall be applicable to the sale or
transfer of sites by the Board to (a)
The
Karnataka Housing Board for construction of Houses; (b)
The
State Government for any purposes; (c)
The
Life Insurance Corporation of India, the Karnataka State Road Transport
Corporation and the Karnataka Electricity Board. SCHEDULE 1 Site
No.................formed by the Improvement Board of......... in Block
No..........in the......extension. Site
bound on East
by West
by North
by South
by In
witness whereof the parties have affixed their signature to this agreement. The
Improvement Board................. Witnesses:
2.
Lessee/Purchaser Witnesses:
1.
2.
[1] Proviso to sub-rule (1) inserted by GSR 164, dated 4-6-1979 [2] Second proviso inserted by GSR 102, dated 24-4-1981 [3] Substituted for the words "one year" by GSR 126,
dated 16-4-1979 and shall be deemed to have come into force w.e.f. 3-9-1976 [4] Substituted for the words "fifteen per cent" by
GSR 292, dated 15-11-1984KARNATAKA IMPROVEMENT BOARDS RULES, 1976
In exercise of the powers conferred by Section 69 of the Karnataka Improvement
Boards Act, 1976 (Karnataka Act 11 of 1976) the Government of Karnataka hereby
makes the following rules
In these rules unless the context otherwise requires.
The proceedings of every meeting of the Board shall be recorded in a minute
book kept for the purpose and shall be signed by the Chairman of the meeting of
that day or at the next succeeding meeting.
Notwithstanding anything contained in these rules the Board shall not be bound
to furnish any information at a meeting of the Board, if, in the opinion of the
Chairman or member of the Board presiding at the meeting it would not be in the
public interest to furnish such information.
Notwithstanding anything contained in Rule 8 the Board may allot a stray site
to a person who is eligible for allotment of a site under Rule 15.
Notwithstanding anything contained in these rules, sites may be allotted on
lease basis, to registered charitable institutions for purposes of construction
of schools, colleges, playgrounds, hostels, temples, community centres and
recreation clubs on such rent as may be fixed by the Board. The Government may
call for the records and revise the rent if it is satisfied that the rent fixed
is too low. After the expiry of the lease period the entire land with Buildings
and constructions therein shall vest in the Board free from all encumbrances.
But, such sites may be conveyed by the Board to such institutions, after
recovering such expenditure if any, as it may have incurred: Provided that no
amount towards such expenditure shall be recovered by the Board in the case of
persons belonging to backward class, Scheduled Castes and the Scheduled Tribes
if so directed by Government.
The site allotted under Rule 8 or Rule 10 shall be deemed to have been leased
to the allottee until the lease is determined or the site is conveyed in the
name of the allottee in accordance with these rules. During the period of
lease, the allottee shall pay to the Board rent at the rate of rupees three per
annum where the area of the site does not exceed two hundred square metres,
rupees six per annum where the area of the site exceeds two hundred square
metres, but does not exceed five hundred square metres and rupees twelve per
annum where the area of the site exceeds five hundred square metres before the
commencement of each year.
Every applicant for a site shall deposit as earnest money an amount equal to
twelve and a half per cent of the value of a site of the dimensions applied for
and enclose with the application the receipt obtained in token of such deposit,
or challan for having credited the amount to the Reserve Bank of India or a
draft for the amount drawn in favour of the Chairman: Provided that the money
to be deposited by a member of the Scheduled Caste, Scheduled Tribe or
wandering tribe or nomadic tribe or semi-nomadic tribe or a denotified tribe
shall be three per cent of the value of the site.
The Board shall constitute a committee called "allotment committee"
consisting of three members for considering applications and making
recommendations to the Board for allotment. The Chairman of the Board shall be
the Chairman of the committee. Of the other two members one shall be elected by
the Board from among the members nominated by Government and the other from
among the members representing the concerned Municipal Council or Corporation.
The Board shall consider the recommendations of the allotment committee and
after such further enquiry as it deem fit make allotment.
The Board shall have the right to reject the allotment of sites applied for by
an applicant without assigning any reasons. The decision of the Board shall be
final and binding on every applicant.
The value of a site mentioned while inviting applications may be altered by the
Board with the sanction of the Government and an allottee may accept the site
at the altered price or decline the allotment:
The allotment of a site under these rules shall be subject to the following
conditions.
and measuring east to west............north to south.......in all
measuring...........square feet.
1.