Rule - 1. Title and commencement.
KARNATAKA
MUNICIPAL CORPORATIONS (COMPOUNDING OF OFFENCES) RULES, 1996
PREAMBLE
Whereas, the draft of the
following rules which the Government of Karnataka proposes to make in exercise
of the powers conferred by Section 421 read with clause (b) of Section 483 of
Karnataka Municipal Corporations Act, 1976 (KMC Act, 1976) (Karnataka Act 14 of
1997) was published in Part IV, 2-C(i) of Karnataka Gazette, dated 3-7-1997 as
required by Section 421 of the said Act for the information of persons likely
to be affected thereby and notice has been given that the said draft will be
taken into consideration after 30 days from the date of its publication in the
Official Gazette.
And whereas, the said Gazette
was made available to the public on 3rd July, 1997;
And whereas, the objections
and suggestions have not been received. Now therefore in exercise of the powers
conferred by Section 421 read with clause (b) of Section 483 of KMC Act, 1976,
the Government of Karnataka hereby makes the following rules, namely.
Rule - 1. Title and commencement.
(1) These rules may be called the Karnataka Municipal Corporations
(Compounding of offences) Rules, 1996.
(2) They shall come into force at once.
Rule - 2. Definitions.
In these rules, unless the
context otherwise requires.
(a) "Act" means the Karnataka Municipal Corporations Act, 1976
(Karnataka Act 14 of 1977);
(b) "Schedule" means a Schedule appended to these rules;
(c) "Section" means a section of the Act.
Rule - 3. Offences compoundable.
(1) Any offence against the provisions of any of the sections of the Act or
the rules, bye-laws or regulations made under it, specified in the first and
second columns of the Schedule shall be compoundable on payment of an amount
specified in third column thereof.
(2) When any person is accused of an offence specified in columns (1) and
(2) of the Schedule, the Commissioner may either before or after institution of
proceeding cause to inform such person by a notice in writing that it shall be
lawful for him to pay the composition amount specified therein for the offence
with which he is accused, within seven days from the date of the service of
such notice.
(3) When an offence has been compounded no further proceedings shall be
taken against him in respect of the offence compounded.
(4) In respect of every compounding of offence a receipts shall be granted
to the person considered acknowledging the amount received from him.
(5) The particulars of every composition shall be entered in a register and
the amount received in respect of every composition shall be credited to the corporation
fund on the clay following the receipt of such money and if that day is a
holiday on the succeeding day.
SCHEDULE
[See
Rule 31
|
Section/Rule/Bye-law/Regulation |
Sub-section/Sub-rule/Clause
etc. |
Subject |
Amount to be paid in
Rupees |
|
(1) |
(2) |
(3) |
(4) |
|
114 |
(1) and (3) |
Failure to give notice
of transfer of title or to produce documents. |
Five hundred |
|
188 |
|
Trespassing of
premises connected with water supply. |
Five hundred |
|
190 |
|
Failure to maintain
house connection in conformity with bye-laws. |
Five hundred |
|
192 |
(2) |
Occupying or allowing
occupation of house without proper water supply. |
Five hundred |
|
192 |
(3) |
Failure to comply with
requisition to make house connection. |
Five hundred |
|
194 |
|
Use for non-domestic
purpose of water supplied for domestic purpose. |
One thousand |
|
208 |
|
Waste or misuse of
water. |
Five hundred |
|
209 |
|
Refusal of admittance
etc. |
One thousand |
|
211 |
(1) |
Laying of water pipes
etc. in a position where the same may be injured or water polluted. |
One thousand |
|
218 |
(1) |
Execution of work by a
person other than a licenced plumber. |
Two thousand |
|
218 |
(2) |
Failure to furnish
when required name of licenced plumber employed. |
One thousand |
|
218 |
(6) |
Licenced plumber not
to demand more than the charges prescribed. |
One thousand |
|
218 |
(8) |
Licenced plumber not
to contravene regulation or execute work carelessly or negligently etc. |
One thousand |
|
219 |
|
Prohibition of wilful
or neglectful acts relating to water works. |
One thousand |
|
223 |
|
Flow of contents of
corporation sewers or drains or sewers communicating with corporation sewers. |
One thousand |
|
224 |
(2) |
Private drain not to
be connected with corporation sewers without notice. |
Five hundred |
|
225 |
(2) and (4) |
Non-compliance with
requisition for drainage of undrained premises. |
Two hundred |
|
226 |
|
Erection of new
premises without drain |
Ten thousand |
|
227 |
|
Non-compliance with
requisition for maintenance or drainage works for ant group or block of
premises. |
One thousand |
|
228 |
|
Non-compliance with
direction to close or limit the use of private drains in certain cases. |
Five hundred |
|
229 |
|
Non-compliance with
Commissioner's orders regarding the use of drain by a person other than the
owner thereof. |
Five hundred |
|
230 |
|
Non-compliance with
requisition for keeping sewage and rain water district. |
Five hundred |
|
231 |
|
Non-compliance with
for the payment of courtyard etc. |
Five hundred |
|
233 |
|
Connection with sewers
without written permission. |
Two thousand |
|
236 |
(4) |
Non-compliance with
requisition to close, remove or divert pipe or drain. |
Five hundred |
|
240 |
(1) |
Execution of work by a
person other than a licenced plumber. |
Two thousand |
|
240 |
(2) |
Failure to furnish
when required |
One thousand |
|
223 |
read with |
name of licenced
plumber employed. |
|
|
240 |
(2) |
licenced plumbers not
to demand |
One thousand |
|
|
read with |
more than the charges
prescribed. |
|
|
218 |
(8) |
|
|
|
240 |
(2) |
Licenced plumbers not
to contravene |
One thousand |
|
|
read with |
regulations or execute
works |
|
|
218 |
(8) |
carelessly or
negligently |
|
|
241 |
|
Prohibition of wilful
or neglectful act relating to sewage works. |
One thousand |
|
242 |
(3) |
Failure to maintain
house drains etc., in conformity with bye-laws. |
Five hundred |
|
246 |
(2) |
Keeping public privy
without licence |
Five hundred |
|
246 |
(3) |
Allowing public privy
to be in unclean condition or improper order. |
Five hundred |
|
247 |
|
Failure to comply with
requisition to provide privy or to remove privy to another site and failure
to keep privies clean and in proper order. |
Five hundred |
|
248 |
|
Failure to provide
privies for premises used by large number of people or to keep them clean and
in proper order. |
One thousand |
|
249 |
|
Failure to comply with
requisition to provide privies for market, cattle shed or cart stand or to
keep them clean and in proper order. |
One thousand |
|
250 |
|
Failure to construct
privies so as to screen persons using them from view. |
Two hundred |
|
252 |
|
Making connections
with mains without permission. |
Two thousand |
|
256 |
(1) |
Failure to comply with
direction to collect rubbish and filth and deposit them in public receptible. |
One hundred |
|
256 |
(2) |
Failure of occupier to
comply with direction to collect rubbish and filth and deposit them in a box
or basket or other receptible of his own at or near premises. |
One hundred |
|
257 |
(b) |
Failure to comply with
direction to collect and remove rubbish and filth accumulating in business
premises. |
One hundred |
|
263 |
(1) |
Allowing rubbish or
filth to accumulate on premises for more than twenty-four hours. |
Two hundred |
|
263 |
(2) |
Irregular deposit of
rubbish or filth. |
One hundred |
|
263 |
(3) |
Depositing carcasses
of animals, rubbish or filth in improper places. |
Two hundred |
|
263 |
(4) |
Keeping rubbish or
filth for more than twenty-four hours. |
One hundred |
|
263 |
(5) |
Allowing filth to flow
in streets |
Two hundred |
|
278 |
|
Unlawful displacement
etc., of pavement or fences, posts and other materials of public street. |
Five hundred |
|
280 |
|
Failure to provide
streets or roads on building sites prior to disposal. |
Two thousand |
|
281 |
|
Unlawful making or
laying of new street. |
Five thousand |
|
283 |
|
Failure to comply with
requisition to metal etc., private street. |
One thousand |
|
290 |
|
Unlawful removal of
bar or storing of timber etc., or removal or extinction of light. |
Five hundred |
|
291 |
(1) |
Unlawful making of
hole or placing obstruction in street. |
Five hundred |
|
291 |
(3) |
Failure to remove obstruction. |
Five hundred |
|
292 |
|
Construction etc., of
building without licence where street or footway is likely to be obstructed. |
Five hundred |
|
293 |
(3) |
Unlawful destruction
etc., of number of public street. |
Two hundred |
|
294 |
(2) |
Unlawful destruction
etc., of number of buildings. |
Two hundred |
|
294 |
(3) |
Failure to replace
number when required to do so inflammable materials. |
Two hundred |
|
310 |
(1) |
Failure to send notice
to Commissioner after completion of construction or reconstruction of
building. |
Five hundred |
|
319 |
|
Failure to keep
external wall of premises in proper repair. |
Two hundred |
|
322 |
|
Failure to comply with
requisition to take down repair or secure dangerous structure. |
Five hundred |
|
323 |
|
Failure to comply with
requisition to secure slop nor out down dangerous trees. |
Five hundred |
|
324 |
|
Failure to comply with
requisition to repair, etc., tank or other place dangerous to passer-by or
persons living in the neighbourhood. |
Five hundred |
|
325 |
|
Failure to comply with
notice regarding precautions against fire. |
One thousand |
|
326 |
(1) |
Constructing well
without permission. |
Five hundred |
|
326 |
(3) |
Failure to comply with
notice to fill up or demolish well etc. |
Five hundred |
|
327 |
|
Failure to comply with
requisition to stop dangerous quarrying. |
One thousand |
|
328 |
(1) |
Failure to comply with
requisition to fill up etc., tank or well or drain water etc. |
Five hundred |
|
328 |
(3) |
Cultivating contrary
to prohibition or regulations. |
Five hundred |
|
329 |
|
Failure to comply with
requisition to cleanse or close, etc., tanks, well or other source of water
used for drinking bathing or washing clothes. |
Five hundred |
|
331 |
|
Defiling water in
tanks |
Five hundred |
|
332 |
|
Failure to comply with
requisition to enclose, clear or cleanse untenanted premises. |
Five hundred |
|
333 |
|
Failure to comply with
requisition to enclose, clear or cleanse, building or land in filthy state or
overgrown with any thick or noxious vegetation, |
Five hundred |
|
334 |
|
Failure to comply with
requisition to abate nuisance caused or likely to be caused by dumping of
coal ashes, etc. |
One thousand |
|
335 |
|
Failure to comply with
requisition to fence building or land or trim prune or cut hedges and trees
or lowering an enclosing wall. |
Five hundred |
|
336 |
|
Failure to comply with
requisition to lime wash or otherwise cleanse building. |
Five hundred |
|
337 |
|
Failure to comply with
requisition to execute work or take other action with respect to insanitary
building. |
One thousand |
|
338 |
(2) |
Using or allowing the
use of building unfit for human habitation after prohibition. |
Two hundred per day |
|
338 |
(4) |
Failure to comply with
requisition to demolish the same. |
Two hundred per day |
|
339 |
(1) |
Allowing overcrowding
in building after order to abate the same. |
Two hundred per day |
|
339 |
(4) |
Failure to comply with
requisition to vacate overcrowded building or room. |
Two hundred per day |
|
340 |
(1) |
Keeping a lodging
house, eating house, tea shop etc., without licence or contrary to licence. |
One thousand |
|
344 |
(a) |
Unlawful keeping of
pigs. |
Two hundred |
|
344 |
(b) |
Unlawful keeping of
animals so as to be a nuisance or danger. |
Two hundred |
|
344 |
(c) |
Feeding of animals on
filth. |
Two hundred |
|
346 |
|
Use of place as
stable, cattle shed etc., without licence or contrary to licence. |
Five hundred |
|
347 |
|
Construction or
maintenance of stable, cattle shed etc., contrary to Act or rules or bye-law. |
Five hundred |
|
349 |
|
Using public place or
sides of a public street as a cart stand. |
Two hundred |
|
351 |
(1) |
Opening or keeping
open a new private cart stand without licence or contrary to licence. |
Two thousand |
|
352 |
|
Failure to remove
carcasses of animals. |
Two hundred |
|
353 |
(1) |
Using a place for any
of the purposes specified in Schedule X without licence. |
Two thousand |
|
363 |
(2) |
Washing of clothes by
washermen at unauthorised places. |
Two hundred |
|
365 |
|
Use of place as slaughterhouse
without licence or contrary to licence. |
Five hundred |
|
367 |
|
Slaughter of animals
for sale or food or skinning or cutting on carcasses without licence or
drying skin so as to cause nuisance. |
Two hundred per
animals or carcasses. |
|
370 |
|
Sale or exposure for
sale in public market of animal or article without permission or contrary to
permission. |
Five hundred |
|
371 |
(2) |
Opening Private market
without licence or contrary to licence. |
One thousand |
|
372 |
|
Keeping open private
market without licence or contrary to licence. |
One thousand |
|
375 |
|
Sale or exposure for
sale of animal or article in unlicensed market. |
Two hundred |
|
376 |
|
Failure to comply with
direction to construct approaches, drains etc., to private markets or to pave
them. |
Five hundred |
|
377 |
(2) |
Opening or keeping
open of private market after suspension or refusal of licence for default to
carry out works. |
Five hundred |
|
378 |
|
Breach of market
regulations. |
One hundred |
|
379 |
|
Failure of person
in-charge of markets to expel persons suffering from leprosy or other
infectious or contagious disease. |
Five hundred |
|
381 |
|
Carrying on butcher's
fish-monger's or poulterer's trade without licence. |
One hundred |
|
382 |
|
Sale or exposure for
sale of animal or article in public street. |
Two hundred |
|
388 |
|
Preventing the
Commissioner or any person authorised by him from exercising his powers of
entry under Section 385. |
Five hundred |
|
388 |
|
Removing or in any way
interfering an animal or article secured under Section 387. |
Five thousand |
|
382 |
(1) |
Opening etc., without
licence a place for disposal of the dead. |
One thousand |
|
394 |
(4) |
Use or allowance of
use of unlicenced burial or burning ground. |
Fifty |
|
|
|
Use or allowance of
unregistered burial or burning ground. |
One thousand |
|
395 |
|
Failure to give
information of burials or burning ground. |
Two hundred |
|
396 |
|
Construction of vault
or grave for burial for corpse in the place of public worship. |
Five thousand |
|
397 |
(3) |
Burial or burning in
place after prohibition. |
Two thousand |
|
398 |
|
Burial or burning
etc., of corpses |
Five hundred |
|
400 |
|
Discharge of office of
grave digger or attendant at place of disposal of dead without licence. |
Two hundred |
|
402 |
|
Failure of Medical
practitioner or owner or occupier to give information of existence of
dangerous disease in private or public dwelling. |
Five hundred |
|
406 |
|
Failure to comply with
requisition to cleanse or disinfect building or article. |
Five hundred |
|
408 |
(2) |
Washing of infected
articles at unauthorised places. |
Five hundred |
|
409 |
|
Giving or lending
etc., of infected articles. |
Five hundred |
|
410 |
|
Infected person
carrying on occupation. |
Five hundred |
|
411 |
(1) |
Entry of infected
person into public conveyance without notifying fact of infection. |
Five hundred |
|
412 |
(1) |
Failure to disinfect
public conveyance etc. |
Five hundred |
|
412 |
(2) |
Using before obtaining
certificate from Health Officer a public conveyance in which an infected
person travelled. |
Five hundred |
|
413 |
|
Letting or subletting
of infected building without certificate from Health Officer. |
Two thousand |
|
414 |
|
Failure to close place
of public entertainment. |
Two thousand |
|
415 |
|
Sending infected child
to school. |
Five hundred |
|
416 |
|
Use or permitting the
use of book from public or circulating library by infected person. |
Five hundred |
|
417 |
|
Using water after
prohibition |
Five hundred |
|
419 |
|
Failure to give
information of smallpox |
Five hundred |
|
420 |
|
Entering city within
forty days of innoculation for smallpox without certificate. |
One thousand |
|
443 |
(7) |
Failure to produce
licence on request |
One hundred |
|
447 |
|
Failure to comply with
requisition to attend, produce document or give evidence. |
One thousand |
|
459 |
|
Preventing the
Commissioner or any person authorised by him from exercising his powers of
entry etc. |
Five hundred |
|
421 |
|
Contravention of any
rule framed under Section 421. |
One thousand |
|
424 |
|
Breach of Bye-law
framed under Section 423. |
Five hundred |
|
|
SCHEDULE III (TAXATION
RULES) |
|
|
|
Rule |
sub-rule |
|
|
|
27 |
(2) |
Failure to pay tax or
fees due to |
Twice the amount |
|
35 |
(1) |
corporation. |
due |