Top Banner
GOVERNMENT OF KARNATAKA KARNATAKA ACT 10 OF 1963 THE KARNATAKA HOUSING BOARD ACT, 1962 THE KARNATAKA HOUSING BOARD RULES, 1964 THE KARNATAKA HOUSING BOARD (BORROWING SUMS BY ISSUE OF DEBENTURE) RULES, 1967 THE KARNATAKA HOUSING BOARD REGULATIONS, 1983 THE KARNATAKA HOUSING BOARD (WORK-CHARGED ESTABLISHMENT EMPLOYEES) (ABSORPTION IN THE HOUSING BOARD SERVICES) RULES, 1985 THE KARNATAKA HOUSING BOARD (WORK CHARGED ESTABLISHEMENT EMPLOYEES) (ABSORPTION IN THE HOUSING BOARD SERVICES) RULES, 1999 DEPARTMENT OF PARLIAMENTARY AFFAIRS AND LEGISLATION 2000 THE KARNATAKA HOUSING BOARD ACT, 1962 ARRANGEMENT OF SECTIONS Preamble CHAPTER I 1. Short Title, extent and commencement 2. Definitions CHAPTER II 3. Constitution of the Board. 4. Leave of absence of Chairman. 5. Disqualification for appointment on Board. 6. Term of office and conditions of service. 7. Vacancy of a member. 8. Vacancy to be filled as early as practicable. 9. Proceedings presumed to be good and valid. 10. Appointment and powers of Housing Commissioner, Chief Engineer and Secretary. 10A.Officers and servants of the Board.
105

GOVERNMENT OF KARNATAKA - Housing Act OF KARNATAKA KARNATAKA ACT 10 OF 1963 THE KARNATAKA HOUSING BOARD ACT, 1962 THE KARNATAKA HOUSING BOARD RULES, 1964 THE KARNATAKA HOUSING BOARD

Apr 28, 2018

Download

Documents

lynguyet
Welcome message from author
This document is posted to help you gain knowledge. Please leave a comment to let me know what you think about it! Share it to your friends and learn new things together.
Transcript
Page 1: GOVERNMENT OF KARNATAKA - Housing Act OF KARNATAKA KARNATAKA ACT 10 OF 1963 THE KARNATAKA HOUSING BOARD ACT, 1962 THE KARNATAKA HOUSING BOARD RULES, 1964 THE KARNATAKA HOUSING BOARD

GOVERNMENT OF KARNATAKA

KARNATAKA ACT 10 OF 1963

THE KARNATAKA HOUSING BOARD ACT, 1962

THE KARNATAKA HOUSING BOARD RULES, 1964

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

THE KARNATAKA HOUSING BOARD REGULATIONS, 1983

THE KARNATAKA HOUSING BOARD (WORK-CHARGED ESTABLISHMENT

EMPLOYEES) (ABSORPTION IN THE HOUSING BOARD SERVICES) RULES, 1985

THE KARNATAKA HOUSING BOARD (WORK CHARGED ESTABLISHEMENT EMPLOYEES) (ABSORPTION IN THE HOUSING BOARD SERVICES) RULES,

1999

DEPARTMENT OF PARLIAMENTARY AFFAIRS AND LEGISLATION 2000

THE KARNATAKA HOUSING BOARD ACT, 1962 ARRANGEMENT OF SECTIONS

Preamble

CHAPTER I

1. Short Title, extent and commencement 2. Definitions

CHAPTER II

3. Constitution of the Board. 4. Leave of absence of Chairman. 5. Disqualification for appointment on Board. 6. Term of office and conditions of service. 7. Vacancy of a member. 8. Vacancy to be filled as early as practicable. 9. Proceedings presumed to be good and valid. 10. Appointment and powers of Housing Commissioner, Chief Engineer and

Secretary. 10A.Officers and servants of the Board.

Page 2: GOVERNMENT OF KARNATAKA - Housing Act OF KARNATAKA KARNATAKA ACT 10 OF 1963 THE KARNATAKA HOUSING BOARD ACT, 1962 THE KARNATAKA HOUSING BOARD RULES, 1964 THE KARNATAKA HOUSING BOARD

11. General disqualification of all officers and servants. 12. Appointment of committees. 13. Meetings of the Board. 14. Power to make contracts. 15. Execution of contracts. 16. Delegation.

CHAPTER III Housing Schemes and Land Development Schemes

17. Duty in Board to undertake housing schemes and land development

schemes. 18. Matter to be provided for by housing schemes.

18A. Matters to be provided for by land development schemes. 19. Preparation and submission of annual housing programme and land

development programme, budget and establishment schedule. 20. Sanction to programme, budget and establishment schedule. 21. Publication of sanctioned programme. 22. Supplementary programme and budget. 23. Variation of programme by Board after it is sanctioned. 24. Sanctioned housing schemes and land development schemes to be executed. 25. 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.

26. Compensation in respect of land vested in the Board. 27. Power of Board to turn or close Public Street vested in it. 28. Reference to tribunal in case of dispute under section 26 or section 27. 29. Vesting in the corporation, municipal council, municipal committee or other

municipal body, town board, sanitary board or Mandal Panchayat of streets laid out or altered and open space provided by the Board under housing scheme or land development scheme.

30. Other duties of the Board. 31. Reconstitution of plots. 32. Schemes entrusted to board by Government, etc. 32A.Board and the Housing Commissioner to exercise powers and functions

under the Karnataka Acts 22 of 1964, 14 of 1977 and 20 of 1985.

CHAPTER IV Acquisition and Disposal of Land

33. Power to purchase or lease by agreement. 34. Betterment charges/ 35. Notice to persons liable for betterment charges. 36. Agreement for payment of betterment charges. 37. Recovery of betterment charges. 38. Power to dispose of land. 39. Disputes regarding reconstitution of plots.

Page 3: GOVERNMENT OF KARNATAKA - Housing Act OF KARNATAKA KARNATAKA ACT 10 OF 1963 THE KARNATAKA HOUSING BOARD ACT, 1962 THE KARNATAKA HOUSING BOARD RULES, 1964 THE KARNATAKA HOUSING BOARD

CHAPTER V Tribunal

40. Tribunal. 41. Duties of the Tribunal. 42. Powers of and procedure before Tribunal. 43. Decision of Tribunal to be final. 44. Appeal to the High Court.

CHAPTER VI

Powers to Evict Persons from Board Premises

45. Power to evict persons from Board premises. 46. Power to recover rent, damages, installments of land or other dues as

arrears of land revenue. 47. Rent to be recovered by deductions from salary or wages in certain cases. 48. Appeal. 49. Finality of orders.

CHAPTER VII Finance, Account and Audit

50. Board’s fund. 51. Application of the fund. 52. Expenditure in case of urgency, etc. 53. Subventions and loans to the Board. 54. Power of Board to borrow. 54A.Mode of repaying loan. 54B.Establishment of a sinking fund. 55. Account and audit. 56. Concurrent and special audits of accounts.

CHAPTER VIII Labor Housing

57. Interpretation. 58. Duty of the Board to undertake labor housing schemes. 59. Provisions regarding housing accommodation. 60. Housing accommodation to be in good habitable condition. 61. Duty of the Board to inspect working class houses. 62. Powers of the Board in respect of houses occupied by working class people. 63. Power of the Board to acquire in sanitary houses, etc. 64. Compensation for house unfit for human habitation. 65. Maintenance of public streets by the Board. 66. Conditions relating to housing accommodation provided by employers. 67. Conditions relating to housing accommodation provided by employers after

commencement of Act. 68. Rent payable by employer recoverable as arrear of land revenue.

Page 4: GOVERNMENT OF KARNATAKA - Housing Act OF KARNATAKA KARNATAKA ACT 10 OF 1963 THE KARNATAKA HOUSING BOARD ACT, 1962 THE KARNATAKA HOUSING BOARD RULES, 1964 THE KARNATAKA HOUSING BOARD

CHAPTER IX Miscellaneous

69. Reports. 70. Other statements and returns.

70A. Housing Commissioner to furnish returns and reports etc., to the State Government.

70B. Power of Board to require returns, reports, production of documents, etc. 71. Power of entry. 72. Notice of suit against Board. 73. Triennial valuation of assets and liabilities of the Board. 74. Power to make rules. 75. Rules and Notifications to be laid before the State Legislature. 76. Regulations. 77. Power to make bye-laws. 78. Penalty for contravention of bye-laws. 79. Penalty for obstructing etc., 80. Authority for prosecution. 81. Certain persons to be public servants. 82. Protection of action taken under this Act. 83. Removal of doubt regarding non-applicability of the Karnataka Rent Control

Act, 1961. 84. Government’s power to give directions to Board. 85. Omitted. 86. Default in performance of duty. 87. Dissolution of the Board.

87A.Control by the State Government. 88. Removal of difficulties. 89. Repeal and savings.

Statement of objects and Reasons

I

Act 10 of 1963: The Mysore Housing Board Act, 1955 and the Mysore Labor 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 Mysore Housing Board are now confined to the Mysore Area only and the housing activities of the other4 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.-Karnataka Gazette Part IV-2-A dated 23.8.1962p. 661-662.

Page 5: GOVERNMENT OF KARNATAKA - Housing Act OF KARNATAKA KARNATAKA ACT 10 OF 1963 THE KARNATAKA HOUSING BOARD ACT, 1962 THE KARNATAKA HOUSING BOARD RULES, 1964 THE KARNATAKA HOUSING BOARD

II

Amending Act 10 of 1974: In order to ensure better implementation of Karnataka Housing Board Act, 1962, it was 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 authorize 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 revision 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 to 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:-Karnataka Gazette Extraordinary, dated 4th March, 1974, PART IV-2-A, No. 443, p 9.

III

Amending Act 8 of 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 offers 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

Page 6: GOVERNMENT OF KARNATAKA - Housing Act OF KARNATAKA KARNATAKA ACT 10 OF 1963 THE KARNATAKA HOUSING BOARD ACT, 1962 THE KARNATAKA HOUSING BOARD RULES, 1964 THE KARNATAKA HOUSING BOARD

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

installments of loan due to the Board. (vii) To recover arrears of installments 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: Karnataka Gazette Extraordinary, dated 5th February, 1988, PART IV – 2-A, No. 74, p. 13.

CHAPTER I

Preliminary

1. 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.

2. Definitions.- In this Act, unless the context otherwise requires.

a. "Board" means the Housing Board constituted otherwise requires. 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.

c. "Building materials" means such commodities or articles as are specified by the State Government by notification to be building materials for the purposes 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 authorized by the State

Government, by notification to perform the functions of the Competent Authority under Chapter VI for such areas 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;

1(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).]

Page 7: GOVERNMENT OF KARNATAKA - Housing Act OF KARNATAKA KARNATAKA ACT 10 OF 1963 THE KARNATAKA HOUSING BOARD ACT, 1962 THE KARNATAKA HOUSING BOARD RULES, 1964 THE KARNATAKA HOUSING BOARD

2(g-2) "Housing Commissioner" means, the Officer appointed under Section 10.]

h. "Housing scheme" means a housing scheme under this Act; i. "Land" includes benefits o arise out of land and things attached to the earth

or permanently fastened to anything attached to the earth;

3(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-house, 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;

a. "Prescribed" means prescribed by rules; b. "Programme" means the annual housing programme 4[and land

development programme] prepared by the Board under Section 19; c. "Regulations. means regulations made under Section 76; d. "Rent" means the amount payable to the Board in respect of the occupation

of a Board premises 5[but includes] the charges of] water and electricity payable in respect of water ad electricity used or consumed in the premises.

e. "Rules" means rules made under Section 74; f. "Secretary" means the Secretary of the Board; g. "Tribunal" mans the Tribunal specified under Section 40; and h. "Year. means the year commencing on the 1at day of April and ending on the

31st ay of March.

CHAPTER II

Establishment of the Board

3. 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 3[Karnataka Housing Board]3 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

Page 8: GOVERNMENT OF KARNATAKA - Housing Act OF KARNATAKA KARNATAKA ACT 10 OF 1963 THE KARNATAKA HOUSING BOARD ACT, 1962 THE KARNATAKA HOUSING BOARD RULES, 1964 THE KARNATAKA HOUSING BOARD

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.

4 [(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. S 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.]

1[(2-A) The names of members appointed including the Chairman shall be notified in the Official Gazette.]1

3. 2[Any Non-official members]2 of the Board 3[including the Chairman]3 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.

4. 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 purpose of this Act to be the Chairman.

5. 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 un discharged 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.

Page 9: GOVERNMENT OF KARNATAKA - Housing Act OF KARNATAKA KARNATAKA ACT 10 OF 1963 THE KARNATAKA HOUSING BOARD ACT, 1962 THE KARNATAKA HOUSING BOARD RULES, 1964 THE KARNATAKA HOUSING BOARD

2. A person shall not be disqualified under clause (d0 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 share holder of such company:

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

3[6. Term of office and conditions of service.-(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 ember 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 amy be prescribed.]

7. Vacancy a member .- 1[If the Chairman or any other member].-

a. Becomes subject to any of the disqualifications mentioned in Section 5;or a. Becomes subject to any of the disqualifications 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 2[cease to be the Chairman or a member].

8. Vacancy to be filled as early as practicable.-(1) 3[Any vacancy in the Office of the Chairman or of a member] shall be filled in as early as practicable.

Notwithstanding anything contained in this Act, the continuing members may during such vacancy have occurred.

9. 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.

Page 10: GOVERNMENT OF KARNATAKA - Housing Act OF KARNATAKA KARNATAKA ACT 10 OF 1963 THE KARNATAKA HOUSING BOARD ACT, 1962 THE KARNATAKA HOUSING BOARD RULES, 1964 THE KARNATAKA HOUSING BOARD

4[10. Appointment and powers of Housing Commissioner, Chief Engineer and Secretary.-(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 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 Engineer and the Secretary. A copy of every order granting such leave shall be communicated to the Chairman.

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 implementing the 1[housing schemes, land development schemes and labor 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.

10-A. 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 exercised 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.]

Page 11: GOVERNMENT OF KARNATAKA - Housing Act OF KARNATAKA KARNATAKA ACT 10 OF 1963 THE KARNATAKA HOUSING BOARD ACT, 1962 THE KARNATAKA HOUSING BOARD RULES, 1964 THE KARNATAKA HOUSING BOARD

11. 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.

12. 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 function 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.

13. 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 1[seven];

2[(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, authorize any officer not below the rank of a Deputy Secretary in writing, to do so;]2

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.

d. 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;

e. The minutes of the proceedings of each meeting shall be recorded in a book to be provided for the purpose.

13. 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.

14. Execution of contracts.-(1) Every contract shall be made on behalf of the Board by the 3[Housing Commissioner]:

Provided that:-

a. No contract involving an expenditure of rupees 4[fifty lakhs] and more shall be made without the previous sanction of the State Government;

Page 12: GOVERNMENT OF KARNATAKA - Housing Act OF KARNATAKA KARNATAKA ACT 10 OF 1963 THE KARNATAKA HOUSING BOARD ACT, 1962 THE KARNATAKA HOUSING BOARD RULES, 1964 THE KARNATAKA HOUSING BOARD

b. (I) no contract involving an expenditure of rupees 1[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 2[ten lakhs] and more shall, subject to clause (a), be made 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 3[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 nor made or executed as provided in this section and the rules made there under shall not be binding on the Board.

1[16. Delegation.-1(1)1 The State Government may, by notification, authorize 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.]1

1[(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.]1

CHAPTER III

Housing Schemes 2[And Land Development Schemes]2

17. Duty of Board to undertake housing schemes 8[and land development schemes].-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 9[and land development schemes] as it may consider necessary from time to time, or as may be entrusted to it by the State Government.

18. 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;

Page 13: GOVERNMENT OF KARNATAKA - Housing Act OF KARNATAKA KARNATAKA ACT 10 OF 1963 THE KARNATAKA HOUSING BOARD ACT, 1962 THE KARNATAKA HOUSING BOARD RULES, 1964 THE KARNATAKA HOUSING BOARD

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 1[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 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.

2[18-A. Matters to be provided for by Land Development Schemes.-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.]

19. Preparation and submission of annual housing programme 1[and land development programme] budget and establishment schedule.-(1)

Page 14: GOVERNMENT OF KARNATAKA - Housing Act OF KARNATAKA KARNATAKA ACT 10 OF 1963 THE KARNATAKA HOUSING BOARD ACT, 1962 THE KARNATAKA HOUSING BOARD RULES, 1964 THE KARNATAKA HOUSING BOARD

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 2[housing schemes, land development schemes and labor 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 organize or execute during the next year for the purpose of the production of building materials; and

(c) Such other particulars as may be prescribed. (d) The budget shall contain a statement showing the estimated receipts and

expenditure on capital and revenue accounts for the next year.

20. 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.

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

22. 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.

23. 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 expenditure in excess of 1[twenty per cent] of the amount as originally sanctioned for the execution of any housing scheme 2[or land development scheme] included in such programme or affects its scope or purpose.

24. Sanctioned housing schemes 3[and land development schemes] to be executed.-3 [(1)]3 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 Sections 23, proceed to execute the 5[housing schemes, land development schemes and labor housing schemes] included in the programme.

6[(2) The Board shall not execute any 7[housing scheme, land development scheme and labor housing scheme] unless the same has been sanctioned by the State Government.]

Page 15: GOVERNMENT OF KARNATAKA - Housing Act OF KARNATAKA KARNATAKA ACT 10 OF 1963 THE KARNATAKA HOUSING BOARD ACT, 1962 THE KARNATAKA HOUSING BOARD RULES, 1964 THE KARNATAKA HOUSING BOARD

25. Transfer to the Board for purposes of housing scheme 3[for land development scheme]3 of land vested in a corporation, 1[a municipal council or a Mandal Panchayat]1.-(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 4[taluk development of boards]4, town board, sanitary board or 1[Mandal Panchayat]1 constituted under any law relating to taluk development boards, town boards, sanitary boards, or 1[Mandal Panchayats]1 and is vested in such 4[taluk development boards]4, town board, sanitary board or the 1[Mandal Panchayat]1,

is within the area included in the programme sanctioned by the State Government and is required for the purposes of such housing scheme 8[or land development scheme], the Board shall give notice accordingly to the corporation, municipal committee or municipal body, 4[taluk development boards]4, town board, sanitary board or the 1[Mandal Panchayat]1, as the case may be.

2. Where the corporation, municipal council, municipal committee, or municipal body, 4[x x x x x ]4, town board, sanitary board or 1[Mandal Panchayat]1 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, 1[x x x x x ]1, town board or sanitary board or 2[Mandal Panchayat]2 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, 1[x x x x x]1, town board, sanitary board or 2[Mandal Panchayat]2 in or over any drain or water work in such street, square or land.

26. 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 1[x x x x x]1, town board, sanitary board, or the 2[Mandal Panchayat]2, 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 committee, or municipal body, the 1[x x x x x]1, town board, sanitary board, or the 2[Mandal Panchayat]2 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

Page 16: GOVERNMENT OF KARNATAKA - Housing Act OF KARNATAKA KARNATAKA ACT 10 OF 1963 THE KARNATAKA HOUSING BOARD ACT, 1962 THE KARNATAKA HOUSING BOARD RULES, 1964 THE KARNATAKA HOUSING BOARD

corporation, the municipal council, municipal committee or municipal body, 1[x x x x x]1, town board, sanitary board, or 2[Mandal Panchayat]2, 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 1[x x x x ]1, town board, sanitary board, or 2[Mandal Panchayat]2, as the case may be, the Board shall pay to the corporation, the municipal council, municipal committee or municipal body, the 1[x x x x x]1, town board, sanitary board, or the 2[Mandal Panchayat]2, compensation in respect of such land in accordance with the provisions of sub-section (2).

27. 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 sub-section (2), the Board shall make allowance for any benefit accruing to him from the construction, provision or improvement of any other public street at or about the same time that the public street or part thereof, on account of which the compensation is paid is discontinued or closed.

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.

28. 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.

29. Vesting in the corporation, municipal council, municipal committee or other municipal body 1[x x x x x]1, town board, sanitary board or 2[Mandal Panchayat]2 of streets laid out or altered and open space provided by the Board under housing scheme 3[or land development scheme]3.-

1. Whenever the State Government is satisfied.-

a. That any street laid out or altered by the Board has been duly leveled, paved, metalled, flagged, channeled, 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 1[x x

Page 17: GOVERNMENT OF KARNATAKA - Housing Act OF KARNATAKA KARNATAKA ACT 10 OF 1963 THE KARNATAKA HOUSING BOARD ACT, 1962 THE KARNATAKA HOUSING BOARD RULES, 1964 THE KARNATAKA HOUSING BOARD

x x]1, town board, sanitary board or 2[Mandal Panchayat]2, 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, 1[x x x x x]1, town board, sanitary board or 2[Mandal Panchayat]2, 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 3[of land development scheme]3, 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, 1[x x x x x ]1, town board, sanitary board or 2[Mandal Panchayat]2, 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.

30. 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 standardization of building materials; b. Encouraging prefabrication and mass production of house components; c. Organizing or undertaking the production of building materials required for

the housing schemes. d. Encouraging research for discovering cheap building materials and involving

new methods of economic construction. e. Securing a steady and sufficient supply of workmen trained in the work of

construction of buildings.

31. Reconstitution of plots.-A 3[housing scheme, land development scheme or a labor 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 severalty 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 4[or land development scheme].

32. Schemes entrusted to Board by Government, etc.-(1) The provisions of Sections 18 to 24 (both inclusive) shall not be applicable to any 5[housing scheme, land development scheme or a labor 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

Page 18: GOVERNMENT OF KARNATAKA - Housing Act OF KARNATAKA KARNATAKA ACT 10 OF 1963 THE KARNATAKA HOUSING BOARD ACT, 1962 THE KARNATAKA HOUSING BOARD RULES, 1964 THE KARNATAKA HOUSING BOARD

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, whether in the execution of any scheme undertaken by, or entrusted to it, or otherwise.

1[32-A. Board and the Housing Commissioner to exercise powers and functions under the Karnataka Acts 22 of 1964, 14 of 1977 and 20 of 1985.-(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 Panchayat 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.]2

Page 19: GOVERNMENT OF KARNATAKA - Housing Act OF KARNATAKA KARNATAKA ACT 10 OF 1963 THE KARNATAKA HOUSING BOARD ACT, 1962 THE KARNATAKA HOUSING BOARD RULES, 1964 THE KARNATAKA HOUSING BOARD

CHAPTER IV

Acquisition and Disposal of Land

33. 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 1[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 2[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 3[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.

34. Betterment charges.-(1) When by the making of a housing scheme 4[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 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 livable 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 (30, 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.

35. Notice to persons liable for betterment charges.-(1) The Board shall give notice in the prescribed from 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.

Page 20: GOVERNMENT OF KARNATAKA - Housing Act OF KARNATAKA KARNATAKA ACT 10 OF 1963 THE KARNATAKA HOUSING BOARD ACT, 1962 THE KARNATAKA HOUSING BOARD RULES, 1964 THE KARNATAKA HOUSING BOARD

(2) After hearing such person of 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.

36. 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 first charge upon the interest of such person in such land.

37. 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.

38. 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 1[or land development scheme] sanctioned under this Act.

39. Disputes regarding reconstitution of plots.-(10 Where by the making of a housing scheme 2[or land development scheme] any plots comprised in the area include 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.

Page 21: GOVERNMENT OF KARNATAKA - Housing Act OF KARNATAKA KARNATAKA ACT 10 OF 1963 THE KARNATAKA HOUSING BOARD ACT, 1962 THE KARNATAKA HOUSING BOARD RULES, 1964 THE KARNATAKA HOUSING BOARD

CHAPTER V

Tribunal

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

41. Duties of the Tribunal.-The Tribunal shall.-

a. decide wither 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.

42. 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.

43. 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.

44. 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 VI

Power to evict person from Board Premises

45. Power to evict certain persons from Board premises.-(1) If the Competent Authority is satisfied.-

a. that the person authorized 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

Page 22: GOVERNMENT OF KARNATAKA - Housing Act OF KARNATAKA KARNATAKA ACT 10 OF 1963 THE KARNATAKA HOUSING BOARD ACT, 1962 THE KARNATAKA HOUSING BOARD RULES, 1964 THE KARNATAKA HOUSING BOARD

1[(I-a) not paid any of the installments 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;]1

i. sub-let, without the permission of the Board, the whole or any part of such premises; or

ii. otherwise acted in contravention of any of the terms, express or implied, under which he is authorized to occupy such premises; or

(b) that any person is in unauthorized 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 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;

Provide that no such order shall be passed unless the person has been afforded an opportunity to show because 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) 1or (I-a)1 or (ii) 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 1[or any installment of loan in arrears]1 or carries out or otherwise compels 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.

46. Power to recover 4[rent, damages, installments of loan or other dues] as arrears of land revenue.-(1) 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 1[or any arrears of installment of loan or other dues payable to the Board]1 the Competent Authority may, be 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 same within such time not being less than Thirty days as

Page 23: GOVERNMENT OF KARNATAKA - Housing Act OF KARNATAKA KARNATAKA ACT 10 OF 1963 THE KARNATAKA HOUSING BOARD ACT, 1962 THE KARNATAKA HOUSING BOARD RULES, 1964 THE KARNATAKA HOUSING BOARD

may be specified in the notice. If such person refuses or fails to pay the arrears of rent 1[or arrears of installment of loan or other dues]1 within the time specified in the notice, such arrears may be recovered as arrears of land revenue 1[or by distrait and sale of movable property of the defaulter by such Officer, in such manner and in accordance with such procedure as may be prescribed.]1

(2) Where any person is in unauthorized 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 refuse 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.

47. 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 favor 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.

48. 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.

Provide 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.

Page 24: GOVERNMENT OF KARNATAKA - Housing Act OF KARNATAKA KARNATAKA ACT 10 OF 1963 THE KARNATAKA HOUSING BOARD ACT, 1962 THE KARNATAKA HOUSING BOARD RULES, 1964 THE KARNATAKA HOUSING BOARD

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

49. 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 be final and shall not be called in question in any original suit, application or execution proceedings.

CHAPTER VII

Finance, Accounts and Audit

50. 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.

1[(3) x x x ]1

(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.

2[(6) x x x]2

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.

51. 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.

52. 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 3[rupees one lakh], notwithstanding the fact that such expenditure has not been included in its annual programme or supplementary programme sanctioned by the State Government or the variation of the programme made under Section 23.

Page 25: GOVERNMENT OF KARNATAKA - Housing Act OF KARNATAKA KARNATAKA ACT 10 OF 1963 THE KARNATAKA HOUSING BOARD ACT, 1962 THE KARNATAKA HOUSING BOARD RULES, 1964 THE KARNATAKA HOUSING BOARD

(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 1[rupees one lakh]1 from one subhead to another and from one minor head to another under the same major head and submit a statement of such expropriations to the State Government.

53. 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.

54. Power of Board to Borrow.-1(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.]1

(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.

1[(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 recognized Housing Financial Institutions.]1

2[(54-A. Mode of repaying loan.-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.

Page 26: GOVERNMENT OF KARNATAKA - Housing Act OF KARNATAKA KARNATAKA ACT 10 OF 1963 THE KARNATAKA HOUSING BOARD ACT, 1962 THE KARNATAKA HOUSING BOARD RULES, 1964 THE KARNATAKA HOUSING BOARD

54-B. 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.]

55. 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. The audited accounts and the report shall be laid before each Houses of the State Legislature, as soon as may be after they are received by the State Government.

(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.

56. Concurrent and special audits of accounts.-(1) Notwithstanding anything contained in Section 55, the State Government may order that there shall be concurred 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 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 VIII

Labor Housing

57. 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

Page 27: GOVERNMENT OF KARNATAKA - Housing Act OF KARNATAKA KARNATAKA ACT 10 OF 1963 THE KARNATAKA HOUSING BOARD ACT, 1962 THE KARNATAKA HOUSING BOARD RULES, 1964 THE KARNATAKA HOUSING BOARD

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, labors 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 exceeds on an average one hundred and twenty-five rupees a month, and the families of any such person 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.

58. Duty of the Board to undertake labor housing schemes.-(1) It shall be the duty of the Board to provide for the welfare of labor 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 scheme for the provision of suitable housing accommodation for employees, promote measures directed towards.-

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

(ii) the improvement of public health and sanitation;

Page 28: GOVERNMENT OF KARNATAKA - Housing Act OF KARNATAKA KARNATAKA ACT 10 OF 1963 THE KARNATAKA HOUSING BOARD ACT, 1962 THE KARNATAKA HOUSING BOARD RULES, 1964 THE KARNATAKA HOUSING BOARD

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

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

and may incur in respect of such measures expenditure from the fund of the Board within such limits as may be prescribed by the State Government.

59.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.

58. 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

Page 29: GOVERNMENT OF KARNATAKA - Housing Act OF KARNATAKA KARNATAKA ACT 10 OF 1963 THE KARNATAKA HOUSING BOARD ACT, 1962 THE KARNATAKA HOUSING BOARD RULES, 1964 THE KARNATAKA HOUSING BOARD

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, one 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.

(4) 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.

61.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.

62.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 0 in respect of

Page 30: GOVERNMENT OF KARNATAKA - Housing Act OF KARNATAKA KARNATAKA ACT 10 OF 1963 THE KARNATAKA HOUSING BOARD ACT, 1962 THE KARNATAKA HOUSING BOARD RULES, 1964 THE KARNATAKA HOUSING BOARD

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 there upon apply to such houses as if the Board were a Local Authority and the owner of such houses were the Board.

63.Power of the Board to acquire in sanitary 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 so fit or so arranged as to be un congested, 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.

64.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.

65.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.

66.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

Page 31: GOVERNMENT OF KARNATAKA - Housing Act OF KARNATAKA KARNATAKA ACT 10 OF 1963 THE KARNATAKA HOUSING BOARD ACT, 1962 THE KARNATAKA HOUSING BOARD RULES, 1964 THE KARNATAKA HOUSING BOARD

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 fir 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 (v0 the circumstances in which such employees can be evicted from such accommodation.

67.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.

68.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 IX

Miscellaneous

69.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.

70.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 1[housing schemes, land development schemes or labor 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.

2[70-A. Housing commissioner to furnish returns and reports etc., to the State Government.-The Housing Commissioner shall furnish to the State Government such reports and returns as such intervals as the State Government may by order direct.

70-B. 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

Page 32: GOVERNMENT OF KARNATAKA - Housing Act OF KARNATAKA KARNATAKA ACT 10 OF 1963 THE KARNATAKA HOUSING BOARD ACT, 1962 THE KARNATAKA HOUSING BOARD RULES, 1964 THE KARNATAKA HOUSING BOARD

c. a copy of any document in his charge.

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

71.Power of entry.-3[The Housing Commissioner or any person either generally or specially authorized by him or the Board]3 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 there under:

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;

72. Notice of suit against Board.-No person shall commence any suit against the Board 1[Housing Commissioner, Chief Engineer, Secretary]1 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, 1[,Housing Commissioner, Chief Engineer, Secretary]1, 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.

73.Triennial valuation of assets and liabilities of the Board.-The Board shall triennially have a valuation of its assets and liabilities made by a value 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.

Page 33: GOVERNMENT OF KARNATAKA - Housing Act OF KARNATAKA KARNATAKA ACT 10 OF 1963 THE KARNATAKA HOUSING BOARD ACT, 1962 THE KARNATAKA HOUSING BOARD RULES, 1964 THE KARNATAKA HOUSING BOARD

74.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 1[of the Chairman and other members]1 and remuneration and conditions of service under Section 6;

b. the manner and from in which contracts shall be entered into under Section 15;

c. the form of annual housing programme 2[and land development programme, budget and schedule of staff of Officers and servants, particulars of housing schemes 2[or land development schemes]2 and other particulars to be contained in the programme under Section 19;

d. the from 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 data 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

75. 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 House 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.

Page 34: GOVERNMENT OF KARNATAKA - Housing Act OF KARNATAKA KARNATAKA ACT 10 OF 1963 THE KARNATAKA HOUSING BOARD ACT, 1962 THE KARNATAKA HOUSING BOARD RULES, 1964 THE KARNATAKA HOUSING BOARD

76. 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 any rules made under this Act.-

a. for the management and use of buildings constructed under any housing schemes;

b. the principles to be followed in allotment of tenements and premises; c. for regulating its procedure and the disposal of its business.

77.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.

78.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 five hundred rupees or with both.

79.Penalty for obstructing, etc.-If any person-

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. remove any mark set up for the purpose of indicating any level or direction necessary to the execution of works authorized 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.

80.Authority for prosecution.-Unless otherwise provided, no Court shall take cognizance of any offence punishable under this Act except on the complaint of, or upon information received from, the Board or some person authorized by the Board by general or special order in this behalf.

81.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.

82.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.

Page 35: GOVERNMENT OF KARNATAKA - Housing Act OF KARNATAKA KARNATAKA ACT 10 OF 1963 THE KARNATAKA HOUSING BOARD ACT, 1962 THE KARNATAKA HOUSING BOARD RULES, 1964 THE KARNATAKA HOUSING BOARD

83.Removal of doubt regarding non-applicability of the 1[Karnataka]1 Rent control Act, 1961.-For the removal of doubt, it is hereby declared that the 1[Karnataka]1 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.

84.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, 2[x x x x]2 and it shall be the duty of the Board to comply with such directions.

3[85. x x x ]3

86. 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 super session of the Board and until it is reconstituted, the powers, duties and function 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.

87. 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 realizable by the Board shall vest in and be realizable by the State Government;

Page 36: GOVERNMENT OF KARNATAKA - Housing Act OF KARNATAKA KARNATAKA ACT 10 OF 1963 THE KARNATAKA HOUSING BOARD ACT, 1962 THE KARNATAKA HOUSING BOARD RULES, 1964 THE KARNATAKA HOUSING BOARD

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 realized 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.

1[87-A. Control by the State Government.-(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.]1

88.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 of 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.

89.Repeal and savings.-From the date of establishment of the Board under this Act.-

a. the Karnataka Housing Board Act, 1955 (Karnataka Act AX of 1955); the Karnataka Labor 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 stand repealed;

b. the properties, right 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 Labor Housing Fund constituted under the Karnataka Labor 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 Section 6 and 24 of the 1[Karnataka]1 General Clauses Act, 1899 1(Karnataka)1 Act III of 1899), shall be applicable in respect of the repeal of the Acts specified in clause (a).

Page 37: GOVERNMENT OF KARNATAKA - Housing Act OF KARNATAKA KARNATAKA ACT 10 OF 1963 THE KARNATAKA HOUSING BOARD ACT, 1962 THE KARNATAKA HOUSING BOARD RULES, 1964 THE KARNATAKA HOUSING BOARD

NOTIFICATIONS

1

Bangalore, dated the 20th January, 1965

Subject: Karnataka Housing Board Act, 1963 – Passes orders bringing the Act into force.

S.O. 1930: In exercise of the powers conferred by sub-section (3) of Section 1 of the Karnataka Housing Board Act, 1962 (Karnataka Act 10 of 1963), the Government of Karnataka hereby appoints the 27th day of January 1965, as the date on which the said Act shall come into force.

[No. PHS 51 PHB/63(2)]

By order and in the name of the Government of Karnataka

(K. KHADER MOHIEDDIN)

Under Secretary

II

Notification No. HUD 92 KHB 88, dated 30th day of April, 1988

In exercise of the powers conferred by Section 1(2) of the Karnataka Housing Board Amendment Act, 1988 the Government of Karnataka hereby appoint 1st May 1988 as the day on which the Karnataka Housing Board (Amendment) Act 1988 shall come into force.

By Order and in the name of the Governor of Karnataka

(R. ASWARTHNARAYANA RAO)

Under Secretary to Government, Housing & Urban Development

Department (H)

Page 38: GOVERNMENT OF KARNATAKA - Housing Act OF KARNATAKA KARNATAKA ACT 10 OF 1963 THE KARNATAKA HOUSING BOARD ACT, 1962 THE KARNATAKA HOUSING BOARD RULES, 1964 THE KARNATAKA HOUSING BOARD

THE KARNATAK HOUSING BOARD RULES, 1964

CONTENTS

1. Title 2. Definitions

a. Act b. Form c. Government d. Schedule e. Section

3. Allowance to the Chairman and other Members. 4. Leave to the Chairman

4A. Appointment of Officers and servants of the Board. 5. Condition of service of the Officers and servants of the Board 6. Committees 7. Execution of contracts 8. Preparation and submission of Annual Housing Programme, Housing

Scheme, Budget and Establishment Schedule 9. Disposal of land 10. Conditions of occupation of Housing Accommodation 11. Notices

11A.Proceduer in appeals 12. Procedure for taking possession 13. Assessment of damages for un-authorized occupation 14. Preparation and maintenance of Accounts 15. Fixation of Rent 16. Registers regarding Rent paid by Employer 17. Manner of Payment of Rent 18. Standard of Accommodation 19. Returns to be furnished by the Employers 20. Returns to be furnished by the Board 21. Annual statement to be Published 22. Super session of the Board

FORMS

AMENDMENT RULES

Page 39: GOVERNMENT OF KARNATAKA - Housing Act OF KARNATAKA KARNATAKA ACT 10 OF 1963 THE KARNATAKA HOUSING BOARD ACT, 1962 THE KARNATAKA HOUSING BOARD RULES, 1964 THE KARNATAKA HOUSING BOARD

THE KARNATAKA

HOUSING BOARD RULES, 1964

(As amended by GSR 322, dated 18-7-1967;GSR 61, dated 27-2-1971; GSR 44, dated 17-2-1973; GSR 150, dated 14-5-1974; GSR 180, dated 24-6-1976; GSR 42, dated 25/28-1-1978; SO 1106,dated 7/12-4-1978 and GSR 103, dated 20-4-1983.)GSR 409.-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.

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

2. 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.

3. Allowance to the Chairman and other Members.-(1) There shall be paid to the Chairman.-

a. If he is a non-official.-

2(I) [x x x x x x;]2

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

3 [(b) if he is an Officer of the Government, the salary and allowances admissible to him from time to time as a member of the State Civil Service or the All India Services as the case may be.]

1[(2) A member of the Board shall be entitled to a sitting fee of 3[rupees Seventy-five] only per day of sitting , and daily allowances and traveling 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

Page 40: GOVERNMENT OF KARNATAKA - Housing Act OF KARNATAKA KARNATAKA ACT 10 OF 1963 THE KARNATAKA HOUSING BOARD ACT, 1962 THE KARNATAKA HOUSING BOARD RULES, 1964 THE KARNATAKA HOUSING BOARD

present shall draw daily allowance and traveling allowance for attending the business of the Board: 3[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.]3 4[4. Leave to the Chairman.- x x x x x,] 5[4-A. Appointment of Officers and servants of the Board.-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. Gardeners; 10. Sweepers; and

11. Appointment of Government Servants on deputation.]

5. Condition of service of the Officers and servants of the Board.- 1[(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.2[(2) The Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957 shall mutatis mutandis, be applicable to the Officers and servants of the Board. The authority empowered to appoint, the authority empowered to impose penalties and penalties which he may impose and Appellate Authority in respect of the Officers and Servants of the Board shall be as mentioned in Schedule below.-

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

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

Housing Commissioner Chairman

Page 41: GOVERNMENT OF KARNATAKA - Housing Act OF KARNATAKA KARNATAKA ACT 10 OF 1963 THE KARNATAKA HOUSING BOARD ACT, 1962 THE KARNATAKA HOUSING BOARD RULES, 1964 THE KARNATAKA HOUSING BOARD

v to vii

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.)

Class of Posts Authority empowered to appoint

Authority empowered to impose penalties and penalties which he may impose

Appellate Authority

Authority Penalties (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 Sheristedar-cum-super-intendents, 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 Commissioner

Executive Engineer, Housing Commissioner

Ii to iv

V to viii

Housing Commissioner Chairman]

6. 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.

Page 42: GOVERNMENT OF KARNATAKA - Housing Act OF KARNATAKA KARNATAKA ACT 10 OF 1963 THE KARNATAKA HOUSING BOARD ACT, 1962 THE KARNATAKA HOUSING BOARD RULES, 1964 THE KARNATAKA HOUSING BOARD

(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.

7. 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.1[(2) For the execution of works or the supply of any materials or goods by or on behalf of or in favor of the Board, the rules and forms prescribed by the Karnataka 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.] 8. Preparation and submission of Annual Housing Programme, Housing Scheme, Budget and Establishment Schedule.-

1. (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 housing 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.

9. 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.

10. 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 charges or on account of any additions or alterations or both to or any conveniences provided;

Page 43: GOVERNMENT OF KARNATAKA - Housing Act OF KARNATAKA KARNATAKA ACT 10 OF 1963 THE KARNATAKA HOUSING BOARD ACT, 1962 THE KARNATAKA HOUSING BOARD RULES, 1964 THE KARNATAKA HOUSING BOARD

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 near 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 authorized 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 authorized 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 the street;

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 favor 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 neighbors. The decision of the Competent Authority as to whether any act causes such nuisance or not shall be final and binding on him;

Page 44: GOVERNMENT OF KARNATAKA - Housing Act OF KARNATAKA KARNATAKA ACT 10 OF 1963 THE KARNATAKA HOUSING BOARD ACT, 1962 THE KARNATAKA HOUSING BOARD RULES, 1964 THE KARNATAKA HOUSING BOARD

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 authorized 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 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 authorized by the Board and any communication signed by the said Competent Authority or other Officer duly authorized by the Board and addressed to him and sent by registered any conspicuous part of the said premises shall be considered to be sufficient service;

t. The occupancy may be terminated by either said 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 subsidized 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 there under;

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 provision of the Act.

Page 45: GOVERNMENT OF KARNATAKA - Housing Act OF KARNATAKA KARNATAKA ACT 10 OF 1963 THE KARNATAKA HOUSING BOARD ACT, 1962 THE KARNATAKA HOUSING BOARD RULES, 1964 THE KARNATAKA HOUSING BOARD

1[11. Notice.-(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.]

1[11-A. Procedure in appeals.-(1) An appeal preferred under Section 48 if 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 shall appoint a time and place for the hearing of the appeal and shall give notice thereof to the Competent Authority against whose orders the appeal is preferred and to the appellant.]1

12. 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.

13. Assessment of damages for un-authorized occupation.-(1) In assessing damages for unauthorized 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 unauthorized occupation

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

c. the tent that would have been realized if the premises had been let out for the period of unauthorized occupation;

d. any damage done to the premises during the period of unauthorized 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 unauthorized occupation an opportunity of being heard.

Page 46: GOVERNMENT OF KARNATAKA - Housing Act OF KARNATAKA KARNATAKA ACT 10 OF 1963 THE KARNATAKA HOUSING BOARD ACT, 1962 THE KARNATAKA HOUSING BOARD RULES, 1964 THE KARNATAKA HOUSING BOARD

14. Preparation and maintenance of Accounts.-1[(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.]1

(2) The Board shall publish its annual statement of Receipts and Expenditures 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.

15. 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.

16. Register regarding Rent paid by Employer.-(1) Every employer for whose employee 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 taken of such verification.

17. 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 authorized to receive payment as may be intimated by the Board.

18. 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 in sanitary condition prejudicial to public health.

Page 47: GOVERNMENT OF KARNATAKA - Housing Act OF KARNATAKA KARNATAKA ACT 10 OF 1963 THE KARNATAKA HOUSING BOARD ACT, 1962 THE KARNATAKA HOUSING BOARD RULES, 1964 THE KARNATAKA HOUSING BOARD

(3) Each Unit of labor houses shall consist of a front verandah with a pial, a hall, 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 sand the employer shall comply with such directions as the said Officers may give regarding the maintenance of the accommodation.

19. Returns to be furnished by the employers.-Every employer shall furnish to the Board or to such Officers as the Board may authorize 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.

20. 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 balanced of rent and loan; IV. Copies of the minutes of the Board; V. Annual statement of Receipts and Expenditure.

21. 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.

22. Super session 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 super session shall take effect.

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

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

Page 48: GOVERNMENT OF KARNATAKA - Housing Act OF KARNATAKA KARNATAKA ACT 10 OF 1963 THE KARNATAKA HOUSING BOARD ACT, 1962 THE KARNATAKA HOUSING BOARD RULES, 1964 THE KARNATAKA HOUSING BOARD

He shall allow the Board or its Officers, agents or servants or any other person duly authorized by the Board to enter upon and inspect the premises and to carry out such additions and alterations of work on the 1[11. Notice.-(1) A show cause Notice under proviso to sub-section (1) of Section 45 shall be in Form IV.

1. Final notice under sub-section (1) of Section 45 be in Form IV-A. 2. A Notice under sub-section (1) of Section 46 shall be in Form V. 3. A notice under sub-section (2) of Section 46 shall be in Form VI.]

1[11-A. Procedure in appeals.-(1) An appeal preferred under Section 48 if 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 shall appoint a time and place for the hearing of the appeal and shall give notice thereof to the Competent Authority against whose orders the appeal is preferred and to the appellant.]

12. 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.

FORM – I

[See Rule 8]

Housing Programme for the Year

1. Subsidized Industrial Housing Scheme.

(State Budget Provision for ……………..lakhs)

A. State Government Projects

Page 49: GOVERNMENT OF KARNATAKA - Housing Act OF KARNATAKA KARNATAKA ACT 10 OF 1963 THE KARNATAKA HOUSING BOARD ACT, 1962 THE KARNATAKA HOUSING BOARD RULES, 1964 THE KARNATAKA HOUSING BOARD

Sl. No.

Name of Project

No. of tenements

Estimated cost

Outlay incurred to the end of March of

previous year

Balance in the sanctioned cost

B. Employer’s Projects

Sl. 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. Lump

sum 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 Estimate Cost Outlay to end of March of previous year

Page 50: GOVERNMENT OF KARNATAKA - Housing Act OF KARNATAKA KARNATAKA ACT 10 OF 1963 THE KARNATAKA HOUSING BOARD ACT, 1962 THE KARNATAKA HOUSING BOARD RULES, 1964 THE KARNATAKA HOUSING BOARD

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

Page 51: GOVERNMENT OF KARNATAKA - Housing Act OF KARNATAKA KARNATAKA ACT 10 OF 1963 THE KARNATAKA HOUSING BOARD ACT, 1962 THE KARNATAKA HOUSING BOARD RULES, 1964 THE KARNATAKA HOUSING BOARD

During the year

Grand Total

O.B.

Allotment for

Total funds available for

Expenditure during the

Year.

III. Subsidized Rental Housing Scheme

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

provisions 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

Page 52: GOVERNMENT OF KARNATAKA - Housing Act OF KARNATAKA KARNATAKA ACT 10 OF 1963 THE KARNATAKA HOUSING BOARD ACT, 1962 THE KARNATAKA HOUSING BOARD RULES, 1964 THE KARNATAKA HOUSING BOARD

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:

Sl. 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

Finalized in due course)

Financial position

O.B.

Allotment for

Page 53: GOVERNMENT OF KARNATAKA - Housing Act OF KARNATAKA KARNATAKA ACT 10 OF 1963 THE KARNATAKA HOUSING BOARD ACT, 1962 THE KARNATAKA HOUSING BOARD RULES, 1964 THE KARNATAKA HOUSING BOARD

(Budget provision)

Total funds available fore

Expenditure during the

Year

V. Plantation Labor Housing Scheme.

Allotment for Rs. Lakhs

Physical target Houses

FORM II

[See Rule 8]

Karnataka Housing Board-Statement ‘A’

Budget Estimates for the year 19…19 abstract

Receipts Estimate for

Revised estimate for the current year

Estimate for the current year

Actuals for the previous year

Expenditure Columns as on receipts year

Rs. Rs. Rs. Rs.

A. General Receipts

Administration Expenditure

B. Sale proceeds of land Buildings

Expenditure on repairs, maintenance, etc.

C. Debts-Deposits Advances

Capital

Expenditure

D. Debts-Deposits Advances

Page 54: GOVERNMENT OF KARNATAKA - Housing Act OF KARNATAKA KARNATAKA ACT 10 OF 1963 THE KARNATAKA HOUSING BOARD ACT, 1962 THE KARNATAKA HOUSING BOARD RULES, 1964 THE KARNATAKA HOUSING BOARD

Total Receipts

Total Expenditure

Opening Balance

Closing Balance

Grand Total

Grand Total

Karnataka Housing Board

Budget Estimates for the year……….

Statement ‘B’ – Receipts

Head of account Budget Estimates

Revised Estimates

Budget Estimates

Actuals for

1 2 3 4 5

A. General Receipts

1. Rent on Buildings

a. Rent on buildings under

S.I.H.S.

b. Rent on buildings under

S.R.H.S.

2. Miscellaneous receipts

3. (a) Subsidy under State

(b) Subsidy under employers

project (S.I.H.Scheme)

(c) Subsidy under rental

housing Scheme

(L.I.G.H.Scheme)

4. Grants from government

Page 55: GOVERNMENT OF KARNATAKA - Housing Act OF KARNATAKA KARNATAKA ACT 10 OF 1963 THE KARNATAKA HOUSING BOARD ACT, 1962 THE KARNATAKA HOUSING BOARD RULES, 1964 THE KARNATAKA HOUSING BOARD

a. Towards Administration

Charges

b. Towards Extra cost on

State Projects

5. Grants, donations and gifts

from Government and other

sources

6. Interest on investments

7. Supervision charges

Total ‘A’

B. Capital Receipts

a. T and P receipts b. Sale proceeds of land and

Buildings

Total ‘B’

C. Debts, Deposits, Advances

1. Deposits

1. (a) Parties contribution

towards construction of

Buildings (S.I.H.S.)

(b) Parties contribution

towards construction of

buildings (L.I.G.H.S.)

(c) Do (M.I.G.H.S.)

Head of account Budget Estimates

Revised Estimates

Budget Estimates

Actuals for

Page 56: GOVERNMENT OF KARNATAKA - Housing Act OF KARNATAKA KARNATAKA ACT 10 OF 1963 THE KARNATAKA HOUSING BOARD ACT, 1962 THE KARNATAKA HOUSING BOARD RULES, 1964 THE KARNATAKA HOUSING BOARD

• Loans from Government: a. For Subsidized

Industrial

Housing Scheme

b. Do (Employers Scheme)

c. For Low Income Group

Housing Scheme (including S.R.H.Scheme)

d. For Plantation Labour

Housing Scheme

1. Loans from Government for Middle

Income Group Housing Scheme

• Loans from government under

Acquisition and Development

Scheme

6. Loans from other sources

7. Recoveries towards loans granted

under Low Income Group

Housing Scheme.-

Principal

Interest

8. Recoveries towards loans granted

under Middle Income Group

Page 57: GOVERNMENT OF KARNATAKA - Housing Act OF KARNATAKA KARNATAKA ACT 10 OF 1963 THE KARNATAKA HOUSING BOARD ACT, 1962 THE KARNATAKA HOUSING BOARD RULES, 1964 THE KARNATAKA HOUSING BOARD

Housing Scheme.-

Principal

Interest

9. Recoveries towards loans granted

under Land acquisition and

Development Scheme.-

Principal

Interest

10. Recoveries towards loans

granted under Employers

Scheme.-

Principal

Interest

11. Recoveries towards loans

granted under.-

Principal

Interest

12. Suspense Accounts.-

a. Stock b. Advances c. Purchases d. T and P Tractors and Trailers

13. Withdrawals from investment.-

Total ‘C’

Total Receipts

Page 58: GOVERNMENT OF KARNATAKA - Housing Act OF KARNATAKA KARNATAKA ACT 10 OF 1963 THE KARNATAKA HOUSING BOARD ACT, 1962 THE KARNATAKA HOUSING BOARD RULES, 1964 THE KARNATAKA HOUSING BOARD

KARNATAKA HOUSING BOARD

Budget Estimate for the year……….

Statement ‘C’

Expenditure

Head of Account Budget Estimate

Revised Estimate

Budget Estimate

Actuals for

1 2 3 4 5

A. Administration Expenditure

1. (a) Salary of Officers

(b) Pay of Establishment

(c) Allowance and Honoraria

Allowance to Chairman

• Law Charges.- a. Remuneration to Legal

Adviser b. Other Law charges

1. Contingencies.-

i. Office Contingency ii. Stationery and Printing iii. Postage iv. Rent on buildings v. Furniture, etc. vi. Maintenance of Van vii. Exhibition viii. Misc. and Un-foreseen

4. Reimbursement of Medical Charges

5. Traveling Allowance.-

6. Audit Charges.-

7. Tools and Plant.-

Page 59: GOVERNMENT OF KARNATAKA - Housing Act OF KARNATAKA KARNATAKA ACT 10 OF 1963 THE KARNATAKA HOUSING BOARD ACT, 1962 THE KARNATAKA HOUSING BOARD RULES, 1964 THE KARNATAKA HOUSING BOARD

Total ‘A’ Adm. Expenditure

B. Expenditure on Repairs

Maintenance, etc.

a. Ordinary repairs b. Special Repairs c. Rates and Taxes

Total B. Revenue Expenditure

C. Capital Expenditure

A and B Original works and cost of land

Head of Account Budget Estimates

Revised Estimates

Budget Estimate

Actuals for

1 2 3 4 5

1. Subsidized Industrial Housing Scheme

2. (a) Low Income Group Housing Scheme

(General)

(b) S.R.H.S.

3. Middle Income group Housing Scheme

4. Tools and Plant

Total C Capital Expenditure

D. Debts. Deposits-Advances

1. Loans and Advances to Individuals and Institutions.-

Page 60: GOVERNMENT OF KARNATAKA - Housing Act OF KARNATAKA KARNATAKA ACT 10 OF 1963 THE KARNATAKA HOUSING BOARD ACT, 1962 THE KARNATAKA HOUSING BOARD RULES, 1964 THE KARNATAKA HOUSING BOARD

a. Loans under Low Income

Group Housing Scheme

b. Loans under Middle Income group Housing Scheme

c. Loans under Plantation Labor Housing Scheme

d. Loans under Employer’s Scheme

e. Loans under Land Acquisition and Development Scheme

2. Repayment of Loans drawn from

Government.-

a. Subsidized Industrial

Housing Scheme

b. Low Income Group

Housing Scheme.-

Principal

Interest

c. Middle Income Group

Housing Scheme.-

Principal

Interest

d. Repayment of loan under

"Employer’s Scheme

Principal

Interest

E. Repayment of loan under Land

Page 61: GOVERNMENT OF KARNATAKA - Housing Act OF KARNATAKA KARNATAKA ACT 10 OF 1963 THE KARNATAKA HOUSING BOARD ACT, 1962 THE KARNATAKA HOUSING BOARD RULES, 1964 THE KARNATAKA HOUSING BOARD

Acquisition and Development Scheme

Principal

Interest

3. Refund of deposits

4. Investments

5. Suspense Accounts:

a. Stock b. Advances c. Purchases d. Tools and Plant (Tractors and

Trailers)

Net transactions including Bicycle Advance as follows.-

Advances

Granted

Recoveries

Total D:Debts, Deposits, Advances

Total Expenditure

FORM III

[See Rule 8]

‘A’

Schedule of Staff Provision for 196…..196

Page 62: GOVERNMENT OF KARNATAKA - Housing Act OF KARNATAKA KARNATAKA ACT 10 OF 1963 THE KARNATAKA HOUSING BOARD ACT, 1962 THE KARNATAKA HOUSING BOARD RULES, 1964 THE KARNATAKA HOUSING BOARD

Sl.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

Sl. 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

Dearness 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

Page 63: GOVERNMENT OF KARNATAKA - Housing Act OF KARNATAKA KARNATAKA ACT 10 OF 1963 THE KARNATAKA HOUSING BOARD ACT, 1962 THE KARNATAKA HOUSING BOARD RULES, 1964 THE KARNATAKA HOUSING BOARD

1[FORM IV

[See Rule 11]

Form of Show Cause Notice under proviso to sub-section (1) of Section 45 of the Karnataka 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 unauthorized 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 authorized 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

Page 64: GOVERNMENT OF KARNATAKA - Housing Act OF KARNATAKA KARNATAKA ACT 10 OF 1963 THE KARNATAKA HOUSING BOARD ACT, 1962 THE KARNATAKA HOUSING BOARD RULES, 1964 THE KARNATAKA HOUSING BOARD

*Any of the alternative which is relevant to be specified.

**Omit if not applicable.

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.]1

FORM III

[See Rule 8]

‘A’

Schedule of Staff Provision for 196…..196

Page 65: GOVERNMENT OF KARNATAKA - Housing Act OF KARNATAKA KARNATAKA ACT 10 OF 1963 THE KARNATAKA HOUSING BOARD ACT, 1962 THE KARNATAKA HOUSING BOARD RULES, 1964 THE KARNATAKA HOUSING BOARD

Sl.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

Sl. 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

Dearness 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

Page 66: GOVERNMENT OF KARNATAKA - Housing Act OF KARNATAKA KARNATAKA ACT 10 OF 1963 THE KARNATAKA HOUSING BOARD ACT, 1962 THE KARNATAKA HOUSING BOARD RULES, 1964 THE KARNATAKA HOUSING BOARD

1[FORM IV

[See Rule 11]

Form of Show Cause Notice under proviso to sub-section (1) of Section 45 of the Karnataka 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 unauthorized 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 authorized 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

Page 67: GOVERNMENT OF KARNATAKA - Housing Act OF KARNATAKA KARNATAKA ACT 10 OF 1963 THE KARNATAKA HOUSING BOARD ACT, 1962 THE KARNATAKA HOUSING BOARD RULES, 1964 THE KARNATAKA HOUSING BOARD

*Any of the alternative which is relevant to be specified.

**Omit if not applicable.

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.]1

THE KARNATAKA HOUSING BOARD (AMENDMENT) RULES, 1967

GSR 322.-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 to amend the Karnataka Housing Board Rules, 1964, the draft the same having been published as required by sub-section (1) of the said section in Notification

Page 68: GOVERNMENT OF KARNATAKA - Housing Act OF KARNATAKA KARNATAKA ACT 10 OF 1963 THE KARNATAKA HOUSING BOARD ACT, 1962 THE KARNATAKA HOUSING BOARD RULES, 1964 THE KARNATAKA HOUSING BOARD

No. GSR 71, dated 24th January, 1967 in Part IV, Section 2-C(I) of the Karnataka Gazette, dated 9th February, 1967, namely.-

1. Title.-These rules may be called the Karnataka Housing Board (Amendment) Rules, 1967.

2. Amendment of Rule 3.-In Rule 3 of the Karnataka Housing Board Rules, 1964 (thereinafter referred to as the said rules), for sub-rule (2) of the following sub-rule shall be substituted, namely.-

"(2) A member of the Board shall be entitled to a sitting fee of rupees twenty only per day of sitting, and daily allowances and traveling 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 traveling 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.

3. Amendment of Rule 11.-In the said rules for Rule 11, the following rule shall be substituted, namely.-

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

1. Final notice under sub-section (1) of Section 45 be in Form IV A. 2. A Notice under sub-section (1) of Section 46 shall be in Form V. 3. A notice under sub-section (2) of Section 46 shall be in Form VI.

4. Insertion of new Rule 11-A.In the said rules after Rule 11, the following rule shall be inserted, namely.-

"11-a. Procedure in appeals.-(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 shall appoint a time and place for the hearing of the appeal and shall give notice thereof to the Competent Authority against whose orders the appeals is preferred and to the appellant.

5. Amendment of Form IV.-In the said rules, for Form IV, the following Forms shall be substituted, namely.

FORM IV

Page 69: GOVERNMENT OF KARNATAKA - Housing Act OF KARNATAKA KARNATAKA ACT 10 OF 1963 THE KARNATAKA HOUSING BOARD ACT, 1962 THE KARNATAKA HOUSING BOARD RULES, 1964 THE KARNATAKA HOUSING BOARD

[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 unauthorized 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 authorized 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

FORMS 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:

Page 70: GOVERNMENT OF KARNATAKA - Housing Act OF KARNATAKA KARNATAKA ACT 10 OF 1963 THE KARNATAKA HOUSING BOARD ACT, 1962 THE KARNATAKA HOUSING BOARD RULES, 1964 THE KARNATAKA HOUSING BOARD

Reasons.

1.

2.

3.

4.

Now, therefore, in exercise of the powers conferred on me by sub-section (1) of Section 45 of 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.

THE KARNATAKA HOUSING BOARD (AMENDMENT) RULES, 1971

GSR 61.-Whereas, a draft of the rules further to amend the Karnataka Housing Board Rules, 1964, was published as required by sub-section (1) of Section 74 of the Karnataka housing Board Act, 1962 (Karnataka Act 10 of 1963) in Notification No. GSR 50, dated the 17th February, 1971, in the Karnataka Gazette, Extraordinary, dated the 17th February, 1971 inviting objections and suggestions from all persons likely to be affected thereby on or before 24th February, 1971.

And, whereas, the said Gazette was made available to the public on 17th February, 1971.

And, whereas, no objections or suggestions have been received by the State Government on the said draft.

Now, therefore, 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, namely.-

1. Title and commencement.-(1) These rules may be called the Karnataka Housing Board (Amendment) Rules, 1971.

Page 71: GOVERNMENT OF KARNATAKA - Housing Act OF KARNATAKA KARNATAKA ACT 10 OF 1963 THE KARNATAKA HOUSING BOARD ACT, 1962 THE KARNATAKA HOUSING BOARD RULES, 1964 THE KARNATAKA HOUSING BOARD

(2) They shall come into force at once.

2. Amendment of rule 3.-In Rule 3 of the Karnataka Housing Board Rules, 1964 (hereinafter referred to as the said rules), for clause (b), the following clause shall be substituted, namely.-

"(b) if he an Officer of the Government the salary and allowances admissible to him from time to time as a member of the State Civil Service or the All India Services as the case may be".

3. Amendment of Rule 4.-To Rule 4 of the said rules, the following proviso shall be added namely.-

"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".

THE KARNATAKA HOUSING BOARD (AMENDMENT) RULES, 1972

GSR 44.-In exercise of powers conferred by Section 74 of the Karnataka Housing Board of Act, 1962 (Karnataka Act 10 of 1963) the Government of Karnataka hereby makes the following rules further to amend the Karnataka Housing Board Rules, 1964 the draft of the same having been published as required by sub-section (1) of the said section in Notification No. GSR 279, dated 7th August, 1972 in Part IV, Section 2-C(I) of the Karnataka Gazette, dated 10th August, 1972, namely.-

1. Title and commencement.-(1) These rules may be called the Karnataka Housing Board (Amendment) Rules, 1972.

(2) They shall come into force at once.

2. Amendment of Rule 3.-In sub-rule (2) of Rule 3 of the Karnataka Housing Board Rules, 1964.-

i. for the words "rupees twenty" the words ‘rupees forty" shall be substituted, and

ii. after the second proviso, the following proviso shall be inserted, namely:

Page 72: GOVERNMENT OF KARNATAKA - Housing Act OF KARNATAKA KARNATAKA ACT 10 OF 1963 THE KARNATAKA HOUSING BOARD ACT, 1962 THE KARNATAKA HOUSING BOARD RULES, 1964 THE KARNATAKA HOUSING BOARD

"Provided also a member may perform road journey in his own car between places connected by rail and claim road mileage both ways. In respect of such journey the member shall certify in the bill that he has performed the journey in his own car".

THE KARNATAKA HOUSING BOARD (AMENDMENT) RULES, 1974

GSR 150.-Whereas, the draft of the rules further to amend the Karnataka Housing Board Rules, 1964 was published as required by sub-section (1) of Section 74 of the Karnataka Housing Board Act, 1962 (Karnataka Act 10 of 1963) in Notification No. DPC 140 DHB 74, dated 8th May, 1974 in the Karnataka Gazette, Extraordinary, Part IV, Section 2-C(I), dated 8th May, 1974 inviting objections and suggestions from all person likely to be affected thereby on or before the 13th may, 1974.

And, whereas, the said Gazette was made available to the public on the 8th May, 1974.

And, whereas, no objections or suggestions have been received on the said draft by the State Government.

Now, therefore, in exercise of the powers conferred by Section 74 of the Karnataka Housing Board Act, 1962 (Karnataka Act 12 of 1963), the Government of Karnataka hereby makes the following rules, namely.-

1. Title and commencement.-(1)These rules may be called the Karnataka Housing Board (Amendment) rules. 1974.

(2) They shall come into force at once.

2. Amendment of Rule 3.- Item (I) of clause (a) of sub-rule (1) of Rule 3 of the Karnataka Housing Board Rules, 1964, (hereinafter referred to as the said rules) shall be omitted.

3. Omission of Rule 4.-Rule 4 of the said rules shall be omitted.

1THE KARNATAKA HOUSING BOARD (AMENDMENT) RULES, 1976

` GSR 180.-Whereas, a draft of the rules further to amend the Karnataka Housing Board Rules, 1964, was published as required by sub-section (1) of Section 74 of the Karnataka Housing Board Act, 1962 (Karnataka Act 10 of 1963) in Notification No. GSR 96 (FD 133 KHB 75), dated 16th march, 1976 in the Karnataka Gazette, Part IV Section 2-C(I), dated 25th march, 1976 inviting objections and suggestions from all persons likely to be affected thereby on or before 19th April, 1976.

Page 73: GOVERNMENT OF KARNATAKA - Housing Act OF KARNATAKA KARNATAKA ACT 10 OF 1963 THE KARNATAKA HOUSING BOARD ACT, 1962 THE KARNATAKA HOUSING BOARD RULES, 1964 THE KARNATAKA HOUSING BOARD

And, whereas, the said Gazette was made available to the public on 25th March, 1976.

And, whereas, no objections or suggestions have been received on the said draft.

Now, therefore, 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, namely.-

1. Title and commencement.-(1) These rules may be called the Karnataka Housing Board (Amendment) Rules, 1976.

(2) They shall come into force at once.

2. Amendment of Rule 3.-In sub-rule (2) of Rule 3 of the Karnataka Housing board Rules, 1964, for the words "Rupees forty" the words "rupees seventy five" shall be substituted.

THE KARNATAKA HOUSING BOARD (AMENDMENT) RULES, 1978

GSR 42: Whereas, a draft of the following rules further to amend the Karnataka Housing Board Rules, 1964, was published as required by sub section (1) of Section 74 of the Karnataka Housing Board Act, 1962 (Karnataka Act 10 of 1963) in Notification No. GSR 164 (HUD 159 KHB 77) dated 8th December 1977 in the Karnataka Gazette Part IV Section 2-C(i), dated the 8th December 1977 inviting objections and suggestions from all persons likely to be affected thereby on or before 5th January 1978.

And, whereas, the said Gazette was made available to the public on 8th December, 1977.

And, whereas, no objections or suggestions have been received on the said draft;

Now, therefore, 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, namely:

1. Title and commencement: (1) These rules may be called the Karnataka Housing Board (Amendment) Rules, 1978.

(2) They shall come into force at once.

Page 74: GOVERNMENT OF KARNATAKA - Housing Act OF KARNATAKA KARNATAKA ACT 10 OF 1963 THE KARNATAKA HOUSING BOARD ACT, 1962 THE KARNATAKA HOUSING BOARD RULES, 1964 THE KARNATAKA HOUSING BOARD

2. Amendment of Rule 7: For sub-rule (2) of Rule 7 of the Karnataka Housing Board Rules, 1964 (hereinafter referred to as the said rules), the following sub-rule shall be substituted namely:

“(2) For the execution of works or the supply of any materials or goods by or on behalf of or in favor of the Board, the rules and forms prescribed by the Karnataka 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”.

3. Amendment of Rule 14: For sub-rule (1) of Rule 14 of the said rules, the following sub-rule shall be substituted namely:

“(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”.

By Order and in the name Of the Governor of Karnataka

L. B. Mannikatti,

Special Officer & Ex-officio Deputy Secretary to Government Housing and

Urban Development Department (Housing)

1THE KARNATAKA HOUSING BOARD (AMENDMENT) RULES, 1978

S.O. 1106.-whereas, the draft of the rules further to amend the Karnataka Housing Board Rules, 1964 was published as required by sub-section (1) of Section 74 of the Karnataka Housing Board Act, 1962 (Karnataka Act 10 of 1963) in Notification No. HUD 119 KHB 76, dated 28th January/1st February, 1978 in the Karnataka Gazette, part Iv, Section 2-C(I), dated the 9th February, 1978 inviting objections and suggestions from all person likely to be affected thereby on or before the 27th February, 1978.

And, whereas, the said Gazette was made available to the public on the 9th February, 1978.

Page 75: GOVERNMENT OF KARNATAKA - Housing Act OF KARNATAKA KARNATAKA ACT 10 OF 1963 THE KARNATAKA HOUSING BOARD ACT, 1962 THE KARNATAKA HOUSING BOARD RULES, 1964 THE KARNATAKA HOUSING BOARD

And, whereas, no objections or suggestions have been received on the said draft by the State Government.

Now, therefore, 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 namely.-

1. Title and commencement.-(1) These rules may be called the Karnataka Housing Board (Amendment) Rules, 1978.

(2) They shall come into force at once.

2. Insertion of new Rule 4-A.-After Rule 4 of the Karnataka Housing Board Rules, 1964, the following rules shall be inserted, namely.-

"4-A. Appointment of Officers and servants of the Board.-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.

By Order and in the name Of the Governor of Karnataka

U. Anantha Padmanabha Rao

Under Secretary to Government Housing and Urban Department

1THE KARNATAKA HOUSING BOARD (AMENDMENT) RULES, 1982

GSR 103.In exercise of the powers conferred by Section 74 read with sub-section (2) of Section 10-A 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 243, dated 6th November, 1981 in Part IV, Section 2-C(I) and as amended in corrigendum

Page 76: GOVERNMENT OF KARNATAKA - Housing Act OF KARNATAKA KARNATAKA ACT 10 OF 1963 THE KARNATAKA HOUSING BOARD ACT, 1962 THE KARNATAKA HOUSING BOARD RULES, 1964 THE KARNATAKA HOUSING BOARD

No. GSR 247, dated 13th November, 1981 in Part IV, Section 2-C(I) of the Karnataka Gazette, Extraordinary, dated 13th November, 1981.

1. Title and commencement.-(1) These rules may be called the Karnataka housing Board (Amendment) Rules, 1982.

(2) They shall come into force at once.

2. Amendment of Rule 5.-Rule 5 of the Karnataka Housing Board rules, 1964, shall be renumbered as sub-rule (1) and after sub-rule (1) as so renumbered, the following sub-rule shall be inserted, namely.-

"(2) The Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957 shall mutatis mutandis, be applicable to the Officers and servants of the Board. The authority empowered to appoint, the authority empowered to impose penalties and penalties which he may impose and Appellate Authority in respect of the Officers and Servants of the Board shall be as mentioned in Schedule below.-

SCHEDULE A

For Officials of Karnataka Housing Board 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 Penalties (Rule 8)

1 2 3 4 5 6

1. Revenue Office,

General Assistant,

Manager and

Superintendents

Housing Commissioner

Secretary Housing Commissioner

Ii to iv

V to viii

Housing Commissioner Chairman

2. First Division Clerks,

Stenographers,

-do- -do- -do- -do-

Page 77: GOVERNMENT OF KARNATAKA - Housing Act OF KARNATAKA KARNATAKA ACT 10 OF 1963 THE KARNATAKA HOUSING BOARD ACT, 1962 THE KARNATAKA HOUSING BOARD RULES, 1964 THE KARNATAKA HOUSING BOARD

Inspectors

3. Second Division Clerks,

Typists, Sheroffs,

Telephone Operators,

Bill Collectors,

Electricians and Drivers

-do- -do- -do- -do-

4. Attenders, Daffedars,

Lift Attenders,

Gardeners Peons,

Cleaners, Watchmen,

Sweepers, Blue Printers

-do- -do- -do- -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

Page 78: GOVERNMENT OF KARNATAKA - Housing Act OF KARNATAKA KARNATAKA ACT 10 OF 1963 THE KARNATAKA HOUSING BOARD ACT, 1962 THE KARNATAKA HOUSING BOARD RULES, 1964 THE KARNATAKA HOUSING BOARD

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 Penalties (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 Sheristedar-cum-super-intendents, 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

Housing Commissioner

Executive Engineer, Housing Commissioner

Ii to iv

V to viii

Housing Commissioner Chairman

Page 79: GOVERNMENT OF KARNATAKA - Housing Act OF KARNATAKA KARNATAKA ACT 10 OF 1963 THE KARNATAKA HOUSING BOARD ACT, 1962 THE KARNATAKA HOUSING BOARD RULES, 1964 THE KARNATAKA HOUSING BOARD

Stenographers, Ii

Division Clerks

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

CONTENTS

Rules Page No.

1. Title and commencement…………………………………… 705

2. Definitions…………………………………………………….. 705

(a) Act………………………………………………………… 705

(b) Debenture………………………………………………... 706

3. Borrowing of sums by the Board…………………………… 706

4. Reservation of Debentures…………………………………. 706

5. Application……………………………………………………. 706

6. Subscriptions…………………………………………………. 706

7. Value of Debentures………………………………………… 706

8. Conditions subject to which debentures may be issued… 707

FORM…………………………………………………………. 707-708

GSR 549.-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.-

Page 80: GOVERNMENT OF KARNATAKA - Housing Act OF KARNATAKA KARNATAKA ACT 10 OF 1963 THE KARNATAKA HOUSING BOARD ACT, 1962 THE KARNATAKA HOUSING BOARD RULES, 1964 THE KARNATAKA HOUSING BOARD

1. Title and commencement.-(1) These rules may be called the Karnataka Housing Board (Borrowing sums by issue of Debenture) Rules, 1967.

(2) They shall come into force at once.

2. 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.

3. 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.

4. 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 as may be fixed by the Board from time to time, shall be paid to Banks, Brokers and authorized Agents on their application and also on application 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.

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

6. Subscriptions.-(1) Subscriptions to the debentures may be made by cheques or demand drafts drawn in favor 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

Page 81: GOVERNMENT OF KARNATAKA - Housing Act OF KARNATAKA KARNATAKA ACT 10 OF 1963 THE KARNATAKA HOUSING BOARD ACT, 1962 THE KARNATAKA HOUSING BOARD RULES, 1964 THE KARNATAKA HOUSING BOARD

paid. The debentures shall be issued only after the subscriptions are fully realized.

(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 subscription received upto ten per cent in excess of the sum floated.

7. 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.

8. 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 recognizable. 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 recognizable, 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 unrecognizable, 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.

Form of Application

[See Rule 5]

Karnataka Housing Board

Application for debentures………….per cent

Page 82: GOVERNMENT OF KARNATAKA - Housing Act OF KARNATAKA KARNATAKA ACT 10 OF 1963 THE KARNATAKA HOUSING BOARD ACT, 1962 THE KARNATAKA HOUSING BOARD RULES, 1964 THE KARNATAKA HOUSING BOARD

years 19……19…

To

The Chairman,

Karnataka Housing Board,

Bangalore.

Dear Sir,

Issue of 19…….19….Years debentures……..

Interest at……..per cent Issue price…..Rs…..

I/We hereby apply for debentures of the face value of Rs……of 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…………….

Page 83: GOVERNMENT OF KARNATAKA - Housing Act OF KARNATAKA KARNATAKA ACT 10 OF 1963 THE KARNATAKA HOUSING BOARD ACT, 1962 THE KARNATAKA HOUSING BOARD RULES, 1964 THE KARNATAKA HOUSING BOARD

3. At the Chairman’s Office, Bangalore (by pressing the bonds on the due dates).

Note:-Strike the portion not required.

Name/Names in full………………….

In Block letters……………………….

Address in full………………………..

Yours faithfully,

Signature.

Note.-

1. The name in which the bonds are required should be mentioned in block letters. If the bonds are to be held in joint names, the order in that the names are to be written should be given. In the case of an institution the bonds will be issued in the name of the institution itself.

2. Specific mention should be made of the Bank or Office and the place where the interest on debentures is to be drawn.

THE KARNATAKA HOUSING BOARD (ALLOTMENT) REGULATIONS, 1983

CONTENTS

Regulations Page No.

1. Title ……………………………………………………………... 710

2. Definitions………………………………………………………. 710

(a) Act…………………………………………………………… 710

(b) Allotment……………………………………………………. 710

(c) Allottee………………………………………………………. 710

(d) Board………………………………………………………... 710

Page 84: GOVERNMENT OF KARNATAKA - Housing Act OF KARNATAKA KARNATAKA ACT 10 OF 1963 THE KARNATAKA HOUSING BOARD ACT, 1962 THE KARNATAKA HOUSING BOARD RULES, 1964 THE KARNATAKA HOUSING BOARD

(e) Government………………………………………………… 710

(f) House………………………………………………………... 710

(g) Sites…………………………………………………………. 710

(h) Income………………………………………………………. 710

(i) Economically Weaker Section Group and Low Income Group…………………………………………………………….

710

(j) Middle Income Group ……………………………………… 711

(k) Higher Income Group……………………………………… 711

(l) Price of the Sire…………………………………………….. 711

(m) Stray site/house…………………………………………… 711

3. Offer of Sites/Houses for allotment………………………….. 711

4. Reservation of sites/houses………………………………….. 712

4-A. Allotment of stray sites/houses………………………………. 713

5. Allottees to be a Lessee………………………………………. 713

6. Application……………………………………………………… 713

7. Registration Application……………………………………….. 715

8. Eligibility for Allotment…………………………………………. 715

9. Procedure for Allotment……………………………………….. 716

10. Revocation of Proposal for Allotment of Sites/Houses…….. 717

11. Revision of Price……………………………………………….. 718

12. Conditions of Allotment on lease-cum-sale basis………….. 718

13. Allotment of Houses on Outright sale basis………………… 719

14. …………………………………………………………………… 720

15. …………………………………………………………………… 720

16. …………………………………………………………………… 720

AMENDMENT REGULATIONS …………………………….. 721-722

Page 85: GOVERNMENT OF KARNATAKA - Housing Act OF KARNATAKA KARNATAKA ACT 10 OF 1963 THE KARNATAKA HOUSING BOARD ACT, 1962 THE KARNATAKA HOUSING BOARD RULES, 1964 THE KARNATAKA HOUSING BOARD

1[HOUSING AND URBAN DEVELOPMENT SECRETARIAT

Regulations for allotment of houses constructed by the Karnataka

Housing Board – Revision of –

Read:

1. Government Order No. DPC 91 DGB 66 dated 23rd February 67. 2. D.O. Letters No. KHB/ADM3/121/82-83 dated 18th March Karnataka

Housing Board, Bangalore.

Preamble:

Page 86: GOVERNMENT OF KARNATAKA - Housing Act OF KARNATAKA KARNATAKA ACT 10 OF 1963 THE KARNATAKA HOUSING BOARD ACT, 1962 THE KARNATAKA HOUSING BOARD RULES, 1964 THE KARNATAKA HOUSING BOARD

In the D.O. letters read at (2) above, the Housing Commissioner Karnataka Housing Board, Bangalore, has forwarded the Revised Allotment Regulations 1983 for approval of Government. Section 76 of the Karnataka Housing Board Act, 1962, contemplates that the Board may from time, to time, with previous sanction of Government make regulations consistent with the Act and with any rules made there under indicating the principles to be followed in allotment of tenements and premises.

ORDER NO. HUD 31 LIH 77 BANGALORE, DATED 7TH JULY 1983.

In super session of the Government Order No. DPC 91 DHB 66 dated 23rd February 1967, Government are pleased to convey approval to the adoption of the Revised Karnataka Housing Board Allotment Regulations 1983 as appended to this Order.

By Order and in the name of the Governor of Karnataka,

R.S. SUJATHA

Deputy Secretary to Government, HUD Department,

Housing.

APPENDIX TO GOVERNMENT ORDER NO. HUD 31 LIH 77

DATED 7TH JULY 1983

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

KARNATAK HOUSING BOARD ALLOTMENT REGULATIONS 1983

(As amended by G.O.No. HUD 64 KHB 84, dated 14-8-1984 and GSR 64, dated 31-3-1994)

Page 87: GOVERNMENT OF KARNATAKA - Housing Act OF KARNATAKA KARNATAKA ACT 10 OF 1963 THE KARNATAKA HOUSING BOARD ACT, 1962 THE KARNATAKA HOUSING BOARD RULES, 1964 THE KARNATAKA HOUSING BOARD

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

These Regulations shall come into force at once.

2. 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. c. "Allotted" means a persons to whom an allotment is made under

these regulations and includes heirs of such allot tee; d. "Board" means Karnataka Housing Board; e. "Government’ means the Government of Karnataka; f. "House" means a dwelling unit whether detached, semi-detached or

part of a row which can be allotted as a unit along with its land under these regulations and shall also include a flat;

g. "Sites" means sites formed in the layouts by the Board with different dimensions determined by the Board for being allotted to persons belonging to Economically Weaker Section, Low, Middle and Higher Income Groups of People, including shop sites and Industrial sites to be allotted to individuals or institutions;

h. "Income" means the gross household income of the applicant and his wife/her husband;

i. "Economically Weaker Section Group and Low Income Group" means the class of persons whose annual income does not exceed rupees seven thousand two hundred.

OR

Such annual income as may be fixed by the Government from time to time.

j. "Middle Income Group" means the class of persons whose annual income exceeds Rs. 7,200/- but does not exceed Rs. 18,000

OR

Such annual income as may be fixed by the Government from time to time.

k. "Higher Income Group" means the class of persons whose annual income exceeds Rs. 18,000/- but does not exceed Rs. 50,000

OR

Such annual income as may be fixed by the Government from time to time.

l. "Price of the Site" means the value of the site including all incidental charges incurred for acquisition of such site and ‘Price of the house’

Page 88: GOVERNMENT OF KARNATAKA - Housing Act OF KARNATAKA KARNATAKA ACT 10 OF 1963 THE KARNATAKA HOUSING BOARD ACT, 1962 THE KARNATAKA HOUSING BOARD RULES, 1964 THE KARNATAKA HOUSING BOARD

means the value of the house together with the price of the site on which it is built which term shall also include all incidental charges that are incurred for construction of the said house. It also includes administrative and service charges or such other charges that may be incurred by the Board.

1[(m)"Stray site/house" means a site/house which was once allotted but subsequently the allotment was cancelled by the Board or surrendered by the allot tee or a site/house which has been formed/constructed on account of readjustment in the plan subsequent to the issue of notification inviting applications for allotment of sites/houses.]

3. Offer of Sites/Houses for allotment.-(1) Whenever Board has formed sites and constructed houses in pursuance of any scheme, the Board may offer all or any of sites/houses for allotment to person eligible for allotment under these regulations.

(2) Due publicity shall be given in respect of sites/houses for allotment specifying their location, number of sites/houses, the amount payable as Earnest Money Deposit/Registration Fee and such other particulars as the Board may consider necessary, by:

a. Affixing Notices:

i. On the notice Board of the Office of the Karnataka Housing Board; ii. On the Notice Board of the Divisional, Sub-Divisional Office(s) of the

Karnataka housing Board in whose area the sites/houses are to be allotted;

iii. On the Notice Board of the Taluk office/Taluk Development Board office in whose area the sites/houses are to be allotted.

a. Publication in the Karnataka Gazette, and not less than three daily news papers of which one should be a Karnataka Daily having wide circulation in the area in which the sites are formed or houses are constructed, as may from time to time be decided by the Board. Provided that if in response to any earlier notification for allotment of houses/sites in the same area or demand survey notification, adequate application are available for allotment, it shall not be necessary for the Board to give publicity again for such sites/houses.

4. Reservation of sites/houses.-1[The Board may on their own or under directions from Government reserve sites/houses in any area for allotment to any specified class of persons and such class of persons may consist of employees in any office or establishment in the City, Town or other places in which the sites are formed/houses are constructed. There shall be reserved in each area where house/sites are notified a discretionary quota up to 10 per cent in each category of house/sites, subject to a maximum of which may be disposed by the Board at its discretion, with the prior approval of the Government.]

Page 89: GOVERNMENT OF KARNATAKA - Housing Act OF KARNATAKA KARNATAKA ACT 10 OF 1963 THE KARNATAKA HOUSING BOARD ACT, 1962 THE KARNATAKA HOUSING BOARD RULES, 1964 THE KARNATAKA HOUSING BOARD

(2) Where sites/houses are reserved under clause (1) the procedure to be followed for allotment shall be such as may be determined by the Board from time to time or as may be directed by the Government.

(3) the provisions of Rules 8 and 9 below shall mutatis mutandis be applicable for allotment of sites/houses reserved under clause (1), except for the Board’s discretionary quota.

1[4-A. Allotment of stray sites/houses.-The Karnataka Housing Board shall dispose of a stray site/house in accordance with the directions issued by Government from time to time.]1

5. Allot tees to be a Lessee.-Allot tee of a site/houses notified under these regulations shall be deemed to be lessee of the site/house, until the lease is terminated or the site/house is conveyed to the allot tee in accordance with these regulations. During the period of the leases the allot tee shall pay the Board a rent of Rs. 10 only per annum at the beginning of each year.

6. Application.-(I) Applications for allotment of sites/houses on lease-cum-sale basis by persons belonging to Economically weaker sections, Low Income Group, Middle Income Group and Higher Income Group shall be in the form for the being approved by the Board which may be obtained from the office of the Board on payment of an amount prescribed by the Board which is not refundable. Application shall be accompanied by.-

a. Bank Draft for having deposited as Earnest Money Deposit/Registration Fee a sum of Rs. 1000 in respect of urban Housing EWS and LIG (A) houses and Rs. 2,000 for Urban Housing EWS and LIG (B) houses, a sum of Rs. 5,000/- MIG and a sum of Rs. 10,000 for HIG houses;

b. When the applicant is an assessee to income tax, an assessment order on the income for the year preceding the year of application.

c. When the applicant is not an assessee to income tax but a Government servant or an employee in any concern and is not in receipt of income from lands or other sources, a certificate from his official superior about his annual income;

d. When the applicant is not an assessee to income tax nor is a Government servant or an employee in any concern, but is in receipt of income from lands, a certificate as regards his annual income from lands from a Revenue Officer, not below, the rank of a Tahsildar of a Taluk;

e. When the applicant is neither an employee of Government nor any concern and he is not in receipt of income from lands, an affidavit as regards his annual income duly sworn to before a judicial Magistrate/notary public;

f. When the applicant is an employee as well as a recipient of agriculture income, a certificate from the employer as well as certificate from the Tahsildar of the taluk regarding agricultural income.

Note.-If the wife/husband of the applicant has independent income, then a certificate regarding his/her income duly supported by the income tax assessment order or employer’s certificate or an affidavit as the case may be shall also be produced along with the applications.

Page 90: GOVERNMENT OF KARNATAKA - Housing Act OF KARNATAKA KARNATAKA ACT 10 OF 1963 THE KARNATAKA HOUSING BOARD ACT, 1962 THE KARNATAKA HOUSING BOARD RULES, 1964 THE KARNATAKA HOUSING BOARD

g. When the applicant belongs to scheduled caste, scheduled tribe and Backward tribe, a certificate from an officer of the social welfare officer or a Tahasildar, or a member of legislature or parliament or from a Gazette Government servant under whom he/she is employed;

h. When the applicant is a physically handicapped person, a certificate from a Government Doctor, not lower in rank than an Assistant Surgeon.

(ii) When the applications are invited under regulation 3, the applications shall be presented in person or sent by registered post Acknowledgement due so as to reach the office of the board on or before the date and time fixed for receipt of such applications. Applications received after the date and time so fixed shall be rejected;

(iii) The Earnest Money Deposit/Registration fee shall be refunded, if no allotment of sites/houses is made to the applicant, only after the allotment of sites/houses is decided by the board.

(iv) Where the applicant has desired that his application be considered for future schemes to be taken up by the board in the same area and has given his consent for the retention of the Earnest Money Deposit/Registration fee paid by him by the board, such deposits will not be refunded. Such deposits will bear interest after one year from the last date fixed for receipt of applications at the rates to be fixed by the board from time to time.

(v) The Earnest Money Deposit/Registration Fee paid by other unsuccessful applications will be refunded and they will not be entitled to any interest on the Earnest Money Deposit/Registration Fee.

7. Registration Application.-(a) Application for allotment of sites/houses should be registered as and when they are received in a chronological order in a register to be prescribed by the Board showing the full details of applications. The applications received will be examined under Rule 8 below and a Registration Certificate issued to all the eligible applicants;

(b) After the expiry of the last date for receipt of applications, the applications received should be classified according to categories prescribed in Rule 9 below. The classified shall be published in the Notice Board of the Karnataka Housing Board and also in the place where the lots are drawn for allotment of houses/sites.

8. Eligibility for Allotment.-No persons shall be eligible for allotment.

(1) Who is not continuously residing within the limits of the City/Town or other place in which the sites are formed are houses are constructed for a period of 10 years immediately prior to the date of application:

Provided that the Board may relax this condition, in the case of employees of State Government and other Corporations, Local Bodies or other Institutions owned or controlled by the State Government who are

Page 91: GOVERNMENT OF KARNATAKA - Housing Act OF KARNATAKA KARNATAKA ACT 10 OF 1963 THE KARNATAKA HOUSING BOARD ACT, 1962 THE KARNATAKA HOUSING BOARD RULES, 1964 THE KARNATAKA HOUSING BOARD

transferable from one place to another, but intend to permanently settle in the City/Town/or other authority in the State of Karnataka.

(2) Who or whose husband/wife, has been allotted a site/house by the Board or any other authority in the State of Karnataka.

(3) Who or whose husband/wife/minor children own a house or site in any urban area Municipality in Karnataka State.

Explanation.-For the purpose of this rule ‘authority’ means the Bangalore Development Authority, City Improvement Boards constituted under the Karnataka Improvement Board Act, 1976 Municipal Corporations, Municipal councils or any other local authority.

9. Procedure for Allotment.-All the applications for particular category of house/sites such as Higher Income Group Middle Income Group, Low Income Group of Economically Weaker Section received for allotment of a house/site in each area shall be classified into the following categories;

a. Scheduled Caste/Schedule Tribe and Backward Tribe; b. Defence Personnel/Ex-serviceman; c. Physically handicapped persons; d. State Government servants (including employees of Local Bodies,

Employees of State Government undertakings, University); e. Central Government servants (excluding defence personnel but

including employees of public sector undertakings, L.I.C., etc.); and f. Others

The notified house/sites, after reserving the Boards discretionary quota as specified in Rule 4(1) in each area for each category of house, shall be earmarked to the above categories as follows.-

a. Scheduled Caste/Scheduled Tribe/

Backward Tribe 18%

b. Defence Personnel including

Ex-servicemen 5%

(c) Central Government Employees 5%

(d) State Government employees 15%

(e) Physically handicapped persons 2%

Page 92: GOVERNMENT OF KARNATAKA - Housing Act OF KARNATAKA KARNATAKA ACT 10 OF 1963 THE KARNATAKA HOUSING BOARD ACT, 1962 THE KARNATAKA HOUSING BOARD RULES, 1964 THE KARNATAKA HOUSING BOARD

(f) Others 55%

Where the number of applications under each category exceeds the number of house reserved from them as indicated above, the allotment shall be made by drawl of lots in public by the Housing Commissioner or any other Officer authorized by him in this behalf. The manner of drawl of lots will be decided by the Housing Commissioner. If the number of applications received for any category is less than the number of houses earmarked for that category, the number of houses exceeding the number of applications will be included in the quota earmarked for others.-

a. the Housing commissioner shall make arrangements for drawl of lots among all the eligible applicants. Notice of not less than 7 days specifying the date, time and venue of the drawl of lots shall be given to the applicants by publication in the Local News Papers;

b. Lots shall be drawn separately for the houses/sites earmarked for each category scheme wise in the Office of the concerned Executive Engineer, Karnataka Housing board Division or any other suitable place, in the presence of eligible applicant s, who may wish to be present at the time of drawl of lots;

c. Lots shall be simultaneously drawn and recorded in respect of houses/sites and applicants and the number of applicants who have succeeded in the lots shall be arranged indicating the house number/site number whish has been drawn by lots against that applicant;

d. After drawl of lots under Clause ‘C’ further lots may be drawn to an extent of 10% of the number of house/sites available for allotment and selected persons shall be kept under waiting list. Persons kept under waiting list will be allotted house/site, in case the persons selected under clause (c) fail to pay the Initial Deposit or take possession of the house/site as the case may be.

The lists as per lots drawn up shall be placed before the Board and the Board shall approve the same. The approved list shall be published at the Office of the board or such other places as may be specified by the board.

10 Revocation of Proposal for Allotment of Sites/Houses.-(1) The Board or any Officer authorized by it, may at any time for reasons to be recorded, revoke or cancel or modify any proposal to dispose of any site/house, if it is necessary to do so.

(2) When a revocation or cancellation or modification is made under clause (1), the applicant concerned shall be given the option to apply for other sites/house and any application made accordingly shall be considered along with the other applications for sites/houses.

11. Revision of Price.-The Board is competent to revise the price of the site/house at any time, for any reason which discloses that the price fixed provisionally is less than what it should be. The decision of the Board in this behalf is final.

Page 93: GOVERNMENT OF KARNATAKA - Housing Act OF KARNATAKA KARNATAKA ACT 10 OF 1963 THE KARNATAKA HOUSING BOARD ACT, 1962 THE KARNATAKA HOUSING BOARD RULES, 1964 THE KARNATAKA HOUSING BOARD

12. Conditions of Allotment on lease-cum-sale basis.-(1) The allottee shall pay as Initial Deposit to the Board, the difference between the cost of the house as provisionally determined by the Board less registration fee paid, and the loan admissible, in four equal installments. The first installment is payable within 30 days from the date of receipt of the provisional intimation of allotment and the subsequent 3 installments on or before the date indicated in it.

(2) The allottee shall pay in one lump sum the difference between the cost of the house as provisionally determined and the revised price of the house, within 30 days from the date of receipt of final intimation of allotment, which will be issued after the house is completed and is ready for occupation.

(3) The period permitted in clause (1) and (2) above for payment of Initial Deposit/revised price, of the house may be extended at the discretion of the Housing Commissioner by another 30 days, subject to payment of penalty equal to 25% of the Registration fee/Earnest Money Deposit.

(4) If no payment of Initial Deposit/Revised price of the house is made, within the time stipulated in clause (1) or extended under clause (2) above, the allottee shall lose his right to claim the allotment of house/site and the allotment shall be deemed to have been cancelled and 25% of the Earnest Money Deposit/Registration Fee made by him shall be forfeited to the Board.

(5) After payment of the revised price of the house, the allottee shall execute an agreement in the form prescribed by the Board within such period as may be fixed by the Board. If the lease-cum-sale agreement is not executed within the period specified by the Board, 50% of the Earnest Money Deposit/Registration Fee deposited by the allottee shall be forfeited:

Provided that the Housing Commissioner, may extend the period already allowed, for valid reasons by another month, to execute the lease-cum-sale agreement without insisting on forfeiture of 50% of the Earnest Money Deposit/Registration fee. If the lease-cum-sale agreement is not executed even during the extended period, the allotment of the house should be deemed to have been cancelled.

(6) The balance of the price of the house shall be treated as loan from the Board to the allottee from the date of lease-cum-sale agreement, repayable at such rates of interest as may be fixed by the Board from time to time, in equal monthly installments, as per Archer’s table as scheduled below.-

(1) For Urban Housing EWS/LIG (A) 20 years

(2) For Urban Housing EWS/LIG (B) 15 years

(3) For MIG Housing Scheme 12 years

(4) For HIG Housing Scheme 10 years

Page 94: GOVERNMENT OF KARNATAKA - Housing Act OF KARNATAKA KARNATAKA ACT 10 OF 1963 THE KARNATAKA HOUSING BOARD ACT, 1962 THE KARNATAKA HOUSING BOARD RULES, 1964 THE KARNATAKA HOUSING BOARD

(7) In case, where an allottee is desirous of altering the monthly equated installments by offering to repay the balance of the price of house in a period shorter than the originally stipulated one, he may, during the currency of the entire period of repayment, exercise a maximum of two options for altering the number and quantum of monthly equated installments, exclusive of the first option exercised by him at the time of execution of prescribed agreement. Any such option to be exercised by the allottee shall be for curtailment and not for extension of the period of repayment. In such cases, the recovery of the balance of sale price will be regulated as follows.-

a. The method of recovery of price with interest shall continue to be in monthly equated installments as per Archer’s table;

b. The balance of price outstanding before the date on which the option is exercised shall be treated, for calculation purposes, as fresh balance of sale price and will be effective from the commencement of the next accounting date;

c. The rate and the amount of interest recovered from the allottee prior to the exercise of the option, will remain unchanged and unaffected subject to provisions of clause (8) below.-

(8) It is open to the allottee to repay the amount of loan with interest in shorter periods than described above or as agreed upon in the lease-sum-sale agreement. If an allottee repay the entire amount with interest including Penal interest on overdue installments in total discharge of his liabilities within half of the period mentioned at clause (5), he shall be entitled to reduction of ½ per cent interest on the entire loan amount payable by him. The benefit of per cent rebate in interest shall be adjustment in the final accounts.

(9) If the allottee commits default in the payment of any monthly installments, he will be liable to pay penal interest at 2 per cent per month. If the default continues for more than three consecutive months the Board shall resume the house/site under Section 45 of the Karnataka Housing Board Act, 1962 without any compensation to the allottee and re-allot the same in accordance with these regulations.

(10) The Board shall have the right to cancel the allotment and take possession of the site/house if at any time it is found that the allottee has made any misrepresentation or false statement in his application for allotment.

(11) The allottee shall abide by and comply with all the terms and conditions stipulated in the agreement executed by him and the provisions of the Act, Rules and the Regulations of the Board in force from time to time.

13. Allotment of Houses on Outright sale basis.-Wherever, the Board has notified houses/sites for allotment on outright sale basis, the allottee shall pay the entire cost of the house as determined by the Board before executing the lease-cum-sale agreement. The conditions in Rule 13(I) to (v) will apply mutatis mutandis to these allottee also.

Page 95: GOVERNMENT OF KARNATAKA - Housing Act OF KARNATAKA KARNATAKA ACT 10 OF 1963 THE KARNATAKA HOUSING BOARD ACT, 1962 THE KARNATAKA HOUSING BOARD RULES, 1964 THE KARNATAKA HOUSING BOARD

14. The site/house allotted shall not be conveyed or alienated by sale, transfer, mortgage, gift or otherwise by the allottee during the tenure of the lease which shall be 10 years even though the allottee pays the entire price together with interest within a shorter period:

Provided, the Board may permit to mortgage the site/house for raising loan from the State/Central government and other institution recognized by the Board which give loans for housing purposes, for the purpose of clearance of outstanding loan with interest taken from the Board or for the purpose of improvement of the house, allotted by the board.

15. No sale deed shall be executed in favor of an allottee in respect of site/house allotted until the entire cost of the site/house together with interest thereon has been paid in full and a minimum lease period of 10 years is completed:

Provided that the Board may permit the execution of the sale deed in favor of the allottee after 5 years provided the allottee pays the entire cost of the house together with a fine equivalent to 25% of the cost of the house in the case of HIG houses 15% of the cost of the house in the case of MIG houses, 10% of the cost of the house in the case of LIG houses and 5% of the cost of the houses in the case of EWS houses.

16. The Karnataka Housing Board (Allotment) Regulations, 1967, are hereby repealed. Provided that application for allotment received under the said Regulation and Pending disposal shall be disposed of in accordance with these regulations.

Amendment to the Karnataka Housing Board (Allotment)

Regulations, 1983

READ.-

1. G.O.No. HUD 31 LIH 77, dated July, 1983. 2. D.o. Letter No. KHB/RC/PS/194/1983-84, Dated 24th January, 1984 of

the Housing Commissioner, Karnataka Housing Board, Bangalore.

Preamble:

Under the Government order read at (1) above, the Revised Allotment Regulations of the Karnataka Housing Board have been published. According to these regulations, where the number of applications under each category exceed the number of houses reserved for the, the allotment shall be made by drawl of lots. However, in each area where house/sites are notified, there

Page 96: GOVERNMENT OF KARNATAKA - Housing Act OF KARNATAKA KARNATAKA ACT 10 OF 1963 THE KARNATAKA HOUSING BOARD ACT, 1962 THE KARNATAKA HOUSING BOARD RULES, 1964 THE KARNATAKA HOUSING BOARD

shall be a discretionary quota up to 10% in each category, subject to a maximum of 10 which may be disposed of by the Board at its discretion with the prior approval of the Government.

The Housing commissioner, Karnataka Housing Board, in his letter read at (2) above, has sent a proposal to increase the discretionary quota in each category from 10% to 20% and that the house/sites coming under the quota may be disposed of by the Board at its discretion without the prior approval of the Government.

The Government has examined the proposal to enhance the discretionary quota of the Board.

Government Order No. HUD 64 KHB 84, Bangalore,

dated 14th August, 1984

Government are pleased to amend sub-rule (1) of Rule 4 of the Karnataka Housing Board (Allotment) Regulations, 1983 approved in Government order, dated 7th July, 1983 substituting the following:

(5) (1) The Board may on their own or under directions from government reserve sites/houses in any area for allotment to any specified class of persons and such class of persons may consist of employees in any office or establishment in the city, Town or other places in which the sites are formed/house are constructed. There shall be reserved in each area where house/sites are notified, a discretionary quota up to 20% in each category of houses/sites which may be disposed by the Board at its discretion.

1[THE KARNATAKA HOUSING BOARD (ALLOTMENT)

(FOURTH AMENDMENT) REGULATIONS, 1983

NOTIFICATION

No. HUD 712 KHB 93, Bangalore, dated 31st March 1994. G.S.R. 64: In exercise of the powers conferred by Section 76 of the Karnataka Housing Board Act, 1962 (Karnataka Act 10 of 1963), the Government of Karnataka hereby makes the following rules further to amend the Karnataka Housing Board (Allotment) Regulations, 1983 namely:

1. Tile and Commencement: (1) These rules may be called the Karnataka Housing Board (Allotment) Regulations (Fourth Amendment) Rules, 1993.

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

Page 97: GOVERNMENT OF KARNATAKA - Housing Act OF KARNATAKA KARNATAKA ACT 10 OF 1963 THE KARNATAKA HOUSING BOARD ACT, 1962 THE KARNATAKA HOUSING BOARD RULES, 1964 THE KARNATAKA HOUSING BOARD

2. Amendment of Rule 4: For sub-rule (1) of rule 4 of the Karnataka Housing Board (Allotment) Regulations 1993, the following sub-rule shall be substituted, namely:

“4. Reservation of Sites/House: (1) The Board may on their own or under

directions from Government reserve sites/houses in any area for allotment to any specified class of persons and such class of person may consist of employees in any office or establishment in the City, Town or other places in which the sites are formed/houses are constructed. There shall be reserved in each area where house/sites are notified a discretionary quota up to 10 percent in each category of house/sites, subject to a maximum of which may be disposed by the Board at its discretion, with the prior approval of the Government.

3. Amendment of Rule 2: In Rule 2 of the Principal Regulations after clause

(m) the following clause shall be inserted, namely: “(n) Stray site/house” means a site/house which was once allotted but

subsequently the allotment was cancelled by the Board or surrendered by the allot tee or a site/house which has been formed/constructed on account of re-adjustment in the plan subsequent to the issue of notification inviting applications for allotment of sites/house”.

4. Insertion of new rule 4A: After Rule 4 of the principal Regulations, the

following Rule shall be inserted namely: “4A. Allotment of stray sites/houses: The Karnataka Housing Board shall

dispose of a stray site/house in accordance with the directions issued by Government from time to time”.

5. Repeal and Savings: All previous amendments to the principal

Regulations effected through G.O. No. HUD 14 KHB 84, dated 14th August 1984, G.O. No. HUD 293 KHB 88, dated 15th February 1989 and G.O.No. HUD 293 KHB 88, dated 19th April 1991, are hereby repealed.

Provided that such repeal shall not affect the previous operation of the said rule or anything duly done or suffered there under or affect any right, liability or obligation acquired or incurred under the said rule.

By order and in the name of the Governor of Karnataka

K.H. NAJEGOWDA,

Under Secretary to Government, Housing and Urban Development

Department (Housing)

THE KARNATAKA HOUSING BOARD (WORK-CHARGED ESTABLISHMENT EMPLOYEES) (ABSORPTION IN THE HOUSING BOARD SERVICES) RULES,

1985

CONTENTS

Page 98: GOVERNMENT OF KARNATAKA - Housing Act OF KARNATAKA KARNATAKA ACT 10 OF 1963 THE KARNATAKA HOUSING BOARD ACT, 1962 THE KARNATAKA HOUSING BOARD RULES, 1964 THE KARNATAKA HOUSING BOARD

Rules Page No.

1. Title and commencement ………………………………. 731

2. Definitions ………………………………………………... 731

(a) Continuous Service ………………………………… 731

(b) Selection Committee ……………………………….. 731

(c) Work-Charged Establishment …………………….. 731

3. Absorption of the work-charged employees of the karnataka Housing Board in the Housing Board Services …………………………………………………..

731

4. Leave, Salary, Pension and Seniority of Persons Absorbed ………………………………………………….

731

5. Application of other rules ……………………………….. 732

THE KARNATAKA HOUSING BOARD (WORK-CHARGED ESTABLISHMENT EMPLOYEES) (ABSORPTION IN THE HOUSING BOARD SERVICES) RULES,

1985

GSR 102.-Whereas the draft of the Karnataka Housing Board (Work charged Establishment Employees) (Absorption in the Housing Board Services) Rules, 1985 which the Government of Karnataka proposes to make in exercise of the powers conferred by Section 74 read with sub-section (2) of Section 10-A of the Karnataka Housing Board Act, 1962 (karnataka Act No. 10 of 1963) was published in Notification No. HUD 182 KHB 81, dated 2nd February, 1985 in Karnataka Gazette, Extraordinary, Part IV, Section 2(c)(I), dated 4th February, 1985 inviting objections and suggestions from all the persons likely to be affected thereby within thirty days of publication of the Notification.

And, whereas, no objections or suggestions have been received on the said draft by the Government.

Now, therefore, in exercise of the powers conferred by sub-section (1) of Section 74 of the Karnataka Housing Board Act, 1962 (karnataka Act No. 10 of 1963), the government of Karnataka, hereby makes the following rules, namely.-

1. Title and commencement.-(1) These Rules may be called the Karnataka Housing Board (Work-charged Establishment Employees) (Absorption in the Housing Board Services) Rules, 1985.

Page 99: GOVERNMENT OF KARNATAKA - Housing Act OF KARNATAKA KARNATAKA ACT 10 OF 1963 THE KARNATAKA HOUSING BOARD ACT, 1962 THE KARNATAKA HOUSING BOARD RULES, 1964 THE KARNATAKA HOUSING BOARD

(2) They shall come into force on the date of publication in the Official Gazette.

2. Definitions.-In these rules unless the context otherwise requires.-

a. "Continuous Service" means service of a work-charged employee from the beginning of his appointment continuously without any break. Only leave duly sanctioned by a Competent Authority will be included in continuous service;

b. "Selection Committee" means the Selection Committees referred to in sub-rule (3) of Rule 3;

c. "Work-Charged Establishment" means such establishment as is employed upon the actual execution as distinct from the general supervision of specific work or of such works of a specific project or upon the subordinate supervision of the Board labour, stores and Machinery in connection with such works or sub-works.

3. Absorption of the work-charged employees of the Karnataka Housing Board in the Housing board Services.-(1) Notwithstanding anything contained in the karnataka Housing Board (Recruitment) Rules, and the Karnataka Civil Services (General Recruitment) Rules, 1977 every member of a work-charged establishment appointed prior to 1st July, 1978 and who has put in not less than ten years of continuous service and whole time employee holding regular time scale of pay as such shall be absorbed in such category of posts in the karnataka Housing Board Services as may be notified by the State Government: Provided that no such member shall be absorbed unless he exercises his option for such absorption in writing within 30 days from the date of commencement of these rules and is found suitable for such absorption by the Selection Committee and is found physically fit.

(2) Absorption shall be made in five annual installments of such number as may be determined by the Government in the Order of length of continuous service.

(3) The Selection Committee shall consist of.-

1. Housing Commissioner, Karnataka Housing Board; 2. Chief Engineer, Karnataka Housing Board; 3. Secretary, Karnataka Housing Board; 4. Executive Engineer of the concerned Division.

4. Leave, Salary, Pension and Seniority of Persons Absorbed.-The Service rendered as work-charged employee shall (to the extent permitted by Rule 248-A of Karnataka Civil Services Rules) be taken into consideration for determining leave and pension of a person absorbed under these rules but, for purposes of seniority only service from the date of absorption under the rules shall be taken into consideration.

5. Application of other rules.-The provision contained in the Karnataka Civil Services Rules, the Karnataka Civil Services (Conduct) Rules, 1966, and all other rules regulating the conditions of service of Housing Board employees made under the provision to Article 309 of the Constitution of India which

Page 100: GOVERNMENT OF KARNATAKA - Housing Act OF KARNATAKA KARNATAKA ACT 10 OF 1963 THE KARNATAKA HOUSING BOARD ACT, 1962 THE KARNATAKA HOUSING BOARD RULES, 1964 THE KARNATAKA HOUSING BOARD

are applicable to other employees of the Karnataka Housing Board shall in so far as they are not inconsistent with the provisions of these rules be applicable to a person absorbed under these rules.

By order and in the name Of the Governor of Karnataka

M. VEERABHADRAIAH,

Housing and Urban Development Department (Housing)

THE KARNATAKA HOUSING BOARD (WORK CHARGED ESTABLISHMENT EMPLOYEES) (ABSORPTION IN THE HOUSING BOARD SERVICES)

RULES, 1999

ARRANGEMENT OF RULES

Rules

1. Title and Commencement 2. Definitions 3. Absorption of the work charged Employees of the Karnataka Housing Board

in the Housing Board Services. 4. Leave, Salary, Pension and Seniority of Persons absorbed 5. Application of the other rules Schedule

Government of Karnataka

Karnataka Government Secretariat, Sachivalaya – II

Bangalore, 8th July, 1999

No. DDH 694 KHB 93, dated 8th July, 1999

NOTIFICATION

Whereas the draft of the Karnataka Housing Board (work charge Establishment Employees) (absorption in Karnataka Housing Board Services) Rules, 1999 which the Government of Karnataka proposes to make in exercise of the powers conferred by Sub-section (2) of section 10A read with section 74 of the Karnataka Housing Board Act, 1962 (Karnataka Act 10 of 1963) was published in the Notification No. DOH 694 KHB 93, dated 4th March, 1999 in Karnataka Gazette (Extraordinary) Part iv-2c(i) dated 6th March, 1999, inviting objections and suggestions from all the persons likely to be affected thereby within thirty days of publication of the notification. And whereas, no objections or suggestions have been received on the said draft by the Government. Now, therefore 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, namely:-

Page 101: GOVERNMENT OF KARNATAKA - Housing Act OF KARNATAKA KARNATAKA ACT 10 OF 1963 THE KARNATAKA HOUSING BOARD ACT, 1962 THE KARNATAKA HOUSING BOARD RULES, 1964 THE KARNATAKA HOUSING BOARD

1. Title and Commencement: (1) These rules may be called the Karnataka Housing Board (work charged Establishment Employees) (absorption in the Housing Board Services) Rules, 1999.

2. They shall come into force on the 1[date of their publication in the Official Gazette.]1

3. Definitions: In the rules unless the context otherwise requires; (a) “Continuous Service” means service of work charged employee, from the

beginning of his appointment continuously without any break. Only leave duly sanctioned by a Competent Authority will be included in continuous service.

(b) “Screening Committee” means such establishment as is employed upon the actual execution, as distinct from the general supervision, of specific work or of such works of a specific project or upon the subordinate supervision of the Board labor, stores and machinery in connection with such works or sub-works.

3. Absorption of the work-charged Employees of the Karnataka Housing

Board, in the Housing Board Services: (1) Not-withstanding anything contained in the Karnataka Housing Board

(Recruitment and condition of Service) Rules, 1993 and every person appointed in a work charged establishment on or after 1.7.1978 but prior to 01.07.1984 and who has put in not less than ten years of continuous service and whole time employee holding regular time scale of pay as such, on the date of commencement of these rules (hereinafter referred to as work-charged employees) shall be absorbed in such category of posts in the Karnataka Housing Board services as may be notified by the State Government.

Provided that no such person shall be absorbed unless he exercises his

option for such absorption in writing within thirty days from the date of commencement of these rules and is found suitable for such absorption by the Screening Committee and is found physically fit.

(2) Absorption shall be made in five annual installments of such number as may

be determined by the Government in the order of length of continuous service.

(3) The Screening Committee shall consist of: (i) Housing Commissioner, Karnataka Housing Board (ii) Chief Engineer, Karnataka Housing Board (iii) Secretary, Karnataka Housing Board (iv) Executive Engineer pf the concerned Division. (4) Subject to the general or special orders of the Government, the Screening

Committee shall follow such procedure for selection as it may deem fit. (5) The Screening Committee shall prepare a list of work-charged employees

who are found physically fit and suitable for absorption on the basis of seniority and send the same to the Government. The Government shall notify the number of persons to be absorbed in such number of installments as it may determine in the order of length of continuous service.

(6) Every work-charged employee shall be absorbed in a post in the Karnataka Housing Board Services which is equivalent to the post in which he is

Page 102: GOVERNMENT OF KARNATAKA - Housing Act OF KARNATAKA KARNATAKA ACT 10 OF 1963 THE KARNATAKA HOUSING BOARD ACT, 1962 THE KARNATAKA HOUSING BOARD RULES, 1964 THE KARNATAKA HOUSING BOARD

appointed as work-charged employee and he shall be allowed the scale of pay admissible to an employee holding a comparable post in the Karnataka Housing Board Service or the scale of pay in which he is working as work-charged employee, whichever is less, but in case of the work inspector borne on the work charged establishment he shall be absorbed in a post carrying the pay scale applicable to work inspector, in the Karnataka Housing Board Service. If there are not adequate number of vacancies in the regular establishments, the vacancies may be increased by creation of required number of supernumerary posts with the specific approval of the Government in Finance Department and the duration of the posts shall be co-terminus with the length of service to be put in by the incumbent and that the strength of the work charged establishment shall be reduced to the extent the number of employees are absorbed in the regular establishment.

Provided that appointment shall not be made under these rules against any

post earmarked to be filled from among candidates belonging to the Scheduled Castes or the Scheduled Tribes under the Government Order allowing reservations, unless there are candidates belonging to these classes available from among the work-charged employees to be absorbed, otherwise such posts shall be treated as back-log to be filled by process of recruitment from among those classes.

4. Leave, Salary, Pension and Seniority of Persons absorbed: The

service rendered as work-charged employees shall (to the extent permitted by rule 248A of Karnataka Civil Service Rules) be taken into consideration for determining leave and pension of person absorbed under these rules but for purpose of seniority only service from the date of absorption under these rules shall be taken into consideration.

5. Application of the other rules: The provisions of the Karnataka Civil Service Rules and all other rules made or deemed to have been made under the Karnataka State Civil Services Act, 1978 and the Karnataka Housing Board (Recruitment and Conditions of Service) Rules, 1993 which are applicable to the employees of the Karnataka Housing Board shall, in so far as they are not inconsistent with the provisions of these rules be applicable to a work charged employee absorbed under these rules

By order and in the name of

Governor of Karnataka

D. Krishnaiah, Under Secretary to Government,

Housing Department

SCHEDULE

Name of the work charge Employee’s for absorption in Karnataka Housing Board.

SL. NO NAME 1 Chikkamuniappa 2 A. Boraiah 3 H. M. Mahadevaiah 4 H. Krishna 5 G. Mariayappa

Page 103: GOVERNMENT OF KARNATAKA - Housing Act OF KARNATAKA KARNATAKA ACT 10 OF 1963 THE KARNATAKA HOUSING BOARD ACT, 1962 THE KARNATAKA HOUSING BOARD RULES, 1964 THE KARNATAKA HOUSING BOARD

6 H.S. Gangadhariah 7 C. Chikkaiah 8 Hiriyappa 9 Rangappa 10 B.M. Dasaiah 11 Shivaiah 12 S. Konaiah 13 Chinnamma

SL. NO NAME

14 Cheluvamma 15 Yarappa 16 Harikrishna 17 Venkataramaiah 18 Gangamma 19 T.K. Ramaiah 20 Chinnaswamy 21 H.M. Mahadevaiah 22 Leelamruthchar 23 S. Narayana 24 Channappa 25 K. Aravinda Neegle 26 M.B. Jawaregowda 27 R. Lokeshamurthy 28 G. Govindegowda 29 S.V. Sommanna 30 K. Hongaiah 31 Syed Juver Ahmed 32 Imam Hussiah 33 Gurappa 34 Baburao 35 Venkataswamy 36 G. Marappa 37 Lingappa 38 V.A. Yaragatti 39 V.M. Naganagowda 40 P.T. Somaiah 41 C. Hanumanthu 42 Kuppaswamy 43 R.S. Mane 44 K.M. Munivenkataswamy 45 Ramaiah.M.C 46 Mahadevaiah

D. Krishnaiah, Under Secretary to Government,

Housing Department,

Page 104: GOVERNMENT OF KARNATAKA - Housing Act OF KARNATAKA KARNATAKA ACT 10 OF 1963 THE KARNATAKA HOUSING BOARD ACT, 1962 THE KARNATAKA HOUSING BOARD RULES, 1964 THE KARNATAKA HOUSING BOARD

1THE KARNATAKA HOUSING BOARD DEPARTMENTAL

EXAMINATION RULES

In exercise of the powers conferred by Section 61 read with Section 13(5) of the Karnataka Housing Board Act, 1955 (Karnataka Act 20 of 1955), the following rules are hereby framed and prescribed.

1. The officials of the Karnataka Housing Board are required to pass the

following Departmental Examination: I Division Clerk Accounts (Higher) II Division Clerk Accounts (Lower) Only direct recruits to the Board need pass the tests mentioned above. For

promotion from II Division to I Division, officials need not pass Accounts Higher Examination. For promotion beyond I Division, officials must pass Accounts (Higher) and General Law Examinations before they be considered for promotion.

Note: In respect of ‘General Law’ examination, Law Graduates will take

only Paper II, Paper II is meant for Gazetted Officers only. 2. The officials are given two years from 1st January, 1962 (or from the date

of appointment by the Board) to pass the tests during which period they will be eligible for promotion to the next higher grade.

3. Such of the officials who complete 45 years of age within 1st January, 1964

will be exempt from passing the prescribed examinations for purposes of earning increments and confirmation in the grade in which they are exempted, but not for promotion .

4. During the period allowed for passing the prescribed examinations, i.e.,

until 1st January, 1964, the official will not be confirmed until and unless he has passed the prescribed Departmental Examinations or has been exempted vide para 3.

5. There will be no stoppage of increments on the score of failure to pass

Departmental Examinations within the period of 2 years. 6. If and official is required to pass Departmental Examinations, but does not

pass these tests his increment will be withheld after the period of 2 years i.e., the time allowed to pass the examination, until (a) he qualifies or

(b) attains the age of 45. In either case, the increments which has been

with held shall become payable and future increments will accrue to him as if no increments were withheld; but arrears accruing the age of 45, he shall be deemed to have been exempted from passing the Departmental tests for purposes of grant of increments and confirmation, but not for promotion.

7. In the event of failure to pass the tests prescribed within the prescribed

period, the officials promoted to next higher grade as per para 2 will be

Page 105: GOVERNMENT OF KARNATAKA - Housing Act OF KARNATAKA KARNATAKA ACT 10 OF 1963 THE KARNATAKA HOUSING BOARD ACT, 1962 THE KARNATAKA HOUSING BOARD RULES, 1964 THE KARNATAKA HOUSING BOARD

reverted to the grade from which they were temporarily promoted and replaced by qualified persons.

8. The officials are also required to pass the Kannada Examination prescribed

by Government for Government servants. The above rules will apply in their case also.

9. The officials are required to pass the Departmental tests to be held by the

Housing Board on the subjects like (a) Précis Writing and Office Manual, (b) Housing Board Act and Rules there under.

10. The above rules will apply to officials in both the ministerial and executive

cadre, but will not apply to lent officials who are governed by the rules of the Departments from which they are drawn.