KA / BG - GPO/ 2515 /WPP-47/ 2009 - 2011 ∞¬Òûª∞ «Ò∏Â√¿Ê C¢üPÀÈvÀªÁV ¥ÀæPÀn¸À¯ÁzÀÄzÀÄ «±ÉõÀ ¥ÀwæPÉ ¨sÁUÀ – IV-A ¨ÉAUÀ¼ÀÆgÀÄ, UÀÄgÀĪÁgÀ , ¥sɧæªÀj 26, 2009 (¥sÁ®ÄÎt 7, ±ÀPÀ ªÀµÀð 1930) £ÀA. 95 Urban Development Secretariat NOTIFICATION No. UDD 44 BEMRUPRA 2009, Bangalore, dated: 26 th February, 2009 The draft of the following rules which the Government of Karnataka proposes to make in exercise of the powers conferred by section 35 and 36 read with section 71 of the Karnataka Urban Development Authorities Act, 1987 (Karnataka Act 34 of 1987) and Section-55 of the Land Acquisition Act, 1894 (Central Act 1 of 1894), section 21 of the Karnataka General Clauses Act, 1899 (Karnataka Act III of 1899) and in supersession of notification No. UDD 67 Myapra 2007, dated: 3 rd September, 2007, published in the Karnataka Gazette Extra-ordinary No. 1613, dated: 13.09.2007 is hereby published as required by sub- section (2) of section-55 of the Land Acquisition Act, 1894 for the information of persons likely to be affected thereby and notice is hereby given that the said draft will be taken into consideration after thirty days from the date of its publication in the Official Gazette. Any objection or suggestion which may be received by the State Government from any person with respect to the said draft before the expiry of the period specified above will be considered by the State Government. The objections and suggestions may be addressed to the Secretary to Government, Urban Development Department, Vikasa Soudha, Dr.Ambedkar Veedhi, Bangalore- 560 001. DRAFT RULES 1. Title and commencement.- (1) These rules may be called the Karnataka Urban Development Authorities (Allotment of sites in lieu of compensation for the land acquired) Rules, 2009. (2) They shall come into force from the date of their publication in the official Gazette. 2. Definitions,- (1) In these rules, unless the context otherwise requires,- (a) “Act” means the Karnataka Urban Development Authorities Act, 1987 (Karnataka Act 34 of 1987) (b) “Form” means form appended to these rules; (c) “owner of the land” means the person who is having the title over the land on the date of entering into an agreement for acquisition under the Act by the Authority; (d) “compensation” means the value of land either in cash or in the form of sites or land. 3. Allotment of sites.- Notwithstanding anything contained in the Karnataka Land Acquisition Rules, 1965 and without prejudice to the provisions contained in the Karnataka Urban Development Authorities (Allotment of Sites) Rules, 1991, with a view to speed up land acquisition process free from litigation, the Authority may purchase or acquire any land under section 35 or 36 and make allotment of sites in lieu of compensation determined in accordance with the provisions of the Land Acquisition Act, 1894 or by mutual consent of the owner of the land subject to the following terms and conditions, namely:- (a) If the owner of the land agrees for sale or consents for acquisition of his lands free from.- (i) all encumbrances;
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Karnataka Urban Development Authorities (Allotment of Sites in Lieu of Compensation for the Land Acquired) Rules, 2009
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The draft of the following rules which the Government of Karnataka proposes to make in exercise of the powers conferred by section 35 and 36 read with section 71 of the Karnataka Urban Development Authorities Act, 1987 (Karnataka Act 34 of 1987) and Section-55 of the Land Acquisition Act, 1894 (Central Act 1 of 1894), section 21 of the Karnataka General Clauses Act, 1899 (Karnataka Act III of 1899) and in supersession of notification No. UDD 67 Myapra 2007, dated: 3
rd September, 2007, published in the
Karnataka Gazette Extra-ordinary No. 1613, dated: 13.09.2007 is hereby published as required by sub-section (2) of section-55 of the Land Acquisition Act, 1894 for the information of persons likely to be affected thereby and notice is hereby given that the said draft will be taken into consideration after thirty days from the date of its publication in the Official Gazette.
Any objection or suggestion which may be received by the State Government from any person with respect to the said draft before the expiry of the period specified above will be considered by the State Government. The objections and suggestions may be addressed to the Secretary to Government, Urban Development Department, Vikasa Soudha, Dr.Ambedkar Veedhi, Bangalore- 560 001.
DRAFT RULES
1. Title and commencement.- (1) These rules may be called the Karnataka Urban Development Authorities (Allotment of sites in lieu of compensation for the land acquired) Rules, 2009.
(2) They shall come into force from the date of their publication in the official Gazette.
2. Definitions,- (1) In these rules, unless the context otherwise requires,-
(a) “Act” means the Karnataka Urban Development Authorities Act, 1987 (Karnataka Act 34 of 1987)
(b) “Form” means form appended to these rules;
(c) “owner of the land” means the person who is having the title over the land on the date of entering into an agreement for acquisition under the Act by the Authority;
(d) “compensation” means the value of land either in cash or in the form of sites or land.
3. Allotment of sites.- Notwithstanding anything contained in the Karnataka Land Acquisition Rules, 1965 and without prejudice to the provisions contained in the Karnataka Urban Development Authorities (Allotment of Sites) Rules, 1991, with a view to speed up land acquisition process free from litigation, the Authority may purchase or acquire any land under section 35 or 36 and make allotment of sites in lieu of compensation determined in accordance with the provisions of the Land Acquisition Act, 1894 or by mutual consent of the owner of the land subject to the following terms and conditions, namely:-
(a) If the owner of the land agrees for sale or consents for acquisition of his lands free from.-
(i) all encumbrances;
652
(ii) any unauthorized constructions after withdrawal of the objections, if any, filed before the authority or court for acquisition of such land;
(b) If the owner of the land agrees to receive compensation in the form of residential sites proportionately accounting for not less than 35 percent and not more than 40 percent of the land reserved for residential purpose in the layout. The percentage shall be determined by the concerned Authority depending on capital cost and the market value of the land.
(c) If compensation is more than the amount of the value of a dimension of a site allotted, the excess amount payable over and above the value of sital dimension shall be paid in cash;
(d) The procedure and the method specified in the Land Acquisition Act, 1894 and the rules made there under shall mutatis mutandis apply for determination of market value of the land;
(e) The allotment of sites shall be made through lottery in the same layout where the lands were acquired for the purpose of layout formation;
(f) If one or more persons holds ownership of the lands, they shall have the proportionate right jointly over the sites allotted under these rules;
(g) The allottees shall have the right in turn to sell the allotted sites to others;
(h) No corner or commercial site shall be allotted to the owner in lieu of compensation, and the dimension of the sites shall not be more than 15x24 mtrs.
(i) The allottee shall use the site for residential purpose only. For any change in the land use, the allottee shall take the permission of the authority in advance as specified under the Karnataka Town and Country Planning Act, 1961.
(j) The allotment of share shall start from the biggest site and go down to 9x12 mtrs. size of sites depending on the share of the land owners which means allotment shall be made in the order of 15x24 mtr, 12x18 mtr and 9x 12 mtr sites.
(k) If share of land owner is large, then his share shall be distributed equally to all the size of sites except 6 x 9 mtr. in equal proportion.
(l) If the land owner’s share, after getting various sites is a fraction which is less than 108 sq.mtr (9x12 mtr.) then the land owner shall be given two options, namely:–
(i) either for payment of money by the Authority equal to his share or remaining shares at the rate as determined by the authority;
OR
(ii) for payment of an amount equal to the extent which shall make him eligible for allotment of 9 x 12 mtr. size site at the rate as determined by the authority.
(m) On the request of the land owner, the authority may sell the sites to the land owners on behalf of him through public auction, subject to payment of realization charges of 2 percent of the value of site to the authority.
4. Issue of possession certificate.- (1) The Commissioner, on the application of the owner of land in Form-I shall issue the entitlement of site. On acceptance of site entitlement allotted to him and after payment of remaining amount by cash, the Commissioner shall issue the Possession Certificate subject to such guidelines issued by the Government if any, on such terms and conditions as are specified in rule 3 and in Form-II.
(2) The allottee shall use the site for residential purpose only. For any change in the land use, the allottee shall take the permission of the authority as specified under the Karnataka Town and Country Planning Act, 1961.
(3) For transfer / sale of these sites by the owner, permission of the Authority is not required.
5. Sharing pattern.- The allottees shall have the option for exchange of sites among such allottees themselves through Authority.
FORM I
[See Rule 4(1)]
Application Form for allotment of Site under Karnataka Urban Development Authority (Allotment of sites in lieu of compensation for the land acquired) Rules, 2009
1. Name of the applicant (in block letters)
653
2. Father’s name / Husband’s name
3. Date of Birth
4. Address of the Applicant
5. Names and address of all the
persons interested in the land
6. Particulars of the land voluntarily surrendered:
a) Survey Number
b) Location
c) Extent
7. Particulars of title of the applicant to the land (copy of the deed shall be enclosed).
8. Encumbrances, if any, on the land.
Place:
Date: Signature of the applicant/s
* * * * *
FORM II
[See Rule 4(1)]
Sale Deed
This Deed of Sale made and executed at ................(here specify the place), on the ............day of ..............month of Two thousand ................by the Commissioner, ................Urban Development Authority, hereinafter called the ‘Authority’ (which term shall mean and include his successors-in-office) of the one part and Shri/Smt.......................... S/o. D/o. W/o .............. aged ............. about............... years, residing at ............... hereinafter called the ‘Owner of the land’ (which terms shall mean and include his / her heirs, executors, administrators and assigns) of the other part witnesseth.
Whereas, the Authority has allotted on out-right sale to the owner of the land, the site Nos.......... which are fully described in the Schedule(s) below, under the Karnataka Urban Development Authority (Allotment of sites in lieu of compensation for the land acquired) Rules, 2009 under Allotment letter No................
Whereas, the owner of the land has agreed to surrender his / her land bearing Sy. No. ....... at................village of ................extent to the Authority at free of cost and the Authority has acknowledged the receipt of the same.
Now this indenture witnesses that the Authority for having received the valuable consideration of the land bearing bearing Sy. No. ................at ................village of ................extent from the owner of the land, as absolute owner, do hereby put the owner of the land in actual possession of the Scheduled sites, and conveys to the owner of the land all that part and parcel of scheduled sites, to have, to hold and to enjoy the same peacefully for ever as his / her personal and absolute property, free from all encumbrances, lawful evictions, arrears of taxes, other dues and claims whatsoever together with all liberties, privileges, easements and appurtenances whatsoever to the said property.
The Authority assures the owner of the land that he has not alienated the schedule sites described below to anyone in whatsoever manner and that the said sites are free from all encumbrances made either by the Authority or any-body claiming through him or in trust for him.
The Authority further undertakes to do or cause to be done all such acts whenever occasions demand and to more perfectly assure and confirm the sale and to indemnify the owner of the land against all actions, suits, claims, demands, losses incurred and damages sustained for and on account or any breach of the said covenants or any of them.
This sale deed is subject to the restrictions and conditions specified in Rule 3 of the Karnataka Urban Development Authority (Allotment of sites in lieu of compensation for the land acquired) Rules, 2009 and the said restrictions and conditions shall be deemed to be a part of the sale deed.
654
SCHEDULE
(There shall be separate schedules for each allotted site)
Land bearing Site No..................................in Block No............................................situated in...................................Extension and bounded on the . – East by West by North by South by measuring East to West ........................... feet, North to South..................... feet, In witness whereof the Authority has hitherto set his seal and signature at ................ (place) the day, the month and year mentioned above.
Commissioner, ................Urban Development Authority,
THE HIGH COURT OF KARNATAKA SERVICE (CONDITIONS OF SERVICE AND RECRUITMENT) (I AMENDMENT) RULES, 2009
HIGH COURT OF KARNATAKA
NOTIFICATION
NO. HCE 221/2009 DATED 24TH
FEBRUARY 2009
In exercise of powers conferred under Article 229(1) and (2) of the Constitution of India read with Rules, 6, 7 and 11 of the High Court of Karnataka Service (Conditions of Service and Recruitment) Rules, 1973, and all the other powers enabling thereunto, Hon'ble the Chief Justice makes the following rules to amend the High Court of Karnataka Service (Conditions of Service and Recruitment) Rules, 1973, (hereinafter referred to as the ‘Principal Rules’).
Title and Commencement: (1) These Rules may be called as The High Court Service (Conditions of Service and Recruitment) (I Amendment) Rules, 2009.
(2) They shall come into force on the date of publication in the Karnataka Gazette.
Amendment to Schedule-III:
I. In Schedule-III of High Court of Karnataka Service (Conditions of Service and Recruitment) Rules, 1973 the existing method of recruitment at Column No. 3 with respect to the Sl. Nos. 13-A, 20, 21, 19 & 22 shall be substituted by the following method of recruitment as mentioned at Column No. 4 against the said Sl. Nos.:-
Sl. No.
Cadre Existing method of recruitment Proposed Amendment to be
substituted in the place of existing method of recruitment
1 2 3 4
13A Senior Judgment Writer
By promotion by selection from the cadre of Judgment Writers working in the High Court office on the basis of a test conducted for the purpose, giving the weight for seniority and service records as prescribed.
1) 60% of the total strength of Senior Judgment Writers shall be recruited by promotion by selection from the cadre of Judgment Writers working in the High Court office on the basis of a test conducted for the purpose, giving the weightage for seniority
655
Sl. No.
Cadre Existing method of recruitment Proposed Amendment to be
substituted in the place of existing method of recruitment
and service records as prescribed; provided that they shall satisfy the following conditions hereunder;
a) They shall possess Law Degree from the recognised university or equivalent examination.
Explanation: 1. The present members who are working as Senior Judgment Writers and who do not possess the required qualification, shall qualify themselves, without affecting the regular work, with prior permission of Hon'ble the Chief Justice, within a period of five years, failing which they shall not be entitled for further promotion.
The permission is not automatic, but subject to the interest of the Institution. Such permission shall not take away the Rights of the senior employees and does not confer the undue privileges on the junior employees. The qualification obtained without following the above norms would not be taken into consideration, till they come within the zone of consideration.
Note:- 1) For securing minimum qualification prescribed for this cadre within stipulated time, the permission may be liberally granted.
2) The period of time prescribed for securing minimum qualification (i.e., five years) starts from the date of permission.
3) If no eligible candidate is available for promotion, such vacant post may be filled up by direct recruitment.
4) The candidate shall posses a Certificate Course in Word Processing or equivalent.
2) Remaining 40% of the posts shall be recruited by Direct Recruitment by Selection (after calling application and holding a competitive test and interview) and the Judgment Writers as well as Stenographers working in the establishment of the High Court of Karnataka / Subordinate Courts are also eligible for the Direct Recruitment, provided they shall obtain necessary permission from the Competent Authority.
Minimum Qualifications
(for Direct Recruitment)
656
Sl. No.
Cadre Existing method of recruitment Proposed Amendment to be
substituted in the place of existing method of recruitment
1. Must possess Degree in Law from the recognised University or equivalent examination and,
2. i) Senior Grade examination in English Shorthand in First Class; or the Proficiency Grade Examination in English Shorthand; and
ii) Senior Grade examination in Typewriting in English conducted by the Department of Public Instruction of Karnataka Secondary Education Board or equivalent examination.
3. Certificate in Computer Word Processing or equivalent
Note: 1) Preference will be given to those candidates who possess the qualification of Senior Grade examination in Typewriting and Shorthand in Kannada Language also.
2) The procedure for conducting test which was followed previously for the promotion to the cadres of Senior Judgment Writers shall also be followed for the Direct Recruitment to the said posts.
20 Judgment Writer By promotion by selection from among:
(a) Stenographers working in the High Court Establishment who have put in not less than one year of service as such; or
(b) Judgment Writers or Selection Grade Stenographers working in Sub-ordinate Courts on the basis of a test conducted for the purpose, giving due weight for inter-seniority and service records as prescribed.
1) 60% of the total strength shall be recruited by promotion by selection from among:
(a) Stenographers working in the High Court Establishment who have put in not less than one year of service as such; or
(b) Judgment Writers or Selection Grade Stenographers working in Sub-ordinate Courts on the basis of a test conducted for the purpose, giving due weight for inter-seniority and service records as prescribed.
Provided that they shall possess Degree from a recognised university or equivalent examination.
NOTE: Preference will be given for Law Graduates.
Explanation: 1. The present members who are working as Judgment Writers, who do not possess the required qualification, shall qualify themselves without affecting the regular work with prior permission of Hon'ble the Chief
657
Sl. No.
Cadre Existing method of recruitment Proposed Amendment to be
substituted in the place of existing method of recruitment
Justice, within a period of five years, failing which they shall not be entitled for further promotion.
The permission is not automatic, but subject to the interest of the Institution. Such permission shall not take away the Rights of the senior employees and does not confer the undue privileges on the junior employees. The qualification obtained without following the above norms would not be taken into consideration, till they come within the zone of consideration.
Note:- 1) For securing minimum qualification prescribed for this cadre within stipulated time, the permission may be liberally granted.
2) The period of time prescribed for securing minimum qualification (i.e., five years) starts from the date of permission.
3) If no eligible candidate is available for promotion, such vacant post may be filled up by direct recruitment.
4) The candidate shall posses a Certificate Course in Word Processing or equivalent.
2) Remaining 40% of posts shall be recruited by Direct Recruitment by Selection (after calling application and holding a competitive test and interview)
Minimum Qualifications
(for Direct Recruitment)
1) Must possess Degree from a recognised University or equivalent examination.
NOTE: Preference will be given to the Law Graduates.
2) i) Senior Grade examination in English Shorthand in First Class; or the Proficiency Grade Examination in English Shorthand; and
ii) Senior Grade examination in Typewriting in English conducted by the Department of Public Instruction of Karnataka Secondary Education Board or equivalent examination.
3) Certificate in Computer Word Processing or equivalent.
658
Sl. No.
Cadre Existing method of recruitment Proposed Amendment to be
substituted in the place of existing method of recruitment
Note: 1) Preference will be given to those candidates who possess the qualification of Senior Grade examination in Typewriting and Shorthand in Kannada language.
2) The procedure for conducting test which was followed previously for the promotion to the cadres of Judgment Writers shall also be followed for the Direct Recruitment to the said posts.
3) For Direct Recruitment inservice candidates may also compete.
21. Stenographer (a) By promotion by selection from amongst Typists who have passed Senior Grade in both Typewriting and Shorthand conducted by the Department of Public Instruction of the Karnataka Secondary Education Board or equivalent examination working on the establishment of the High Court or from amongst the Stenographers working in the Subordinate Courts, or by both, on the basis of a Test conducted for the purpose, due weight being given to seniority and service records, as prescribed; or
(b) By direct recruitment by selection (after calling for applications and holding a competitive test and interview).
Minimum Qualifications:
(for direct recruitment)
1. Must have passed the SSLC examination conducted by the Karnataka Secondary Education Board or equivalent examination
Note: Preference will be given to those who are graduates. Must have passed.
2. 1. The Senior Grade Examination in English Shorthand in first class; or
The Proficiency Grade Examination in English Shorthand; and
2. Senior Grade Examination in Typewriting in English conducted, by
1) By promotion by selection from amongst Typists who have passed Senior Grade examination in both Typewriting and Shorthand conducted by the Department of Public Instruction of the Karnataka Secondary Education Board or equivalent examination working on the establishment of the High Court or from amongst the Stenographers working in the Subordinate Courts, or by both, on the basis of a Test conducted for the purpose, due weight being given to seniority and service records, as prescribed; provided that they shall possess Degree from a recognised university or equivalent examination.
Explanation: 1. The present members who are working as Stenographers and who do not possess the required qualification, shall qualify themselves without affecting the regular work with prior permission of Hon'ble the Chief Justice, within a period of five years, failing which they shall not be entitled for further promotion.
The permission is not automatic, but subject to the interest of the Institution. Such permission shall not take away the Rights of the senior employees and does not confer the undue privileges on the junior employees. The qualification obtained without following the above norms would not be taken into consideration, till they come within the zone of consideration.
Note:- 1) For securing minimum qualification prescribed for this cadre within stipulated time, the permission may be liberally granted.
659
Sl. No.
Cadre Existing method of recruitment Proposed Amendment to be
substituted in the place of existing method of recruitment
the Department of Public Instruction of the Karnataka Secondary Education Board or equivalent qualification.
2) The period of time prescribed for securing minimum qualification (i.e., five years) starts from the date of permission.
3) If no eligible candidate is available for promotion, such vacant post may be filled up by direct recruitment.
4) The candidate shall posses a Certificate Course in Word Processing or equivalent.
Or
2) By direct recruitment by selection (after calling for applications and holding a competitive test and interview).
Minimum Qualifications:
(for direct recruitment)
1. Must possess a degree from a recognized university or equivalent examination.
2. The Senior Grade Examination in English Shorthand with 60% of aggregate marks; or
The Proficiency Grade Examination in English Shorthand; and
3. Senior Grade Examination in Typewriting in English conducted, by the Department of Public Instruction of the Karnataka Secondary Education Board or equivalent qualification.
4. Certificate in Computer Word Processing or equivalent.
Note: 1) Preference will be given to those candidates who possess the qualification of Senior Grade examination in Typewriting and Shorthand in Kannada language.
2) The procedure for conducting test which was followed previously for the promotion to the cadres of Stenographers shall also be followed for the Direct Recruitment to the said posts.
19. Second Division Assistant
(a) 50% by direct recruitment by selection after calling for application and interviewing the applicants. The minimum qualification for direct recruitment shall be a degree of a recognised University with minimum of 55% marks in the aggregate for candidate
(a) 50% by direct recruitment by selection after calling for application and interviewing the applicants. The minimum qualification for direct recruitment shall be a degree in Science /Arts/Commerce/ Business Management of a recognised University with minimum of 55% marks in the aggregate for candidate
660
Sl. No.
Cadre Existing method of recruitment Proposed Amendment to be
substituted in the place of existing method of recruitment
belonging to General category and a minimum of 45% marks in the aggregate to Schedule Caste and Schedule Tribes.
(b) 25% Promotion on the basis of seniority-cum-merit from the cadre of Group D officials working in the High Court Establishment and who have passed degree examination of recognised University and who have put in not less than one year of service
(c) 25% by promotion on the basis of seniority -cum-merit from the cadre of Group D officials working in the High Court Establishment and who have passed the SSLC or Equivalent examination and who have put in not less than 3 years of Service.
(d) If any vacancy cannot be filled up by promotion for want of suitable candidate from the cadre of Group D Officials possessing degree qualification, the same shall be filled up by promoting suitable candidate from the cadre of Group D Officials Possessing SSLC or equivalent qualification.
(e) If any vacancy meant for Group D Officials cannot be filled up by promotion for want suitable candidate the same shall be filled by direct recruitment.
belonging to General category and a minimum of 45% marks in the aggregate to Schedule Caste and Schedule Tribes.
(b) 50% Promotion on the basis of seniority-cum-merit from the cadre of Group D officials working in the High Court Establishment and who have passed degree examination of recognised University and who have put in not less than two years of service”.
Explanation: 1. The present members who are working as Second Division Assistants and who do not possess the required qualification, shall qualify themselves, without affecting the regular work, with prior permission of Hon'ble the Chief Justice, within a period of five years, failing which they shall not be entitled for further promotion.
The permission is not automatic, but subject to the interest of the Institution. Such permission shall not take away the Rights of the senior employees and does not confer the undue privileges on the junior employees. The qualification obtained without following the above norms would not be taken into consideration, till they come within the zone of consideration.
Note:- 1) For securing minimum qualification prescribed for this cadre within stipulated time, the permission may be liberally granted.
2) The period of time prescribed for securing minimum qualification (i.e., five years) starts from the date of permission.
3) If no eligible candidate is available for promotion, such vacant post may be filled up by direct recruitment.
22. Computer Operator/ Typist
(i) 85% by direct recruitment by selection as per the High Court of Karnataka Service (Direct Recruitment by Selection) Rules, 1984. Minimum qualification SSLC and Senior Grade Typewriting examination in English and Kannada.
(ii) 15% by promotion by selection of Group D Officials in the High Court establishment who have passed Senior Typewriting
(i) 85% by direct recruitment by selection as per the High Court of Karnataka Service (Direct Recruitment by Selection) Rules, 1984. Minimum qualification of Degree in Science/ Arts / Commerce / Business Management of a recognised University with minimum of 55% marks in the aggregate from any university established by Law in India and Senior Grade
661
Sl. No.
Cadre Existing method of recruitment Proposed Amendment to be
substituted in the place of existing method of recruitment
Examination in English and Kannada and
(a) have passed the degree examination from a recognised University and who have put in not less than one year of service; or
(b) have passed the Pre-University Examination and have put in not less than two years of service; or
(c) have passed the SSLC examination and have put in not less than three years of service.
Typewriting examination in English and Kannada.
Note: The candidate shall posses a Certificate Course in Word Processing or equivalent.
(ii) 15% by promotion by selection of Group D Officials in the High Court establishment who have passed Senior Typewriting Examination in English and Kannada and have passed the degree examination from a recognised University and who have put in not less than one year of service; or
Explanation: 1. The present members who are working as Typists and who do not possess the required qualification, shall qualify themselves without affecting the regular work with prior permission of Hon'ble the Chief Justice, within a period of five years, failing which they shall not be entitled for further promotion.
The permission is not automatic, but subject to the interest of the Institution. Such permission shall not take away the Rights of the senior employees and does not confer the undue privileges on the junior employees. The qualification obtained without following the above norms would not be taken into consideration, till they come within the zone of consideration.
Note:- 1) For securing minimum qualification prescribed for this cadre within stipulated time, the permission may be liberally granted.
2) The period of time prescribed for securing minimum qualification (i.e., five years) starts from the date of permission.
3) If no eligible candidate is available for promotion, such vacant post may be filled up by direct recruitment.
4) The candidate shall posses a Certificate Course in Word Processing or equivalent.
In exercise of the powers conferred by clause (1) of Article 316 of the Constitution of India, I, Rameshwar Thakur, Governor of Karnataka, hereby appoint Sri. B.P. Kaniram, I.A.S, as Member, Karnataka Public Service Commission in the position of Member created vide Notification No. DPAR 11 SSC 2009, dated 18.2.2009.
GOVERNOR OF KARNATAKA
By order and in the name of the Governor of Karnataka, DEVARAJU
Under Secretary to Government Department of Personnel and Administrative
Whereas the draft of the Karnataka Health and Family Welfare Department Services (Recruitment to Certain Posts) (Special) Rules, 2009 was published as required by sub-section (2) of section 3 of the Karnataka State Civil Services Act, 1978 (Karnataka Act 14 of 1990) in Notification No: HFW 388 HSM 2007 Dated: 7-02-2009 in Part-IV-A of the Karnataka Gazette Extraordinary dated: 7-02-2009 inviting objections and suggestion from all persons likely to be affected thereby within fifteen days from the date of its publication in the official Gazette.
And whereas the said Gazette was made available to the public on 7-02-2009;
And whereas the objections and suggestions received have been considered by the State Government.
663
Now, therefore, in exercise of the powers conferred by sub-section (1) of section 3 read with section 8 of the Karnataka State Civil Services Act, 1978 (Karnataka Act 14 of 1990), the Government of Karnataka hereby makes the following rules, namely:-
RULES
1. Title, commencement and application.- (1) These rules may be called the Karnataka Health and Family Welfare Department Services (Recruitment to Certain Posts) (Special) Rules, 2009.
(2) They shall come into force from the date of their publication in the Official Gazette.
(3) Notwithstanding anything contained in the Karnataka Civil Services (General Recruitment) Rules, 1977 or in the Karnataka Health and Family Welfare Department Services (Recruitment) Rules, 1965 or any other rules of recruitment relating to the categories of posts specified in the Schedule made or deemed to have been made under the Karnataka State Civil Services Act, 1978 (Karnataka Act 14 of 1990) the provisions of these rules, shall apply to recruitment to fill 5021 number of vacancies specified in column (3) of the Schedule in respect of cadres specified in column(2) thereof by way of Direct Recruitment in the Karnataka Directorate of Health & Family Welfare Services as specified in the said Schedule:
Provided that nothing in these rules shall apply to more than one recruitment.
2. Definitions.- (1) In these rules, unless the context otherwise requires,-
(a) “Schedule” means the Schedule appended to these rules;
(b) “Special Recruitment Committee” means the Committee Constituted under rule 3;
(c) “Vacancies” means the categories of vacant posts to be filled up as specified in column (3) of the schedule.
(2) Other words and expressions used but not defined in these rules shall have the same meaning assigned to them in the Karnataka Civil Services (General Recruitment) Rules, 1977.
3. Constitution of Special Recruitment Committee.- There shall be constituted a Special Recruitment Committee, for recruitment to fill up the vacancies specified in the Schedule, at the State Level consisting of the following members namely:-
1 The Commissioner, Health and Family Welfare Services Chairman
2 The Director / Additional Director, Health and Family Welfare Services Member
3 The Director, Medical Education Member
4 The Director, Social Welfare Department or his representative, not below the rank of Joint Director.
Member
5 The Director, Backward Classes and Minorities Department or his representative, not below the rank of Joint Director.
Member
6 The Director, Women and Child Development Department or his representative, not below the rank of Joint Director.
Member
7 The Chief Administrative Officer, Directorate of Health and Family Welfare Services. Member Secretary
4. Age and Qualification.- (1) The qualification for direct recruitment to the vacancies under these rules, shall be as specified in column (4) of the Schedule and the maximum age limit shall be in accordance with the Karnataka Civil Services (General Recruitment) Rules, 1977.
(2) No candidate shall be eligible for direct recruitment under these rules unless he/she has studied in Karnataka State for not less than 10 years, i.e.,1
st Standard to 10
th Standard.
(3) No candidate shall be eligible for appointment to the posts, for which specific physical standards are prescribed in the rules of recruitment specially made, unless he satisfies the prescribed physical standards.
(4) The candidate who apply for the post of Pharmacist shall submit along with his application, the Registration Certificate issued by the Karnataka Pharmacy Council.
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(5) The Candidates who apply for the posts of Staff Nurse with Diploma in Nursing / B.Sc., Nursing shall submit along with his application, the Registration Certificate issued by the Karnataka Nursing Council.
5. Application for recruitment.- The Special Recruitment Committee shall, advertise category of posts and the number of vacancies in the Official Gazette specifying the conditions of eligibility, the nature of selection, the classification of posts in accordance with the reservations of posts provided by or under any law or order for the time being in force and invite applications from the eligible intending candidates. Abstract of such advertisement shall also be published at least in two leading newspapers having wide circulation in the State, of which one shall be in Kannada.
6. Mode of Recruitment and list of selected Candidates.- (1) The Special Recruitment Committee shall, from among the candidates who have applied in pursuance to the advertisements under rule 5, prepare a list of candidates eligible for appointment under these rules in respect of each category of post in the order of merit determined on the basis of marks obtained in the qualifying examination as specified in column (4) of the Schedule. Where more than one qualifying examination is prescribed, merit shall be determined on the basis of average percentage of marks secured in those examinations. Where different qualifying examinations have been prescribed alternatively in the rules of recruitment applicable to a post or category of posts and a candidate has passed more than one such qualifying examination, the percentage of total marks obtained in such qualifying examination in which he has obtained highest percentage of total marks shall be taken into consideration, subject to the reservation of posts provided by or under any law or any rules for the time being in force.
(2) If two or more candidates have secured equal percentage of total marks in the qualifying examination, the order of merit in respect of such candidates shall be fixed on the basis of their age, the elder in age being placed above in the order of merit. The Special Recruitment Committee shall prepare a final selection list of candidates in respect of each category of post accordingly.
(3) The number of candidates to be selected under sub-rule (1) shall be equal to the number of vacancies notified.
(4) The Special Recruitment Committee shall also prepare an additional list of candidates not included in the main list prepared under sub-rule (1) in which the number of candidates to be included shall not exceed ten percent of the total number of vacancies notified. The instructions issued in Govt. Order No: DPAR 26 se.hi.ma. 2002 Dated: 11-04-2003, in this regard should be followed.
(5) The list prepared under sub-rule (1) and (2) shall be published in the Official Gazette and shall be valid till all the vacancies specified under these rules are filled up or until the expiry of a period of six months from the date of publication of the list prepared under sub-rule (4), whichever is earlier.
7. Appointment of candidates.- (1) The Special Recruitment Committee shall send the list of candidates selected under rule 6 to the Appointing Authority. The Candidates, whose names are included in the list sent by the Special Recruitment Committee, shall be appointed by the Appointing Authority in the vacancies in the order in which their names are found in the list after satisfying itself and after such enquiry as may be considered necessary, that each of such candidate is suitable in all respects for such appointment.
(2) The inclusion of the names of the candidates in the list published under sub-rule (2) of rule 6, shall not confer any right of appointment. The candidates in the additional list may be appointed in the post, not exceeding the extent of unfilled vacancies in the main list.
8. Application of other rules.- The Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957, the Karnataka Civil Services (Conduct) Rules, 1966 and Karnataka Civil Services (Probation) Rules, 1977 and all other rules for the time being in force regulating the recruitment and conditions of service of Government Servants made or deemed to have been made under the Karnataka State Civil Services Act, 1978 (Karnataka Act 14 of 1990) in so far as such rules are not inconsistent with the provisions of these rules shall be applicable to the selection made and to the persons appointed under these rules.
By order and in the Name of the Governor of Karnataka, CHIKKEGOWDA
Under Secretary to Government, Health and Family Welfare Department.
(Cadre and Recruitment)
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SCHEDULE
[see rule 4 and 6]
Sl. No.
Category of posts and Scale of Pay
No. of
Vacancie
s t
o
be f
ille
d
Minimum Qualification
1 2 3 4
1 Health Equipment Officer/X-Ray Engineer
(Rs.12000-22650)
02 (1) Must be a holder of Degree in Electrical Engineering or equivalent qualification; and
(2) Must have experience of not less than two years in a recognized hospital in maintenance and repairs of X-Ray allied plants.
2 Graduate Pharmacists
(Rs.11400-21600)
19 (1) Must be a holder of a Bachelor Degree in Pharmacy.
OR
A P.G. Degree in Chemistry with Pharmaceuticals as a special subject or equivalent qualification.
(2) Must have put in a service of not less than two years in administration or manufacturing establishment licensed under the Drug and Cosmetic Act, 1940 or in teaching at a college of Pharmacy recognized by the Government of Karnataka. Preference shall be given to persons possessing Master’s Degree in Pharmacy; and
(3) Must possess current or life registration with Karnataka Pharmacy Council.
3 Junior Chemist
(Rs.11400-21600)
09 Must be holder of a Master’s Degree in Chemistry or equivalent qualification.
4 Assistant Entomologist
(Rs.10800-20025)
03 Must be holder of a Master’s Degree in Zoology.
5 Clinical Psychologist
(Rs.11400-21600)
12 Must be holder of a Master’s Degree in Medical Psychology.
6 Psychiatric Social Worker
(Rs.8000-14800)
23 Must be holder of a Master’s Degree in Social Work.
7 Staff Nurse (Rs.8825-16000) B.Sc., Nursing
Diploma in Nursing
483
1447
Must be holder of a Bachelor’s Degree in Nursing (B.Sc., in Nursing).
Pass in SSLC or equivalent qualification and Diploma in Nursing (3 ½ Years Course) recognized by the Government of Karnataka.
8 Junior Health Assistant (Male)
(Rs. 6250-12000)
1286 (1) Pass in SSLC or equivalent qualification and Multipurpose Basic Health Worker Training.
OR
(2) Pass in SSLC or equivalent qualification and two years Diploma in Health Inspectors training in Karnataka Vocational Board.
OR
(3) Pass in SSLC or equivalent qualification and three years Diploma conducted by Para-Medical Board, Karnataka.
666
Sl. No.
Category of posts and Scale of Pay
No.
of
Vacancie
s t
o
be f
ille
d
Minimum Qualification
OR
(4) Pass in PUC with Science subjects and two years Diploma in Health Inspectors Course conducted by Para-Medical Board, Karnataka.
9 Junior Medical Laboratory Technologist
(old name is Junior Laboratory Technician)
(Rs. 7275-13350)
168 (1) Pass in SSLC or equivalent qualification and two years Diploma in Laboratory Technician training in Karnataka Vocational Education Board.
OR
(2) Pass in PUC with Science subjects and two years Laboratory Technician course conducted by Para-Medical Board, Karnataka.
OR
(3) Pass in SSLC or equivalent qualification and three years Diploma in Medical Laboratory Technology conducted by Para-Medical Board, Karnataka.
10 X-Ray Technician
(Rs. 7275-13350)
211 (1) Pass in SSLC or equivalent qualification and two years Diploma in X-Ray Technology conducted by Karnataka Vocational Board.
OR
(2) Pass in SSLC or equivalent qualification and three years Diploma in X-Ray Technology conducted by Para-Medical Board, Karnataka.
OR
(3) Pass in PUC with Science subjects and two years Diploma in X-Ray Technology conducted by Para-Medical Board, Karnataka.
11 Pharmacists
(Rs. 7275-13350)
216 Pass in SSLC / or equivalent qualification and Diploma in Pharmacy from any institutions recognized by Government of Karnataka.
12 Medical Record Technician
(Rs.8000-14800)
20 Pass in PUC (Science) with Diploma in Medial Record Technician Conducted by Para-Medical Board, Karnataka.
13 Junior Health Assistant (Female)
(Rs. 6250-12000)
1032 (1) Pass in SSLC or equivalent qualification
(2) Must have passed Junior Health Assistant (Female) training course from any of the Government Training Institutes in the State of Karnataka or any Institute recognized by the Govt. of Karnataka.
14 Ophthalmic Assistant
(Rs. 7275-13350)
68 Pass in PUC (with PCB and two years Diploma in Ophthalmic Technology conducted by Para-Medical Board Karnataka.
15 Physiotherapist (General)
(Rs. 8825-16000)
22 (1) Pass in PUC with Science as optional subject or equivalent qualification.
(2) Must be a holder of Diploma in Physiotherapy conducted by Karnataka Para Medical Board.
Total 5021
By order and in the Name of the Governor of Karnataka, CHIKKEGOWDA
Under Secretary to Government, Health and Family Welfare Department.
THE KARNATAKA APPROPRIATION BILL, 2009 (L.A. Bill No. 19 of 2009)
A Bill to authorize payment and appropriation of certain sums from and out of the Consolidated Fund of the State of Karnataka for the Services of the Financial Year 2009-2010.
Whereas it is expedient to authorize payment and appropriation of certain further sums from and out of the Consolidated Fund of the State for the services of the Financial Year 2009-2010.
Be it enacted by the Karnataka State Legislature in the Sixtieth Year of the Republic of India as follows :-
1. Short Title : This Act may be called the Karnataka Appropriation Act, 2009.
2. Issue of Rupees 21,25,913.72 Lakhs out of the Consolidated Fund of the State of Karnataka for the Financial year 2009-2010. From and out of the Consolidated Fund of the State of Karnataka, there may be paid and applied sums not exceeding those specified in column 5 of the Schedule amounting in the aggregate to the sum of Rupees Twenty one thousand two hundred fifty nine crores thirteen lakhs seventy two thousand only towards defraying the several charges which will come in the course of payment during the Financial Year 2009-2010 in respect of the services specified in column 2 of the Schedule.
3. Appropriation :- The sums authorized to be paid and applied from and out of the Consolidated Fund of the State by this Act shall be appropriated for the services and purposes expressed in the Schedule in relation to the said year.
SCHEDULE
(See Sections 2 and 3)
(Rs. in Lakhs)
Sums not exceeding
Demand No.
Service & Purpose Voted by the Legislative Assembly
This Bill is introduced in pursuance of the provisions of Article 204 of the Constitution of India to provide for the appropriation out of the Consolidated Fund of the State towards defraying the several charges which will come in course of payment during the Financial Year 2009-2010.
B.S. YEDDYURAPPA Chief Minister and Minister for Finance S.B. PATIL Secretary, Karnataka Legislative Assembly S.B. PATIL Secretary, Karnataka Legislative Assembly
THE KARNATAKA VALUE ADDED TAX ( AMENDMENT) BILL, 2009 (L.A. Bill No. 20 of 2009)
A Bill further to amend the Karnataka Value Added Tax Act, 2003.
Whereas it is expedient further to amend the Karnataka Value Added Tax Act, 2003 (Karnataka Act 32 of 2004) for the purposes hereinafter appearing;
Be it enacted by the Karnataka State Legislature in the fifty-ninth year of the Republic of India, as follows.-
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1. Short title and commencement.- (1) This Act may be called the Karnataka Value Added Tax ( Amendment) Act, 2009.
(2) It shall come into force with effect from the First day of April,2009.
2. Amendment of section 2.- In the Karnataka Value Added Tax Act, 2003 (Karnataka Act 32 of 2004) (hereinafter referred to as the principal Act), in section 2, after clause (13 ) ,the following shall be inserted, namely:-
“(13-A) “Electronic tax register” means a secure fiscal electronic device meant to issue tax invoices or bills of sale and record the details of such sales, and includes a printer and a device to affix signature of the dealer or his agent. ”
3. Amendment of section 11.- In section 11 of the principal Act, in sub-section (c), for the words “who is claiming deduction on any amount ”, the words “in respect of the amount claimed as deduction” shall be and shall always be deemed to have been substituted ;
4. Amendment of section 19.- In section 19 of the principal Act,-
(1) in the heading after the words “in use”, the words “or tax payment scheme” shall be inserted;
(2) after sub-section (2), the following shall be inserted, namely:-
“(3) Where a registered dealer after deducting input tax on any goods used in the course of his business, opts for composition of tax under section 15, the input tax deducted on the goods held in stock on the date on which the dealer so opts shall be repayable by the dealer in the tax period following such date and the input tax so repayable shall be calculated on the market value of such goods on such date.” ;
5. Amendment of section 23.- In section 23 of the principal Act, after the words “complete particulars”, the words and figures “and such dealer on becoming liable to register under section 22 shall on the date he becomes so liable, be eligible for deduction of input tax as specified under section 13 subject to the conditions specified in section 11” shall be inserted;
6. Amendment of section 27.- In section 27 of the principal Act, in sub-section (1), the following shall be inserted, namely:-
“Provided that in the case of a deceased individual, on application by his legal heirs for transfer of registration and subject to such conditions as may be prescribed, the prescribed authority may instead of cancellation permit transfer of his certificate of registration to the legal heirs.” ;
7. Amendment of section 31.- In section 31of the principal Act,-
(1) after sub-section (2), the following sub-sections shall be inserted, namely:-
“(2-A) The Commissioner may require every registered dealer belonging to a class of dealers as may be notified by him to install and use an electronic tax register of such type and description and secured in such manner as may be prescribed, for the purpose of accessing information regarding any matter or transaction which may affect the tax liability of such dealer.
(2-B) Notwithstanding anything contained in sub-sections (1) to (3) of section 29, every registered dealer falling under sub-section (2-A), shall issue tax invoices or bills of sale, through the electronic tax register, irrespective of the value of the goods sold and such dealer shall be allowed to recover the cost of the electronic tax register, in the manner and subject to such conditions as may be prescribed”;
(2) in sub-section (4), for the words “taxable turnover”, the words “total turnover” shall be substituted.
8. Amendment of section 35.- In section 35 of the principal Act, in sub-section (1), after the words “ twenty days”, the words “ or fifteen days” shall be inserted.
9. Amendment of section 52 .- In section 52 of the principal Act,-
(1) in sub-section (1),-
(a) after clause (b), the following clause shall be inserted, namely:-
“(b-1) to direct such dealer to produce electronic tax register for examination;” ;
(b) in clause (e),-
(i) after the word ‘registers’, the words “including electronic tax registers” shall be inserted ;
(ii) after the word “records”, the words “including electronic tax registers” shall be inserted;
(2) after sub-section(1), the following shall be inserted, namely:-
683
“(1-A) The audit party authorized by the Comptroller and Auditor General of India shall have the power to direct any registered dealer to produce at such time and such place as it may specify, accounts, registers, electronic tax register and documents relating to his business activity for examination.” ;
(3) in sub-section (2), for the words, brackets and figure “officer authorised under sub-section (1)”, the words, brackets, figures and alphabet “officer or audit party authorised under sub-section (1) or (1-a)” shall be substituted.
10. Amendment of section 53 .- In section 53 of the principal Act, in sub-section (2), in clause (b), after the word “prescribed”, the words “or notified by the Commissioner” shall be inserted.
11. Amendment of section 62.- In section 62 of the principal Act, in sub-section (6-A), for clause (ii), the following shall be substituted, namely :-
“(ii) The appellate authority shall pass an order by disposing of an appeal, within a period of ninety days from the date on which the hearing of the case was concluded.”
12. Amendment of section 64 .- In section 64 of the principal Act, in sub-section (3), the following proviso shall be inserted, namely:-
“Provided that in the case of an order passed by the appellate authority under section 62 allowing the appeal preferred in full, the condition specified in clause (a) shall not apply.”
13. Amendment of section 74.- In section 74 of the principal Act, in sub-section (4), for the words “failure”, the words “failure to submit a copy of the audited statement of accounts ” shall be and shall always be deemed to have been substituted;
14. Amendment of Section 77.- In section 77 of the principal Act,-
(1) in the heading after the word “seals”, a comma and the words “,electronic tax registers” shall be inserted;
(2) after sub-section (1) , the following sub-section shall be inserted, namely:-
“(1-A) Any registered dealer falling under sub-section (2-A) of section 31, who,-
(a) refuses to install an electronic tax register; or
(b) refuses or fails to use the electronic register installed; or
(c) removes or in any way tampers with the seal used to secure any electronic tax register installed or destroys or attempts to destroy any electronic tax register installed, shall be liable on conviction by a Court, not inferior to that of a Magistrate of the First Class, to a fine of not less than five thousand rupees but not exceeding twenty five thousand rupees and imprisonment for a period not exceeding one year.”
STATEMENT OF OBJECTS AND REASONS
It is considered necessary to amend the Karnataka Value Added Tax Act, 2003 to give effect to the proposals made in the Budget and specifically to,
(i) provide for mandatory use of tamperproof electronic billing devices by certain classes of dealers so as to ensure accounting of all their sales and correct payment of tax by them;
(ii) empower the Comptroller and Auditor General of India to authorise an audit party deputed by him to examine the accounts of a registered dealer to verify the correctness of the returns filed by such dealer;
(iii) provide for reversal of input tax credit deducted by a dealer on his opting for composition tax payment scheme;
(iv) provide for input tax deduction to a voluntarily registered dealer when his taxable turnover exceeds the minimum registration limit;
(v) provide for audit of accounts of dealers with total turnover exceeding forty lakh rupees;
(vi) empower the Commissioner of Commercial Taxes to notify documents that could be carried for transport of goods;
(vii) provide for transfer of certificate of registration issued to a deceased individual to his legal heirs; and
(viii) increase the time limit for passing order disposing of an appeal by the Appellate Authority to ninety days.
Certain consequential and incidental amendments and other amendments to rationalise certain current provision are also made.
Hence, the Bill.
684
MEMORANDUM REGARDING DELEGATED LEGISLATION
CLAUSE 6- Proviso to sub-section (1) of Section 27 sought to be introduced under Clause 6 empowers the State Government to prescribe the conditions for transfer of certificate of registration issued to a deceased individual to his legal heirs.
CLAUSE 7- Sub-sections (2-A) and (2-B) sought to be inserted in section 31 under Clause 7, empower the Commissioner of Commercial Taxes to notify the class of registered dealers required to use electronic tax registers to issue tax invoices and bills of sale and record their issue and the State Government to make rules to prescribe the type and description of such electronic tax registers and the manner of securing the electronic tax registers.
CLAUSE 9(2) - Sub-section (1-A) sought to be inserted in Section 52 under Clause 9(2) empowers the Comptroller and Auditor General of India to authorize any audit party deputed by him to examine the accounts of a registered dealer.
CLAUSE 11 - Clause (ii) sought to be inserted in sub-section (6-A) of section 62 under Clause 11 empowers the Commissioner of Commercial Taxes to notify the documents that may be carried by the owner or person in-charge of a goods vehicle or a boat, ship or similar vessel in respect of the goods carried in such goods vehicle or boat, ship or similar vessel.
The proposed delegation of Legislative power is normal in character.
FINANCIAL MEMORANDUM
There is no extra expenditure involved by the proposed measures.
B.S. YEDDYURAPPA Chief Minister S.B. PATIL Secretary, Karnataka Legislative Assembly
EXTRACT OF THE KARNATAKA VALUE ADDED TAX ACT, 2003 (KARNATAKA ACT NO. 32 OF 2004)
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2. Definitions.- In this Act unless the context otherwise requires:-
(1) ‘Agriculture’ with its grammatical variations includes horticulture, the raising of crops, grass or garden produce and grazing but does not include dairy farming, poultry farming, stock breeding and mere cutting of wood.
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(13) ‘Document’ includes written or printed records of any sort, title deeds and data stored electronically in whatever form.
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11. Input tax restrictions.- (a) Input tax shall not be deducted in calculating the net tax payable, in respect of:
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(c) Input tax shall not be deducted by any dealer executing a works contract who is claiming deduction on any amount paid or payable to any sub-contractor as the consideration for execution of part or whole of such works contract for him.
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19. Change in use after deduction of input tax.- (1) Where a registered dealer has deducted input tax on any goods and those goods are not used in the course of his business or lost or destroyed, any input tax deducted becomes repayable in the period following the date on which those goods were put to such other
use.
(2) Where such goods have been wholly or mainly used or are intended for use in sale of taxable goods or in sale of any goods in the course of export out of the territory of India prior to the change of use, input
tax repayable shall be calculated on the prevailing market value of such goods at the time of change of use.
XXXXX
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23. Voluntary registration.- A dealer who sells taxable goods, though not liable to register under Section 22 but who desires to register voluntarily, shall make an application to the prescribed authority in such form and in such manner as may be prescribed, giving correct and complete particulars.
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27. Cancellation of registration.- (1) In any case where,
(a) any business of a registered dealer has been discontinued, transferred fully or otherwise disposed of; or
(b) there is any change in the status of the ownership of the business; or
(c) the taxable turnover of sale of goods of a registered dealer has, during any period of twelve consecutive months, not exceeded two lakh rupees; or
(d) a dealer issues tax invoices without effecting any taxable sales; or
(e) a dealer being an individual, registered under this Act dies,
and for any other good and sufficient reason, the prescribed authority may, either on its own motion or on the application of the dealer, or in the case of death, on the application of the legal heirs, made in the
prescribed manner, cancel the registration certificate from such date, including any anterior date, as it considers fit having regard to the circumstances of the case.
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31. Accounts.- (1) Every registered dealer and every dealer liable to pay tax under this Act shall keep and maintain a true and correct account, in Kannada or English or Hindi or in such other language as the Government may, by notification, specify, of all his purchases, receipts, sales, other disposals, production, manufacture and stock showing the values of goods subject to each rate of tax under this Act including input tax paid and output tax payable.
(2) If the Commissioner or prescribed authority is of the opinion that the accounts kept and maintained by any dealer or any class of dealers do not sufficiently enable him or it to verify the returns required under this Act or to make any assessment under it, he or it may, by order, require any dealer or class of dealers, to keep such accounts and records including tax invoices of manufacture, sales, purchases, disposals or transfers of stock other than by way of sales in such form and in such manner as he or it may direct.
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(4) Every dealer whose taxable turnover in a year exceeds forty lakh rupees shall have his accounts audited by a Chartered Accountant or a Cost Accountant or a Tax Practitioner subject to such conditions and such limits as may be prescribed and shall submit to the prescribed authority a copy of the audited statement of accounts and prescribed documents in the prescribed manner.
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35. Returns.- (1) Subject to sub-sections (2) to (4), every registered dealer, and the Central Government, a State Government, a statutory body and a local authority liable to pay tax collected under sub-section (2) of Section 9, shall furnish a return in such form and manner, including electronic methods, and shall pay the tax due on such return within twenty days after the end of the preceding month or any other tax period as may be prescribed.
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52. Production and inspection of documents and powers of entry, search and seizure.- (1) Any officer authorised by the Commissioner in this behalf shall have the power.-
(a) to enter and inspect the place of business of any dealer, or any other place, where it is believed by such Officer that business is being carried on or accounts including documents are being kept by such dealer.
(a-1) to cause purchase of any goods by any person authorized by him from the business premises of any dealer, to check issue of tax invoices or bills of sale by such dealer and on return of goods so purchased by such officer, such dealer or any person in charge of the business premises shall refund the amount paid towards the goods after cancelling any tax invoice or bill of sale issued.
(b) to direct such dealer to produce at such time and at such place accounts, registers and documents relating to his business activities for examination.
(c) to enter and inspect the goods in the possession of the dealer or in the possession of any other person on behalf of such dealer, wherever such goods are kept.
686
(d) to enter and search such places including the dealer’s place of residence, and including the search of the dealer or person acting on behalf of the dealer found there, where concealment of facts relating to the business are suspected.
(e) to seize any accounts, registers or documents from the dealer, where he has reason to suspect that a dealer is attempting to avoid or evade tax or is concealing his tax liability in any manner, after recording such reasons in writing, and give the dealer or any other person from whose custody such accounts, records or documents are seized, a receipt for and, if requested, copies of the same and may retain them in his custody for examination, inquiry, prosecution or other legal proceedings for such period as he considers necessary.
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(2) Where the records and accounts under Sections 31 and 33 are maintained by electronic means, the dealer shall provide such access to such accounts and records as may be required by the officer authorised under sub-section (1).
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53. Establishment of check posts and inspection of goods in movement.- (1) If the Government or the Commissioner considers it necessary, with a view to prevent or check evasion of tax under this Act in any place or places in the State, it or he may, by notification, direct the establishment of a check post or the erection of a barrier, or both, at such place or places as may be notified.
(2) The owner or person in charge of a goods vehicle or a boat, ship or similar vessel shall:
(a) carry with him a goods vehicle record, a trip sheet or a log book, as the case may be; and
(b) carry with him such documents as may be prescribed, in respect of the goods carried in the goods vehicle or boat, ship or similar vessel; and
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62. Appeals.- (1) Any person objecting to any order or proceedings affecting him passed under the provisions of this Act by the prescribed authority may appeal to the prescribed appellate authority.
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(6-A) (i) In disposing of an appeal, the appellate authority shall not set aside any order or proceedings of assessment or any other order and direct the assessing authority or other authority to make a fresh assessment or to make a fresh order.
(ii) The appellate authority shall pass an order disposing of an appeal, within a period of thirty days from the date on which the hearing of the case was concluded and where it is not practicable so to do on the ground of the exceptional and extraordinary circumstances of the case, the appellate authority shall fix a future date for passing the order, and such day shall not be a day beyond sixty days from the date on which the hearing of the case was concluded, and due notice of the day so fixed shall be given to the appellant.
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64. Revisional powers of Additional Commissioner and Commissioner.- (1) The Additional Commissioner may on his own motion call for and examine the record of any order passed or proceeding recorded under this Act and if he considers that any order passed therein by any officer, who is not above the rank of a Joint Commissioner, is erroneous in so far as it is prejudicial to the interest of the revenue, he may, if necessary, stay the operation of such order for such period as he deems fit and after giving the person concerned an opportunity of being heard and after making or causing to be made such inquiry as he deems necessary, pass such order thereon as the circumstances of the case justify, including an order enhancing or modifying the assessment, or canceling the assessment or directing a fresh assessment.
(2) The Commissioner may on his own motion call for and examine the record of any proceeding under this Act, and if he considers that any order passed therein by any officer subordinate to him or the Authority for Clarification and Advance Rulings constituted under Section 60 is erroneous in so far as it is prejudicial to the interest of the revenue, he may if necessary, stay the operation of such order for such period as he deems fit and after giving the person concerned an opportunity of being heard and after making or causing to be made such inquiry as he deems necessary, pass such order thereon as the circumstances of the case justify, including an order enhancing or modifying the assessment, or canceling the assessment or directing a fresh assessment.
(3) The Additional Commissioner or the Commissioner shall not exercise any power under sub-section (1) or sub-section (2), as the case may be, if.-
(a) the time for appeal against the order has not expired;
687
(b) the matter has been subject to an appeal under Section 63 or a revision in the High Court; or
(c) more than four years have expired after the passing of the order sought to be revised.
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74. Penalties relating to the keeping of records:- (1) Any dealer who fails to keep and maintain proper records or submit a copy of the agreement entered into for execution of civil works contract, in accordance with Sections 31 or by order of the prescribed authority shall be liable to a penalty not exceeding two thousand rupees if such failure is the first during any year or five thousand rupees if such failure is the second or subsequent during that year and, in addition, a further penalty not exceeding two hundred rupees per day for so long as the failure continues after being given an opportunity to show cause against such imposition of penalty.
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(4) Any dealer who fails to submit within the time prescribed a copy of the audited statement of accounts, shall be liable to pay a penalty of five thousand rupees and, a further penalty of fifty rupees per day for so long as the failure continues, after being given an opportunity of showing cause in writing against such imposition of penalty by the prescribed authority.
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77. Penalties relating to seals and to unaccounted stocks.- (1)Any person who removes, or in any way tampers with, a seal attached under the provisions of clause (f) of sub-section (1) of Section 52, and sub-section (4) of Section 53, shall be liable on conviction by a Court, not inferior to that of a Magistrate of the First Class, to a fine of not less than five thousand rupees but not exceeding twenty five thousand rupees and imprisonment for a period not exceeding one year.
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THE KARNATAKA TAXATION LAWS ( AMENDMENT) BILL, 2009 (L.A. Bill No. 21 of 2009)
A Bill further to amend certain taxation laws in force in the State of Karnataka.
Whereas it is expedient further to amend certain taxation laws for the purposes hereinafter appearing;
Be it enacted by the Karnataka State Legislature in the Sixtieth year of the Republic of India, as follows.-
1. Short title and commencement.- (1) This Act may be called the Karnataka Taxation Laws (Amendment) Act, 2009.
(2) It shall come into force with effect from the First day of April, 2009.
2. Amendment of Mysore Act IX of 1932.- In the Mysore Betting Tax Act, 1932 (Mysore Act IX of 1932),-
(1) for section 6, the following shall be substituted, namely:-
“6. Betting Tax.- (1) There shall be levied and collected a tax, referred to as the Betting Tax, on the bets made by backers in an enclosure set a apart by the licensee in accordance with the provisions of Mysore Race Courses Licensing Act, 1952 (Mysore Act No. VIII of 1952) through a licensed bookmaker on any race, whether run on the same race course or on any other race course either within the State or outside the State, at a rate not exceeding fifty thousand rupees for each day of a race meeting as may be specified by the State Government by a notification.
(2) The betting tax levied under sub-section (1) shall be paid by every licensed bookmaker.”
(2) for section 7, the following shall be substituted, namely:-
“7. Payment of betting tax.- Every licensed bookmaker shall pay the betting tax levied under section 6, in the manner and within such time along with a return in such form and manner as may be prescribed.”
3. Amendment of Karnataka Act 30 of 1958.- In the Karnataka Entertainments Tax Act, 1958 (Karnataka Act 30 of 1958),-
(1) in Section 3,-
(a) in sub-section (1), in clause (b), for the figures and words “40 per cent”, the figures and words “30 per cent” shall be substituted;
(b) in sub-section (1-A), after the proviso, the following proviso shall be inserted, namely:-
“Provided further that admission to a game or sport involving proprietary teams, that is played for prize moneys and organized on commercial basis shall not be exempted from tax under the first proviso.”;
(2) in section 4-G, after the words “amounts received”, the words “or receivable” shall be inserted;
(3) in section 6-A, after sub-section (4), the following shall be inserted, namely:-
“(5) No assessment under this section for any prescribed period shall be made after a period of one year on the date on which the return under sub-section (1) for that prescribed period is submitted by a proprietor.
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Provided that the assessment proceedings relating to any prescribed period ending before the commencement of the Karnataka Taxation Laws (Amendment) Act, 2009 in respect of which a return under sub-section (1) has been submitted before such commencement, shall be completed within a period of one year on the date of such commencement:
Provided further that the Commissioner may direct assessment of cases on random basis.
Provided also that nothing in this sub-section limiting the time within which assessment may be made, shall apply to an assessment made in consequence of, or to give effect to, any findings, directions or orders made under section 8-B, 8-C, 8-D or 8-E or any judgment or order made by any Court.
(6) In computing the period of limitation for assessment under this section,-
(a) the time during which the proceedings for assessment in question have been deferred on account of any stay order granted by any Court or any other authority shall be excluded;
(b) the time during which the assessment has been deferred in any case or clause of cases by the Joint Commissioner for reasons to be recorded in writing shall be excluded.
(7) Where an assessment under this section is not concluded within the time specified in sub-section (5), the complimentary tickets and payment for admissions declared by a proprietor in his return shall be deemed to have been assessed for that prescribed period on the basis of said return and provisions of this Act relating to assessment of escaped complimentary ticket or payment for admission to any entertainment, payment and recovery, appeal and revision shall mutatis mutandis apply to such deemed assessment.
(8) Notwithstanding anything contained in this section, the Government may notify, subject to such conditions as may be specified, that assessment of any specified class of proprietors for any prescribed period shall be deemed to have been made on the basis of the return submitted under sub-section (1) without requiring presence of the proprietor or production of accounts and other documents by the proprietor.” ;
(4) after section 8-E, the following shall be inserted, namely:-
“8-F.Revision by High Court in certain cases.- (1) Within one hundred and eighty days from the date on which an order under sub-section (5) or (7) or (8) of Section 8-E was communicated to him, the appellant or the respondent may prefer a petition to the High Court against the order on the ground that the Appellate Tribunal has either failed to decide or decided erroneously any question of law.
(2) The High Court may admit a petition preferred after the period of one hundred and eighty days aforesaid if it is satisfied that the petitioner has sufficient cause for not preferring the petition within that period.
(3) The petition shall be in the prescribed form, shall be verified in the prescribed manner, and shall, when it is preferred by any person other than an officer empowered by the Government under sub-section (1) of Section 8-E, be accompanied by a fee of one hundred rupees.
(4) If the High Court, on perusing the petition, considers that there is no sufficient ground for interfering, it may dismiss the petition summarily:
(5) The High Court shall not dismiss any petition unless the petitioner has had a reasonable opportunity of being heard in support thereof.
(6) (a) If the High Court does not dismiss the petition summarily, it shall, after giving both the parties to the petition a reasonable opportunity of being heard, determine the question or questions of law raised and either reverse, affirm or amend the order against which the petition was preferred or remit the matter to the Appellate Tribunal with the opinion of the High Court on the question or questions of law raised or pass such other order in relation to the matter as the High Court thinks fit.
(b) Where the High Court remits the matter to the Appellate Tribunal under clause (a) with its opinion on questions of law raised, the latter shall amend the order passed by it in conformity with such opinion.
(7) Before passing an order under sub-section (6) the High Court may, if it considers necessary so to do remit the petition to the Appellate Tribunal and direct it to return the petition with its finding on any specific question or issue.
(8) Notwithstanding that a petition has been preferred under sub-section (1), the tax shall be paid in accordance with the assessment made in the case.
(9) If as a result of the petition, any change becomes necessary in such assessment, the High Court may authorize the prescribed authority to amend the assessment and the prescribed authority shall amend
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the assessment accordingly and thereupon the amount overpaid by the person concerned shall be refunded to him without interest or the additional amount of tax due from him shall be collected in accordance with provisions of this Act, as the case may be.
(10) (a) The High Court may, on the application of either party to the petition, review any order passed by it under sub-section (6) on the basis of facts which were not before it when it passed the order.
(b) The application for review shall be preferred within such time and in such manner as may be prescribed, and shall where it is preferred by any person other than an officer empowered by the Government under sub-section (1) of Section 8-E be accompanied by a fee of one hundred rupees.
(11) (a) With a view to rectifying any mistake apparent from the record, the High Court may, at any time within five years from the date of the order passed by it under sub-section (6), amend such order.
(b) The High Court shall not pass an order under this sub-section without giving both parties affected by the order a reasonable opportunity of being heard.
(12) In respect of every petition preferred under sub-section (1) or (10), the costs shall be in the discretion of the High Court.”
4. Amendment of Act 35 of 1976.- In the Karnataka Tax on Professions, Trades, Callings and Employments Act, 1976 (Karnataka Act 35 of 1976),-
(1) in section 5, after sub-section (4), the following shall be inserted, namely:-
“(5) Where an employer or a person liable for registration or enrolment has failed to apply for such registration or enrolment within the time specified, the assessing authority shall, after giving him a reasonable opportunity of being heard, impose a penalty of one thousand rupees in the case of an employer and five hundred rupees in the case of any other person.” ;
(2) in section 6-A, after sub-section (3), the following shall be inserted, namely:-
“(4) Where an employer has failed to furnish a statement in the prescribed form or failed to pay the tax due on any statement furnished as required under the Act, the assessing authority shall, after giving him a reasonable opportunity of being heard, impose a penalty of two hundred and fifty rupees.” ;
(3) in section 7,-
(a) for sub-section (1), the following shall be substituted, namely:-
“(1) Notwithstanding anything contained in sub-section (2) as it existed prior to commencement of the Karnataka Taxation Laws(Amendment) Act, 2009, every employer shall be deemed to have been assessed to tax based on the return filed by him under section 6 for any year commencing from the first day of April, 2008, except in cases where the Commissioner may notify the employer of any requirement of production of accounts before the assessing authority in support of a return filed for any year and such authority shall proceed to assess such dealer,-
(a) on the basis of the return filed where he is satisfied that the return filed is correct and complete, or
(b) to the best of its judgment, where the return filed appears to be incorrect or incomplete, after giving the employer an opportunity of showing cause against such assessment in writing.” ;
(b) for sub-section (2), the following shall be substituted, namely:-
“(2) Notwithstanding anything contained in this section as it existed prior to commencement of the Karnataka Taxation Laws (Amendment) Act, 2009, the Government may notify, subject to such conditions as may be specified, that assessment of any specified class of employers for any year shall be deemed to have been made on the basis of the return submitted under sub-section (1) without requiring the presence of the employer or production of accounts and other documents by the employer.” ;
(4) in section 21, after the words “Any authority”, the words “or any officer authorised by the Commissioner either generally or specifically” shall be inserted;
(5) in section 26, in sub-section (1), after the words “assessing authority”, the words “or the officer authorised under section 21” shall be inserted;
(6) in the Schedule, in serial number 1, in column (2),-
(a) the entries relating to item (b) and the corresponding entries in column (3) shall be omitted;
(b) the entries relating to item (c) and the corresponding entries in column (3) shall be omitted.
5. Amendment of Karnataka Act 22 of 1979.- In the Karnataka Tax on Luxuries Act, 1979 (Karnataka Act 22 of 1979),-
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(1) in section 3, for sub-section (1), the following shall be substituted, namely:-
“3.Levy and collection of tax on luxury provided in a hotel.- (1) Subject to the provisions of this Act, there shall be levied and collected a tax on the luxury provided in a hotel in respect of every room (to be known as `Luxury Tax’) at the following rates, namely:-
Serial
Number Charges Rate of tax
1 Where the charges for lodging per room per day are not less than five hundred rupees but not more than one thousand rupees
Four per cent of such charges
2 Where the charges for lodging per room per day are more than one thousand rupees but not more than two thousand rupees
Six per cent of such charges
3 Where the charges for lodging per room per day are more than two thousand rupees
Ten per cent of such charges
Provided that where charges for lodging are payable otherwise than on daily basis, then, for the purposes of determining the tax liability under this section, the charges shall be computed as for a day, based on the period of lodging for which the charges are payable.
Provided further that where any charges for lodging are paid by any person who is a member of the Foreign Diplomatic Mission in India, other than such foreign diplomatic mission as may be notified then such person shall be exempt from payment of tax. ” ;
(2) in section 3-B, for the words “twenty per cent”, the words “ten per cent” shall be substituted;
(3) in section 3-C, for the words “twenty per cent”, the words “ten per cent” shall be substituted;
(4) in section 4, for sub-section (3), the following shall be substituted, namely:-
“(3)Where luxury provided in a hotel to any person is charged at a concessional rate, then the tax on such luxury, shall be levied and collected on such lower charges where such lower charges are allowed as a result of any discount allowed in general or is in accordance with the terms of a contract or agreement entered into in a particular case and also where such discount allowed is published in tariff cards or displayed or disclosed in writing, in any manner for information.” ;
(5) in section 12-A, for the words “specified class of hotels”, the words “specified class of hotels, marriage halls, clubs and hospitals” shall be substituted.
STATEMENT OF OBJECTS AND REASONS
It is considered necessary to amend the Mysore Betting tax Act, 1932, the Karnataka Entertainments Tax Act, 1958, the Karnataka Tax on Professions Trades, Callings and Employments Act, 1976 and the Karnataka Tax on Luxuries Act, 1979 to give effect to the proposals made in the Budget and matters connected therewith.
Certain consequential and incidental amendments are also made.
Hence, the Bill.
FINANCIAL MEMORANDUM
There is no extra expenditure involved by the proposed measures.
B.S. YEDDYURAPPA Chief Minister S.B. PATIL Secretary Karnataka Legislative Assembly
MEMORANDUM REGARDING DELEGATED LEGISLATION
CLAUSE 2(1)- Sub-section (1) of Section 6 of the Mysore Betting Tax Act, 1932 sought to be substituted under clause 2(1) empowers the State Government to specify by notification the rate of Betting Tax to be paid by licensed bookmakers on bets received on horse races.
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CLAUSE 2(2)- Section 7 of the Mysore Betting Tax Act, 1932 sought to be substituted under clause 2(2) empowers the State Government to prescribe the time limit within which Betting Tax should be paid by licensed bookmakers and the form and manner of returns to be filed by them.
CLAUSE 3- Sub-section (8) of Section 6-A of the Karnataka Entertainments Tax Act, 1958 sought to be inserted under clause 3(3) empowers the State Government to notify the class of proprietors returns filed by whom shall be deemed to be accepted without requiring their presence or production of books of account.
CLAUSE 4(3)(a)-Sub-section (1) of Section 7 of the Karnataka Tax on Professions, Trades, Callings and Employments Act, 1976 sought to be substituted under clause 4(3)(a) empowers the Commissioner of Commercial Taxes to notify the employers who are required to produce accounts in support of the annual returns filed by them.
CLAUSE 4(3)(b)-Sub-section (2) of Section 7 of the Karnataka Tax on Professions, Trades, Callings and Employments Act, 1976 sought to be substituted under clause 4(3)(b) empowers the State Government to notify the class of employers returns filed by whom shall be deemed to be accepted without requiring their presence or production of books of account.
CLAUSE 4(4)- Section 21 of the Karnataka Tax on Professions, Trades, Callings and Employments Act, 1976 sought to be amended under clause 4(4) empowers the Commissioner of Commercial Taxes to authorise authorities to inspect and such premises where any profession, trade, calling or employment is carried on to check tax evasion.
The proposed delegation of Legislative power is normal in character.
Annexure to Karnataka Taxation Laws (Amendment) Bill, 2009
1. The Mysore Betting Tax Act, 1932 (Mysore Act No. IX of 1932).
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Section 6. Betting Tax.-(1) There shall be charged, levied and paid to the State Government out of all moneys paid or agreed to be paid to a licensed bookmaker by a backer in respect of a bet made in an enclosure set apart by the licensee in accordance with the provisions of the Mysore Race Courses Licensing Act, 1952, on any race, whether run on the same race course or on any other race course either within the State or outside the State a tax, hereinafter referred to as the betting tax, at a rate not exceeding twenty-five per cent of all such moneys as the State Government may, from time to time, notify in this behalf.
(2) The betting tax shall be deducted or collected by the licensed bookmaker from such moneys at the time when the money is paid by the backer, or in the case of credit bets at such time as may be prescribed, and shall be deemed to have been paid by the backer on account of the tax, and shall be retained by the licensed bookmaker on behalf of the State Government.
7. Procedure for making over betting tax to State Government.- All sums retained on account of the betting tax shall be made over by the licensed bookmaker, by whom they have been retained, to the prescribed officer at such times and in such manner as may be prescribed.
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Extract of the Karnataka Entertainment Tax Act, 1958 (Karnataka Act 30 of 1958)
3. Tax on payments for admission to entertainments.- (1) There shall be levied and paid to the State Government entertainments tax on each payment for admission excluding the amount of tax, to an entertainment.-
(a) specified in sub-clause (i) of clause (e) of Section 2 at 70 per cent of such payment; and
(b) specified in sub-clause (ii) of clause (e) of Section 2 at 40 per cent of such payment.
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(1-A) In respect of entertainments referred to in sub-clause (iii) of clause (e) of Section 2, other than an entertainment on which tax is levied under Section 4-E or 4-F, there shall be levied and paid to the State Government on each payment for admission excluding the amount of tax, to such entertainment, entertainments tax at the rate of ten per cent, if such payment for admission, excluding the amount of tax, is not less than fifty rupees.
Provided that no tax shall be levied in the case of admission to a circus or drama or magic show or game or sport, where it involves no participation.
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4-G. Tax on Multi System Operator and Direct To Home service provider.- Not withstanding anything contained in Sections 4-C and 4-D, there shall be levied and collected a tax at the rate of ten per cent on the amounts received by a Multi System Operator towards distributing satellite television signals, communication network, including production and transmission of programmes and packages and by a Direct To Home service provider towards providing television signals under the Direct To Home scheme.
Provided that no tax shall be levied under this section for the period from the 1st day of Apirl, 2002
to 31st day of March, 2006.
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6-A. Returns.-(1) Every proprietor of an entertainment shall submit such returns relating to complimentary tickets and to payments for admissions, to such authority, in such manner and within such periods, as may be prescribed.
Provided that in respect of an entertainment which is single event or which is held for a duration less than a week, the proprietor shall submit such return, as may be prescribed, forthwith upon conclusion of such entertainment.
(4) In making an assessment under sub-section (3), if the prescribed authority is satisfied that the correct amount of tax payable under sub-section (1-A) was not paid by the proprietor either due to willful mis-statement or suppression of facts, it may direct the proprietor to pay, in addition to the tax assessed, a penalty.-
(i) equal to the amount of difference between the tax assessed and the tax paid under sub-section (1-A), where such assessment if made for the first time in any financial year, and
(ii) equal to double the amount of difference between the tax assessed and the tax paid under sub-section (1-A), while making any subsequent assessment during such financial year.
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8-E. appeal to the Appellate Tribunal.- (1) Any officer empowered by the State Government or the Commissioner in this behalf or any other person objecting to an order passed by the Joint Commissioner under Section 8-B or Section 8-C may appeal to the Appellate Tribunal constituted under the Karnataka Appellate Tribunal Act, 1976 (Karnataka Act 10 of 1976), within a period of sixty days from the date on which the order was communicated to him.
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Extract of the Karnataka Tax on Professions Trades, Callings and Employments Act, 1976 (Karnataka Act No.35 of 1976)
5. Registration and enrolment.- (1) Every employer (not being an officer of Government) liable to pay tax under Section 4 shall obtain a certificate of registration from the assessing authority in the prescribed manner.
(4) The assessing authority shall mention in every certificate of enrolment, the amount of tax payable by the holder according to the Schedule and the date by which it shall be paid, and such certificate shall serve as a notice of demand for purposes of Section 12.
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6-A. Payment of tax in advance.- (1) Every employer registered under this Act, shall furnish to the assessing authority within twenty days of expiry of a month, a statement in the prescribed form showing therein the salary and wages paid by him and the amount of tax deducted by him in respect thereof during the month immediately preceding that month:
Provided that where the amount of tax deducted in a month is not more than rupees five thousand, the registered employer shall furnish such a statement within twenty days of expiry of a quarter showing therein the salary and wages paid by him and the amount of tax deducted by him in respect thereof during the immediately precedings that quarter.
(3) If no such statement is submitted by any employer under sub-section (1) before the date specified therein or if the statement submitted by him appears to the assessing authority to be incorrect or incomplete, the assessing authority may assess the employer provisionally for that month or for that quarter, as the case may be, to the best of his judgment, recording the reasons for such assessment and proceed to demand and collect the tax on the basis of such assessment:
Provided that before taking action under sub-section (3) the employer shall be given an opportunity of being heard.
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7. Assessment of employer or person.- (1) If the assessing authority is satisfied that the return filed by any employer is correct and complete, it shall accept the return.
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(2) (a) If the assessing authority is not satisfied that the return filed by any employer is correct and complete, it shall serve upon the employer a notice requiring him to attend in person or through an authorized representative on a date specified in the notice and to produce accounts and papers in support of the return.
(b) The assessing authority shall, on examination of accounts and papers, assess the amount of tax payable by the employer.
(c) If the employer fails to comply with the terms of the notice or if in the opinion of the assessing authority the accounts and papers are incorrect or incomplete or unreliable, the said authority shall, after such enquiry as it deems fit or otherwise, assess the tax due to the best of its judgment.
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21. Production and inspection of accounts and documents and search of premises.- Any authority under this Act may inspect and search any premises, where any profession, trade, calling or employment liable to taxation under this Act is carried on or is suspected to be carried on and may require production and examination of books, registers, accounts or documents relating thereto and may seize such books, registers, accounts or documents as may be necessary:
Provided that, if the said authority removes from the said premises any book, register, account of document, it shall give to the person in charge of the place, a receipt describing the book, register, account or document so removed by it and retain the same only for so long as may be necessary for the purposes of examination thereon or for a prosecution.
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26. Compounding of offences.- (1) Subject to such conditions as may be prescribed, the assessing authority may, either before or after the institution of prosecution, permit any person charged with the offence to compound the office on payment of such sum, not exceeding double the amount of tax to which the offence relates, as the assessing authority may determine.
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SCHEDULE
[See Section 3(2)]
Rates of tax on professions, trades, callings and employments
Sl.
No.
Class of persons Rate of tax
(1) (2) (3)
1 Salary or wage earners whose salary or wage or both, as the case may be, for a month is.-
(b) not less than Rs.5,000 but less than Rs.8,000
(c) not less than Rs.8,000 but less than Rs.10,000
Rs.60 per month
Rs.100 per month
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Extract of the Karnataka Tax on Luxuries Act, 1979 (Karnataka Act No. 22 1979)
3. Levy and collection of tax on luxury provided in a hotel.- (1) Subject to the provisions of this Act, there shall be levied and collected a tax on the luxury provided in a hotel in respect of every room (to be known as ‘Luxury Tax’) at the following rates, namely:-
(a) Where the charges for lodging per room per day are more than one hundred and fifty rupees but less than four hundred rupees
Four per cent of such charges
(b) Where the charges for lodging per room per day are not less than four hundred and fifty rupees but less than one thousand hundred rupees
Eight per cent of such charges
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(c) Where the charges for lodging per room per day are more not less than one thousand rupees
Twelve per cent of such charges
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3-B. Tax on luxuries like health club, etc.- There shall be levied and collected a tax at the rate of twenty per cent on charges collected for luxuries provided in a hotel for residents or others such as health club, beauty parlour, swimming pool, conference hall and the like when such charges are collected separately.
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3-C.Levy and collection of tax on charges for marriage hall.- Subject to the provisions of this Act, where charges for luxury provided in a marriage hall are not less than five thousand rupees per day, there shall be levied and collected a tax at the rate of fifteen per cent of such charges:
Provided that where charges for marriage hall are payable otherwise than on daily basis, then for the purposes of determining the tax liability under this Section, the charges shall be computed as for a day, based on the period of occupancy for which the charges are payable.
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4.Mode of collection of tax.- (1)Where the rate of charges for luxury provided in a hotel is inclusive of the charges for food or drink or other amenities, if any, being amenities referred to in clause (5) of Section 2, then the Luxury Tax Officer may, from time to time, after giving the proprietor an opportunity of being heard, fix separate rates of charges for such luxury and for food or drink or other amenities, if any, being amenities referred to in clause (5) of Section 2, for the purpose of calculating the tax under this Act.
(2) xx xx xx
(3)Where luxury provided in a hotel to any person (not being an employee of the hotel), is not charged at all, or is charged at a concessional rate, then the tax on such luxury shall be levied and collected as if full charges for such luxury were paid to the proprietor of the hotel.
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12-A. Power of State Government to exempt or reduce tax.- The State Government may, if in its opinion, it is necessary in the public interest so to do, by notification subject to such restrictions and conditions and for such period as may be specified in the notification, exempt or reduce the tax payable under this Act in respect of specified class of hotels.
THE KARNATAKA FISCAL RESPONSIBILITY (AMENDMENT) BILL, 2009 (L.A. Bill No. 22 of 2009)
A Bill further to amend the Karnataka Fiscal responsibility Act, 2002.
Whereas it is expedient further to amend the Karnataka Fiscal Responsibility Act, 2002(Karnataka Act 16 of 2002) for the purposes hereinafter appearing;
Be it enacted by the Karnataka State Legislature in the Sixtieth year of the Republic of India as follows:-
1. Short title and commencement.- (1) This Act may be called the Karnataka Fiscal Responsibility (Amendment) Act, 2009.
(2) It shall be deemed to have come into force with effect from the 28th day of February 2009.
2. Amendment of Section 4.- In the Karnataka Fiscal Responsibility Act, 2002 in section 4, in sub-section(3), after the first proviso, the following shall be inserted, namely:-
"provided further that the fiscal deficit during the year 2008-09 may exceed the limit up to 3.5 percent of estimated Gross State Domestic Product as a part of economic stimulus package. The additional market borrowings availed under the limits so relaxed shall be used for undertaking capital expenditure during the year 2008-09. As a measure of compliance an accompanying Report with details and stating the likely impact of such capital expenditure shall be placed before both the Houses of the Legislature.
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STATEMENT OF OBJECTS AND REASONS
It is considered necessary to amend section 4 of the Karnataka Fiscal Responsibility Act, 2002 to raise the Fiscal deficit to 3.5 percent of estimated Gross State Domestic Product for the year 2008-09 as a one time relaxation and to meet capital expenditure as a part of economic stimulus package.
Hence the Bill.
FINANCIAL MEMORANDUM
The Amendment will facilitate additional borrowing of around Rs.1340 Crores during the year 2008-09. This borrowing will be over and above the borrowings permissible within the normal 3% fiscal deficit limit. B.S. YEDDYURAPPA Chief Minister S.B. PATIL Secretary, Karnataka Legislative Assembly
ANNEXURE
THE KARNATAKA FISCAL RESPONSIBILITY ACT, 2002
xx xx xx
4. Fiscal Management Principles.- (1) xx xx xx
(2) xx xx xx
(3) In particular, and without prejudice to the generality of the foregoing provisions, the State Government shall –
(a) reduce revenue deficit to nil within a period of four financial years beginning from the initial financial year on the 1st day of April, 2002 and ending on the 31st day of March, 2006;
(b) reduce revenue deficit as a percentage of Gross State Domestic Product (GSDP) in each of the financial years beginning on the 1st day of April, 2002, in a manner consistent with the goal set out in clause (a);
(c) reduce fiscal deficit to not more than three per cent of the estimated gross state domestic product within a period of four financial years beginning from the initial financial year on the 1st day of April, 2002 and ending on the 31st day of March, 2006;
(d) reduce fiscal deficit as a percentage of Gross State Demostic Product (GSDP) in each of the financial years beginning on the 1st day of April, 2002 in a manner consistent with the goal set out in clause (c);
(e) not to give guarantee for any amount exceeding the limit stipulated under the Karnataka Ceiling to Government Guarantees Act, 1999 (Karnataka Act 11 of 1999);
(f) ensure within a period of thirteen financial years, beginning from the initial financial year on the 1st day of April, 2002, and ending on the 31st day of March, 2015; that the total liabilities at the end of the last financial year do not exceed twenty five per cent of the estimated gross state domestic product for that year;
Provided that revenue deficit and fiscal deficit may exceed the limits specified under this sub-section due to ground or grounds of unforeseen demands on the finances of the State Government due to national security or natural calamity, subject to the condition that the excess beyond limits arising due to natural calamities
does not exceed the actual fiscal cost that can be attributed to the calamities;
THE KARNATAKA MOTOR VEHICLES TAXATION (AMENDMENT) BILL, 2009
(L.A. Bill No. 23 of 2009)
A Bill further to amend the Karnataka Motor Vehicles Taxation Act, 1957.
Whereas, it is expedient further to amend the Karnataka Motor Vehicles Taxation Act, 1957 (Karnataka Act 35 of 1957) for the purpose hereinafter appearing;
Be it enacted by the Karnataka State Legislature in the Sixtieth year of the Republic of India as follows:-
1. Short title and commencement.- (1) This Act may be called the Karnataka Motor Vehicles Taxation (Amendment) Act, 2009.
(2) It shall come into force with effect from first day of April 2009.
718
2. Amendment of Schedule.- In the Karnataka Motor Vehicles Taxation Act, 1957 (Karnataka Act 35 of 1957), in the schedule to the Act,
(i) for Part A 1 the following shall be substituted namely.-
“ Part A 1
(See Section 3(1))
Lifetime Tax for Two-wheelers
Sl.
No. Class of Vehicles
Motor Cycles whose cost does not exceed
Rs.50,000
Motor cycles cost of which exceeds
Rs.50,000
Motor Cycles run
on Electricity
1 2 3 4 5
A. At the time of Registration of New Vehicles.
8 Percent of cost of the vehicle.
10 percent of the cost of the vehicle.
4 percent of the cost of the vehicle.
B. If the vehicle is already registered and its age from the month of Registration is :
Percentage of the life time tax levied under
Clause A
Percentage of the life time tax levied under
Clause A
Percentage of the life time tax levied
under Clause A
1. Not more than 2 years 93% 93% 93%
2. More than 2 years but not more than 3 years
87% 87% 87%
3. More than 3 years but not more than 4 years
81% 81% 81%
4. More than 4 years but not more than 5 years
75% 75% 75%
5. More than 5 years but not more than 6 years
69% 69% 69%
6. More than 6 years but not more than 7 years
64% 64% 64%
7. More than 7 years but not more than 8 years
59% 59% 59%
8. More than 8 years but not more than 9 years
54% 54% 54%
9. More than 9 years but not more than 10 years
49% 49% 49%
10. More than 10 years but not more than 11 years
45% 45% 45%
11. More than 11 years but not more than 12 years
41% 41% 41%
12. More than 12 years but not more than 13 years
37% 37% 37%
13. More than 13 years but not more than 14 years
33% 33% 33%
14. More than 14 years but not more than 15 years
29% 29% 29%
15. More than 15 years 25% 25% 25%
Note:-
1. In respect of vehicles for which lifetime tax was due prior to the 1st day of April, 2009, but has not
been paid, such tax shall be collected at the rates prevailing prior to such day along with the penalty due, if any.
719
2. Cost of the vehicle in relation to a motor vehicle means, –
(a) In respect of a vehicle manufactured in India, cost of the vehicle as per the purchase invoice issued either by the manufacturer or by the dealer of the vehicle including the excise duty, sales tax, surcharge or cess, entry tax, etc., as payable in the State of Karnataka; and
(b) In respect of an imported motor vehicle, irrespective of its place of manufacture, the total cost incurred in importing the vehicle, that is to say, the value of the motor vehicle as endorsed in the Bill of Entry or such other document and assessed as such under the Customs Act 1962, together with the Customs Duty levied, freight charges incurred and other taxes levied thereupon including additional duty/penalty levied if any, by the Customs Department or any other Department.
For Part A5, the following shall be substituted namely.-
“ Part A 5
(See Section 3(1)) Lifetime Tax for Motor cars, Jeeps, Omni Buses and Private Service Vehicles
Sl. No.
Class of vehicles
Motor cars, Jeeps, Omni Buses and
Private Service Vehicles having floor area upto 5 Sq.Mtrs, cost of which does not
exceed Rs.5 Lakhs
Motor cars, Jeeps, Omni Buses and Private Service Vehicles having floor area upto 5 Sq.Mtrs, cost of which exceeds Rs.5 Lakhs but not exceeding Rs.10 Lakhs
Motor cars, Jeeps, Omni Buses and
Private Service Vehicles having floor area upto 5 Sq.Mtrs, cost of which exceeds Rs.10 Lakhs
Motor Cars, Vans
run on Electricity
1 2 3 4 5 6
A. At the time of Registration of New Vehicles.
12 Percent of cost of the vehicle.
13percent of the cost of the vehicle.
16 percent of the cost of the
vehicle.
4 percent of the cost
of the vehicle.
B. If the vehicle is already registered and its age from the month of Registration is :
Percentage of the life time tax levied under
Clause A
Percentage of the life time tax levied under Clause A
Percentage of the life time tax levied under
Clause A
Percentage of the life time tax levied under
Clause A
1. Not more than 2 years
93% 93% 93% 93%
2. More than 2 years but not more than 3 years
87% 87% 87% 87%
3. More than 3 years but not more than 4 years
81% 81% 81% 81%
4. More than 4 years but not more than 5 years
75% 75% 75% 75%
5. More than 5 years but not more than 6 years
69% 69% 69% 69%
6. More than 6 years but not more than 7 years
64% 64% 64% 64%
7. More than 7 years but not more than 8 years
59% 59% 59% 59%
8. More than 8 years but not more than 9 years
54% 54% 54% 54%
9. More than 9 years but not more than 10 years
49% 49% 49% 49%
720
10. More than 10 years but not more than 11 years
45% 45% 45% 45%
11. More than 11 years but not more than 12 years
41% 41% 41% 41%
12. More than 12 years but not more than 13 years
37% 37% 37% 37%
13. More than 13 years but not more than 14 years
33% 33% 33% 33%
14. More than 14 years but not more than 15 years
29% 29% 29% 29%
15. More than 15 years 25% 25% 25% 25%
Note:-
1. In respect of vehicles for which lifetime tax was due prior to the 1st day of April, 2009, but has not been
paid, such tax shall be collected at the rates prevailing prior to such day along with the penalty due, if any.
2. Cost of the vehicle in relation to a motor vehicle means, –
(a) In respect of a vehicle manufactured in India, cost of the vehicle as per the purchase invoice issued either by the manufacturer or by the dealer of the vehicle including the excise duty, sales tax, surcharge or cess, entry tax, etc., as payable in the State of Karnataka; and
(b) In respect of an imported motor vehicle, irrespective of its place of manufacture, the total cost incurred in importing the vehicle, that is to say, the value of the motor vehicle as endorsed in the Bill of Entry or such other document and assessed as such under the Customs Act 1962, together with the Customs Duty levied, freight charges incurred and other taxes levied thereupon including additional duty/penalty levied if any, by the Customs Department or any other Department.
STATEMENT OF OBJECTS AND REASONS
In order to give effect to the Budget Speech for the year 2009-10, it is proposed to amend the Karnataka Motor Vehicles Taxation Act, 1957.
Hence the Bill.
FINANCIAL MEMORANDUM
There is no extra expenditure involved in the proposed measure.
R. ASHOKA Minister for Transport S.B. PATIL Secretary, Karnataka Legislative Assembly
ANNEXURE
Extract from the Karnataka Motor Vehicles Taxation Act, 1957 (Karnataka Act No.35 of 1957).
xx xx xx
Part A1
[See Section 3(1)]
Lifetime Tax for
Two-wheelers Sl. No.
Class of vehicles Motor cycles whose cost
does not exceed Rs.50,000
Motor cycles cost of which exceeds
Rs.50,000
A. At the time of Registration of New Vehicles.
8 Percent of cost of the vehicle.
10 percent of the cost of the vehicle.
721
B. If the vehicle is already registered and its age from the month of Registration is
Percentage of the life time tax levied under Clause A
Percentage of the life time tax levied under
Clause A
1. Not more than 2 years 93% 93%
2. More than 2 years but not more than 3 years
87% 87%
3. More than 3 years but not more than 4 years
81% 81%
4. More than 4 years but not more than 5 years
75% 75%
5. More than 5 years but not more than 6 years
69% 69%
6. More than 6 years but not more than 7 years
64% 64%
7. More than 7 years but not more than 8 years
59% 59%
8. More than 8 years but not more than 9 years
54% 54%
9. More than 9 years but not more than 10 years
49% 49%
Notes :
1. In respect of vehicles for which lifetime tax was due prior to the 1st
day of April, 2007, but has not been paid, such tax shall be collected at the rates prevailing prior to such day along with the penalty due, if any.
2. Purchase invoice shall be produced in respect of vehicles which are registered on or after 1st
day of April 2007.
3. Cost of the vehicle in relation to a motor vehicle means –
(a) In respect of a vehicle manufactured in India, cost of the vehicle as per the purchase invoice issued either by the manufacturer or by the dealer of the vehicle including the excise duty, sales tax, surcharge or cess, entry tax etc., as payable in the State of Karnataka; and
(b) In respect of an imported motor vehicle, irrespective of its place of manufacture, the total cost incurred in importing the vehicle, that is to say, the value of the motor vehicle as endorsed in the Bill of Entry or such other document and assessed as such under the Customs Act 1962, together with the Customs Duty levied, freight charges incurred and other taxes levied thereupon including additional duty/penalty levied if any, by the Customs Department or any other Department.
xx xx xx
Part A5
[See Section 3(1)]
Lifetime Tax for
Motor Cars, Jeeps,
Omni Buses and Private
Service Vehicles Sl.
No.
Class of vehicles
Motor cars, Jeeps, Omni
Buses and Private Service Vehicles having floor area upto 5 Sq.Mtrs, cost of which
does not exceed Rs.5 Lakhs
Motor cars, Jeeps, Omni Buses and Private Service Vehicles having floor area upto 5 Sq.Mtrs, cost of which exceeds
Rs.5 Lakhs but not exceeding Rs.10
Lakhs
Motor cars, Jeeps, Omni Buses and Private Service Vehicles having floor area upto 5 Sq.Mtrs, cost of which exceeds Rs.10 Lakhs
A. At the time of Registration of New Vehicles.
10 Percent of cost of the vehicle.
11 percent of the cost of the vehicle.
14 percent of the cost of the vehicle.
722
Lifetime Tax for
Motor Cars, Jeeps,
Omni Buses and Private
Service Vehicles Sl.
No.
Class of vehicles
Motor cars, Jeeps, Omni
Buses and Private Service Vehicles having floor area upto 5 Sq.Mtrs, cost of which
does not exceed Rs.5 Lakhs
Motor cars, Jeeps, Omni Buses and Private Service Vehicles having floor area upto 5 Sq.Mtrs, cost of which exceeds
Rs.5 Lakhs but not exceeding Rs.10
Lakhs
Motor cars, Jeeps, Omni Buses and Private Service Vehicles having floor area upto 5 Sq.Mtrs, cost of which exceeds Rs.10 Lakhs
B. If the vehicle is already registered and its age from the month of Registration is :
Percentage of the life time tax levied
under Clause A
Percentage of the life time tax levied under Clause A
Percentage of the life time tax levied
under Clause A
1. Not more than 2 years 93% 93% 93%
2. More than 2 years but not more than 3 years
87% 87% 87%
3. More than 3 years but not more than 4 years
81% 81% 81%
4. More than 4 years but not more than 5 years
75% 75% 75%
5. More than 5 years but not more than 6 years
69% 69% 69%
6. More than 6 years but not more than 7 years
64% 64% 64%
7. More than 7 years but not more than 8 years
59% 59% 59%
8. More than 8 years but not more than 9 years
54% 54% 54%
9. More than 9 years but not more than 10 years
49% 49% 49%
10. More than 10 years but not more than 11 years
45% 45% 45%
11. More than 11 years but not more than 12 years
41% 41% 41%
12. More than 12 years but not more than 13 years
37% 37% 37%
13. More than 13 years but not more than 14 years
33% 33% 33%
14. More than 14 years but not more than 15 years
29% 29% 29%
15. More than 15 years 25% 25% 25%
Notes :
1. In respect of vehicles for which lifetime tax was due prior to the 1st
day of April, 2007, but has not been paid, such tax shall be collected at the rates prevailing prior to such day along with the penalty due, if any.
2. Purchase invoice shall be produced in respect of vehicles which are registered on or after 1st
day of April 2007.
3. Cost of the vehicle in relation to a motor vehicle means –
723
(a) In respect of a vehicle manufactured in India, cost of the vehicle as per the purchase invoice issued either by the manufacturer or by the dealer of the vehicle including the excise duty, sales tax, surcharge or cess, entry tax etc., as payable in the State of Karnataka; and
(b) In respect of an imported motor vehicle, irrespective of its place of manufacture, the total cost incurred in importing the vehicle, that is to say, the value of the motor vehicle as endorsed in the Bill of Entry or such other document and assessed as such under the Customs Act 1962, together with the Customs Duty levied, freight charges incurred and other taxes levied thereupon including additional duty/penalty levied if any, by the Customs Department or any other Department.
A Bill further to amend the Karnataka Stamp Act, 1957.
Whereas it is expedient further to amend the Karnataka Stamp Act, 1957 (Karnataka Act 34 of 1957), for the purposes hereinafter appearing;
Be it enacted by the Karnataka State Legislature in the sixtieth year of Republic of India as follows:-
1. Short title and Commencement.- (1) This Act may be called Karnataka Stamp( Amendment) Act, 2009.
(2) It shall come into force with effect from first day of April 2009.
2. Amendment of section 45-A.- In the Karnataka Stamp Act, 1957 (Karnataka Act 34 of 1957) (hereinafter referred to as the principal Act), in section 45-A, in sub-section (1),-
(a) for clause (h) and entries relating thereto, the following shall be substituted, namely:-
“(h) a lease covered under item (iv) of Article 30;”
(b) in clause (i), for the words, brackets and letters “under clause (eb) and clause (ea)”, the words, brackets and letters “under clause (e), clause (ea) and clause (eb)” shall be substituted.
3. Amendment of the Schedule.- In the schedule to the Principal Act,-
(1) In Article 5,-
(a) in clause (e), for sub-clause (ii), and entries relating thereto, the following shall be substituted, namely:-
“(ii) possession of the property is not delivered
0.25 rupee for every one hundred rupees or part thereof on the market value equal to the amount of consideration.”
(b) for clause (f), and the entries relating thereto the following shall be substituted, namely:-
“(f) If relating to construction or development or sale of an immovable property, including a multi-unit house or building or unit of apartment or flat or portion of a multi-storied building by a person having a stipulation that after construction or development, such property shall be held jointly or severally by that person and the owner or lessee, as the case may be, of such property, or that it shall be sold jointly or severally by them or that a part of it shall be held jointly or severally by them and the remaining part thereof shall be sold jointly or severally by them.
Explanation I:-
(1) the expression “lessee’ shall mean a holder of a lease, for a period exceeding thirty years or more, or in perpetuity or does not purport to be for any definite term.
(2)the expression “building” shall mean a building having more than one apartment or flat or office accommodation or portion of a multi-storied building.
Explanation II: For the purpose of clause(e), clause(f) and clause (h) where subsequently conveyance or mortgage as the case may be, is executed between the same parties in pursuance of such agreement or its records or memorandum, the stamp duty, if any, already paid and recovered on the
one rupee for every one hundred rupees or part thereof on the market value of the property, or the estimated cost of construction or proposed construction or development or proposed development of the property, as the case may be, (which is the subject matter of such transfer under the agreement in accordance with the provisions of section 28 of the Karnataka Stamp Act 1957); or on the consideration for such transfer whichever is higher:
Provided that, if the Proper stamp duty is paid under clause (e), (ea) and (eb) of Article 41 on a power of attorney executed between the same parties in respect of the same property, then the stamp duty under this article shall be as per Article 5(i).”
735
agreement or its record or memorandum shall be adjusted towards the total duty leviable on the conveyance or mortgage, as the case may be
(c) in sub clause (i), in column (3), for the words “fifty rupees” the words “two hundred rupees” shall be substituted.
(2) for Article 11 and entries relating thereto, the following shall be substituted, namely:-
“11 Award.- that is to say, any decision in writing by an arbitrator or umpire, not being an award directing a partition, on a reference made otherwise than by an order of the Court in the course of a suit.
The same duty as a conveyance [under Article 20(1)] on the amount or market value of the property (which is the subject matter of award), which ever is higher.”
(3) In Article 20,-
(a) in clause (1), in column 3, for the words “seven and a half percent” the words “six percent” shall be substituted;
(b) in clause (6), in column 2, after the words “securitization” the words and figures “under securitisation and reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002” shall be inserted.
(4) In Article 22,-
(a) in clause (a), in column (2), for the words “four rupees and fifty paise” the words “five hundred rupees” shall be substituted;
(b) in clause (b), in column (3), for the words “fifty rupees” the words “five hundred rupees” shall be substituted.
(5) In Article 28, in the “explanation”, after the words “means” the words and comma “father, mother,” shall be inserted.
(6) In Article 30, for clause (1) and entries relating thereto, the following shall be substituted, namely:-
“(1) Lease of immoveable property including an under-lease or sub-lease and any agreement to let or sub-let where by such lease, the rent is fixed, or fine or premium or money advanced or security deposit (as the case may be) is paid or delivered,-
(i) where the lease purports to be for a term not exceeding five years.
(ii) where the lease purports to be for a term exceeding five years but not exceeding ten years.
(iii) where the lease purports to be for a term exceeding ten years but not exceeding thirty years.
one rupee for every one hundred rupees or part thereof on the total amount of average annual rent; and fine or premium or money advanced or security deposit (as the case may be) payable or deliverable under such lease.
two rupees for every one hundred rupees or part thereof on the total amount of average annual rent; and fine or premium or money advanced or security deposit (as the case may be) payable or deliverable under such lease.
four rupees for every one hundred rupees or part thereof on the total amount of average annual rent; and fine or premium or money advanced or security deposit (as the case may be) payable or deliverable under such lease.
736
(iv) where the lease purports to be for a term exceeding thirty years or in perpetuity or does not purport to be for any definite term
the same duty as a [conveyance (Article 20 (1)], for the amount or value of such fine or premium or advance, as set forth in the lease, in addition to duty which would have been payable on such lease if no fine or premium or advance had been paid or delivered; or for an amount equal to market value of the property whichever is higher:
Provided that in any case when an agreement to lease is stamped with the ad valorem stamp required for a lease and a lease in pursuance of such agreement is subsequently executed, the duty on such lease shall not exceed rupees fifty:
Provided further that the duty in respect of an instrument of lease executed in favour of the wife, husband, father, mother, son, daughter, brother or sister in relation to the person shall be rupees one thousand.
Explanation.- The term “money advanced” in this Article means and includes the security deposit whether refundable or adjustable towards the rent.”
(7) for Article 32-A, and entries relating thereto, the following shall be substituted, namely:-
“32-A Licence of immovable or moveable property.- That is to say licence granted by owner or authority for rent or fee or by whatever name it is called, and money advanced or security deposit
(i) where the licence purports to be for a term not exceeding five years
(ii) where the licence purports to be for a term exceeding five years but not exceeding ten years.
(iii) where the licence purports to be for a term exceeding ten years but not exceeding thirty years.
one rupee for every one hundred rupees or part thereof on the total amount of average annual rent or fee or by whatever name it is called, and money advanced or security deposit, payable or deliverable under such licence.
two rupees for every one hundred rupees or part thereof on the total amount of average annual rent or fee or by whatever name it is called, and money advanced or security deposit, payable or deliverable under such licence.
four rupees for every one hundred rupees or part thereof on the total amount of average annual rent or fee or by whatever name it is called, and money advanced or security deposit, payable or deliverable under such licence.”
(8) In Article 41,-
(a) for clause (e), and entries relating thereto the following shall be substituted, namely:-
737
“(e) when given for consideration and or when coupled with interest and authorizing the attorney to sell any immovable property;
The same duty as a Conveyance [under Article 20(1)] on consideration or on market value of the property (which is the subject matter of such power of attorney), whichever is higher.”
(b) for clause (ea), and entries relating thereto the following shall be substituted namely:-
“(ea) when given for construction / development or sale of an immovable property, including a multi-unit house or building or unit of apartment or flat or portion of a multi-storied building to a person having a stipulation that after construction or development, such property shall be held jointly or severally by person and the owner or lessee, as the case may be, of such property, or that it shall be sold jointly or severally by them or that a part of it shall be held jointly or severally by them and the remaining part thereof shall be sold jointly or severally by them.
Explanation:-
(1) the expression “lessee’ shall mean a holder of a lease for a period exceeding thirty years or more or in perpetuity or does not purport to be for any definite term.
(2) the expression “building” shall mean a building having more than one apartment or flat or office accommodation or portion of a multi-storied building or both.
one rupee for every one hundred rupees or part thereof on the market value of the property, or the estimated cost of construction or proposed construction or development or proposed development of the property, as the case may be, (which is the subject matter of such transfer under the power of attorney in accordance with the provisions of section 28 of the Karnataka Stamp Act 1957) or the consideration for such transfer whichever is higher:
Provided that, when proper stamp duty is paid under clauses (e) or (f) of article 5 (as the case may be) on such agreement, or records thereof or memorandum of an agreement executed between the same parties and in respect of the same property, the duty chargeable under these clauses shall be as per Article 41(f).”
(c) in sub-clause (f), in column (3), for the words “one hundred rupees” the words “two hundred rupees” shall be substituted.
(9) In Article 45,-
(a) for clause (a), and entries relating thereto, the following shall be substituted, namely:-
“(a) where the release is not between the family members The same duty as a Conveyance [under Article No.20(1)] on the market value of the property and or on the amount or value of claim or part of claim renounced, as the case may be (which is the subject matter of Release) or consideration for such release, whichever is higher.”
(b) after clause (b), in the “explanation”,-
(i) after the words “brother” the words “wife / children of predeceased brother” shall be inserted; and
(ii) after the words “sister” the words “husband/ children of predeceased sister” shall be inserted.
(10) In Article 48, in clause (A), in sub-clause (ii), in the “explanation”, after the words “means” the words and comma “father, mother,” shall be inserted.
STATEMENT OF OBJECTS AND REASONS
To give effect to the proposals made in the Budget Speech 2009-10, it is considered necessary to amend the Karnataka Stamp Act, 1957 (Karnataka Act No. 34 of 1957). Certain consequential amendments have also been proposed.
Hence the bill.
FINANCIAL MEMORANDUM
There is no extra expenditure involved in the proposed measure.
G. KARUNAKARA REDDY Minister for Revenue S.B. PATIL Secretary, Karnataka Legislative Assembly
738
ANNEXURE
Extract from the Karnataka Stamp Act, 1957
(Karnataka Act 32 of 1957)
xxx xxx xxx
45-A.(1) xxx
(h) A lease covered under item (iv) of sub-clause (a), item (ii) of sub-clause (b) and item (ii) of sub-clause (c) and of sub-clause (d)
of clause (1) of Article 30;
(i) A power of Attorney covered under clause (eb) and clause (ea)of Article 41
xxx xxx xxx
SCHEDULE
Stamp Duty on instruments
(ii) possession of the property
is not delivered
(a) Where the value of the property,-
(i) does not exceed rupees 5000
(ii) exceeds rupees 5000 but does not exceed rupees 20,000
(iii) exceeds rupees 20,000 but
does not exceed rupees 50,000
(iv) exceeds rupees 50,000
Ten rupees
Twenty rupees
One hundred rupees
Two hundred rupees
(f) If relating to giving authority or power to a developer by whatever name called, for construction or, development of, or sale or transfer (in any manner whatsoever) any immoveable property.
Xxx
Xx xx
(i) If not otherwise provided for Fifty rupees
Xx Xx
11. Award.- that is to say any decision in writing by an Arbitrator or umpire, not being an Award directing a partition on a reference made otherwise than by an order of the court in the course of a suit; On the Amount or market value of the property whichever is higher.
20. (1) For Conveyance.- as defined by clause (d) of section 2, not being a transfer charged or exempted under No.52, on the market value of the property which is the subject matter of conveyance
The same duty as a bond (Article no.12) on the market value of the property which is the subject matter of the award.
Seven and a half percent of the value
739
xx
(6) If relating to assignment of receivables by the originator to the special purpose vehicle (SPV), or by whatever name they are called in the process of securitisation
xxx
Counterpart or duplicate—of any instruments, chargeable with duty and in respect of which the proper duty has been paid
(a) if the duty with which the instruments is chargeable does not exceed four rupees and fifty paise original.
(b) in any other case.
Xxx
28.(b) xxx
Explanation: Family in relation to the donor for this purpose means husband, wife, son, daughter, daughter-in-law, brothers, sisters
and grand children.
xxx
30. (1) Lease of immovable property ,- including an under lease or sub-lease and any agreement to let or sub-let,—
(a) where by such lease, the rent is fixed and no premium is paid or delivered,—
(i) where the lease purports to be for a term of less than one year. under such lease.
(ii) where the lease purports to be for a term of not less than one year, but not
more than five years
(iii) where the lease purports to be for a term of not less than five year, but not
exceeding ten years
(iv) where the lease purports to be for a term exceeding ten years, but not exceeding twenty years of the average annual rent reserved. (v)where the lease purports to be for a term exceeding twenty years, but not exceeding thirty years of the average annual rent reserved.
(vi) where the lease purports to be (Article for a term exceeding thirty years or in perpetuity or does not purports market value of the property.
Xx
One rupee for every one thousand
rupees or part thereof subject to a
maximum of rupees one lakh.
xxx
The same duty as payable on the original Fifty rupees
Xxx
Xx
The same duty as a Bond (No. 12) for the total amount of rent payable
The same duty as a Bond (No. 12) for the amount or value of the average annual rent reserved.
The same duty as a Conveyance (ArticleNo.20)for the amount or value equal to twice the amount or value of the average annual rent reserved.
The same duty as a Conveyance (Article No. 20) for an amount equal to three times the amount or value
The same duty as a Conveyance (Article No. 20) for an amount equal to four times the amount or value
The same duty as a conveyance 20(1) for an
amount equal to the market value of the property.
740
(b) where the lease is granted for a fine or premium or for money advanced and where no rent is
reserved -
(i) where the lease purports to be for a term not exceeding thirty years
(ii) where the lease purports to be for a term exceeding thirty years or in perpetuity or does not purports to be for any definite term
(c) where the lease is granted for a fine or premium or for money advanced in addition to rent reserved, -
(i) where the lease purports to be for a term not exceeding thirty years.
(ii) where the lease purports to be for a term exceeding thirty years or in perpetuity or does not purport to such fine or premium or advance
The same duty as a Conveyance (Article No. 20( for the amount or value of such fine or premium or advance as set forth in the lease
The same duty as a Conveyance Article 20(1) for the amount or value of such fine or premium or advance as setforth in the lease or for an amount equal to the market value of the property whichever is higher.
The same duty as a Conveyance (Article No. 20), for the amount or value of such fine or premium or advance as set forth in the lease, in addition to duty which would have been payable on such lease, if no fine or premium or advance had been paid or delivered.
The same duty as a Conveyance (Article 20(1), for the amount or value of be for any definite term. as setforth in the lease, in addition to duty which would have been payable on such lease,or for an amount equal to the market value of the property whichever is higher:
Provided that, in any case when an agreement to lease is stamped with the advalorem stamp required for a lease and a lease in pursuance of such agreement is subsequently executed, the duty on such lease shall not exceed rupees fifty:
Provided further that the duty in respect of an instrument of lease chargeable under Article 30(a) (v) and (vi), Article 30 (b) (ii) and Article 30 (c) (ii), effected by the Bangalore Development Authority constituted under the Bangalore Development Authority Act, 1976 (Karnataka Act 12 of 1976), the Urban Development Authority constituted under the Karnataka Urban Development Authorities Act, 1987 (Karnataka Act 34 of 1987), the Karnataka Housing Board constituted under the Karnataka Housing Board Act, 1962 (Karnataka Act 10 of 1963), the Improvement Boards constituted under the Karnataka Improvement Boards Act, 1976 (Karna-taka Act 11 of 1976), Department of Mines and Geology, the Forest Department, Karnataka Industrial Areas Development Board established under the Karnataka Industrial Areas Development Board Act, 1966 (Karnataka Act 18 of 1966), the Karnataka Small Scale Industries Development Corporation, the Karnataka State Industrial Investment Development Corporation, Karnataka State Electronics Development Corporation, registered as a company under the Companies Act, 1956 (Central Act 1 of 1956), the Karnataka Agricultural Produce Market Committee constituted under the Karnataka Agricultural Produce Marketing (Regulation) Act, 1966
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(d) Where the lease is granted for a rent or fine or premium or money advanced, in addition to the refundable deposit, by whatever name called,-
(i) Where the lease purports to be for a term not exceeding 30 years
(ii) Where the lease purports to be for a term exceeding 30 years
Xx
(Karnataka Act 27 of 1966) and other authorities as may be specified by the Government, shall be payable as the case may be in the folowing manner:-
(a) as per item No. (v) of sub-caluse (a) of clause (1), where by such lease the rent is fixed and no premium is paid.
(b) as per item No. (i) of sub-clause (b) of clause (1) where the lease is granted for a fine or premium or money advanced and where no rent is reserved.
(c) as per item No. (i) of sub-clause (c) of clause (1) where the lease is granted for a fine or premium or money advanced in addition to rent reserved:
Provided also that the duty in respect of an instrument of lease executed in favour of the wife, husband, father, mother, son, daughter, brother or sister in relation to the person shall be rupees one thousand.
One percent on the amount of deposit as set forth in the lease deed in addition to the duty, which would have been payable on such lease as per article 30(a), 30(b) or 30(c) as the case may be
Three percent on the amount of deposit as set forth in the lease deed in addition to the duty payable as per article 30(a), 30(b) or 30(c) as case may be or for an amount equal to the market value of the property whichever is higher.
xx
32A. Licence of immovable or moveable property
That is to say licence granted by owner or authority for rent or fee or by whatever name it is called,
(a)Where by such licence granted for rent or fee or by whatever name it is called
(i) Where the licence purports to be for a term of less than one year
(ii) Where the licence purports to be for a term of not less than one year but not more than five year
(iii) Where the licence purports to be for a term of not less than five years but not exceeding ten years.
(iv) Where the licence purports to be for a term exceeding ten years but not exceeding twenty years.
The same duty as a bond (No.12) for the whole amount payable or deliverable under such licence.
The same duty as a bond (No.12) for the amount or value of the average annual rent or fee or by whatever name called
The same duty as conveyance (No.20) for the amount or value of the average annual rent or fee or by whatever name it is called.
The same duty as a conveyance (No.20) for twice the amount of annual rent or fee or by whatever name it is called.
742
(v) Where the licence purports to be for a term exceeding twenty years but not exceeding thirty years.
(b) Where the licence is granted for a lumpsum amount advanced and where no rent or fee or by whatever name it is called is reserved.
(c) Where the licence is granted for a lumpsum amount advanced in addition to rent or fee or by whatever name it is called.
The same duty as conveyance (No.20) for thrice the average amount of rent or fee or by whatever name is called.
The same duty as conveyance (No.20) for the whole lumpsum amount advanced as setforth in the licence.
The same duty as conveyance (No.20) for the lumpsum amount advanced as setforth in the licence in addition to the duty which would have been payable on such licence, if no lumpsum amount advanced had been paid or delivered.
xx xx
41. xxx
(e) When given for consideration and authorising the attorney to sell any immoveable property
(ea) When given to a promoter or developer by whatever name called for construction, development on, or sale, or transfer (in any manner whatsoever) of, any immovable. Property situated in Karnatak State.
Where the market value of property,-
(1) Does not exceed rupees one crore
(2) Exceeds one crores and does not exceed two crores
(3) Exceeds two crores and does not exceed five crores
(4) Exceeds five crores and does not exceed ten crores
(5) Exceeds ten crores
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45. Release, that is to say, any instrument (not being such a realse as is provided for by section 24) whereby a person renounces a claim upon another person or against any specified property;
(a) where the release is not between the family members. (i) where the release is not for any
(ii) if the release is for consideration
(b) Where the release is between the family members.
Explanation,- family in relation to a person for the purpose of clause (b) means husband, wife, son, daughter, father, mother, brother, sister, wife of a predeceased son and children of a predeceased son or predeceased daughter.
xxx
48 (a) (ii) xxx
Explanation,- For the purpose of this sub-clause family in relation to settler means husband, wife, son daughter, daughter-in-law, brothers, sisters and grand children
xxx
xx
The same duty as a conveyance No.20 for the market value equal of the amount of consideration.
Rs. 10,000/-
Rs. 20,000/-
Rs. 50,000/-
Rs. 1,00,000/-
Rs. 1,50,000/-
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2.5% on the market value of the property, which is the subject matter of release.
50% of the rate applicable to conveyance on the market value of the property which is the subject matter of release.
THE KARNATAKA APPROPRIATION (No.1) BILL, 2009 (L.A. Bill No. 25 of 2009)
A Bill to authorise payment and appropriation of certain further sums from and out of the Consolidated Fund of the State for the services for the financial year 2008-09.
Whereas it is expedient to authorise payment and appropriation of certain further sums from and out of the Consolidated Fund of the State for the services for the financial year 2008-09;
Be it enacted by Karnataka State Legislature in the sixtieth year of the Republic of India as follows:-
746
1. Short title:- This Act may be called the Karnataka Appropriation (No.1) Act, 2009.
2. Issue of Rupees 620744.56 lakhs out of the Consolidated Fund of the State for the Financial year 2008-09:- From and out of the Consolidated Fund of the State, there may be paid and applied sums not exceeding those specified in Column 5 of the Scheduled amount in the aggregate to the sum of Six thousand two hundred and seven crores forty four lakhs and fifty six thousand only towards defraying the several charges which will come in the course of payment during the financial year 2008-09 in respect of the services specified in Column 2 of the Schedule.
3. Appropriation:- The sums authorised to be paid and applied from and out of the Consolidated Fund of the State by this Act shall be appropriated for the services and purposes expressed in the Schedule in relation to the said year.
11 Women & Child Development Revenue 10008.94 --- 10008.94
12 Information, Tourism & Youth Service
Revenue
Capital
1769.80
3399.93
--- 1769.80
3399.93
13 Food and Civil Supplies Revenue 10188.50 --- 10188.50
14 Revenue Revenue
Capital
55034.41
600.00
--- 55034.41
600.00
17 Education Revenue
Capital
12714.55
370.00
--- 12714.55
370.00
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18 Commerce and Industries Revenue
Capital
5598.05
1307.15
--- 5598.05
1307.15
19 Urban Development Revenue
Capital
579.00 --- 579.00
20 Public Works Revenue
Capital
13616.85
106727.56
--- 13616.85
106727.56
21 Water Resources Revenue
Capital
269.56
5668.00
---
---
269.56
5668.00
22 Health & Family Welfare Revenue
Capital
666.44
0.02
--- 666.44
0.02
23 Labour Revenue
Capital
1483.70
300.00
--- 1483.70
300.00
24 Energy Revenue
Capital
135.51
100000.00
--- 135.51
100000.00
25 Kannada and Culture Revenue 1353.72 --- 1353.72
26 Planning, Statistics, Science
& Technology
Revenue
10253.70 --- 10253.70
27 Law Revenue 438.00 438.00
28 Parliamentary Affairs &
Legislation
Revenue
148.16 148.16
TOTAL: Revenue
Capital
347562.60
271496.43
1685.53
349248.13
271496.43
GRAND TOTAL 619059.03 1685.53 620744.56
STATEMENT OF OBJECTS AND REASONS
This Bill is introduced in pursuance of the provisions of Article 205 of the Constitution of India to provide for the appropriation out of the Consolidated Fund of the State towards defraying the several charges which will come in course of payment during the Financial Year 2008-2009.
B.S. YEDDYURAPPA Chief Minister and Minister for Finance
Health and Family Welfare Secretariat NOTIFICATION
No. HFW 94 CGE 2008 Bangalore, Dated 28th February 2009
The draft of the following rules which the Government of Karnataka proposes to make in exercise of the powers conferred by section 26 of the Karnataka Private Medical Establishments Act, 2007 (Karnataka Act 21 of 2007) is hereby published as required by sub-section (1) of the said section, for the information of all persons likely to be affected thereby and notice is hereby given that the said draft will be taken into consideration after thirty days from the date of its publication in the Official Gazette.
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Any objection or suggestion which may be received by the State Government from any person with respect to said draft before the expiry of the period specified above will be considered by the State Government. Objections and suggestions may be addressed to the Secretary to Government, Department of Health and Family Welfare, Vikasa Soudha, Bangalore-560 001.
DRAFT RULES
CHAPTER – 1
PRELIMINARY
1. Title and Commencement.- (1) These rules may be called the Karnataka Private Medical Establishments Rules, 2009.
(2) They shall come into force from the date of their publication in the Official Gazette.
2. Definitions.- (1) In these rules, unless the context otherwise requires,-
(a) ‘Act’ means the Karnataka Private Medical Establishment Act, 2007 (Karnataka Act No. 21 of 2007);
(b) ‘Form’ means, form appended to these rules;
(c) ‘Schedule’ means, unless specifically referred to a Schedule of the Act means a Schedule appended to these rules;
(d) ‘Section’ means section of the Act;
(2) All other words and phrases used in these rules but not defined shall have the same meaning assigned to them in the Act.
CHAPTER – II
CATEGORIES OF PRIVATE MEDICAL ESTABLISHEMENTS
3. Categories of Private Medical Establishments.- (1) For the purpose of determination of Standards and the amount of Registration Fees, private medical establishments based on the system of medicine practiced, shall be categorized as under:-
(a) establishments practicing Allopathic System of Medicine;
(b) establishments practicing Indian System of Medicine;
(c) establishments practicing Homoeopathic System of Medicine; and
(d) Diagnostic Centres and Therapy Establishments not attached to Hospitals.
(2) Establishments practicing Allopathic System of Medicine shall be further classified into the following categories, namely:-
(a) medical Clinics
(b) consultation Centre (Uni-speciality)
(c) polyclinics (Multi-speciality)
(d) dental clinics
(e) nursing Homes
(f) non-Teaching Hospitals and
(g) teaching Hospitals
(3) Establishments practicing Ayurvedic, Unani, Nature Cure Systems of Medicine shall be further classified into the following categories, namely:-
(a) dispensary,
(b) dispensary with Therapy Unit,
(c) dispensary with Day Care Unit with/without Therapy Unit,
(d) polyclinic and
(e) medical/Health Care Units with Inpatient Facility
(4) Establishments practicing Homoeopathic system of medicine shall be further classified into the following categories, namely:-
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(a) out patient department Dispensary/Clinic/Centre without Beds,
(b) polyclinic,
(c) in patient department Day Care Centre/Dispensary/Clinic/Centre providing up to 4 beds,
(d) IPD Hospital/Nursing Home providing more than 4 but less than 15 Beds,
(e) IPD Hospital/Nursing Home providing 15 Beds and above and
(f) multi-system Hospital with Beds.
(5) Diagnostic centres and therapy establishments not attached to Hospitals shall be further classified into the following categories, namely:-
4. Fee for registration and renewal.- (1) The fee payable by the different categories of private medical establishments for Registration and renewal of registration shall be, as specified as hereunder.
(2) In the case of Allopathic private medical establishments, the fee chargeable for registration shall be, as follows:-
(c) Poly clinic/take care centre (Multi-specality) Rs. 5,000
(d) Nursing homes with bed strength of,-
(i) 11 to 30 beds Rs. 15,000
(ii) 31 to 50 beds Rs. 20,000
(iii) 51 to 100 beds Rs. 30,000
(iv) 101 to 500 beds Rs. 50,000
(v) 501 to 1000 beds Rs.1,00,000
(vi) Above 1000 beds Rs.2,00,000
Provided that,-
(i) hospitals run by charitable trusts which are not charging any fees from the patients shall be charged registration fee at ten percent of the fees specified above.
(ii) other hospitals working on no profit basis shall be charged at fifty percent of the above fees.
(iii) the amount of fee for renewal of registration shall be one half of the amount specified above for registration.
(3) In the case of Private medical establishments, practicing Indian system of medicine,-
(a) The fee chargeable for registration shall be, as follows:-
(i) Clinic and dispensary only Rs. 500/-
(ii) Clinical centre, Maternity Home, Nursing Home and Hospitals with ,-
(i) Up to 15 beds Rs. 1,000/-
(ii) 15 to 20 beds Rs. 1,500/-
(iii) 20 beds and above Rs. 2,000/-
(b) The fee chargeable for renewal of registration shall be one-half of the registration fee specified above.
(4) In the case of Diagnostic centres and Therapy establishments, the fee chargeable for registration shall be as follows, namely:-
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(i) For Diagnostic centres with advanced facilities like CT, MRI, Angio etc., Rs. 10,000/-
(ii) For such centre with basic facilities only Rs. 1,000/-
(iii) For Therapy Establishments with basic Laboratory facilities Rs. 1,000/-
(iv) For Therapy Establishments with imaging And/or other advanced
Laboratory facilities Rs. 5,000/-
5. Conditions of registration:- (1) The registration granted under these rules to every Private medical establishment shall be subject to the following conditions, namely:-
(i) Premises shall be located in clean surroundings in a hygienic area.
(ii) Adequate lighting and ventilation shall be ensured within the building and in the premises
(iii) Adequate number of Toilet Rooms, shall be provided, separately for male and female patients.
(iv) Record Room adequate enough for Maintenance of Medical records as per code of Medical Ethics shall be provided.
(v) Standard Bio-Medical Waste Disposal System shall be provided appropriate to the volume and nature of Waste generated
(vi) Accessibility to attending Doctors by Telephone, fax and e-mail through the Establishment shall be ensured to each patient/their attendants.
(vii) CME-compliance mechanism as per the Karnataka Medical Council Act as amended from time to time shall be kept up.
(viii) Qualified and experienced staff appropriate to each field such as medical, diagnostic, therapeutic, observational and other care peculiar to each specialty and in appropriate numbers shall be appointed proportional to the number of patients ordinarily treated in a day.
(ix) Display conspicuously and in a prominent place or places.
(a) The name of the Establishment with names of the owners/managers
(b) Registration certificate issued by the respective State Medical Council
(c) Form of License issued from the Karnataka Private Medical Establishments Board.
(d) System of Medicine practiced and services available
(e) Working hours/timings of each Unit of the Establishment
(f) Charges/Consultation/diagnosis/treatment/reports/ services/other procedures and room rent/bed charges etc. in the form of Chart exhibited at a convenient place or places for.
(g) Printed brochures of the rates and tariff shall be supplied to the patients or their attendants on request.
(h) Names and qualifications of visiting consultants and Doctors employed for diagnosing/advising/treating the patients.
(x) Generate, maintain and document Medical Records of each patient as per rules in force and supply to the patient or his parent/Guardian/Legal Representatives/attendants on request.
(xi) Give proper Discharge Summary to each patient along with the Bill of charges.
(xii) Ensure that every Doctor employed by it would provide First Aid, would attend Medico-Legal Cases promptly and otherwise follow the Code of Medical Ethics, rigidly
(xiii) Inform the Doctors/Consultants on roll and see to it that professional responsibility rests with the Doctor/ Consultant in charge of the patient, and
(xiv) Comply with such other directives issued by the Government or the District Registering Authority.
6. Registration of existing establishments:- (1) Every private medical establishment in existence on the date of commencement of these rules, shall apply for registration in Form-A within 90 days as per the proviso to section 3, from the date of coming into force of the Act, to the Registering Authority alongwith the fees prescribed under rule 4, under acknowledgement and undertake in writing before the Registering Authority ensuring strict compliance by it, of the terms aforesaid, before the registration is granted or within such time being not more than ninety days, as the Registering Authority may after verifying the application with the pre-requisites for registration.
751
(2) No non-medical persons or organizations may set up a private medical establishment or manage a private medical establishment, unless qualified doctors appropriate to the speciality are appointed, for consultation, diagnosis and treatment of patients at such establishment. Such establishments seeking registration shall furnish the names, addresses and professional attainments and also attach photographs of the doctors along with application for registration. The registration certificates of these establishments shall bear the photograph(s) of the Manager and/or owner.
(3) The Registration Certificate shall as far as possible contain a Unique Registration Number and other relevant particulars, in each case.
(4) Where application for registration under these rules is rejected, the provisions of sub-sections (2) and (3) of section 15 shall mutates mutandis apply to such private medical establishments.
7. Registration of new establishments:- (1) Every private medical establishments coming into existence on or after the date of commencement of these rules, shall apply for Registration in Form B, at once and obtain acknowledgement thereto and undertake in writing before the Registering Authority ensuring strict compliance by it, of the terms aforesaid, before the registration is granted.
(2) The Registering Authority shall process the application and grant or reject the registration based on whether or not the conditions of registration specified in the Act and these rules are satisfied and where they are not fulfilled, the Registering Authority may reject the application.
8. Minimum standards of accommodation, equipment and facilities:- (1) Every medical establishments shall conform to the minimum standards of accommodation, equipment and facilities as set out in,-
(a) Schedule A for establishments administering Allopathic System;
(b) Schedule B for establishments administering the Indian System of Medicine;
(c) Schedule C for establishments administering Homeopathic System of Medicine; and
(d) Schedule D for Diagnostic Centres and Therapy Establishments.
9. Staff requirements:- Minimum staff requirements in each category of medical establishments shall be as set out in Schedule E. Notwithstanding anything said in Schedule E it shall be obligatory for private medical establishments in each category to employ Medical, Diagnostic, Therapeutic, Technical and Office Staff that are specific to its needs, namely,-
(i) Duty Doctors, Nurses, Nursing Aids and Ayahs in right proportion to the number of patients.
(ii) Dieticians, Physiotherapists, Radiologists and Pathologists.
(iii) Receptionists and other Patient Service staff.
(iv) Supporting staff like Electrician, Plumber Security, Ambulance Staff, Housekeeping, Public Relation Officer, Kitchen and Canteen Staff
10. Maintenance of Records:- Every medical establishment shall maintain the clinical records in respect of each patient and establishment and follow the UICC.
11. Appeals:- An appeal may be preferred against the orders of the registration authority, with Appellate authority as prescribed under the act within 30 days as stipulated in the act along with a fee equal to 10 % of Fee prescribed for the category.
By Order and in the name of the Governor of Karnataka K.S. SAROJAMMA
Under Secretary to Government Health and Family Welfare Department
SCHEDULE - A (see rule 8)
ALLOPATHIC SYSTEM OF MEDICINE
PART I General Standards
As far as may be appropriate to each category, the following General Standards of Health Care shall be maintained by every Private Medical Establishment:-
(a) Receptionist Counter with adequate and comfortable seating arrangements for the patients shall be provided.
752
(b) Examination Rooms shall have of a minimum area 125 square feet each, with proper partition to secure privacy during examination. Each Examination Room shall be equipped with a torch, tongue depressor, stethoscope, Blood Pressure, Apparatus, Thermometer, Gloves, First Aid equipments, emergency Drugs and Hand wash.
(c) Examination Tables shall be provided with safe foot steps, mattress and pillow. Bed shall be covered with hygienically cleaned bed sheets and other bed-linen.
(d) Record Room adequate enough for Maintenance of Medical records as per code of Medical Ethics
(e) Standard Bio-Medical Waste Disposal System shall be provided appropriate to the volume and nature of Waste generated.
Part II
Specific Standards
1. Consultation Centre (Uni-speciality):- In addition to the requirements of Part I above, each uni-speciality Polyclinic shall ensure that,-
(1) Every Consultation Chamber is set up in an area of at least one hundred and fifty square feet.
(2) Each Chamber is provided with the whole set of testing and diagnostic tools and equipment pertaining to the specialty.
2. Polyclinic (Multi-speciality):- In addition to the requirements of (1) above, every Multi-specialty Polyclinic, shall ensure that,-
(1) Each Consultation Chamber is set up in an area of at least one hundred and fifty square feet.
(2) Basic investigation facilities and equipment pertaining to each specialty is provided in each Chamber.
3. Dental Clinics:- (1) In addition to the requirements of (2) above, every Dental Care Unit shall provide and maintain,-
(a) one hundred square feet of floor area for each Single Chair
(b) Additional Fifty square feet for Receptionist Counter and waiting place for patients.
(c) Dental X-ray Unit.
(d) Emergency Drugs.
(e) Basic instruments required for dental examination, diagnosis and surgery, post-exposure Prophylactic Kit, Sterilizer – Autoclave (mini), B.P. Apparatus and Stethoscope, Disposable Syringes, Gloves and Masks in adequate numbers.
(f) Provide proper Bio-Medical Waste Management system.
(2) The establishment shall also ensure that fabrication of Dentures and other Prosthetics are obtained from a qualified Dental Mechanic from a Certified Laboratory.
4. Day Care Centres:- Each day care centres shall provide and maintain the standards laid down for a ten bedded nursing home.
5. Nursing Homes (1 to 30 beds) and Multi-speciality Polyclinics:- In addition to the requirements of part I above, every Nursing Home with up to 30 bed strength and every multi-speciality polyclinic, shall provide and maintain,-
(a) One consultation room for one specialist consultant, at least at a time.
(b) Operation theatre with 150 – 200 square feet of OT area including scrub area, changing room, Autoclave room, etc., run universal precautions equipped with OT table, Shadow-less Lamp, Suction Apparatus, Pulse Oximeter, ECG Monitor, Boyle’s Apparatus, Oxygen and Nitrous oxide Cylinders, Operation Theatre, Fumigator etc.,
(c) Minor Operation theatre., Labour Room with Autoclave etc., wherever applicable.
(d) Oxygen Therapy Unit, Suction Apparatus
(e) Seventy-five square feet of floor area for each bed with toilet facilities, cot, bed-side locker, mattresses, beds-sheets, cupboard, bed-pan, urinals, back rest, sputum cup, kidney tray, drip stand etc.,
753
(f) Reception Area to be put under a trained receptionist
(g) Ratio of Nurses to patients 1:10
(h) Investigation facilities like X-ray, Laboratory, ECG facilities are desirable.
6. Nursing Homes with 31-50 beds:- In addition to the standards set for (5) above every nursing home with 31-50 beds shall provide and maintain,-
(1) One extra operation theatre and minor operation theatre with equipments.
(2) Investigation facilities like X-Ray, Laboratory, ECG facilities shall be provided.
7. Nursing Homes with 51–100 Beds:- In addition to the standards set for (6) above, each such Nursing Home of this class shall provide and maintain,-
(a) Enhanced floor area for each bed at one hundred square feet to provide for attached bath and attendant amenities.
(b) Adequate store room facility
(c) Full fledged diagnostic facilities
(d) Three major operation theatres and two minor operation theatres with full equipment.
(e) Labour room with total equipment
(f) Intensive care unit with at least 5 beds
(g) Rooms for duty doctors, and nurses
(h) Pharmacy, Canteen & Ambulance are desirable
8. Non Teaching Hospitals with 101–500 Beds:- Every non-teaching Hospital shall conform to the following standards as appropriate to the specialties extended, namely,-
(a) Administrative Office with minimum accommodation of 600 square feet.
(b) Reception room with minimum area of 500 square feet, including Public Telephone, enquiry Office, Visitors waiting place and Toilet facilities.
(c) Central Medical Records Sections with minimum area of 200 square feet.
(d) Store room.
(e) Linen room and lumbar room
(f) Seminar hall with library with minimum area of 150 square feet.
(g) Consultation Rooms with minimum area of 100 square feet per consultant
(h) Floor area per bed with minimum area of 100 square feet
(i) Intensive Care Unit
(j) Intensive Cardiac Care Unit (I.C.C.U.)
(k) Full Fledged Diagnostic facilities
(l) Physiotherapy Unit
(m) Operation theatres at least one major operation theatre for 50 beds and at least one minor operation theatre for 50 beds.
(n) Labour room with total equipment, wherever applicable.
(o) 24 hours Pharmacy
(p) Canteen and Ambulance
(q) Mortuary
(r) Casualty and Emergency Services
(s) Central Sterilization Facilities (CSSD)
(t) Strict compliance with code of Medical Ethics.
9. Teaching Hospitals:- All Teaching Hospitals shall comply with the Standards specified under the Medical Council of India regulations.
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SCHEDULE – B
(See rule 8)
STANDARDS FOR AYURVEDA, UNANI AND NATURE CURE HOSPITALS AND CLINICS
Facility and Equipment:- Table, Chairs, Weighing Machine, Examination table, Washbasin, Dispensing table and place, B.P. Apparatus, Tongue Depressor, Torch light, Knee hammer, Measuring Tape Thermometer and etc.,
2. Dispensary with Therapy Unit
Area:- 300 square feet.
Facility and Equipment:- As per (1) and the following Therapy table, Bathroom, Toilet, Premises may be made according to the Specially like Panchakarma, ENT, Shalya, Shalakya, Bala Roga, Streeroga, prasutltantra and etc.,
3. Dispensary with Day Care Unit but without Therapy
Area:- 300 square feet.
Facility and Equipment:- As per (2) and the following,- Cot, Bedside table, facility bath and toilet.
4. Dispensary with Day Care Unit not with Therapy Unit
Area:- 300 square feet.
Facility and Equipment:- As per (3) and the following,-
Therapy table, Swedana Yantra, Basti Yantra and etc., as the per therapy requirements.
5. Poly Clinic
Area.- 300 square feet. With 60 square feet for each speciality consultation.
Facility and Equipment.- As per (2) above and with space for Dispensing and Reception. Add 60 square feet for each additional bed.
6. Medical Center/Health Center with Inpatient Facility up to 15 beds
Area:- 1000 square feet.
Facility and Equipment:- (a) Inpatient ward-60 square feet bed space for each bed
(b) OPD Examination Room
(c) Therapy Unit
(d) Nurses Room
(e) Doctors Room
(f) Store Room
(g) Bathroom and Toilet
7. Multi System Hospital with beds (Non-Teaching Hospitals)
Facility and Equipment:- As per respective Act prescribed as applicable.
SCHEDULE-C
(see rule 8)
STANDARDS FOR HOMEOPATHIC HOSPITALS, CLINICS ETC
1. OPD Dispensary/Clinic Center without beds
Area:- 80 Square feet
Facility and Equipment:- Doctors Table, Doctors chair, 2 chairs for patients, Examination table (optional), Dispensing place, Waiting place, Wash basin, Access to toilet, with basic equipments and books required for a Homeopathic OPD.
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2. Polyclinic
Area:- 64 square feet each OPD in addition.
Facility and Equipment:- Along with other systems as per the Act as applicable with Common waiting place.
3. IPD-Day Care Center Dispensary/Clinic/Center/with up to 4 beds
Area:- 300 square feet- No permission for over night stay
Facility and Equipment:- In addition to 9(a) attach Toilet.
4. IPD-Hospital/ Nursing Home with up to 15 beds
Area:- 2400 square feet
Facility and Equipment:- OPD as per section (b) with basic equipments and books required for a hospital IPD each bed with spacing of 60 sq ft Attach Toilet for Male and Female patients
Reception Area with waiting place for Patients
Medical Record section
Pharmacy
Stores
Dressing room
Duty Doctor’s room with attached toilet
Duty Nurse’s room with attached toilet
Optional Facilities
Laboratory
Kitchen / Canteen
Medical Diagnostic Equipments with
Ambulance
5. IPD – Hospital/Nursing Home above 15 beds
Facility and Equipment:- Nursing Home Additional space as per (d) above with 1 night duty doctor, and with above 15 beds basic equipments and books required for a hospital.
6. Multi System Hospital with beds
Facility and Equipment:- As per respective Act prescribed as applicable.
7. Teaching Hospitals:- All Teaching Hospitals shall comply with the Standards specified under the Medical Council of India regulations.
SCHEDULE – D [see rule 8]
STANDARDS FOR DIAGNOSTIC CENTRES /THERAPY ESTABLISHMENTS 1. Units:-
Casualty and Emergency Unit
Oxygen therapy
Dental Unit
Operation theatre Unit/Minor OT
IC Unit
Incentive Cardiac Care Unit (ICCU)
Labour Room
Pharmacy
Dressing Room
Stores
Radiology
Physiotherapy
Diagnostic Lab
Mortuary
Seminar Hall with Library
Linen Room and Lumbar Room
Medical Records Sections
Kitchen/Canteen
756
2. Area:-
Surroundings
Consultation Room
Waiting space
OT Area
Privacy space
Reception
Bath Rooms/Toilet
Rest Rooms for Doctors
Rest Room for Nurses
3. Requirements/Equipments:-
Lighting and Ventilation
Accessibility on Phone
Tables/Chairs/Examination Tables/Mattresses
OT Table/Therapy Table
Ambulance
Bio Medical Waste Management cell
SCHEDULE – E
(see rule 9)
STAFF REQUIREMENT
1. Allopathic Hospitals:-
(a) Duty Doctors one at least for every 100 beds.
(b) Nurses Ward Boys and Ayahs
(c) Pharmacists
(d) Dieticians
(e) Supporting staff like Electricians, Plumbers, Security, Store Keepers, Housekeeping and Public Relations Staff and etc.,
2. STANDARDS FOR AYURVEDA, UNANI and etc., HOSPITALS:-
(a) Qualified Doctors – 2 Duty Doctors 1 Day and 1 Night
(b) 1 Dispenser
(c) 2 Nursing assistant
(d) 2 Ward boy/lady
(e) 1 Sweeper
(f) 1 Ayah
(g) 1 Watchman
(h) 1 Cook and
(i) 1 Laundryman
3. STANDARDS FOR HOMEOPATHIC HOSPITALS, CLINICS:-
(1) OPD Dispensary/Clinic/Center without beds.-
(a) Qualified Doctors
(b) Attender
(c) Polyclinic
(d) 1 Qualified and Doctor
(e) 1 Doctor
(f) 1 Attender
(g) 1 Receptionist (Optional)
(2) OPD Day Care Center Dispensary/Clinic/Center with up to 4 beds:-
(a) 1 Qualified Doctor
(b) 1 Attender (Optional)
(c) 1 Receptionist (common)
(3) For Medical Centre/Health Centre with Inpatient Facility:-
(a) 1 Qualified Doctor
(b) 1 Pharmacist
(c) 1+1 Therapists (Male and Female)
(d) 1 Sweeper
757
(4) For non-teaching Hospitals:-
(a) 1+1 Qualified Doctors
(b) 1 Pharmacist
(c) 1+1 Therapists (Male and Female)
(d) 1+1 Attendees (Male and Female)
(e) 1 Sweeper
(5) For Medical Centre/health Centre with Inpatient Facility for more than 15 beds:- As for (2), above and 1 Night Duty Doctor for every 15 additional Beds.
(6) Teaching Hospitals:- All Teaching Hospitals shall comply with the Standards specified under the Medical Council of India regulations.
4. DIAGNOSTIC CENTERS AND THERAPY ESTABLISHMENTS:-
(a) Visiting Consultants
(b) Qualified Doctors
(c) Nurses, Ayas and Ward Boys (male and female)
(d) Nursing Assistants
(e) Dispensers
(f) Therapists
(g) Supporting staff
(h) PRO and House Keeping
(i) Cook/Laundry Men
(j) Sweepers/Scavengers
(k) Security
Form A
(see rule 6(1))
APPLICATION FOR REGISTRATION OF EXISTING MEDICAL ESTABLISHMENT
1. Name of establishment::
2. Address of establishment
3. Category of establishment:
(Sec 5 & 8)
4. Date of starting the establishment:
5. Type of establishment: Proprietory / partnership / Pvt Ltd / Public Ltd /charitable/Other
6. INFRASTRUCTURE:
a) Manpower: 1) Doctors: Consultants/Part time/qualifications
2) Other staff: with details
3) Facilities: i) Radiology
ii) Laboratory
iii) Blood bank
iv) Operation theatre
v) Pharmacy.
7. MANDATORY LICENCES: PC & PNDT etc
8. DEFICIENCIES: & TIME FRAME TO OVERCOME THE SAME
9. CONTACT/LIASION PERSON
10. DETAILS OF FEE PAID: DD no on Bank for Rs.:
Place & date SIGNATURE & DESIGNATION
Form B
APPLICATION FOR REGISTRATION OF NEW MEDICAL ESTABLISHMENT
1. Name of establishment::
2. Address of establishment
3. Category of establishment:
(Sec 5 & 8)
4. Proposed Date of starting the establishment:
5. Type of establishment: Proprietory / partnership / Pvt Ltd / Public Ltd /charitable/Other
No. FD 4 PES 2009, Bangalore, dated 28th February 2009
The draft of the following rules further to amend the Karnataka Excise (Excise Duties and Fees) Rules, 1968, which the Government of Karnataka propose to make in exercise of the powers conferred by section 71 of the Karnataka Excise Act, 1965 (Karnataka Act 21 of 1966) is hereby published as required by sub-section (1) read with sub section (3) of the said section for the information of all persons likely to be affected thereby and notice is hereby given that the said draft will be taken up for consideration after fifteen days from the date of its publication in the official Gazette.
Any objection or suggestion which may be received by the State Government from any person in respect of the said draft before the expiry of the period specified above will be considered by the State Government. The objections or suggestions may be addressed to the Principal Secretary to Government, Finance Department, Vidhana Soudha, Bangalore-01.
759
DRAFT RULES
1. Title and commencement:- (1) These rules may be called the Karnataka Excise (Excise Duties and Fees) (Amendment) Rules, 2009.
(2) They shall come into force with effect from the fifth day of March, 2009.
2. Amendment of Schedule D: In Schedule “D” to the Karnataka Excise (Excise Duties and Fees) Rules, 1968,-
(i) for Serial Number I and entries relating thereto, the following shall be substituted, namely:-
“
Sl.
No.
Name of the Article
Declared price Range per case
containing 8.64/9/12 bulk litres of liquor
Rate of Additional Excise Duty /Additional Countervailing Duty per BL of 25°°°° UP
I Brandy, Whisky, Gin, Rum and such other liquors, but not including Beer, Wine, Toddy and Fenny
From
To
(1) Manufactured in Karnataka and when issued to a Distributor Licensee or a Wholesale Licensee under the Karnataka Excise (Sale of Indian Made Foreign Liquor) Rules, 1968 for the purpose of sale within Karnataka but excluding the liquor issued to a licensee holding Military Canteen Licence, Military Canteen Stores Bonded Warehouse Licence or Border Security Force or Para military forces Licences; or
(2) Manufactured in other States in India and when imported into Karnataka State by a Distributor licensee.
Manufactured in Karnataka,-
1. (i) when issued to a licensee holding Military Canteen Licence, Military Canteen Stores Bonded Warehouse Licence or Border Security Force or Para military forces Licences; or
(ii) When issued for export to licensees outside Karnataka but within India by way of sale or stock transfer; or
2. Manufactured in other States in India and when imported into Karnataka by a Licensee holding the Military Canteen Stores Bonded Warehouse licence.
Rs.Ps. Rs. Ps. Rs. Ps. Rs. Ps.
01 275-00 324-00 72-00 1.00
02 325-00 374-00 93-00 1.25
03 375-00 424-00 117-00 1.45
04 425-00 474-00 153-00 1.75
05 475-00 574-00 168-00 1.95
06 575-00 674-00 189-00 2.25
07 675-00 774-00 200-00 2.35
08 775-00 874-00 216-00 2.50
09 875-00 974-00 227-00 2.60
10 975-00 1074-00 243-00 2.75
11 1075-00 1174-00 254-00 2.85
12 1175-00 1274-00 270-00 3.00
13 1275-00 1674-00 291-00 3.10
760
14 1675-00 2074-00 324-00 3.25
15 2075-00 4799-00 356-00 3.35
16 4800-00 7525-00 405-00 3.50
17 7526-00 above Rs.540.00 or 6 per cent of the declared price per case, whichever is higher, per bulk litre.
3.70
”
(ii) In Serial Number II, for items 1 and 2, and entries relating thereto, the following shall be substituted, namely:-
“
1 125-00 (in case of 330
ml bottles)
Above 100 percent of the declared price 2-00
2 140-00 Above 100 percent of the declared price 2-00
”
(iii) In Serial Number III, for items 1, 2 and 3, and entries relating thereto, the following shall be substituted, namely:-
“
1 00-00 15-00 0.40
2 16-00 20-00 0.45
3 21-00 25-00
90 percent of the declared price
0.50
”
(iv) In Serial Number VII, for items 1and 2 and entries relating thereto, the following shall be substituted, namely:-
“
1 00-00 450-00 100 percent of the declared price 0.45
2 451-00 above 100 percent of the declared price 0.50
”
By Order and in the name of the Governor of Karnataka, B.N. JAGADEESH
Under Secretary to Government, Finance Department (Excise)
In exercise of the powers conferred by section 18A of the Karnataka Transparency in Public Procurement (Amendment) Act 2007, Government of Karnataka hereby notifies, the implementation of e-Procurement through a single unified platform, for all procurements valued Rs. 10.00 lakhs and above in Mysore city Corporation with effect from 01
st March 2009.
By order and in the name of the Governor of Karnataka, Vipin Singh
Deputy Secretary(I/c), e-Governance Department of Personnel and Administration Reforms (AR)
In exercise of the powers conferred by section 18A of the Karnataka Transparency in Public Procurement (Amendment) Act 2007, Government of Karnataka hereby notifies, the implementation of e-Procurement through a single unified platform, for all procurements valued Rs. 10.00 lakhs and above in Bangalore Development Authority with effect from 01
st March 2009.
By order and in the name of the Governor of Karnataka, Vipin Singh
Deputy Secretary (I/c), e-Governance Department of Personnel and Administration Reforms (AR)
The following Order made by the Governor is hereby published for general information:-
“ ORDER - II
In exercise of the powers conferred upon me by sub-clause (a) of clause (2) of Article 174 of the Constitution of India, I, Rameshwar Thakur, Governor of Karnataka do hereby prorogue the Karnataka Legislative Assembly.
RAMESHWAR THAKUR Governor of Karnataka"
By order and in the name of the Governor of Karnataka,
G.K.BOREGOWDA Secretary to Government
Department of Parliamentary Affairs and Legislation
The following Order made by the Governor is hereby published for general information:-
“ ORDER-I
In exercise of the powers conferred upon me by sub-clause (a) of clause (2) of Article 174 of the Constitution of India, I, Rameshwar Thakur, Governor of Karnataka do hereby prorogue the Karnataka Legislative Council.
RAMESHWAR THAKUR Governor of Karnataka"
By order and in the name of the Governor of Karnataka,
G.K.BOREGOWDA Secretary to Government
Department of Parliamentary Affairs and Legislation