+ RNTNo. KARBIL/2001/47147 Shere Tens, SdesaoN Weeseead aeled Deas BS URBAN DEVELOPMENT SECRETARIAT DRAFT NOTIFICATION NO. UDD 1107 MNU 2015, Bengaluru, Dated : 27.11.2018 WHEREAS, Section 321-B was inserted by Act 1/2007, wherein it was directed that the jurisdictional officer who is proved to have failed to prevent unauthorized deviation or construction that have taken place in his jurisdiction shall be liable for such punishment as may be prescribed. WHEREAS, deviations and unauthorized constructions may not complete in a day or two. It may complete or may not complete during the tenure of a particular jurisdictional officer. Right from digging of the earth till obtaining of occupancy certificate, etc., there could be number of jurisdictional officers. ‘The punishment has been prescribed keeping in view of the contribution of default of each jurisdictional officer incharge. ‘Therefore, punishments for various offences under Chapter XV of the Karnataka Municipal Corporations Act,1976 and under the Building Bye-laws, 2003 which has to be prescribed under Section 321-B of K.M.C. Act, 1976 have been listed as below, for the information of all the persons likely to be affected thereby. Notice is hereby given that the said draft will be taken into consideration and finalized after thirty days from the date of its publication in the Official Gazette. Any objections or suggestions which may be received from any person, with respect to the draft notification before the expiry of the period specified above will be taken up for consideration by the State Government and finalized. Objections or suggestions may be addressed to the Addl. Chief Secretary to Government, Urban Development Department, Room No.436, 4 Floor, Vikasa Soudha, Dr.B.R.Ambedkar Veedhi, Bengaluru-560 001. ‘sx | Violation of Ny, | the Section/ Nature of the offence Punishment/Penalty ? Byelaw o1 02 03 04, o1 295(5) | Piece of land used as a site for the| Simple imprisonment for a construction of a building OR building| term which may extend to constructed or reconstructed otherwise | two years and fine upto than in accordance with the provisions of| Rs.50,000/- in default of KMC Act 1976 and of any Rules or Bye-| payment of fine, SI for a laws made there under. period three months. 02 296(1) | Failure to give public notice as required] Fine of Rs.5000/-, i/d to u/s 296(1) undergo for SI for 10 days.Violation of the Section/ Byelaw Nature of the offence Punishment/Penalty o1 02 03 04 03. 396(2) Receiving of objections to such declaration after a period of three months from the publication of such notice. Fine of Rs.5000/-, i/d to undergo for SI for 10 days. 04. 296(3) Non consideration of objections received within stipulated period / and non confirmation of the declaration with or without modification. Fine of Rs.5000/-, i/d to undergo for SI for 10 days. 05. 296(4) Failure to publish any declaration so confirmed, Fine of Rs.5000/-, i/d to undergo for SI for 10 days. 06. 29615) Construction or reconstruction of any building in contravention of such declaration by owner or occupier, as the case may be OR allowing such construction or reconstruction of any building in contravention of such declaration. Simple imprisonment for a term which may extend to two years and fine upto Rs.50,000/- in default of payment of fine, SI for a period three months. 07. 298(1) Construction of external roof, pendal or wall of a building and construction or reconstruction of shed or fence of cloth, grass, leaves, mats or other inflammable materials, without permission or such retention. Simple imprisonment for a term which may extend to two years’ and fine upto Rs.50,000/- in default of payment of fine, SI for a period three months. 08, 300 Construction or reconstruction of a building without the permission of the Commissioner. Simple imprisonment for a term which may extend to two years and fine upto Rs.50,000/- in default of payment of fine, SI for a period three months. 09 301 (1) & (2) Failure to consider and dispose of an application for permission filed u/s 299, within the stipulated time. Fine of Rs.2000/-, i/d to undergo for SI for 2 days. 10 302(1) Failure to considered and dispose of an application for permission filed u/s 301(1) & (2), within the stipulated time. Fine of Rs.2000/-, i/d to undergo for SI for 2 days. 11 302(2) Execution of the work in contravention of the provisions of the Act or any Rules or Bye-laws. Fine of Rs.2000/-, i/d to undergo for SI for 2 days, 12 303(1) Intentional refusal of an approval of site for the construction or reconstruction of a building or permission to construct or reconstruct a building illegally. Simple imprisonment for a term which may extend to one year and fine upto Rs.25,000/- in default of| payment of fine, SI for a period one month. 13 303(2) Intentional refusal of a approval of site for the construction or reconstruction of a building or permission to construct or reconstruct a building illegally, without giving reasons specifically for such rejection. Simple imprisonment for a term which may extend to one year and fine upto Rs.25,000/- in default of payment of fine, St for a period one month,si | Violation of No, | the Section/ Nature of the offence Punishment/Penalty 0. |" Byelaw o1 02 03 04 14. 304 According permission for construction or| Fine of Rs.5000/-, i/d to for any addition to any building of public | undergo for SI for 10 days. entertain- ment, in violation of Sec 304. 1s 307 Failure to inspect the building during the| Fine of Rs.5000/-, i/d to construction or reconstruction within the| undergo for SI for 10 days. stipulated time. 16 308(1) | Failure to issue show-cause notice as and| Fine of Rs.5000/-, i/d to where required to be issued. undergo for SI for 10 days. 17 308(3) | Failure to act on the show-cause shown by| Fine of Rs.5000/-, i/d to the owner. undergo for SI for 10 days. 18 309 Failure to stop the construction or| Simple imprisonment for a reconstruction of any building if the work| term which may extend to in progress endangers human life. two years and fine upto Rs.50,000/- in default of payment of fine, SI for a period three months, 19 | 310(1) & (1A) | Failure to apply in writing for completion | Fine of Rs.2000/-, i/d to certificate and to for permission to occupy | undergo for SI for 2 days. or use the building, 20 | 310(1) & (1A) | Not permitting the Commissioner to inspect | Fine of Rs.2000/-, i/d to the building or of such work, inspite of| undergo for SI for 2 days. application u/s 310(1) 21 310(2) | Occupying or according permission to| Simple imprisonment for a occupy any building or part of the building| term which may extend to or use or permit’ to be used without] two years and fine upto permission and without notice of | Rs.50,000/- in default of completion. payment of fine, SI for a period three months. 22 314 Construction or reconstruction of a hut] Simple imprisonment for a without application seeking permission. | term which may extend to two years and fine upto Rs.50,000/- in default of| payment of fine, SI for a Period three months. 23 315 Failure to grant or refuse to grant| Fine of Rs.5000/-, i/d to permission to execute the work, sought to | undergo for SI for 10 days. be executed by filing application u/s 313. 24 316(2) | Construction or reconstruction of hut in| Simple imprisonment for a contravention of the provisions of the Act,| term which may extend to or Rules or Bye-laws. two years and fine upto Rs.50,000/- in default of payment of fine, SI for a period three months. 25 317(1) | Intentional refusal of the permission to| Simple imprisonment for a construct or to reconstruct of a hut. illegally. term which may extend to two years and fine upto Rs.50,000/- in default of payment of fine, SI for a period three months.Violation of Ay | the Section/ Nature of the offence Punishment/Penalty : Byelaw on 02 03 4 26 | 31712) | Intentional refusal of the construction or| Simple imprisonment for a reconstruction of a hut or permission to| term which may extend to construct or reconstruct @ hut illegally,| two years and fine upto without giving reasons specifically for such | Rs.50,000/- in default of rejection, payment of fine, SI for a period three months. 27 318 | Construction or reconstruction of any hut| Simple imprisonment for a of lapse of six months, in the absence of| term which may extend to fresh application is being filed and fresh| two years and fine upto permission Rs.50,000/- in default of being granted. payment of fine, SI for a period three months. 28 319 | Failure to keep the external part of the wall] Fine of Rs.5000/-, i/d to in proper repair undergo for SI for 10 days 29 321 | Failure to take action in demolishing of a| Simple imprisonment for a building unlawfully commenced or | term which may extend to completed. two years and fine upto Rs.50,000/- in default of payment of fine, SI for a period three months. 30 | aii) | Failure to issue and service of | Simple imprisonment for a provisional order on the owner or occupier. | term which may extend to two years and fine upto Rs.50,000/- in default of payment of fine, SI for a period three months. 31 | 321) | Failure to consider show-cause submitted | Fine of Rs.5000/-, i/d to by the owner or occupier undergo for SI for 10 days. 32 | 821) | Failure to issue and service of order of| Simple imprisonment for a confirmation on the owner or occupier | term which may extend to two years and fine upto Rs.50,000/- in default of payment of fine, SI for a period three months. 33 | 321(4) _| Failure to take action u/s 321(4) Fine of Rs.5000/-, i/d to undergo for SI for 10 days. 34 | SQiA(l) (2) | legal regularization of unlawful buildings | Simple imprisonment for a term which may extend to one year and fine upto Rs.25,000/- in default of payment of fine, SI for a period one month. 35 | 321A(4) _ | Failure to maintain separate fund Fine of Rs.2000/-, i/d to undergo for SI for 2 days. 36 3218 | Prevailing on an officer lawfully dealing an| Simple imprisonment for a issue under Chapter ~ XV and under Part- Il of Building Bye-laws, to do illegally by employing legal means. term which may extend to two years and fine upto Rs.50,000/- in default of| payment of fine, SI for a period three months.Violation of al AE | the Section/ Nature of the offence Punishment/Penalty io. | Byelaw 01 o2 03 04 37 | Bye-law No.4 | Illegally granting license or illegally refusing| Fine of Rs.2000/., id to to grant license. undergo for SI for 2 days. 38 | Bye-law | Tegal refund of security deposit. Fine of Rs.5000/-, i/d to No.4.1.5(2) undergo for SI for 10 days. 39 | Byelaw | Failure of the owner in discharging the| Simple imprisonment for a No.5.1 | responsibility in the matter of execution of| term which may extend to the building plan, as per the plan| two years and fine upto sanctioned. Rs.50,000/- in default of| payment of fine, SI for a period three months. 40 | Bye-law | Failure of the owner in giving intimation | Simple imprisonment for a No.5.2()) | inspite of the work started, within a period | term which may extend to of two years and failure of the owner in| two years and fine upto giving intimation on completion of the| Rs.50,000/- in default of foundation or footing of the walls/columns. | payment of fine, SI for a Period three months. 41 | Byelaw | Commencement of the work after the| Simple imprisonment for a No.5.2.(ii) | expiry of the two years, without obtaining| term which may extend to fresh license. two years and fine upto Rs.50,000/- in default of payment of fine, SI for a period three months. 42 | Bye-law | Failure of holding inspections as and when| Fine of Rs.5000/-, i/d to No.5.3(i) | necessary. undergo for SI for 10 days. 43 | Bye-law | Failure to issue commencement certificate | Fine of Rs.2000/-, i/d to No.5.3{iii) | within a period of fifteen days from the date | undergo for SI for 2 days. of intimation. 44 | Bye-law | Failure to keep the documents at site| Fine of Rs.5000/-, i/d to No.5.4_ | during the construction, undergo for SI for 10 days. 45 | Byelaw | Failure to display to sanctioned and the| Fine of Rs.S000/-, i/d to No.5.5 + | license at the construction site, by the| undergo for SI for 10 days. owner/builder/contractor 46 | Byelaw [Failure to inspect the building after| Fine of Rs.5000/-, i/d to No.5.6 | construction, on receipt of the intimation | undergo for SI for 10 days. and failure in issuing occupancy certificate, when the building is complete legally in all respect, as per the plan sanctioned. 47 | Byelaw | Occupying building or permitting to occupy | Fine of Rs.10,000/-, i/d to No.5.7 | the building or letting of the new building| undergo for SI for 20 days. in the absence of occupancy certificate. 48 | Bye-law No.6 | According permission to compound the| Simple imprisonment for a deviations / violations even beyond 5% . term which may extend to one year and fine upto Rs.25,000/- in default of| payment of fine, SI for a period one month,6 SL Violation of No, | the Section/ Nature of the offence Punishment/Penalty 2 ‘Byelaw o1 02 03 04 49 | Bye-law No.6 | Permitting without valid reasons to| Fine of Rs.10,000/-, i/d to continue deviation/violations, —_when| undergo for SI for 20 days demolition under Chapter — XV of the Act is not feasible without affecting structural ability. 50 | Bye-law | Permitting piece of the land to be used as a| Fine of Rs.2000/-, i/d to No.7.1 site for the construction of the building in | undergo for SI for 2 days. violation of Bye-law No.7.1 51 | Byc-law | Failure to keep the distance of building| Fine of Rs.10,000/-, i/d to No.7.4 from electrical lines. undergo for SI for 20 days. 52 | Bye-law No.8 | Violation of means of access. Fine of Rs.10,000/-, ifd to undergo for SI for 20 days. By order and in the name of the Governor of Karnataka (1LN.PRABHAKAR) Under Secretary to Government, Urban Development Department (BBMP) eoro ngimend, seas Hi Gow, Dorkdaed (87) ork: 600