LexThe KARNATAKA HOUSING BOARD ACT, 1962.
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THE KARNATAKA HOUSING BOARD ACT, 1962
ARRANGEMENT OF SECTIONS
1.
Statement of Objects and Reasons:
Sections:
CHAPTER I
PRELIMINARY
Short title, extent and commencement.
2.
CHAPTER II
ESTABLISHMENT OF THE BOARD
Definitions.
3. Constitution of the Board.
4. Leave of absence of Chairman.
5. Disqualification for appointment on Board.
6. Term of office and conditions of service.
7. Vacancy of a member.
8. Vacancy to be filled as early as practicable.
9. Proceedings presumed to be good and valid.
10.
10A.
Appointment and powers of Housing Commissioner, Chief Engineer and
Secretary.
Officers and servants of the Board.
11.
General disqualification of all officers and servants.
12. Appointment of committees.
13. Meetings of the Board.
14. Power to make contracts.
15. Execution of contracts.
16.
CHAPTER III
HOUSING SCHEMES AND LAND DEVELOPMENT SCHEMES.
Delegation.
17.
Duty of Board to undertake housing schemes land development schemes, infrastructure
development, building construction schemes, schemes under joint venture or public private
partnership.
18. Matter to be provided for by housing schemes.
18A.
19.
Matters to be provided for by land development schemes.
20.
Preparation and submission of annual housing programme and land development
programme, budget and establishment schedule.
Sanction to programme budget.
21. Publication of sanctioned programme.
22. Supplementary programme and budget.
23. Variation of programme by Board after it is sanctioned.
24. Sanctioned housing schemes and land development schemes to be executed.
25. Transfer to the Board for purposes of housing scheme or land development scheme of
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[Act 10 of 1963]
land vested in a corporation, a municipal council or a Mandal panchayat.
26. Compensation in respect of land vested in the Board.
27. Power of Board to turn or close public street 1[or divert nala]1 vested in it.
28. Reference to Tribunal in case of dispute under section 26 or section 27.
29.
Vesting in the corporation, municipal council, municipal committee or other municipal body ,
town panchayat or Grama panchayat or Mandal panchayat of streets laid out or altered and
open space provided by the Board under housing scheme or land development scheme.
30. Other duties of the Board.
31. Reconstitution of plots.
32. Schemes entrusted to Board by Government, etc.
32A.
33.
Board and the Housing Commissioner to exercise powers and functions under the
Karnataka Acts 22 of 1964, 14 of 1977 and 20 of 1985.
CHAPTER IV
ACQUISITION AND DISPOSAL OF LAND
Power to purchase land, lease, exchange or procuring by agreement.
34. Betterment charges.
35. Notice to persons liable for betterment charges.
36. Agreement for payment of betterment charges.
37. Recovery of betterment charges.
38. Power to dispose of land.
39.
CHAPTER V
TRIBUNAL
Disputes regarding reconstitution of plots.
40. Tribunal.
41. Duties of the Tribunal.
42. Powers of and procedure before Tribunal.
43. Decision of Tribunal to be final.
44.
CHAPTER VI
POWERS TO EVICT PERSONS FROM BOARD PREMISES
Appeal to the High Court.
45. Power to evict certain persons from Board premises.
46.
47.
Power to recover rent, damages, instalments of loan or other dues as arrears of land
revenue.
Rent to be recovered by deductions from salary or wages in certain cases.
48. Appeal.
49.
CHAPTER VII
FINANCE, ACCOUNTS AND AUDIT
Finality of orders.
50. Board’s fund.
51. Application of the fund.
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[Act 10 of 1963]
52. Expenditure in case of urgency, etc.
53. Subventions and loans to the Board.
54. Power of Board to borrow.
54A.
54B.
Mode of repaying loan.
55.
Establishment of a sinking fund.
Account and audit.
56.
CHAPTER VIII
LABOUR HOUSING
Concurrent and special audits of accounts.
57. Interpretation.
58. Duty of the Board to undertake labour housing schemes.
59. Provisions regarding housing accommodation.
60. Housing accommodation to be in good habitable condition.
61. Duty of the Board to inspect working class houses.
62. Powers of the Board in respect of houses occupied by working class people.
63. Power of the Board to acquire insanitary houses, etc.
64. Compensation for house unfit for human habitation.
65. Maintenance of public streets by the Board.
66. Conditions relating to housing accommodation provided by employers.
67.
68.
Conditions relating to housing accommodation provided by employers after
commencement of Act.
CHAPTER IX
MISCELLANEOUS
Rent payable by employer recoverable as arrear of land revenue.
69. Reports.
70. Other statements and returns.
70A. Housing Commissioner to furnish returns and reports etc., to the State Government .
70B. Power of Board to require returns, reports, production of documents, etc .
71. Power of entry.
72. Notice of suit against Board.
73. Triennial valuation of assets and liabilities of the Board.
74. Power to make rules.
75. Rules and Notifications to be laid before the State Legislature.
76.
76A.
Regulations.
Power of the Board to make bulk allotment.-
77. Power to make bye-laws.
78. Penalty for contravention of bye-laws.
79. Penalty for obstructing, etc.
80. Authority for prosecution.
81. Certain persons to be public servants.
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[Act 10 of 1963]
82. Protection of action taken under this Act.
83. Removal of doubt regarding non-applicability of the Karnataka Rent Control Act, 1961.
84. Government’s power to give directions to Board.
85. Omitted.
86. Default in performance of duty.
87. Dissolution of the Board.
87A.
88.
Control by the State Government.
Removal of difficulties.
89.
* * * *
STATEMENT OF OBJECTS AND REASONS
I
Act 10 of 1963. —The Mysore Housing Board Act, 1955 and the Mysore Labour Housing Act,
1949, are in force in the Mysore Area; and the Bombay Housing Board Act; 1948, is in force in
the Bombay Area. The Hyderabad Housing Board Act, 1956 has been enacted by the Hyderabad
Legislature, but has not been brought into force in the Hyderabad Area. There is no such
legislation in the Madras Area and the Coorg District.
The jurisdiction and activities of the Mysore Housing Board are now confined to the Mysore
Area only and the housing activities of the other integrated areas are being looked after by a
Special Off icer appointed by Government. With a view to bringing the entire State under the
purview of one uniform law this Bill is proposed. It is expected that by this measure, the difficulties
now felt in the successful implementation of the housing schemes in the entire State would be
overcome.
(Published in Karnataka Gazette (Extraordinary) Part IV -2A dated 23.8.1962 at page. 661-
662)
II
Amending Act 10 of 1974. —In order to ensure better implementation of Karnataka Housing
Board Act, 1962, it was considered necessary to amend the Act, providing that—
Repeal and savings.
(i) the number of members of the Board be increased to 15 from 12,
(ii) the Chairman and other members shall hold office during the pleasure of the State
Government instead of for three years;
(iii) the Housing Commissioner a Chief Engineer and a Secretary be appointed by the State
Government instead of by the Board and the Housing Commissioner be invested with the powers
of a Major Head of Department;
(iv) the State Government may authorise the delegati on by the Housing Commissioner to such
person or class of persons specified in a notification of any powers conferred or duties imposed
upon him by or under the Act;
(v) investing revisional powers with the State Government in respect of certain matters.
A Bill for some of the purposes was introduced in the Assembly. The Bill was not taken up for
consideration by the House. As the Assembly only was in session and as it was considered
necessary to take immediate action an Ordinance was promulgated on 3rd November 1973
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[Act 10 of 1963]
incorporating the provisions of the Bill with certain modifications.
The Bill seeks to replace the Ordinance.
(Published in Karnataka Gazette (Extraordinary) Part IV -2A dated 4th March, 1974 as No. 443
at page 9.)
III
Amending Act 8 of 1988.—It is considered necessary to amend the Karnataka Housing
Board Act, 1962 to provide for the following;
(i) To frame land development schemes and to implement the said schemes.
(ii) The Board at present consists of a Chairman and fifteen other members to be appointed
by the Government. Sine it is felt necessary to have a change in the composition of the Board it is
proposed to have a Chairman appointed by the Government and twelve other members, of whom
seven are official members, and five non-official members appointed by the Government.
(iii) To delegate powers of the Board to the Housing Commissioner or other officers of the
Board.
(iv) At present the Local authorities like the Municipal Corporations, City or Town Municipal
Councils or Mandal panchayats are not evincing interest in providing basic civic amenities like
street light, water supply, etc., in the areas where the Board has cons tructed houses and the
Board is forced to provide such amenities with the fund available with it. It is, therefore,
considered necessary to provide for exercising certain powers under the Karnataka Municipalities
Act, 1964, Karnataka Municipal Corporations Act, 1976 and the Karnataka Zilla Parishads, Taluk
Panchayat Samithis, Mandal Panchayats and Nyaya Panchayats Act, 1983 by the Board and the
Housing Commissioner.
(v) To enhance the financial powers of the Board and the Commissioner.
(vi) To evict from Board premises the persons who have failed to pay the instalments of loan
due to the Board.
(viii) To enable the Board to borrow money to carry out the purposes of the Act and also to
mortgage by way of security of its properties for loans so borrowed.
(ix) To establish a sinking fund to repay the loan borrowed by the Board.
Opportunity is also taken to make certain consequential
changes. Hence the Bill.
(Published in Karnataka Gazette (Extraordinary) Part IV -2A dated 5th February, 1988 as No.
74 at page. 13).
IV
Amending Act 13 of 1999. - It is considered necessary to amend the Karnataka Housing
Board, 1962 to provide for thirty per cent representation to women among the nominated
members of the Karnataka Housing Board.
Hence the Bill.
(Published in the Karnataka Gazette (Extraordinary) Part IV-2A dated 31st March 1999 as No
298) (Notification No.LGA/BLA/19/1999 dated 31.03.1999).
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[Act 10 of 1963]
V
Amending Act 24 of 2016. - It is considered necessary to amend Karnataka Housing
Board Act, 1962 (Karnataka Act 10 of 1963) to,-
1. reconstitute the Board;
2. empowers the Board to discharge Local Authority functions till handing over of the
layout developed by it and to collect maintenance and other charges in such lay -out;
3. substitute the Right to Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013 instead of Land Acquisition Act, 1894;
4. substitute the words "Town Board, Sanitary Board and Mandal Panchayat" with the
words "Town Panchayats and Gram Panchayat;"
5. empower the Board to take up public private partnership Housing Schemes;
6. enhance the powers of the Board to take up projects from fifty lakhs to two hundred
and fifty lakhs;
7. empower the Board for making bulk allotment of houses, sites or flats developed by it
to the State Government, Central Government, any Corporation, Body, organisation
owned or controlled by the State Government or Central Government; and
8. Certain consequential or incidental amendments are also made.
Hence the Bill.
[L.A. Bill No. 24 of 2016, File No. Samvyashae 11 Shasana 2016]
[Entries 5,18 and 32 of List II of the Seventh Schedule to the Constitution of India]
* * *
7
[Act 10 of 1963]
1[KARNATAKA]1 ACT No. 10 OF 1963
(First published in the 1[Karnataka Gazette]1 on the Twenty-first day of March, 1963.)
THE 1[KARNATAKA]1 HOUSING BOARD ACT, 1962.
(Received the assent of the President on the Ninth day of March, 1963.)
(As amended by Karnataka Acts 10 of 1974, 8 of 1988 13 of 1999 and 24 of 2016.)
2[An Act to provide for quality and affordable housing accommodation to all sections
of the society.
Whereas it is expedient to provide for quality and affordable housing accommodation
to all sections of the society with special emphasis to economically weaker sections and
to adopt sustainable, equitable and eco -friendly design and construction techniques and
with that object in view it is necessary to establish a Board for the State of Karnataka
and to make certain other provisions;]
2
BE it enacted by the 1[Karnataka State] 1 Legislature in the Thirteenth Year of the
Republic of India as follows:—
1. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 01.11.1973.
2. Substituted by Act 24 of 2016 w.e.f. 28.07.2016.
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.— (1) This Act may be called the 1[Karnataka]1 Housing Board Act, 1962.
1. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 01.11.1973.
(2) It extends to the whole of the 1[State of Karnataka]1.
1. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 01.11.1973.
(3) It shall come into force on such 1[date]1 as the State Government may, by
notification, appoint.
1. The Act has come into force by notification w.e.f. 27.1.1965. Text of the notification is at the end of
the Act.
2. Definitions.—In this Act, unless the context otherwise requires, —
(a) “Board” means the Housing Board constituted under section 3;
(b) “Board premises” means any premises belonging to or vesting in the Board or
taken on lease by the Board or entrusted to the Board under this Act for management
and use for the purpose of this Act;
(c) “building materials” means such commodities or articles as are specified by the
State Government by notification to be building materials for the purposes of this Act;
(d) “bye-laws” means bye-laws made under section 77;
(e) “Chairman” means the Chairman of the Board;
(f) “competent authority” means any person authorised by the State Government, by
notification to perform the functions of the competent authority under Chapter VI for such
area as may be specified in the notification;
(g) ‘Corporation’ means a Municipal Corporation established under any law for the
time being in force in the State; 1[(g-1) ‘District’, ‘District Court’ and ‘District Judge’ respectively mean in the case of the
Bangalore Metropolitan area, ‘the City of Bangalore’, ‘the City Civil Court and ‘a Judge’
as defined in the Bangalore City Civil Court Act, 1979 (Karnataka Act 13 of 1980);]1
1. Inserted by Act 8 of 1988 w.e.f. 1.5.1988.
8
[Act 10 of 1963]
1[(g-2)] ‘Housing Commissioner’ means the officer appointed under section 10;]1
1. Inserted by Act 10 of 1974 w.e.f. 3.11.1973 & re- numbered by Act 8 of 1988 w.e.f. 01.05.1988 by
notification. Text of the notification is at the end of the Act.
(h) “housing scheme” means a housing scheme under this Act;
1[(h-1) "Joint Venture Projects" means, projects taken up by Local bodies or Private
parties and the Board jointly, subject to such terms and conditions as may be
prescribed.]1
1. Inserted by Act 24 of 2016 w.e.f. 28.07.2016.
(i) “land” includes benefits to arise out of land and things attached to the earth or
permanently fastened to anything attached to the earth; 1[(i-1) ‘land development scheme’ means a scheme framed under this Act for the
purpose of providing house sites in any area;]1
1. Inserted by Act 8 of 1988 w.e.f. 1.5.1988.
(j) “member” means a member of the Board;
(k) “notification” means a notification published in the official Gazette;
(l) “premises” means any building or part of a building and includes,—
(i) gardens, grounds and out-houses, if any, appertaining to such building or part
of a building, and
(ii) any fittings affixed to such building or part of a building for the more beneficial
enjoyment thereof;
(m) “prescribed” means prescribed by rules;
(n) “programme” means the annual housing programme 1[and land development
programme]1 prepared by the Board under section 19;
2[(n-1) "Public Private Partnership projects" means a project on a specific term of
contract between a private party and the Board for providing a public asset or service
subject to such norms as may be prescribed.]2
1. Inserted by Act 8 of 1988 w.e.f. 1.5.1988.
2. Inserted by Act 24 of 2016 w.e.f. 28.07.2016.
(o) “regulations” means regulations made under section 76;
(p) “rent” means the amount payable to the Board in respect of the occupation of a
Board premises 1[but excludes]1 the charges for water and electricity payable in respect
of water and electricity used or consumed in the premises.
1. Substituted by Act 8 of 1988 w.e.f. 1.5.1988.
(q) “rules” means rules made under section 74; (r)
“Secretary” means the Secretary of the Board;
(s) “Tribunal” means the Tribunal specified under section 40; and
(t) “year” means the year commencing on the 1st day of April and ending on the 31st
day of March.
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[Act 10 of 1963]
CHAPTER II
ESTABLISHMENT OF THE BOARD
3. Constitution of the Board. —(1) With effect from such date as the State
Government may, by notification, appoint in this behalf, there shall be established for the
purposes of this Act, a Board by the name of the 1[Karnataka Housing Board] 1 which
shall be a body corporate having perpetual succession and a common seal and may sue
and be sued in its corporate name and shall subject to the provisions of this Act, be
competent to acquire, hold and dispose of property both movable and immovable and to
contract and do all things necessary for the purposes of this Act.
1. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 01.11.1973.
1[(2) The Board shall consist of the following members, namely:—
(a) a Chairman who shall be appointed by the State Government;
1[(b) the Additional Chief Secretary or the Principal Secretary or the Secretary to
Government as the case may be Housing Department, Government of
Karnataka;]1
1. Substituted by Act 24 of 2016 w.e.f. 28.07.2016.
(c) the Secretary to Government, Finance Department, Government of Karnataka;
(d) the Chief Engineer (Communication and Building) (South);
1[(e) the Director of Town and Country Planning, Government of Karnataka,]1
1. Substituted by Act 24 of 2016 w.e.f. 28.07.2016.
1[(f) the Additional Chief Secretary or the Principal Secretary or the Secretary to
Government as the case may be, Energy Department, Government of
Karnataka;]1
1. Substituted by Act 24 of 2016 w.e.f. 28.07.2016.
(g) the Housing Commissioner;
(h) a nominee of the Housing and Urban Development Corporation not below the
rank of a Regional Chief; and
1[(h-1) the Additional Chief Secretary or the Principal Secretary or the Secretary to
Government as the case may be Urban Development Department, Government of
Karnataka;
(h-2) the Chief engineer of the Board;
(h-3) the Additional Director of Town and Country Planning of the Board;
(h-4) the Secretary of the Board who shall be the member Secretary;]1
1. Inserted by Act 24 of 2016 w.e.f. 28.07.2016. 1[(i) three non-official members appointed by the State Government of which one
shall]1 be woman
1. Substituted by Act 24 of 2016 w.e.f. 28.07.2016.
1[(2A) The names of members appointed including the Chairman shall be notified in
the official Gazette.]1
1. Inserted by Act 10 of 1974 w.e.f. 3.11.1973.
(3) 1[Any non-official member]1 of the Board 2[including the Chairman]2 may at any
time resign his office by submitting his resignation to the State Government:
Provided that the resignation shall not take effect until it is accepted.
1. Substitutted by Act 8 of 1988 w.e.f. 1.5.1988.
10
[Act 10 of 1963]
2. Inserted by Act 10 of 1974 w.e.f. 3.11.1973.
(4) For the purpose of this Act and, 1[the Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Central
Act 30 of 2013)”]1 the Board shall be deemed to be a local authority.
1. Substituted by Act 24 of 2016 w.e.f. 28.07.2016.
4. Leave of absence of Chairman. — The State Government may, from time to time,
grant to the Chairman such leave as may be admissible under the rules and any person
whom the State Government appoints to act for the Chairman during such absence on
leave shall, while so acting, be deemed for all purposes of this Act to be the Chairman.
5. Disqualification for appointment on Board. — (1) A person shall be disqualified
for being appointed or for continuing as the Chairman or member of the Board, if he,—
(a) holds any office or place of profit under the Board,
(b) is of unsound mind and stands so declared by a competent court,
(c) is an undischarged insolvent,
(d) has directly or indirectly by himself or by any partner, any share or interest in
any contract or employment with, by or on behalf of the Board, or
(e) is a Director or a Secretary, Manager or other salaried officer of any
incorporated company which has any share or interest in any contract or employment
with, by or on behalf of the Board.
(2) A person shall not be disqualified under clause ( d) or (e) of sub-section (1) or be
deemed to have any share or interest in any contract or employment within the meaning
of the said clauses, by reason only of his or the incorporated company of which he is a
Director, Secretary, Manager or other salaried officer, having a share or interest in any
newspaper in which any advertisement relating to the affairs of the Board is inserted.
(3) A person shall not be disqualified under clause ( d) or (e) of sub-section (1) or be
deemed to have any share or interest in any incorporated company which has any share
or interest in any contract or employment with, by or on behalf of, the Board, by reason
only of his being a shareholder of such company:
Provided that such person discloses to the State Government the nature and extent
of the shares held by him. 1[6. Term of office and conditions of service.—(1) The Chairman and every 2[other
non-official member]2 shall hold office during the pleasure of the State Government.
(2) Subject to the provisions of sub -section (1), the Chairman and every 2[other non-
official member]2 shall hold office for three years from the date of their appointment, but
they shall be eligible for re-appointment.
(3) The Chairman and every 2[other non- official member] 2 shall receive such
allowances as may be prescribed.
(4) The allowances to the Chairman and the 2[other non- official member] 2 shall be
paid from the funds of the Board and such allowances and other conditions of service
shall be such as may be prescribed.]1
1. Substituted by Act 10 of 1974 w.e.f. 3.11.1973.
2. Substituted by Act 24 of 2016 w.e.f. 28.07.2016.
7. Vacancy of a member.— 1[If the Chairman or any 2[other non-official member]1]2,—
1. Substituted by Act 10 of 1974 w.e.f. 3.11.1973.
(a) becomes subject to any of the disqualifications mentioned in section 5, or
(b) tenders his resignation in writing to the State Government, or
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[Act 10 of 1963]
(c) is absent without the permission of the Board from all the meetings of the Board for
three successive ordinary meetings, he shall 1[cease to be the Chairman or 2[non
official member]1]2.
1. Substituted by Act 10 of 1974 w.e.f. 3.11.1973.
2. Substituted by Act 24 of 2016 w.e.f. 28.07.2016.
8. Vacancy to be filled as early as practicable.—(1) 1[Any vacancy in the office of
the Chairman or of 2[non official member]1]2 shall be filled in as early as practicable.
(2) Notwithstanding anything contained in this Act, the continuing 2[non official
member]1]2may during such vacancy act, as if no vacancy had occurred.
1. Substituted by Act 10 of 1974 w.e.f. 3.11.1973.
2. Substituted by Act 24 of 2016 w.e.f. 28.07.2016.
9. Proceedings presumed to be good and valid. —No disqualification of, or defect in
the appointment of, any person acting as a Chairman or a member of the Board shall be
deemed to vitiate any act or proceeding of the Board, if such act or proceeding is
otherwise in accordance with the provisions of this Act.
1[10. Appointment and powers of Housing Commissioner, Chief Engineer 2[the
Additional Director of Town and Country Planning] 2 and Secretary.—(1) The State
Government shall appoint an officer not below the rank of a Deputy Commissioner to be
the Housing Commissioner for the Board.
(2) The State Government shall from among its officers appoint a Chief Engineer 2[the
Additional Director of Town and Country Planning]2 and a Secretary to the Board.
(3) The Housing Commissioner, the Chief Engineer and the Secretary shall receive
such monthly salary and other allowances payable wholly by the Board as the State
Government may, from time to time determine.
(4) The State Government may, from time to time grant leave of absence for such
period as it thinks fit to the Housing Commissioner, the Chief Engineer and the
Secretary. A copy of every order granting such leave shall be communicated to the
Chairman.
(5) The Housing Commissioner shall be the Chief Executive and Administrative
Officer of the Board. He shall, in addition to performing such functions as are conferred
on him by or under this Act or under any law for the time being in force, operate the
accounts of the Board and be responsible for the maintenance of accounts of the Board.
He shall also be responsible for implementing the
1[housing schemes, land development
schemes and labour housing schemes]1 of the Board.
(6) The Housing Commissioner shall have all the powers of a major Head of the
Department of the State Government under the Karnataka Civil Services Rules for the
time being in force as respects the officers and the servants of the Board.
(7) The Chief Engineer 2[the Additional Director of Town and Country Planning] 2 and
the Secretary shall exercise such powers and perform such functions as the Board may,
subject to any general or special order of the State Government specify from time to
time.
1. Substituted by Act 8 of 1988 w.e.f. 1.5.1988.
2. Inserted by Act 24 of 2016 w.e.f. 28.07.2016.
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[Act 10 of 1963]
10A. Officers and servants of the Board. — (1) Subject to such rules as may be
made under this Act, the Board may have such officers and servants as are necessary
for its purposes. I n making these appointments it shall be the duty of the appointing
authority to reserve adequate number of posts for the Schedule Castes, Scheduled
Tribes and other backward classes of citizens in the same manner and to the same
extent as are applicable to recruitment to the State Civil Services.
(2) The emoluments, allowances and other conditions of service of the officers and
servants referred to in sub-section (1) shall be the same as are applicable to the officers
and servants of the State Government governed by the Karnataka Civil Services Rules
except as otherwise prescribed.
(3) The Karnataka Public Service Commission shall exercise the same functions as
respects the services of the Board as the said Commission exercises under Article 320
of the Constitution of India as respects the services of the State and every appointment
to posts carrying a maximum monthly salary exceeding rupees two hundred, other than
those prescribed, shall be made in consultation with the Karnataka Public Service
Commission:
Provided that this sub-section shall not apply to an officiating or temporary
appointment for an aggregate period not exceeding one year:
Provided further that no appointment shall be made contrary to the advice of the said
Commission except with the approval of the State Government.]1
1. Sections 10 and 10A Substituted by Act 10 of 1974 w.e.f. 3.11.1973.
11. General disqualification of all officers and servants. —No person who has
directly or indirectly by himself or his partner or agent, any share or interest in any
contract, by or on behalf of the Board or in any employment under, by or on behalf of the
Board, otherwise than as an officer or servant thereof, shall become or remain an officer
or servant of the Board.
12. Appointment of committees. —Subject to any rules made under this Act, the
Board may, from time to time, and for any particular local area appoint one or more
committees for the purpose of discharging such duties or performing such functions as it
may delegate to them and any such committee may discharge such duties or perform
such functions with due regard to the circumstances and requirements of that particular
area.
13. Meetings of the Board.— The Board shall meet and shall from time to time make
such bye- laws with respect to the day, time, place, notice, management and
adjournment of its meetings as it thinks fit, subject to the following provisions, namely:—
(a) an ordinary meeting shall be held once at least every two months;
(b) the Chairman may, whenever he thinks fit, call for special
meetings; (c) the quorum for every meeting shall be 1[seven]1;
1. Substituted by Act 8 of 1988 w.e.f. 1.5.1988.
1[(cc) if any member being the Secretary to Government is unable to attend any
meeting of the Board, he may under intimation to the Chairman, authorise any officer not
below the rank of a Deputy Secretary in writing, to do so;]1
1. Inserted by Act 8 of 1988 w.e.f. 1.5.1988.
(d) every meeting shall be presided over by the Chairman and in his absence, by any
member chosen by the members present at the meeting to preside for the occasion;
(e) all questions at any meeting shall be decided by a majority of the members
present and voting and in case of equality of votes the person presiding shall have and
13
[Act 10 of 1963]
exercise a second or casting vote;
(f) the minutes of the proceedings of each meeting shall be recorded in a book to be
provided for the purpose.
14. Power to make contracts.— The Board may enter into and perform or require the
performance of all such contracts as it may consider necessary or expedient for carrying
out any of the purposes of this Act.
15. Execution of contracts. —(1) Every contract shall be made on behalf of the
Board by the 1[Housing Commissioner]1:
1. Substituted by Act 10 of 1974 w.e.f. 3.11.1973.
Provided that,-
(a) no contract involving an expenditure of rupees 2[1[rupees two hundred and fifty
lakhs]1]2 and more shall be made without the previous sanction of the State
Government,
1. Substituted by Act 8 of 1988 w.e.f. 1.5.1988.
2. Substituted by Act 24 of 2016 w.e.f. 28.07.2016.
(b)(i) no contract involving an expenditure of rupees 2[1[rupees fifty lakhs]1]2 and more
shall, subject to clause (a), be made without the previous sanction of the Board,
1. Substituted by Act 8 of 1988 w.e.f. 1.5.1988.
2. Substituted by Act 24 of 2016 w.e.f. 28.07.2016.
(ii) no estimate or tender involving an expenditure of rupees 2[1[rupees fifty lakhs]1]2
and more shall, subject to clause ( a), be sanctioned or accepted without the previous
sanction of the Board.
1. Substituted by Act 8 of 1988 w.e.f. 1.5.1988.
2. Substituted by Act 24 of 2016 w.e.f. 28.07.2016.
1[(c) No joint venture or public private partnership arrangement involving an estimated
cost of rupees two hundred and fifty lakhs and more shall be made without the previous
sanction of the State Government, subject to such terms and conditions as may be
prescribed of such joint venture or public private partnership as the case may be.]1
1.Inserted by Act 24 of 2016 w.e.f. 28.07.2016.
(2) Sub-section (1) shall apply to every variation or abandonment of a contract or
estimate as well as to an original contract or estimate.
(3) Every contract made by the 1[Housing Commissioner] 1 on behalf of the Board
shall, subject to the provisions of this section, be entered into in such manner and form
as may be prescribed.
1. Substituted by Act 10 of 1974 w.e.f. 3.11.1973.
(4) A contract not made or executed as provided in this section and the rules made
thereunder shall not be binding on the Board.
1[16. Delegation.— 2[(1)]2 The State Government may, by notification, authorise the
delegation by the Housing Commissioner to such person or class of persons and subject
to such conditions as may be specified in such notification, of any powers conferred or
duties imposed upon him by or under this Act.]1
1. Substituted by Act 10 of 1974 w.e.f. 3.11.1973.
2. Re-numbered by Act 8 of 1988 w.e.f. 1.5.1988.
1[(2) The Board may, by notification, direct that any power exercisable by it under this
Act except the power to make regulations may also be exercised by the Housing
14
[Act 10 of 1963]
Commissioner or such other officer of the Board as may be specified in the notification
subject to such restrictions and conditions as may be specified therein.]1
1. Inserted by Act 8 of 1988 w.e.f. 1.5.1988.
CHAPTER III
HOUSING SCHEMES 1[AND LAND DEVELOPMENT SCHEMES]1
2[17. Duty of the Board to undertake housing schemes, land development
schemes, infrastructure development, building construction schemes, schemes
under joint venture or public private partnership. - Subject to the provisions of this
Act and the rules made i n this behalf and control of the State Government, the Board
may incur expenditure and undertake works in any area for the framing and execution of
such housing schemes, land development schemes, infrastructure development,
construction and disposal of the commercial premises and building construction
schemes as it may consider necessary or as may be entrusted to it by the State
Government or overnment undertakings or under joint venture or public private
partnership arrangements subject to such conditions as may be prescribed.]2
1. Inserted by Act 8 of 1988 w.e.f. 1.5.1988.
2. Substituted by Act 24 of 2016 w.e.f. 28.07.2016.
18. Matter to be provided for by housing schemes. —Notwithstanding anything
contained in any other law for the time being in force, a housing scheme may provide for
all or any of the following matters, namely:—
(a) the acquisition by purchase, exchange or otherwise of any property necessary for
or affected by the execution of the scheme;
(b) the laying or relaying out of any land comprised in the scheme;
(c) the distribution or redistribution of sites belonging to owners of property comprised
in the scheme;
(d) the closure or demolition of dwellings unfit for human habitation;
(e) the demolition of obstructive buildings or portions of buildings;
(f) the construction and reconstruction of buildings, their maintenance and
preservation;
(g) the sale, letting or exchange of any property comprised in the scheme;
(h) the construction and alteration of streets and back lanes;
(i) provision for the draining, water -supply and lighting of the area included in the
scheme 1[and carrying out by the Board in such area, drainage, sewerage and water
supply works]1;
1. Inserted by Act 8 of 1988 w.e.f. 1.5.1988.
(j) the provision of parks, playing -fields and open spaces for the benefit of any area
comprised in the scheme and the enlargement of existing parks, playing fields, open
spaces and approaches;
(k) the provision of sanitary arrangements required for the area comprised in the
scheme, including the conservation and prevention of any injury or contamination to
rivers or other sources and means of water-supply;
(l) the provision of accommodation for any class of inhabitants;
(m) the advance of money for the purposes of the scheme; (n)
the provision of facilities for communication and transport;
(o) the collection of such information and statistics as may be necessary for the
purposes of this Act;
15
[Act 10 of 1963]
(p) any other matter for which, in the opinion of the State Government, it is expedient
to make provision with a view to provide housing accommodation and to the
improvement or development of any area comprised in the scheme or the general
efficiency of the scheme. 1[18A. Matters to be provided for by land development schemes.—
Notwithstanding anything contained in any other law for the time being in force, a land
development scheme may within the limits of the area comprised in the scheme, provide
for all or any of the following matters, namely:—
(a) the acquisition by purchase, exchange or otherwise, of any land which in the
opinion of the Board will be necessary for or affected by the execution of scheme;
(b) laying or re -laying of all or any land comprised in the sc heme and formation and
alteration of streets;
(c) drainage, water supply and electricity and carrying out by the Board in the area
included in the scheme, drainage sewerage and water supply works;
(d) the distribution or redistribution of sites comprised in the scheme;
(e) raising the level of any land which the Board may consider expedient to raise to
facilitate better drainage;
(f) forming open space for the better ventilation of the area comprised in the scheme
or any adjoining area;
(g) sanitary arrangements required;
(h) sites for parks, playgrounds, stadium, recreation grounds, school buildings,
markets, motor vehicle stands, theatres, police stations, post offices, co -operative
societies, public urinals and latrines, petrol service stations, hospitals, dispensaries,
banks, burial and cremation grounds and sites for public purposes of other kinds.]1
1. Inserted by Act 8 of 1988 w.e.f. 1.5.1988.
19. Preparation and submission of annual housing programme 1[and land
development programme] 1, budget and establishment schedule. — (1) Before the
first day of December in each year, the Board shall prepare and forward,—
1. Inserted by Act 8 of 1988 w.e.f. 1.5.1988.
(i) a programme,
(ii) a budget for the next year,
1[XXX]1
to the State Government in such form as may be prescribed.
1. Ommitted by Act 24 of 2016 w.e.f. 28.07.2016.
(2) The programme shall contain,—
(a) such particulars of 1[housing schemes, land development schemes and labour
housing]1 schemes which the Board proposes to execute whether in part or whole during
the next year as may be prescribed;
1. Substituted by Act 8 of 1988 w.e.f. 1.5.1988.
(b) the particulars of any undertaking which the Board proposes to organise or
execute during the next year for the purpose of the production of building materials; and
(c) such other particulars as may be prescribed.
(4) The budget shall contain a statement showing the estimated receipts and
expenditure on capital and revenue accounts for the next year.
20. 1[Sanction to programme and budget. - The State Government may sanction
the programme and the budget forwarded to it with such modifications as it deems fit.]1
16
[Act 10 of 1963]
1. Substituted by Act 24 of 2016 w.e.f. 28.07.2016.
21. Publication of sanctioned programme. — The State Government shall publish
the programme sanctioned by it under section 20 in the official Gazette.
22. Supplementary programme and budget. — The Board may, at any time, during
the year, in respect of which a programme has been sanctioned under section 20 submit
a supplementary programme and budget and the additional schedule of the staff, if any,
to the State Government and the provisions of sections 20 and 21 shall apply to such
supplementary programme.
23. Variation of programme by Board after it is sanctioned. — The Board may, at
any time, vary any programme or any part thereof included in the programme sanctioned
by the State Government:
Provided that no such variation shall be made if it involves an expenditure in excess
of 1[twenty per cent] 1 of the amount as originally sanctioned for the execution of any
housing scheme 2[or land development scheme]2 included in such programme or affects
its scope or purpose.
1. Substituted by Act 8 of 1988 w.e.f. 1.5.1988.
2. Inserted by Act 8 of 1988 w.e.f. 1.5.1988.
24. Sanctioned housing schemes 2[and land development schemes] 2 to be
executed.— 1[(1)]1 After the programme has been sanctioned and published by the State
Government under sections 20 and 21, the Board shall, subject to the provisions of
section 23, proceed to execute the 3[housing scheme, land development scheme or
labour housing scheme]3 included in the programme.
1. Re-numbered by Act 10 of 1974 w.e.f. 3.11.1973.
2. Inserted by Act 8 of 1988 w.e.f. 1.5.1988.
3. Substituted by Act 8 of 1988 w.e.f. 1.5.1988.
2[(2) The Board shall not execute any 1[housing scheme, land development scheme
or labour housing scheme] 1 unless the same has been sanctioned by the State
Government]2.
1. Substituted by Act 8 of 1988 w.e.f. 1.5.1988.
2. Inserted by Act 10 of 1974 w.e.f. 3.11.1973.
25. Transfer to the Board for purposes of housing scheme 2[or land
development scheme]2 of land vested in a corporation, 1[a municipal council 3[or a
Gram P anchayat]1]3.—(1) Whenever any street, square or other land, or any part
thereof, which,—
1. Substituted by Act 8 of 1988 w.e.f. 1.5.1988.
2. Inserted by Act 8 of 1988 w.e.f. 1.5.1988.
3. Substituted by Act 24 of 2016 w.e.f. 28.07.2016.
(a) is situated in a City and is vested in the municipal corporation of such City, or
(b) is situated in any part of a municipality constituted under any law relating to
municipalities and is vested in the municipal council, municipal committee or other
municipal body of that municipality, or
4[(c) is situated in any area included within the jurisdiction of a town panchayat or
grama panchayat constituted under the Karnataka Municipalities Act, 1964 or the
Gram Swaraj and Panchayat Raj Act, 1993 and is vested in such town panchayat
or Grama panchayat]4
is within the area included in the programme sanctioned by the State Government and is
17
[Act 10 of 1963]
required for the purposes of such housing scheme 3[or land development scheme]3, the
Board shall give notice accordingly to the corporation, municipal council, municipal
committee or municipal body, 2[x x x] 2, 4[town panchayat or the Grama panchayat] 4 or
the 1[mandal panchayat]1, as the case may be.
1. Substituted by Act 8 of 1988 w.e.f. 1.5.1988.
2. Omitted by Act 8 of 1988 w.e.f. 1.5.1988.
3. Inserted by Act 8 of 1988 w.e.f. 1.5.1988.
4. Substituted by Act 24 of 2016 w.e.f. 28.07.2016.
(2) Where the corporation, municipal council, municipal committee, or municipal body,
2[x x x] 2, 3[town panchayat or the Grama panchayat]3 or 1[mandal panchayat]1 concurs,
such street, square or other land or part thereof shall vest in the Board.
1. Substituted by Act 8 of 1988 w.e.f. 1.5.1988.
2. Omitted by Act 8 of 1988 w.e.f. 1.5.1988.
3. Substituted by Act 24 of 2016 w.e.f. 28.07.2016.
(3) Where there is any dispute, the matter shall be referred to the State Government.
The State Government shall, after hearing the corporation, municipal council, municipal
committee or municipal body, 2[x x x] 2, 3[town panchayat or the Grama panchayat]3 or
1[mandal panchayat] 1 concerned, decide the matter. The decision of the State
Government shall be final. If the State Government decides that such street, square or
land shall vest in the Board, it shall vest accordingly.
1. Substituted by Act 8 of 1988 w.e.f. 1.5.1988.
2. Omitted by Act 8 of 1988 w.e.f. 1.5.1988.
3. Substituted by Act 24 of 2016 w.e.f. 28.07.2016.
(4) Nothing in this section shall affect the rights or powers of the corporation,
municipal council, municipal committee or municipal body, 2[x x x]2, 3[town panchayat or
the Grama panchayat] 3 or 1[mandal panchayat]1 in or over any drain or water work in
such street, square or land.
1. Substituted by Act 8 of 1988 w.e.f. 1.5.1988.
2. Omitted by Act 8 of 1988 w.e.f. 1.5.1988.
3. Substituted by Act 24 of 2016 w.e.f. 28.07.2016.
26. Compensation in respect of land vested in the Board.—(1) Where any land
vests in the Board under the provisions of section 25 and the Board makeExcerpt shown. Open the full act in Lexace.