GOVERNMENT OF KARNATAKA

KARNATAKA ACT 10 OF 1963

THE KARNATAKA HOUSING BOARD ACT, 1962

THE KARNATAKA HOUSING BOARD RULES, 1964

THE KARNATAKA HOUSING BOARD (BORROWING SUMS BY ISSUE OF

DEBENTURE) RULES, 1967

THE KARNATAKA HOUSING BOARD REGULATIONS, 1983

THE KARNATAKA HOUSING BOARD (WORK-CHARGED ESTABLISHMENT

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

THE KARNATAKA HOUSING BOARD (WORK CHARGED ESTABLISHEMENT

EMPLOYEES) (ABSORPTION IN THE HOUSING BOARD SERVICES) RULES,
1999

DEPARTMENT OF PARLIAMENTARY AFFAIRS AND LEGISLATION

2000

THE KARNATAKA HOUSING BOARD ACT, 1962

ARRANGEMENT OF SECTIONS

Preamble

CHAPTER I

1. Short Title, extent and commencement

2. Definitions

CHAPTER II

3. Constitution of the Board.

4. Leave of absence of Chairman.
5. Disqualification for appointment on Board.
6. Term of office and conditions of service.
7. Vacancy of a member.
8. Vacancy to be filled as early as practicable.
9. Proceedings presumed to be good and valid.
10.Appointment and powers of Housing Commissioner, Chief Engineer and
Secretary.
10A.Officers and servants of the Board.
 11. General disqualification of all officers and servants.
12. Appointment of committees.
13. Meetings of the Board.
14. Power to make contracts.
15. Execution of contracts.
16. Delegation.

CHAPTER III
Housing Schemes and Land Development Schemes

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

schemes.
18. Matter to be provided for by housing schemes.
18A. Matters to be provided for by land development schemes.
19. Preparation and submission of annual housing programme and land
development programme, budget and establishment schedule.
20. Sanction to programme, budget and establishment schedule.
21. Publication of sanctioned programme.
22. Supplementary programme and budget.
23. Variation of programme by Board after it is sanctioned.
24. Sanctioned housing schemes and land development schemes to be executed.
25. Transfer to the Board for purposes of housing scheme or land development
scheme of land vested in a corporation, a municipal council or a Mandal
Panchayat.
26. Compensation in respect of land vested in the Board.
27. Power of Board to turn or close Public Street vested in it.
28. Reference to tribunal in case of dispute under section 26 or section 27.
29. Vesting in the corporation, municipal council, municipal committee or other
municipal body, town board, sanitary board or Mandal Panchayat of streets
laid out or altered and open space provided by the Board under housing
scheme or land development scheme.
30. Other duties of the Board.
31. Reconstitution of plots.
32. Schemes entrusted to board by Government, etc.
32A.Board and the Housing Commissioner to exercise powers and functions
under the Karnataka Acts 22 of 1964, 14 of 1977 and 20 of 1985.

CHAPTER IV
Acquisition and Disposal of Land

33. Power to purchase or lease by agreement.

34. Betterment charges/
35. Notice to persons liable for betterment charges.
36. Agreement for payment of betterment charges.
37. Recovery of betterment charges.
38. Power to dispose of land.
39. Disputes regarding reconstitution of plots.
 CHAPTER V
Tribunal

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

CHAPTER VI
Powers to Evict Persons from Board Premises

45. Power to evict persons from Board premises.

46. Power to recover rent, damages, installments of land or other dues as
arrears of land revenue.
47. Rent to be recovered by deductions from salary or wages in certain cases.
48. Appeal.
49. Finality of orders.

CHAPTER VII
Finance, Account and Audit

50. Boards fund.

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

CHAPTER VIII
Labor Housing

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

69. Reports.
70. Other statements and returns.
70A. Housing Commissioner to furnish returns and reports etc., to the State
Government.
70B. Power of Board to require returns, reports, production of documents, etc.
71. Power of entry.
72. Notice of suit against Board.
73. Triennial valuation of assets and liabilities of the Board.
74. Power to make rules.
75. Rules and Notifications to be laid before the State Legislature.
76. Regulations.
77. Power to make bye-laws.
78. Penalty for contravention of bye-laws.
79. Penalty for obstructing etc.,
80. Authority for prosecution.
81. Certain persons to be public servants.
82. Protection of action taken under this Act.
83. Removal of doubt regarding non-applicability of the Karnataka Rent Control
Act, 1961.
84. Governments power to give directions to Board.
85. Omitted.
86. Default in performance of duty.
87. Dissolution of the Board.
87A.Control by the State Government.
88. Removal of difficulties.
89. Repeal and savings.

Statement of objects and Reasons

Act 10 of 1963: The Mysore Housing Board Act, 1955 and the Mysore
Labor Housing Act, 1949, are in force in the Mysore Area; and the Bombay
Housing Board Act; 1948 is in force in the Bombay Area. The Hyderabad
Housing Board Act; 1956 has been enacted by the Hyderabad Legislature,
but has not been brought into force in the Hyderabad Area. There is no
such legislation in the Madras Area and the Coorg District.

The jurisdiction and activities of the Mysore Housing Board are now confined
to the Mysore Area only and the housing activities of the other4 integrated
areas are being looked after by a Special Officer appointed by Government.
With a view to bringing the entire State under the purview of one uniform
law this Bill is proposed. It is expected that by this measure, the difficulties
now felt in the successful implementation of the housing schemes in the
entire State would be overcome.-Karnataka Gazette Part IV-2-A dated
23.8.1962p. 661-662.
 II

Amending Act 10 of 1974: In order to ensure better implementation of

Karnataka Housing Board Act, 1962, it was considered necessary to amend
the Act, providing that:-

(i) the number of members of the Board be increased to 15 from 12,

(ii) the Chairman and other members shall hold office during the
pleasure of the State Government instead of for three years;
(iii) the Housing Commissioner a Chief Engineer and a Secretary be
appointed by the State Government instead of by the Board and the
Housing Commissioner be invested with the powers of a Major Head
of Department;
(iv) the State Government may authorize the delegation by the Housing
Commissioner to such person or class of persons specified in a
notification of any powers conferred or duties imposed upon him by
or under the Act;
(v) investing revision powers with the State Government in respect of
certain matters.

A Bill for some of the purposes was introduced in the Assembly. The Bill
was not taken up for consideration by the House. As the Assembly only was
in session and as it was considered necessary to take immediate action an
Ordinance was promulgated on 3rd November 1973 incorporating the
provisions of the Bill with certain modifications.

The Bill seeks to replace the Ordinance:-Karnataka Gazette Extraordinary,

dated 4th March, 1974, PART IV-2-A, No. 443, p 9.

III

Amending Act 8 of 1988: It is considered necessary to amend the

Karnataka Housing Board Act, 1962 to provide for the following:

(i) To frame land development schemes and to implement the said

schemes.
(ii) The Board at present consists of a Chairman and fifteen other
members to be appointed by the Government. Since it is felt
necessary to have a change in the composition of the board it is
proposed to have a Chairman appointed by the Government and
twelve other members, of whom seven are official members, and five
non-official members appointed by the Government.
(iii) To delegate powers of the Board to the Housing Commissioner or
other offers of the Board.
(iv) At present the Local authorities like the Municipal Corporations, City
or Town Municipal Councils or Mandal Panchayats are not evincing
interest in providing basic civic amenities like street light, water
supply, etc., in the areas where the Board has constructed houses
and the Board is forced to provide such amenities with the fund
available with it. It is, therefore considered necessary to provide for
exercising certain powers under the Karnataka Municipalities Act,
1964, Karnataka Municipal Corporations Act, 1976 and the Karnataka
Zilla Parishads, Taluk Panchayat Samithis, Mandal Panchayats and
 Nyaya Panchayats Act, 1983 by the Board and the Housing
Commissioner.
(v) To enhance the financial powers of the Board and the Commissioner.
(vi) To evict from Board premises the persons who have failed to pay the
installments of loan due to the Board.
(vii) To recover arrears of installments as arrears of land revenue.
(viii) To enable the Board to borrow money to carry out the purposes of
the Act and also to mortgage by way of security of its properties for
loans so borrowed.
(ix) To establish a sinking fund to repay the loan borrowed by the Board.
Opportunity is also taken to make certain consequential changes.
Hence the Bill: Karnataka Gazette Extraordinary, dated 5th February,
1988, PART IV 2-A, No. 74, p. 13.

CHAPTER I

Preliminary

1. Short title, extent and commencement.-(1) This Act may be called the
Karnataka Housing Board Act, 1962.
2. It extends to the whole of the State of Karnataka.
3. It shall come into force on such date as the State Government may, by
notification, appoint.

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

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

b. "Board premises" means any premises belonging to or vesting in the Board
or taken on lease by the Board or entrusted to the Board under this Act for
management and use for the purpose of this Act.
c. "Building materials" means such commodities or articles as are specified by
the State Government by notification to be building materials for the purposes
of this Act.
d. "Bye-laws" means bye-laws made under Section 77;
e. "Chairman" means the Chairman of the Board;
f. "Competent Authority" means any person authorized by the State
Government, by notification to perform the functions of the Competent
Authority under Chapter VI for such areas as may be specified in the
notification;
g. "Corporation" means a Municipal Corporation established under any law for
the time being in force in the State;

1(g-1) "District", "District Court" and "District Judge" respectively mean

in the case of the Bangalore Metropolitan Area, "the City of Bangalore", "the
City Civil Court and a judge" as defined in the Bangalore City Civil Court Act,
1979 (Karnataka Act 13 of 1980).]
 2(g-2) "Housing Commissioner" means, the Officer appointed under
Section 10.]

h. "Housing scheme" means a housing scheme under this Act;

i. "Land" includes benefits o arise out of land and things attached to the earth
or permanently fastened to anything attached to the earth;

3(I-1) "Land Development Scheme" means a scheme framed under this

Act for the purpose of providing house sites in any Area;]

j. "Member" means a member of the Board;

k. "Notification" means a notification published in the Official Gazette;
l. "Premises" means any building or part of a building and includes.-

i. gardens, grounds and out-house, if any, appertaining to such building

or part of a building; and
ii. any fittings affixed to such building or part of a building for the more
beneficial enjoyment thereof;

a. "Prescribed" means prescribed by rules;

b. "Programme" means the annual housing programme 4[and land
development programme] prepared by the Board under Section 19;
c. "Regulations. means regulations made under Section 76;
d. "Rent" means the amount payable to the Board in respect of the occupation
of a Board premises 5[but includes] the charges of] water and electricity
payable in respect of water ad electricity used or consumed in the premises.
e. "Rules" means rules made under Section 74;
f. "Secretary" means the Secretary of the Board;
g. "Tribunal" mans the Tribunal specified under Section 40; and
h. "Year. means the year commencing on the 1at day of April and ending on the
31st ay of March.

CHAPTER II

Establishment of the Board

3. Constitution of the Board.- (1) With effect from such date as the State
Government may, by notification, appoint in this behalf, there shall be
established for the purposes of this Act, a Board by the name of the
3
[Karnataka Housing Board]3 which shall be a body corporate having
perpetual succession and a common seal and may sue and be sued in its
corporate name and shall subject to the provisions of this Act, be competent
 to acquire, hold and dispose of property both movable and immovable and
to contract and do all things necessary for the purposes of this Act.

4
[(2) The Board shall consist of the following members, namely.-

a. A Chairman who shall be appointed by the State Government;

b. The Secretary to Government, in charge of Housing, Government of
Karnataka;
c. The Secretary to Government, Finance Department, Government of
Karnataka;
d. The Chief Engineer (Communication and Building (South);
e. The Director of Town Planning, Government of Karnataka;

Army Corporation;

f. Chairman and Managing Director, Karnataka Land;

g. The Housing Commissioner;
h. S nominee of the Housing and Urban Development Corporation not
below the rank of a Regional Chief; and
i. Five non-official members appointed by the State Government.]

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

2
3. [Any Non-official members]2 of the Board 3[including the Chairman]3 may
at any time resign his office by submitting his resignation to the State
Government:

Provided that the resignation shall not take effect until it is accepted.

4. For the purpose of this Act and the land Acquisition Act, 1894, the Board
shall be deemed to be a Local Authority.

4. Leave of absence of Chairman.-The State Government may from time to

time, grant to the Chairman such leave as may be admissible under the
rules and any person whom the State Government appoints to act for the
Chairman during such absence on leave shall, while so acting be deemed for
all purpose of this Act to be the Chairman.

5. Disqualification for appointment on Board.-(1) A person shall be

disqualified for being appointed or for continuing as the Chairman or
member of the Board, if he.-

a. Holds any office or place of profit under the Board;

b. Is of unsound mind and stands so declared by a competent Court;
c. Is an un discharged insolvent;
d. Has directly or indirectly by himself or by any partner, any share or interest
in any contract or employment with, by or on behalf of, the Board; or
e. Is a Director or a Secretary, Manager or other Salaried Officer of any
incorporated company, which has any share or interest in any contract or
employment with, by or on behalf of the Board.
2. A person shall not be disqualified under clause (d0 or (e) of sub-section (1)
or be deemed to have any share or interest in any contract or employment
within the meaning of the said clauses, by reason only of his or the
incorporated company of which he is a Director, Secretary, Manager or
other Salaried Officer, having a share or interest in any newspaper in which
any advertisement relating to the affairs of the Board is inserted.
3. A person shall not be disqualified under clause (d) or (e) of sub-section (1)
or be deemed to have any share or interest in any incorporated company
which has any share or interest in any contract or employment with, by or
on behalf of, the Board, by reason only of his being a share holder of such
company:

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

3[6. Term of office and conditions of service.-(1) The Chairman and every
other member shall hold office during the pleasure of the State
Government.

2. Subject to the provisions of sub-section (1), the Chairman and every other
member shall hold office for three years from the date of their appointment,
but they shall be eligible, for reappointment.
3. The Chairman and every other ember shall receive such allowances as may
be prescribed.
4. The allowances to the Chairman and the other members shall be paid from
the funds of the Board and such allowances and other conditions of service
shall be such as amy be prescribed.]

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

a. Becomes subject to any of the disqualifications mentioned in Section 5;or

a. Becomes subject to any of the disqualifications
b. Tenders his resignation in writing to the State Government; or
c. Is absent without the permission of the Board from all the meetings of the
Board for three successive ordinary meetings,

he shall 2[cease to be the Chairman or a member].

8. Vacancy to be filled as early as practicable.-(1) 3[Any vacancy in the

Office of the Chairman or of a member] shall be filled in as early as
practicable.

Notwithstanding anything contained in this Act, the continuing members may

during such vacancy have occurred.

9. Proceedings presumed to be good and valid.-No disqualification of, or

defect in the appointment of, any person acting as a Chairman or a member
of the Board shall be deemed to vitiate any act or proceeding of the Board,
if such act or proceeding is otherwise in accordance with the provisions of
this Act.
4[10. Appointment and powers of Housing Commissioner, Chief
Engineer and Secretary.-(1) The State Government shall appoint an
Officer not below the rank of a Deputy Commissioner to be the Housing
Commissioner for the Board.

2. The State Government shall from among its Officers appoint a Chief
Engineer and a Secretary to the Board.
3. The Housing Commissioner, the Engineer and the Secretary shall receive
such monthly salary and other allowances payable wholly by the Board as
the State Government may, from time to time determine.
4. The State Government may, from time to time grant, leave of absence for
such period as it thinks fit to the Housing Commissioner, the Chief Engineer
and the Secretary. A copy of every order granting such leave shall be
communicated to the Chairman.
5. The Housing Commissioner shall be the Chief Executive and Administrative
Officer of the Board. He shall, in addition to performing such functions as
are conferred on him by or under this Act or under any law for the time
being in force, operate the accounts of the Board and be responsible for
implementing the 1[housing schemes, land development schemes and labor
housing schemes] of the Board.
6. The Housing Commissioner shall have all the powers of a major Head of the
Department of the State Government under the Karnataka Civil Services
Rules for the time being in force as respects the Officers and the servants of
the Board.
7. The Chief Engineer and the Secretary shall exercise such powers and
perform such functions as the Board may, subject to any general or special
order of the State Government specify from time to time.

10-A. Officers and servants of the Board.-(1) Subject to such rules as may
be made under this Act, the Board may have such Officers and servants as
are necessary for its purposes. In making these appointments it shall be the
duty of the appointing authority to reserve adequate number of posts for
the Scheduled Castes, Scheduled tribes and other backward classes of
citizens in the same manner and to the same extent as are applicable to
recruitment to the State Civil Services.

2. The emoluments, allowances and other conditions of service of the Officers

and servants referred to in sub-section (1) shall be the same as are
applicable to the Officers and servants of the State Government governed
by the Karnataka Civil Services Rules except as otherwise prescribed.
3. The Karnataka Public Service Commission shall exercise the same functions
as respects the services of the Board as the said Commission exercised
under Article 320 of the Constitution of India as respects the services of the
State and Every appointment to posts carrying a maximum monthly salary
exceeding rupees two hundred, other than those prescribed, shall be made
in consultation with the Karnataka Public Service Commission:

Provided that this sub-section shall not apply to an officiating or temporary

appointment for an aggregate period not exceeding one year:

Provided further that no appointment shall be made contrary to the advice of

the said Commission except with the approval of the State Government.]
11.General disqualification of all Officers and servants.-No person who
has directly or indirectly by himself or his partner or agent, any share or
interest in any contract, by or on behalf of the Board or in any employment
under, by or on behalf of the Board, otherwise than as an Officer or servant
thereof, shall become or remain an Officer or servant of the Board.
12.Appointment of committees.-Subject to any rules made under this Act,
the Board may, from time to time, and for any particular local area appoint
one or more committees for the purpose of discharging such duties or
performing such function as it may delegate to them and any such
committee may discharge such duties or perform such functions with due
regard to the circumstances and requirements of that particular area.
13.Meetings of the Board.-The Board shall meet and shall from time to time
make such bye-laws with respect to the day, time, place, notice,
management and adjournment of its meetings as it thinks fit, subject to the
following provisions, namely.-

a. An ordinary meeting shall be held once at least every two months;

b. The Chairman may, whenever he thinks fit, call for special meetings;
c. The quorum for every meeting shall be 1[seven];

2
[(cc) If any member being the Secretary to Government is unable to attend
any meeting of the Board, he may under intimation to the Chairman,
authorize any officer not below the rank of a Deputy Secretary in writing, to
do so;]2

d. Every meeting shall be presided over by the Chairman and in his absence,
by any member chosen by the members present at the meeting to preside
for the occasion.

d. All questions at any meeting shall be decided by a majority of the members

present and voting and in case of equality of votes the person presiding
shall have and exercise a second or casting vote;

e. The minutes of the proceedings of each meeting shall be recorded in a book

to be provided for the purpose.

13. Power to make contracts.-The Board may enter into and perform or
require the performance of all such contracts, as it may consider necessary
or expedient for carrying out any of the purposes of this Act.

14.Execution of contracts.-(1) Every contract shall be made on behalf of the

Board by the 3[Housing Commissioner]:

Provided that:-

a. No contract involving an expenditure of rupees 4[fifty lakhs] and more shall

be made without the previous sanction of the State Government;
 b. (I) no contract involving an expenditure of rupees 1[ten lakhs] and more
shall, subject to

clause (a), be made without the previous sanction of the Board;

ii. No estimate or tender involving an expenditure of rupees 2[ten lakhs] and

more shall, subject to clause (a), be made sanctioned or accepted without
the previous sanction of the Board.

2. Sub-section (1) shall apply to every variation or abandonment of a contract

or estimate as well as to an original contract or estimate.
3. Every contract made by the 3[Housing Commissioner] on behalf of the
Board shall, subject to the provisions of this section, be entered into in such
manner and form as may be prescribed.
4. A contract nor made or executed as provided in this section and the rules
made there under shall not be binding on the Board.

1
[16. Delegation.-1(1)1 The State Government may, by notification, authorize
the delegation by the Housing Commissioner to such person or class of
persons and subject to such conditions as may be specified in such
notification, of any powers conferred or duties imposed upon him by or
under this Act.]1

1
[(2) The Board may, by notification, direct that any power exercisable by it
under this Act except the power to make regulations may also be exercised
by the Housing Commissioner or such other Officer of the Board as may be
specified in the notification subject to such restrictions and conditions as
may be specified therein.]1

CHAPTER III

Housing Schemes 2[And Land Development Schemes]2

17.Duty of Board to undertake housing schemes 8[and land development

schemes].-Subject to the provisions of this Act and subject to the control of
the State Government, the Board may incur expenditure and undertake works
in any area for the framing and execution of such housing schemes 9[and
land development schemes] as it may consider necessary from time to time,
or as may be entrusted to it by the State Government.
18.Matter to be provided for by housing schemes.-Notwithstanding anything
contained in any other law for the time being in force, a housing scheme may
provide for all or any of the following matters, namely.-

a. The acquisition by purchase, exchange or otherwise of any property

necessary for or affected by the execution of the scheme;
b. The laying or relaying out of any land comprised in the scheme;
c. The distribution or redistribution of sites belonging to owners of property
comprised in the scheme;
d. The closure or demolition of dwellings unfit for human habitation;
e. The demolition of obstructive buildings or portions of buildings;
f. The construction and reconstruction of buildings, their maintenance and
preservation;
g. The sale, letting or exchange of any property comprised in the scheme;
h. The construction and alteration of streets and back lanes;
i. Provision for the draining, water-supply and lighting of the area included in
the scheme 1[and carrying out by the Board in such area, drainage, sewerage
and water supply works];
j. The provision of parks, playing-fields and open spaces for the benefit of any
area comprised in the scheme and the enlargement of existing parks, playing-
fields, open spaces and approaches;
k. The provision of sanitary arrangements required for the comprised in the
scheme, including the conservation and prevention of any injury or
contamination to rivers or other sources and means of water-supply;
l. The provision of accommodation for any class of inhabitants;
m. The advance of money for the purposes of the scheme;
n. The provision of facilities for communication and transport;
o. The collection of such information and statistics as may be necessary for the
purposes of this Act;
p. Any other matter for which, in the opinion of the State Government, it is
expedient to make provision with a view to provide housing accommodation
and to the improvement or development of any area comprised in the scheme
or the general efficiency of the scheme.

2
[18-A. Matters to be provided for
Notwithstanding anything contained in
force, a Land Development Scheme
comprised in the scheme, provide for
namely.-
by Land Development Schemes.-
any other law for the time being in
may within the limits of the area
all or any of the following matters,

a. The acquisition by purchase, exchange or otherwise, of any land which in

the opinion of the Board will be necessary for or affected by the execution of
scheme;
b. Laying or re-laying of all or any land comprised in the scheme and
formation and alteration of streets;
c. Drainage, water supply and electricity and carrying out by the Board in the
area included in the scheme, drainage sewerage and water supply works;
d. The distribution or redistribution of sites comprised in the scheme;
e. Raising the level of any land which the Board may consider expedient to
raise to facilitate better drainage;
f. Forming open space for the better ventilation of the area comprised in the
scheme or any adjoining area;
g. Sanitary arrangements required;
h. Sites for Parks, Playgrounds, Stadium, recreation grounds, School buildings,
Markets, Motor Vehicles Stands, Theatres, Police Stations, Post Offices, Co-
operative Societies, Public Urinals and Latrines, Petrol Service Stations,
Hospitals, Dispensaries, Banks, Burial and Cremation Grounds and Sites for
public purposes of other kinds.]

19.Preparation and submission of annual housing programme 1[and land

development programme] budget and establishment schedule.-(1)
 Before the First day of December in each year, the Board shall prepare and
forward.-
(i) A programme;
(ii) A budget for the next year;
(iii) A schedule of the staff of Officers and servants already employed
and to be employed during the next year;

to the State Government in such form as may be prescribed.

(2) The programme shall contain.-

(a) Such particulars of 2[housing schemes, land development schemes and labor
housing schemes] which the Board proposes to execute whether in part or
whole during the next year as may be prescribed;
(b) The particulars of any undertaking which the Board proposes to organize or
execute during the next year for the purpose of the production of building
materials; and
(c) Such other particulars as may be prescribed.
(d) The budget shall contain a statement showing the estimated receipts and
expenditure on capital and revenue accounts for the next year.

20.Sanction to programme, budget and establishment schedule.-The State

Government may sanction the programme, the budget and the schedule of
the staff of Officers and servants forwarded to it with such modifications as it
deems fit.
21.Publication of sanctioned programme.-The State Government shall
publish the programme sanctioned by it under Section 20 in the Official
Gazette.
22.Supplementary programme and budget.-The Board may, at any time,
during the year, in respect of which a programme has been sanctioned under
Section 20 submit a supplementary programme and budget and the additional
schedule of the staff, if any, to the State Government and the provisions of
Sections 20 and 21 shall apply to such supplementary programme.
23.Variation of programme by Board after it is sanctioned.-The Board may,
at any time, vary any programme or any part thereof included in the
programme sanctioned by the State Government.

Provided that no such variation shall be made if it involves expenditure in

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

24.Sanctioned housing schemes 3[and land development schemes] to be

executed.-3 [(1)]3 After the programme has been sanctioned and published
by the State Government under Sections 20 and 21, the Board shall, subject
to the provisions of Sections 23, proceed to execute the 5[housing schemes,
land development schemes and labor housing schemes] included in the
programme.

6[(2) The Board shall not execute any 7[housing scheme, land development
scheme and labor housing scheme] unless the same has been sanctioned by
the State Government.]
25.Transfer to the Board for purposes of housing scheme 3[for land
development scheme]3 of land vested in a corporation, 1[a municipal
council or a Mandal Panchayat]1.-(1) Whenever any street, square or
other land, or any part thereof, which.-

a. Is situated in a City and is vested in the municipal corporation of such City, or

b. Is situated in any part of a municipality constituted under any law relating to
municipalities and is vested in the municipal council, municipal committee or
other municipal body of that municipality, or
c. Is situated in any area included within the jurisdiction of a 4[taluk
development of boards]4, town board, sanitary board or 1[Mandal Panchayat]1
constituted under any law relating to taluk development boards, town boards,
sanitary boards, or 1[Mandal Panchayats]1 and is vested in such 4[taluk
development boards]4, town board, sanitary board or the 1[Mandal
Panchayat]1,

is within the area included in the programme sanctioned by the State

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

2. Where the corporation, municipal council, municipal committee, or municipal

body, 4[x x x x x ]4, town board, sanitary board or 1[Mandal Panchayat]1
concurs, such street, square or other land or part thereof shall vest in the
Board.
3. Where there is any dispute, the matter shall be referred to the State
Government. The State Government shall, after hearing the corporation,
municipal council, municipal committee or municipal body, 1[x x x x x ]1, town
board or sanitary board or 2[Mandal Panchayat]2 concerned, decide the
matter. The decision of the State Government shall be final. If the State
Government decides that such street, square or land shall vest in the Board,
it shall vest accordingly.
4. Nothing in this section shall affect the rights or powers of the corporation,
municipal council, municipal committee or municipal body, 1[x x x x x]1, town
board, sanitary board or 2[Mandal Panchayat]2 in or over any drain or water
work in such street, square or land.

26.Compensation in respect of land vested in the Board.-(1) Where any

land vests in the Board under the provisions of Section 25 and the Board
makes a declaration that such land shall be retained by the Board only until it
revests in the corporation, the municipal council, municipal committee, or
municipal body the 1[x x x x x]1, town board, sanitary board, or the 2[Mandal
Panchayat]2, as the case may be, as part of a street or an open space under
Section 29, no compensation shall be payable by the Board to the
corporation, the municipal committee, or municipal body, the 1[x x x x x]1,
town board, sanitary board, or the 2[Mandal Panchayat]2 in respect of that
land.

2. Where any land vests in the Board under Section 25 and no declaration is
made under sub-section (1) in respect of the land, the Board shall pay to the
 corporation, the municipal council, municipal committee or municipal body,
1
[x x x x x]1, town board, sanitary board, or 2[Mandal Panchayat]2, as the
case may be, as compensation, a sum equal to the value of such land.
3. If, in any case where the Board has made a declaration in respect of any land
under sub-section (1), the Board retains or disposes of the land contrary to
the terms of the declaration so that the land does not revest in the
corporation, the municipal council, municipal committee or municipal body,
the 1[x x x x ]1, town board, sanitary board, or 2[Mandal Panchayat]2, as the
case may be, the Board shall pay to the corporation, the municipal council,
municipal committee or municipal body, the 1[x x x x x]1, town board,
sanitary board, or the 2[Mandal Panchayat]2, compensation in respect of such
land in accordance with the provisions of sub-section (2).

27.Power of Board to turn or close public street vested in it.-(1) The Board
may turn, divert, discontinue the public use of, or permanently close, any
public street vested in it or any part thereof.

2. Whenever the Board discontinues the public use of, or permanently closes,
any public street vested in it or any part thereof, it shall, as far as practicable,
provide some other reasonable means of access to be substituted in lieu of
the use, by those entitled, of the street or part thereof and pay reasonable
compensation to every person who is entitled, otherwise than as a mere
member of the public to use such street or part as a means of access and has
suffered damage from such discontinuance or closing.
3. In determining the compensation payable to any person under sub-section
(2), the Board shall make allowance for any benefit accruing to him from the
construction, provision or improvement of any other public street at or about
the same time that the public street or part thereof, on account of which the
compensation is paid is discontinued or closed.
4. When any public street vested in the Board is permanently closed under sub-
section (1), the Board may sell or lease so much of the same as is no longer
required.

28. Reference to Tribunal in case of dispute under Section 26 or Section

27.-If there is any dispute as to whether any compensation is payable under
Section 26 or Section 27 or as to the amount of compensation payable under
Section 26 or Section 27, as the case may be, the matter shall be referred to the
Tribunal.

29. Vesting in the corporation, municipal council, municipal committee

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

1. Whenever the State Government is satisfied.-

a. That any street laid out or altered by the Board has been duly leveled, paved,
metalled, flagged, channeled, sewered and drained in the manner provided in
the programme sanctioned by the State Government under Section 20; and
b. That such lamps, lamp-posts and other apparatus as the corporation, the
municipal council, the municipal committee or other municipal body, he 1[x x
 x x]1, town board, sanitary board or 2[Mandal Panchayat]2, as the case may
be, considers necessary for the lighting of such streets and as ought to be
provided by the Board have been so provided, and
c. That water and other sanitary convenience have been duly provided in such
street.

The State Government may declare the street to be a public street, and the
street shall thereupon vest in the corporation, municipal council, municipal
committee or other municipal body, 1[x x x x x]1, town board, sanitary board
or 2[Mandal Panchayat]2, as the case may be.

2. When any open space for purposes of ventilation or recreation has been
provided by the Board in executing any housing scheme 3[of land
development scheme]3, it shall on completion be transferred to the Local
Authority concerned, by resolution of the Board, and shall thereupon vest in,
and be maintained at the expense of, the Local Authority.
3. If any difference of opinion arises between the Board and the corporation
municipal council, municipal committee or other municipal body, 1[x x x x x
]1, town board, sanitary board or 2[Mandal Panchayat]2, in respect of any
matter referred to in the foregoing provisions of this section, the matter shall
be referred to the State Government whose decision shall be final.

30. Other duties of the Board.-It shall be the duty of the Board to take
measures with a view to expediting and cheapening construction of buildings and
the Board may for that purpose do all things for.-

a. Unification, simplification and standardization of building materials;

b. Encouraging prefabrication and mass production of house components;
c. Organizing or undertaking the production of building materials required for
the housing schemes.
d. Encouraging research for discovering cheap building materials and involving
new methods of economic construction.
e. Securing a steady and sufficient supply of workmen trained in the work of
construction of buildings.

31. Reconstitution of plots.-A 3[housing scheme, land development scheme or

a labor housing scheme] may provide.-

a. For the formation of a reconstituted plot by the alteration of the boundaries of

an original plot;
b. With the consent of the owners that two or more original plots each of which
is held in ownership in severalty or in joint ownership shall, with or without
alteration of boundaries, be held in ownership in common as a reconstituted
plot; and
c. For the allotment of a plot to any owner dispossessed of land in furtherance of
the housing scheme 4[or land development scheme].

32. Schemes entrusted to Board by Government, etc.-(1) The provisions

of Sections 18 to 24 (both inclusive) shall not be applicable to any
5[housing scheme, land development scheme or a labor housing scheme]
entrusted to the Board by the State Government except to such extent and
subject to such modifications as may be specified in any general or special
 order made by the State Government, and every such order shall be
published in the Official Gazette.

2. Notwithstanding anything contained in this Act, the Board shall not be

competent to carry on any trading or financing activity for profit, whether in
the execution of any scheme undertaken by, or entrusted to it, or otherwise.

1
[32-A. Board and the Housing Commissioner to exercise powers and
functions under the Karnataka Acts 22 of 1964, 14 of 1977 and 20 of
1985.-(1) In any area or part thereof to which this Act applies, the State
Government may, by notification, declare that from such date and for such
period as may be specified therein and subject to such restrictions and
modifications, if any, as may be specified in the notification.-

I. The power and functions of the Corporation, Municipal Council or a Mandal

Panchayat or a standing committee thereof, under the Karnataka
Municipalities Act, 1964, Karnataka Municipal Corporations Act, 1976 and
the Karnataka Zilla Parishads, Taluk Panchayat Samithis, Mandal
Panchayats and Nyaya Panchayats Act, 1983, shall be exercised and
discharged by the Board; and

ii. The powers and functions of the Commissioner of the Corporation, the
Municipal Commissioner, Chief Officer of the Municipal Council or the
Secretary of the Mandal Panchayat, as the case may be, shall be exercised
and discharged by the Housing Commissioner:

Provided that the Corporation, the Municipal Council or the Mandal

Panchayat concerned shall be consulted before the making of such
declaration, if such area or part thereof lies within the limits of a City, a City
or a Town Municipality or a Mandal.

(2) On the making of the declaration under sub-section (1), notwithstanding

anything contained in any other law for the time being in force, the
Corporation, the Municipal Council or the Mandal Panchayat or any standing
committee thereof or the Commissioner of the Corporation, the Municipal
Commissioner or Chief Officer of the Municipal Council or the Secretary of
the Mandal Panchayat shall not be competent to exercise and discharge the
powers or functions conferred or imposed on the Board or the Housing
Commissioner as the case may be, by such declaration.

(3) The Board or the Housing Commissioner may delegate any of the powers
exercisable and functions that may be discharged by it or him under sub-
section (1) to any Officer or servant of the Board.

(4) The exercise of discharge of any of the powers or functions delegated under
sub-section (3) shall be subject to such limitations, conditions and control,
as may be laid down by the Board or the Housing Commissioner, as the
case may be.]2
 CHAPTER IV

Acquisition and Disposal of Land

33.Power to purchase or lease by agreement.-(1) The Board may enter into

an agreement with any person for the acquisition from him by purchase, lease
or exchange, or any land which is needed for the purposes of a housing
scheme 1[or land development scheme] or any interest in such land or for
compensating the owners of any such right in respect of any deprivation
thereof or interference therewith:

Provided that the previous approval of the State Government shall be

obtained in case of purchase or exchange involving land worth more than
rupees 2[ten lakhs] or lease for more than five years.

2. The Board May also take steps for the compulsory acquisition of any land or
any interest therein required for the execution of a housing scheme 3[or land
development scheme] in the manner provided in the Land Acquisition Act,
1894, as modified by this Act and the acquisition of any land or any interest
therein for the purposes of this Act shall be deemed to be acquisition for a
public purpose within the meaning of the Land Acquisition Act, 1894.

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

land development scheme] any land in the area comprised in the scheme will
in the opinion of the Board be increased in value, the Board in framing the
scheme may declare that betterment charges shall be payable by the owner
of the land or any person having an interest therein in respect of the increase
in value of the land from the execution of the scheme.

(2) Such increase in value shall be the amount by which the value of land on
the completion of the execution of the scheme estimated as if the land were
clear of the buildings exceeds the value of the land prior to the execution of
the scheme estimated in like manner and the betterment charges shall be
one-half of such increase in value.

(3) Such betterment charges shall also be livable in respect of any land not
comprised in the scheme but adjacent to the area comprised in the scheme.

(4) Notwithstanding anything contained in sub-sections (1) and (30, in respect

of any land used for agricultural purposes at the time of the execution of the
schemes the betterment charges shall be leviable by the Board in
accordance with such procedure as may be prescribed, only after such land
is used, or converted for use, for non-agricultural purposes.

35.Notice to persons liable for betterment charges.-(1) The Board shall give
notice in the prescribed from to any person who is the owner of or has
interest in the land in respect of which the betterment charges are to be
levied and shall give such person an opportunity to be heard.
 (2) After hearing such person of if such person fails to appear after the expiry
of the period within which such person is required to appear before the
Board, the Board shall proceed to assess the amount of betterment charges.

(3) Where the assessment of betterment charges proposed by the Board is

accepted by the person concerned within the period prescribed, the
assessment shall be final.

(4) If the person concerned does not accept the assessment proposed by the
Board, the matter shall be referred to the Tribunal.

(5) The Tribunal shall, after holding an inquiry and after hearing the person
concerned, assess the amount of the betterment charges payable by the
person.

36.Agreement for payment of betterment charges.-(1) Any person liable to

pay betterment charges in respect of any land may at his option, instead of
paying the same to the Board, execute an agreement with the Board to leave
the payment outstanding as a charge on his interest in the land, subject to
the payment in perpetuity of interest at such rate as may be prescribed.

2. Every payment due from any person in respect of betterment charges and
every charge referred to in sub-section (1) shall, notwithstanding anything
contained in any other enactment and notwithstanding the execution of any
mortgage or charge, created either before or after the commencement of this
Act be first charge upon the interest of such person in such land.

37.Recovery of betterment charges.-All sums payable in respect of any land

by any person in respect of betterment charges under Section 34 or by any
person under an agreement under Section 36 shall be recoverable on behalf
of the Board as an arrear of land revenue.
38.Power to dispose of land.-Subject to any rules made by the State
Government under this Act, the Board may retain, lease, sell, exchange or
otherwise dispose of; any land, building or other property vesting in it and
situate in the area comprised in any housing scheme 1[or land development
scheme] sanctioned under this Act.
39.Disputes regarding reconstitution of plots.-(10 Where by the making of a
housing scheme 2[or land development scheme] any plots comprised in the
area include in the scheme are reconstituted or any person is dispossessed,
the Board shall after making such inquiry as it thinks fit award to the person
affected by such reconstitution or dispossession such compensation as it
deems reasonable. If, the person is dissatisfied with the decision of the Board
in the matter, he may inform the Board accordingly. The Board shall
thereupon refer the matter to the Tribunal.

2. The Tribunal shall then after making an inquiry determine the amount of
compensation and direct the Board to pay the same to the person entitled.
 CHAPTER V

Tribunal

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

a. decide wither any compensation is payable under Section 26;

b. decide the amount of compensation in matters referred to it under Section
28;
c. decide disputes relating to betterment charges referred to it under Section
35;
d. decide disputes and the amount of compensation to be awarded under
Section 39; and
e. decide such other matters as may be prescribed by the rules made in this
behalf.

42.Powers of and procedure before Tribunal.-(1) In making enquiries the

Tribunal shall have and exercise, as far as may be, the same powers and
follow the same procedure as under the Code of Civil Procedure, 1908.

2. Every order made by the Tribunal for the payment of money and for the
delivery of the possession or removal of any structure shall be enforced by
the District Court as if it were the decree of the said Court.
3. The proceedings before the Tribunal shall be deemed to be judicial
proceedings within the meaning of Sections 193 and 228 of Indian Penal
Code.

43.Decision of Tribunal to be final.-The decision of the Tribunal on any matter

referred to it under this Act shall, subject to the provision of Section 44, be
final.
44.Appeal to the High Court.-The Board or any person aggrieved by a decision
of the Tribunal may within three months from the date of the decision, or
such further time as the High Court may for sufficient cause allow, appeal to
the High Court and the High Court shall pass such orders on the appeal as it
thinks fit.

CHAPTER VI

Power to evict person from Board Premises

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

Competent Authority is satisfied.-

a. that the person authorized to occupy any Board premises has.-

i not paid rent lawfully due from him in respect of such premises for a period of
more than two months; or
 1
[(I-a) not paid any of the installments of loan due from him to the Board in
respect of such premises for a period of more than two months from the
due date, or;]1

i. sub-let, without the permission of the Board, the whole or any part of such
premises; or
ii. otherwise acted in contravention of any of the terms, express or implied,
under which he is authorized to occupy such premises; or

(b) that any person is in unauthorized occupation of any Board premises,

the Competent Authority may, notwithstanding anything contained in any law

for the time being in force, by notice served (I) by post, or (ii) by affixing a
copy of it on the outer door or some other conspicuous part of such premises,
or (iii) in such other manner as may be prescribed, order that person as well
as any other person who may be in occupation of the whole or any part of the
premises, shall vacate them within one month from the date of the service of
the notice;

Provide that no such order shall be passed unless the person has been
afforded an opportunity to show because why such order should not be made.

(2) If any person refuses or fails to comply with an order made under sub-
section (1), the Competent Authority may evict that person from, and take
possession of, the premises and may for that purpose use such force as
may be necessary.

3. If a person, who has been ordered to vacate any premises under sub clause
(I) 1or (I-a)1 or (ii) of clause (a) of sub-section (1), within Thirty days of the
date of service of the notice or such longer time as the Competent Authority
may allow, pays to the Board the rent in arrears 1[or any installment of loan
in arrears]1 or carries out or otherwise compels with the terms contravened
by him to the satisfaction of the Competent Authority, as the case may be,
the Competent Authority shall, in lieu of evicting such person under sub-
section (2), cancel its order made under sub-section (1) and thereupon such
person shall hold the premises on the same terms on which he held them
immediately before such notice was served on him.

46.Power to recover 4[rent, damages, installments of loan or other dues]

as arrears of land revenue.-(1) Subject to any rules made by the State
Government in this behalf and without prejudice to the provisions of Section
45, where any person is in arrears of rent payable in respect of any Board
premises 1[or any arrears of installment of loan or other dues payable to the
Board]1 the Competent Authority may, be notice served (I) by post, or (ii) by
affixing a copy of it on the outer door or some other conspicuous part of such
premises, or (iii) in such other manner as may be prescribed, order that
person to pay the same within such time not being less than Thirty days as
 may be specified in the notice. If such person refuses or fails to pay the
arrears of rent 1[or arrears of installment of loan or other dues]1 within the
time specified in the notice, such arrears may be recovered as arrears of land
revenue 1[or by distrait and sale of movable property of the defaulter by such
Officer, in such manner and in accordance with such procedure as may be
prescribed.]1

(2) Where any person is in unauthorized occupation of any Board premises,

the Competent Authority may, in the prescribed manner, assess such
damages on account of the use and occupation of the premises as it may
deem fit, and may by notice served (I) by post, or (ii) by affixing a copy of it
on the outer door or some other conspicuous part of such premises, or (iii) in
such other manner as may be prescribed, order that person to pay the
damages within such time as may be specified in the notice. If any person
refuse or fails to pay the damages within the time specified in the notice, the
damages may be recovered from him as arrears of land revenue.

47.Rent to be recovered by deductions from salary or wages in certain

cases.-(1) Without prejudice to the provisions of Section 45 any person who
is an employee of the State Government or a Local Authority and who has
been allotted any Board premises, may execute an agreement in favor of the
State Government providing that the State Government or the Local
authority, as the case may be, under or by whom he is employed, shall be
competent to deduct from the salary or wages payable to him such amount as
may be specified in the agreement and to pay the amount so deducted to the
Board in satisfaction of the rent due by him in respect of the Board premises
allotted to him.

(2) On the execution of such agreement, the State Government or Local

Authority, as the case may be, shall, if so required by the Board by requisition
in writing, make the deduction of the amount specified in the requisition from
the salary or wages of the employees specified in the requisition in
accordance with the agreement and pay the amount so deducted to the
Board.

48.Appeal.-(1) Any person aggrieved by an order of the Competent Authority

under Section 45 or Section 46, may, within thirty days from the date of the
service of the notice under Section 45 or Section 46, as the case may be,
prefer an appeal to the District Judge of the District in which the premises of
the Board are situated or such other Judicial Officer in that District of not less
than ten years standing as the State Government may designate in this
behalf.

Provide that the Appellate Officer may entertain the appeal after the expiry of
the said period of Thirty days, if he is satisfied that the appellant was
prevented by sufficient cause from filing the appeal in time.

(2) Where an appeal is preferred under sub-section (1), the Appellate Officer
may stay the enforcement of the order of the Competent Authority for such
period and on such conditions as he deems fit.
 (3) Every appeal under this section shall be disposed of by the appellate
Officer as expeditiously as possible.

49.Finality of orders.-Save as otherwise expressly provided in this Act, every

order made by a Competent Authority or Appellate Officer under this Chapter
shall be final and shall not be called in question in any original suit,
application or execution proceedings.

CHAPTER VII

Finance, Accounts and Audit

50.Boards fund.-(1) The Board shall have a fund called the Housing Board
Fund.

(2) The Board may accept grants, subventions, donations and gifts from the
Central Government or State Government or a Local Authority or any
individual or body, whether incorporated or not, for all or any of the
purposes of this Act.

1
[(3) x x x ]1

(4) All moneys received by or on behalf of the Board by virtue of this Act, all
proceeds of land or any other kind of property sold by the Board, all rents,
and all interest, profits and other moneys accruing to the Board, shall
constitute the Housing Board Fund.

(5) Except as otherwise directed by the State Government, all moneys and
receipts specified in the foregoing provisions and forming part of the fund of
the Board shall be deposited in the Reserve Bank of India or in any
Schedule Bank or invested in such securities as may be approved by the
State Government.

2
[(6) x x x]2

Explanation.-For the purposes of this section, the Reserve Bank of India

shall mean the Reserve Bank of India constituted under the Reserve Bank of
India Act, 1934, and a Scheduled Bank shall mean a bank included in the
Second Schedule to the said Act.

51.Application of the Fund.-All property, the Housing Board Fund, and all
other assets vesting in the Board shall be held and applied by it, subject to
the provisions and for the purposes of this Act.
52.Expenditure in case of urgency, etc.-(1) Where in the opinion of the
Board circumstances of extreme urgency have arisen, it shall be lawful for
the Board to make for the purposes of this Act in any year, expenditure not
exceeding 3[rupees one lakh], notwithstanding the fact that such
expenditure has not been included in its annual programme or
supplementary programme sanctioned by the State Government or the
variation of the programme made under Section 23.
 (2) Where any sum is expended under circumstances of extreme urgency as
provided in sub-section (1), a report thereof indicating the source from which
it is proposed to meet the expenditure shall be made by the Board as soon as
practicable to the State Government.

(3) The Board may, within the budget sanctioned by State Government,
approve appropriations not exceeding 1[rupees one lakh]1 from one subhead
to another and from one minor head to another under the same major head
and submit a statement of such expropriations to the State Government.

53.Subventions and loans to the Board.-(1) The State Government may

from time to time make subventions to the Board for purposes of this act on
such terms and conditions as the State Government may determine.

(2) The State Government may from time to time advance loans to the Board
on such terms and conditions not inconsistent with the provisions of this Act
as the State Government may determine.

54.Power of Board to Borrow.-1(1) Subject to the provisions of the Act and

to such conditions as may be prescribed, the Board may from time to time
borrow money required to carry out the purpose of this Act from any
Scheduled Bank or a Corporation owned or controlled by the Government of
India or the State Government.]1

(2) The rules made by the State Government for the purposes of this section
may empower the Board to borrow by the issue of debentures and to make
arrangements with bankers.

(3) All debentures issued by the Board shall be in such form as the Board, with
the sanction of the State Government may from time to time determine.

(4) Every debenture shall be signed by the Chairman and one other member of
the Board.

(5) Loans borrowed and debentures issued under this section may be
guaranteed by the State Government as to the repayment of principal and
the payment of interest at such rate as may be fixed by the State
Government.

1
[(6) The Board shall be competent to mortgage by way of security any of its
properties for loan obtained from the Housing and urban Development
Corporation, New Delhi or from any Scheduled Bank or from any other
recognized Housing Financial Institutions.]1

2
[(54-A. Mode of repaying loan.-Every loan obtained by the Board shall be
repaid within the period and in the manner agreed upon by the Board.-

a. from a sinking fund established for the purpose under Section 54-B; or
b. from money borrowed for the purpose; or
c. partly from the sinking fund established under Section 54-B and partly from
the money borrowed for the purpose.
54-B. Establishment of a sinking fund.-(1) The Board may establish a
sinking fund for the purpose of repayment of loans borrowed by it.

(2) The amounts to be paid into the sinking fund and the mode of payment
shall be as may be prescribed.

(3) All moneys paid into the sinking fund shall be invested in Government
securities or fixed deposits with Scheduled Bank.]

55.Account and audit.-(1) The Board shall cause to be maintained proper

books of accounts and such other books as the rules under this Act may
require and shall prepare in accordance with such rules an annual statement
of accounts.

(2) The Board shall cause its accounts to be audited annually by such persons
as the State Government may direct.

(3) As soon as the accounts of the Board have been audited, the Board shall
send a copy thereof together with a copy of the report of the auditor
thereon to the State Government; and shall cause the accounts to be
published in the prescribed manner and place copies thereof on sale at a
reasonable price. The audited accounts and the report shall be laid before
each Houses of the State Legislature, as soon as may be after they are
received by the State Government.

(4) The Board shall comply with such directions as the State Government may
after perusal of the report of the auditor think fit to issue.

56.Concurrent and special audits of accounts.-(1) Notwithstanding

anything contained in Section 55, the State Government may order that
there shall be concurred audit of the accounts of the Board by such person
as it thinks fit. The State Government may also direct a special audit to be
made by Chartered Accountant appointed by it of the accounts of the Board
relating to any particular transaction or a class or series of transactions or
to a particular period.

(2) When an order is made under sub-section (1) the Board shall present or
cause to be presented for audit such accounts and shall furnish to the
person appointed under sub-section (1) such information as the said person
may require for the purpose of audit.

CHAPTER VIII

Labor Housing

57. Interpretation.-(1) For the purpose of this Chapter.-

a. "Employee" means any person who is employed for hire or reward to do

any work skilled or unskilled, manual or clerical, in any factory as defined in
the Factories Act, 1948, or in any mine as defined in the Mines Act, 1952, or
 in any textile mill, or in any iron and steel works, or in any tobacco
manufactory; and also includes any person declared by notification by the
State Government to be an employee for the purposes of this Chapter;
b. Employer" means any person who employs whether directly or through
another person, or whether on behalf of himself or any other person, one or
more employees, and includes.-

(i) in a factory, the owner or occupier of the factory and includes the managing
agent of such owner or occupier, the legal representative of a deceased
owner or occupier and where a person has been named as a manager of the
factory under clause (f) of sub-section (1) of Section 7 of the Factories Act,
1948, the person so named;

(ii) in any employment under any Local Authority, the person appointed by such
authority for the supervision and control of employees or where no person is
appointed, the chief Executive Officer of the Local Authority;

(iii) in any other case, any person responsible for the supervision and control of
the establishment;

c. "Wages" shall have the same meaning as in the Payment of Wages, Act,
1936;
d. "Working class" includes mechanics, artisans, labors and others working
for wages, hawkers, persons not working for wages but working at some
trade or handicraft without employing others, except members of their own
family and persons other than domestic servants whose income in any case
does not exceeds on an average one hundred and twenty-five rupees a
month, and the families of any such person who may be residing with them.

(2) In determining for the purposes of this Chapter, whether a house is fit for
human habitation, regard shall be had to the extent, if any, to which by
reason of disrepair or sanitary defects, the house falls short of any
municipal bye-laws or laws in operation in the area in which such house is
situated, or of any other provision of law for the time being in force in such
area dealing with the construction and drainage of new buildings and the
laying out and the construction of new streets or of general standard of
housing accommodation for working classes in such area.

58.Duty of the Board to undertake labor housing schemes.-(1) It shall be

the duty of the Board to provide for the welfare of labor by providing proper
houses for employees as near as possible to their place of work of such
types and designs in accordance with such schemes as the State
Government may approve.

(2) The Board may, in addition to preparing and carrying out scheme for the
provision of suitable housing accommodation for employees, promote
measures directed towards.-

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

(ii) the improvement of public health and sanitation;

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

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

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

59.Provisions regarding housing accommodation.-(1) The occupation by

any employee of any housing accommodation provided by the Board shall
be subject to compliance by that person at all times with such conditions
relating to his occupation of such accommodation as may be prescribed.

(2) Before any person occupies any such accommodation, he shall be furnished
with a copy of the conditions referred to in sub-section (1), and if he so
desires the said conditions shall be read over to him in a language which he
understands; and the Board shall cause to be published in such manner as
it thinks best adapted for informing the persons concerned any changes
which may from time to time be made in the said conditions.

(3) If in the opinion of the Board any person in occupation of any such
accommodation fails or ceases to comply with any of the conditions referred
to in sub-section (1) it may, by notice in writing, require him to vacate the
accommodation on or before such date, not being less than Thirty days after
the service of the notice; and the occupation of such accommodation by such
person or any dependent of his after the date so specified shall be unlawful
and such person or dependent may be evicted accordingly from such
accommodation in accordance with the provisions of Chapter VI.

(4) There shall be payable in respect of the occupation of any such

accommodation as aforesaid rent at such rate as may be prescribed taking
into consideration.-

(i) the cost of construction of the accommodation; and

(ii) the cost of maintenance of the accommodation.

(5) (I) All rent payable in respect of the occupation of such accommodation as
aforesaid shall in the first instance be paid by the employer of the employee
occupying the accommodation;

(ii) Notwithstanding anything contained in any other enactment but subject to

the provisions of any regulations, if any, under this Act, the employer shall be
entitled to recover the rent paid by him under clause (I) by deductions from
the wages of the employee concerned, and not otherwise.

58. Housing accommodation to be in good habitable condition.- (1) It

shall be the duty of the Board to keep the housing accommodation under its
control in a good habitable condition.

(2) Where the State Government or any Local Authority or any Court notified
by the State Government in this behalf, upon consideration of any
 representation or of a report from any of its Officers or other information
received by it, is satisfied that any housing accommodation under the
control of the Board is in any respect not in a good habitable condition, it
may, unless it is satisfied that it is not capable at a reasonable expense of
being brought to a habitable condition, serve upon the Board a notice
requiring it, within such reasonable time, not being less than twenty-one
days as may be specified in the notice, to execute the works specified in the
notice, and stating that in the opinion of the State Government, the Local
Authority or the Court, as the case may be, those works will bring the house
to a good habitable condition.

(3) (a) The Board may, within twenty-one days of the service of the notice
under sub-section (2) by a Local Authority or a Court, appeal to the State
Government or where the notice is served by the State Government apply
to it for a review and no proceedings shall be taken by the State
Government or the Local Authority or the Court, as the case may be, to
enforce the notice before the appeal or the application for review, as the
case may be, has been finally determined.

(b) The State Government may, one such appeal or application for review,
make an order either confirming or quashing or varying the notice, and such
order of the State Government shall be final and conclusive.

(4) If a notice served on the Board under sub-section (1) is not complied
with, then, after the expiration of the time specified in the notice or, if an
appeal or an application for review has been made against the notice and
upon that appeal or application for review the notice has been confirmed with
or without variation, after the expiration of twenty-one days from the final
determination of the appeal or application for review, or of such longer period
as the State Government, in determining the appeal or application for review,
may fix, the State Government or the Local Authority or the Court, as the
case may be, may itself cause the work required by the notice, or by the
notice as varied by the State Government, to be done.

(4) Any expenses incurred by the State Government or a Local Authority or a

Court under sub-section (4), together with interest at six per cent per
annum, from the date when a demand for the expenses is served until
payment, may be recovered from the Board summarily as if the notice of
demand were a decree of a Civil court, and any Civil Court of competent
jurisdiction shall execute such notice of demand as if it were a decree of
such Court.

61.Duty of the Board to inspect working class houses.-It shall be the duty
of the Board to cause an inspection to be made from time to time of houses
occupied by working class people and the areas in which such houses are
located with a view to ascertaining whether such houses are fit for human
habitation and whether such areas are maintained in a proper condition so
as to ensure the safety, health and well-being of working class people.

62.Powers of the Board in respect of houses occupied by working class

people.-The Board may exercise the powers and perform the functions of a
Local Authority in accordance with the provisions of Section 0 in respect of
 houses occupied by working class people of which any person other than the
Board is the owner, and the provisions of the said section shall there upon
apply to such houses as if the Board were a Local Authority and the owner
of such houses were the Board.

63.Power of the Board to acquire in sanitary houses, etc.-(1) If the Board

is satisfied that any house occupied by working class people is unfit for
human habitation and not capable at a reasonable expense of being
rendered so fit or that in any of the cities or towns which the State
Government may, by notification, specify, any area contains fifty or more
working class houses and at least one-third of the working class houses in
such area are overcrowded so fit or so arranged as to be un congested, the
Board may, with the sanction of the State Government, acquire such house
or such area and take action as hereinafter provided.

(2) The Board may, subject to the sanction of the State Government demolish
and reconstruct any house acquired under sub-section (1) and may, subject
to a like sanction, demolish and reconstruct houses in any area acquired
under sub-section (1) or otherwise lay out and use the area for providing any
amenities for employees as the State Government may approve.

64.Compensation for house unfit for human habitation.-Where any land

is acquired by the Board under sub-section (1) of Section 63, the
compensation payable in respect thereof shall be determined in accordance
with the Land Acquisition Act, 1894, subject to the condition that the
compensation to be paid for a house unfit for human habitation and not
capable at reasonable expense of being rendered so fit, shall be the value of
the land as a site cleared of the building.

65.Maintenance of public streets by the Board.-(1) Where in connection

with housing operations of the Board, new buildings are constructed or
existing buildings reconstructed or public streets and roads are laid out and
constructed or reconstructed in accordance with plans and specifications
approved by the State Government, the provisions of any municipal or other
law relating to buildings or roads shall not, so far as they are inconsistent
with the plans and specifications so approved, apply to those buildings and
streets, and notwithstanding the provision of any other Act, any public
street or road laid out and constructed in accordance with those plans and
specifications may be maintained by the Board.

(2) In respect of the Cities of Bangalore, Mysore and such other areas as may
be notified by State Government, the State Government shall not approve
for the purposes of sub-section (1) any plans and specifications inconsistent
with the provisions of any law relating to buildings or roads in force in the
cities of Bangalore, Mysore and such other areas as may be notified by
State Government except after consultations with the municipal authorities
for the cities and areas on the general question of the relaxation of such
provisions in connection with housing operations.

66.Conditions relating to housing accommodation provided by

employers.-Notwithstanding any provision of law for the time being in
force, if any employer has provided housing accommodation for his
 employees, such employer and employees shall comply with such provisions
as may be prescribed regulating, (I) the occupation of such accommodation,
(ii) the rents payable fir such occupation, (iii) the proper maintenance of
such accommodation, (iv) the rights and liabilities of the employer and the
employees in respect of such accommodation, and (v0 the circumstances in
which such employees can be evicted from such accommodation.

67.Conditions relating to housing accommodation provided by

employers after commencement of Act.-Save as otherwise provided by
this Act, after the commencement of this Act, where any employer provides
housing accommodation for his employees, such housing accommodation
shall comply, and be in accordance, with such conditions and provisions as
may be prescribed.

68.Rent payable by employer recoverable as arrear of land revenue.-If

any employer fails or neglects to pay any rent which under this Act he is
liable to pay, the amount so payable may be recovered as if it were an
arrear of land revenue.

CHAPTER IX

Miscellaneous

69.Reports.-The Board shall, before such date and in such form and at such
intervals as may be prescribed , submit to the State Government a report
on such matters as may be prescribed, and the State Government shall
cause such report to be published in the Official Gazette. Every such report
which shall include cases where the opinion of the Public Service
Commission has not been accepted under the second proviso to sub-section
(4) of Section 10, shall be laid before each House of the State Legislature,
as soon as may be, after it is published.

70.Other statements and returns.-The Board shall also submit to the State
Government such statistics, returns, particulars or statements in regard to
any proposed or existing 1[housing schemes, land development schemes or
labor housing schemes] at such times and in such form and manner as may
be prescribed or as the State Government may from time to time direct.

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

70-B. Power of Board to require returns, reports production of

documents, etc.-(1) The Board may require the Housing Commissioner to
furnish it with.-

a. any return, statement, estimate, statistics or other information regarding

any matter pertaining to the administration of this Act;
b. a report on any such matter; and
 c. a copy of any document in his charge.

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

71.Power of entry.-3[The Housing Commissioner or any person either

generally or specially authorized by him or the Board]3 in this behalf may,
with or without assistants or workmen, enter into or upon any land, in
order.-

a. to make any inspection, survey measurement, valuation inquiry;

b. to take levels;
c. to dig or bore into the sub-soil;
d. to set boundaries and intended lines of work;
e. to make such levels, boundaries and lines of works and cutting trenches; or
f. to do any other thing;

Whenever it is necessary to do so, for any of the purposes of this Act or any
rules made or scheme sanctioned there under:

Provided that.-

(i) no such entry shall be made between sunset and sunrise;

(ii) no dwelling house and no public building which is used as a dwelling place,
shall be so entered, except with the consent of the occupier thereof, and
without giving the said occupier at least twenty-four hours previous written
notice of the intention to make such entry;
(iii) sufficient notice shall in every instance be given, even when any premises
may otherwise be entered without notice, to enable the inmates of any
apartment occupied by women to remove themselves to some part of the
premises where their privacy will not be disturbed;
(iv) due regard shall always be had, so far as may be compatible with the
exigencies of the purposes for which the entry is made, to the social and
religious usages of the occupants of the premises entered;
72.Notice of suit against Board.-No person shall commence any suit against
the Board 1[Housing Commissioner, Chief Engineer, Secretary]1 or against
any Officer or servant of the Board or any person acting under the orders of
the Board, for anything done or purporting to be done in pursuance of this
Act, without giving to the Board, 1[,Housing Commissioner, Chief Engineer,
Secretary]1, Officer or servant or person concerned two months previous
notice in writing of the intended suit and of the cause thereof, nor after six
months from the date of the act complained of.

73.Triennial valuation of assets and liabilities of the Board.-The Board

shall triennially have a valuation of its assets and liabilities made by a value
appointed with the approval of the State Government.

Provided that it shall be open to the State Government to direct a valuation

to be made at any time it may consider necessary.
 74.Power to make rules.-(1) The State Government may, by notification and
subject to the condition of previous publication, make rules for carrying out
the purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing power,
such rules may be made for all or any of the following purposes, namely.-

a. the allowances 1[of the Chairman and other members]1 and remuneration and
conditions of service under Section 6;
b. the manner and from in which contracts shall be entered into under Section
15;
c. the form of annual housing programme 2[and land development programme,
budget and schedule of staff of Officers and servants, particulars of housing
schemes 2[or land development schemes]2 and other particulars to be
contained in the programme under Section 19;
d. the from of notice under Section 35;
e. the rate of interest under Section 36;
f. other matters to be decided by the Tribunal under Section 41;
g. the forms of notice under Sections 45 and 46 and any other manner in which
they may be served;
h. the procedure to be followed in taking possession of any Board premises
under Section 45;
i. the manner in which damages under Section 46 may be assessed;
j. the manner in which appeals may be preferred under Section 48 and the
procedure to be followed in such appeals;
k. the conditions subject to which the Board may borrow any sum under Section
54;
l. the manner of preparation, maintenance and publication of accounts under
Section 55;
m. the data before which, the form in which, the interval at which and the
matters on which reports shall be submitted under Section 69;
n. the time at which and the form and manner in which statistics, returns,
particulars and statements shall be submitted under Section 70;
o. the manner in which the Board shall be superseded and reconstituted under
Section 86;
p. specifying the bye-laws contravention of any of which shall be an offence; and
q. any other matter which is to be or may be prescribed under this Act

75.Rules and notification to be laid before the State Legislature.-Every

rule made under this Act and every notification issued under Section 88 shall
be laid as soon as may be after it is made or issued, before each House of the
State Legislature while it is in session for a total period of thirty days which
may be comprised in one session or in two successive sessions, and if, before
the expiry of the session in which it is so laid or the session immediately
following, both House agree in making any modification in the rule or
notification or both Houses agree that the rule or notification should not be
made or issued, the notification or the rule shall thereafter have effect only in
which modified form or be of no effect, as the case may be; so however that
any such modification or annulment shall be without prejudice to the validity
of anything done under that rule or notification.
 76.Regulations.-The Board may from time to time with the previous sanction
of the State Government, by notification, make regulations consistent with
this Act and any rules made under this Act.-

a. for the management and use of buildings constructed under any housing
schemes;
b. the principles to be followed in allotment of tenements and premises;
c. for regulating its procedure and the disposal of its business.

77.Power to make bye-laws.-(1) The Board may make bye-laws, not

inconsistent with this Act and the rules and regulations, which may be
necessary or expedient for the purpose of carrying out its duties and
functions under this Act.

(2) No bye-law made by the Board shall come into force until it has been
confirmed by the State Government with or without modification.

(3) All bye-laws made under this section shall be published in the Official
Gazette.

78.Penalty for contravention of bye-laws.-Whoever contravenes a bye-law

made under Section 77 the contravention of which is prescribed as an
offence shall, on conviction, be punished with imprisonment for a term
which, may extend to five hundred rupees or with both.

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

a. obstructs any person with whom the Board has entered into a contract, in
the performance or execution by such person of his duty or of anything
which he is empowered or required to do under this Act; or
b. remove any mark set up for the purpose of indicating any level or direction
necessary to the execution of works authorized under this Act,

he shall, on conviction, be punished with imprisonment for a term which

may extend to one month or with fine which may extend to five hundred
rupees or with both.

80.Authority for prosecution.-Unless otherwise provided, no Court shall take

cognizance of any offence punishable under this Act except on the complaint
of, or upon information received from, the Board or some person authorized
by the Board by general or special order in this behalf.

81.Certain persons to be public servants.-The Competent Authority and all

members, Officers and servants of the Board shall be deemed, when acting
or purporting to act in pursuance of any of the provisions of this Act, to be
public servants within the meaning of Section 21 of the Indian Penal Code.

82.Protection of action taken under this Act.-No suit, prosecution or other

legal proceeding shall lie against any person for anything which is in good
faith done or purported to be done under this Act.
83.Removal of doubt regarding non-applicability of the 1[Karnataka]1
Rent control Act, 1961.-For the removal of doubt, it is hereby declared
that the 1[Karnataka]1 Rent Control Act, 1961.-

a. shall not apply to any house belonging to or vesting in the Board under or
for the purposes of this Act;
b. shall not apply as against the Board to any tenancies or other like
relationship created by the Board in respect of such house; but
c. shall apply to any house let to the Board.

84.Governments power to give directions to Board.-The State

Government may give the Board such directions as in its opinion are
necessary or expedient for carrying out the purposes of this Act, 2[x x x x]2
and it shall be the duty of the Board to comply with such directions.

3
[85. x x x ]3

86.Default in performance of duty.-(1) If the State Government is satisfied

that the Board has made default in performing any duty imposed on it by or
under this Act, it may fix a period for the performance of that duty.

(2) If in the opinion of the State Government, the Board fails or neglects to
perform such duty within the period so fixed for its performance, it shall be
lawful for the State Government, notwithstanding anything contained in
Section 6, to supersede and reconstitute the Board in the prescribed
manner.

(3) After the super session of the Board and until it is reconstituted, the
powers, duties and function of the Board under this Act shall be carried on
by the State Government or by such Officer or Officers as the State
Government may appoint for this purpose.

87.Dissolution of the Board.-(1) The State Government may, by notification,

declare that with effect from such date as may be specified in the
notification, the Board shall be dissolved:

Provided that no such declaration shall be made by the State Government

unless a resolution to that effect has been moved in and passed by both
Houses of the State Legislature.

(2) With effect from the date specified in the notification under sub-section
(1).-

a. All properties, funds and dues which are vested in and realizable by the
Board shall vest in and be realizable by the State Government;
b. All liabilities enforceable against the Board shall be enforceable against the
State Government to the extent of the properties, funds and dues vested in
and realized by the State Government.

(3) Nothing in this section shall affect the liability of the State Government in
respect of loans or debentures guaranteed under sub-section (5) of Section
54.

1
[87-A. Control by the State Government.-(1) The State Government shall
have general administrative control and supervision over all the activities
and affairs of the Board.

(2) The State Government may call for the records of any proceedings of the
Board, the Housing Commissioner or any Officer subordinate to the Board,
for the purpose of satisfying itself as to the correctness, legality or propriety
of such proceedings and may pass such order with respect thereto as it
thinks fit.]1

88.Removal of difficulties.-(1) If any difficulty arises in giving effect to the

provisions of this Act, in consequence of the transition to the said provisions
from the provisions of the Acts in force immediately before the
commencement of this Act, the State Government may, by notification,
make such provisions as appear to it to be necessary of expedient for
removing the difficulty.

(2) If any difficulty arises in giving effect to the provisions of this Act
(otherwise than in relation to the transition from the provisions of the Acts in
force before the commencement of this Act), the State Government may, by
notification, make such provisions, not inconsistent with the purposes of this
Act, as appear to it to be necessary or expedient for removing the difficulty.

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

this Act.-

a. the Karnataka Housing Board Act, 1955 (Karnataka Act AX of 1955); the
Karnataka Labor Housing Act, 1949 (Karnataka Act XXVIII of 1949); the
Hyderabad Housing Board Act, 1956 (Hyderabad Act XLVI of 1956); and the
Bombay Housing Board Act, 1948 (Bombay Act LXIX of 1948) shall stand
repealed;
b. the properties, right and liabilities of the Karnataka Housing Board
established under the Karnataka Housing Board Act, 1955, shall vest in the
Board and the moneys at the credit of the Boards fund constituted under
the said Act, and the moneys at the credit of the Karnataka Labor Housing
Fund constituted under the Karnataka Labor Housing Act, 1949, shall stand
transferred to the Housing Board Fund constituted under this Act; and
c. subject to the provisions of the preceding clause, the provisions of Section 6
and 24 of the 1[Karnataka]1 General Clauses Act, 1899 1(Karnataka)1 Act III
of 1899), shall be applicable in respect of the repeal of the Acts specified in
clause (a).
 NOTIFICATIONS

Bangalore, dated the 20th January, 1965

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

S.O. 1930: In exercise of the powers conferred by sub-section (3) of

Section 1 of the Karnataka Housing Board Act, 1962 (Karnataka Act 10 of
1963), the Government of Karnataka hereby appoints the 27th day of
January 1965, as the date on which the said Act shall come into force.

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

By order and in the name of the

Government of Karnataka

(K. KHADER MOHIEDDIN)

Under Secretary

II

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

In exercise of the powers conferred by Section 1(2) of the Karnataka

Housing Board Amendment Act, 1988 the Government of Karnataka hereby
appoint 1st May 1988 as the day on which the Karnataka Housing Board
(Amendment) Act 1988 shall come into force.

By Order and in the name of the

Governor of Karnataka

(R. ASWARTHNARAYANA RAO)

Under Secretary to Government,
Housing & Urban Development
Department (H)
 THE KARNATAK HOUSING BOARD RULES, 1964

CONTENTS

1. Title
2. Definitions
a. Act
b. Form
c. Government
d. Schedule
e. Section
3. Allowance to the Chairman and other Members.
4. Leave to the Chairman
4A. Appointment of Officers and servants of the Board.
5. Condition of service of the Officers and servants of the Board
6. Committees
7. Execution of contracts
8. Preparation and submission of Annual Housing Programme, Housing
Scheme, Budget and Establishment Schedule
9. Disposal of land
10. Conditions of occupation of Housing Accommodation
11. Notices
11A.Proceduer in appeals
12. Procedure for taking possession
13. Assessment of damages for un-authorized occupation
14. Preparation and maintenance of Accounts
15. Fixation of Rent
16. Registers regarding Rent paid by Employer
17. Manner of Payment of Rent
18. Standard of Accommodation
19. Returns to be furnished by the Employers
20. Returns to be furnished by the Board
21. Annual statement to be Published
22. Super session of the Board

FORMS
AMENDMENT RULES
 THE KARNATAKA

HOUSING BOARD RULES, 1964

(As amended by GSR 322, dated 18-7-1967;GSR 61, dated 27-2-1971; GSR
44, dated 17-2-1973; GSR 150, dated 14-5-1974; GSR 180, dated 24-6-
1976; GSR 42, dated 25/28-1-1978; SO 1106,dated 7/12-4-1978 and GSR
103, dated 20-4-1983.)GSR 409.-In exercise of the powers conferred by
Section 74 of the Karnataka Housing Board Act, 1962 (Karnataka Act 10 of
1963), the Government of Karnataka hereby makes the following rules, the
draft of the same having been published as required by sub-section (1) of the
said section in Notification No. GSR 345, dated the 7th December, 1964 in Part
IV, Section 2-C(I) of the Karnataka Gazette, dated 24th December, 1964.

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

1964.

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

a. "Act" means the Karnataka Housing Board Act, 1962 (Karnataka Act 10 of
1963);
b. "Form" means a form appended to these rules;
c. "Government" means the State Government;
d. "Schedule" means a Schedule appended to these rules;
e. "Section" means a section of the Act.

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

to the Chairman.-

a. If he is a non-official.-

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

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

3
[(b) if he is an Officer of the Government, the salary and allowances
admissible to him from time to time as a member of the State Civil Service
or the All India Services as the case may be.]
1
[(2) A member of the Board shall be entitled to a sitting fee of 3[rupees
Seventy-five] only per day of sitting , and daily allowances and traveling
allowance at the rates specified in . List A. of the Annexure to Annexure-. A.
to the Karnataka Civil Service Rules, when he is required to be present at a
place in connection with the business of the Board.

Provided that no member whose ordinary place of residence is within the

municipal or panchayat limits of the place at which he is required to be
 present shall draw daily allowance and traveling allowance for attending the
business of the Board:
3
[Provided that if the Chairman is an Officer of the Government he shall be
entitled to leave in the same manner and subject to the same terms and
conditions as are applicable to him from time to time as an Officer of the
State Civil Service or the All India Services, as the case may be.]3
4
[4. Leave to the Chairman.- x x x x x,]
5
[4-A. Appointment of Officers and servants of the Board.-It shall not
be necessary to consult the Karnataka Public Service Commission before
making appointment to the following posts under the Board, namely.-

1. Shroffs;
2. Peons;
3. Drivers;
4. Dalayats;
5. Typists;
6. Stenographers;
7. Bill Collectors;
8. Watchman;
9. Gardeners;
10. Sweepers; and

11. Appointment of Government Servants on deputation.]

5. Condition of service of the Officers and servants of the Board.- 1[(1)]

The Officers and servants of the Board shall be paid after retirement a
pension at the same rates and subject to the same conditions as laid down
in the Karnataka Civil Services Rules.2[(2) The Karnataka Civil Services
(Classification, Control and Appeal) Rules, 1957 shall mutatis mutandis, be
applicable to the Officers and servants of the Board. The authority
empowered to appoint, the authority empowered to impose penalties and
penalties which he may impose and Appellate Authority in respect of the
Officers and Servants of the Board shall be as mentioned in Schedule
below.-

SCHEDULE A For Officials of Karnataka Housing Board Authority which

may impose penalty as per Rule 8 of K.C.S. (C.C. & A.)Rules, 1957

5. I Division Clerks, Housing Executive Ii to iv Housing

Stenographers, II Commissioner Engineer, commissioner
Division Clerks, Housing Chairman
Inspector, Typists, Commissioner
Drivers, Bill V to viii
Collectors
6. All Class IV Posts Housing Executive 1 to iv Housing
Commissioner Engineer, Commissioner
Housing Chairman
Commissioner
 v to vii

SCHEDULE B Officials lent to K.H.B. (Non-Gazetted Officers) Authority

which may impose penalty as per Rule 8 of K.C.S.(C.C. & A.)

Class of Posts Authority Authority empowered to Appellate

empowered impose penalties and Authority
to appoint penalties which he may
impose
Authority Penalties
(Rule 8)
(1) (2) (3) (4) (5)
1. Assistant Engineer, Housing Secretary Ii to iv Housing
Junior Engineer, Commissioner Housing Commissioner
Draftsman, Tracers Commissioner V to viii Chairman
(in Head Office)
2. Accounts
Superintendents
Taluk Sheristedar-
cum-super-
intendents, I " " " "
Division Clerk,
Stenographers
Revenue Inspectors
and Surveyors
3. II Division Clerks " " " "
For the Staff of Divisional and Sub-Division Offices
4. Assistant Housing Executive Ii to Housing
Engineer, Junior Commissioner Engineer, iv Commissioner
Engineer, Housing Chairman]
Draftsman, Commissioner V to
Tracers, I viii
Division Clerk
Stenographers,
II Division Clerks

6. Committees.-(1) The Board may appoint from among its members such
committees as it may consider necessary.

(2) The number of members of any committee shall not exceed five.

(3) The members of a committee shall hold office during the pleasure of the
Board.

(4) Every meeting of a committee shall be presided over by the Chairman if he

is a member of the committee and is present and in his absence by any
member chosen by the Members present at the meeting to preside for the
occasion. If the Chairman is not a member of any committee, the
committee shall elect its Chairman.
(5) The quorum for a meeting of a committee shall be one-half of the total
number of members of the committee and no quorum shall be necessary
for an adjourned meeting.

7. Execution of contracts.-(1) Every contract for the execution of any work

or the supply of any materials or goods involving an expenditure exceeding
five thousand rupees shall be made by affixing the common seal of the
Board.1[(2) For the execution of works or the supply of any materials or
goods by or on behalf of or in favor of the Board, the rules and forms
prescribed by the Karnataka Public Works Department in respect of tenders
and contracts, shall be followed to the extent that they are not inconsistent
with the provisions of the Karnataka Housing Board Act and Rules.] 8.
Preparation and submission of Annual Housing Programme,
Housing Scheme, Budget and Establishment Schedule.-

1. (I) The Annual Housing Programme shall be prepared in Form I;

(ii) The Budget for the next year shall be prepared in Form II; and
(iii) the Schedule of the staff of Officers and servants already employed and to
be employed during the year shall be prepared in Form III.
(2) Every housing scheme shall be framed by the Board in conformity with the
outline Development Plan or the comprehensive Development Plan, as the
case may be, made for any area under the Karnataka Town and Country
Planning Act, 1961.

9. Disposal of land.-(1) The Board may transfer any land vesting in it and
situate in the area comprised in any housing scheme to the Government in
order to discharge any loan advanced by Government.

(2) Upon such transfer the loan advanced by the Government shall stand
reduced by the amount of the market value of the land so transferred plus
the amount of charges on the establishment for its maintenance and
development.

(3) The Board may lease, sell or otherwise dispose of any land vesting in it
subject to such terms and conditions governing the Housing Scheme
concerned or as may be determined by the Board in each particular case.

10. Conditions of occupation of Housing Accommodation.-The occupation

by any employee of any housing accommodation provided by the Board
shall be subject to the following conditions, namely.-

a. The employee shall pay monthly rent at such rates as may be fixed from
time to time by the Board;
b. He shall pay such increase in the said monthly rent and other charges as
the Board may consider it fit or expedient to impose on account of any
increase in rates, taxes, cesses or other service charges or on account of
any additions or alterations or both to or any conveniences provided;
 c. He shall not allow any refuse to collect in or near the premises and shall
keep the said premise and the outer space, and adjacent streets in a clean
near and tidy condition, to the entire satisfaction of the Board;
d. He shall not make any addition or alterations to the said premises without
the previous written permission of the Board. All the alterations and
additions (including the fixtures) shall become the property of the Board
and upon the termination of the occupancy, the occupant shall not be
entitled to remove the same or in case of non-removal to claim any
compensation in respect thereof: Provided that the Board shall have the full
right to call upon the employee at his expense to remove any such
alteration or addition and to restore the said premises to the same
condition in which they were at the date of the commencement of the
occupation;
e. He shall not assign, sublet or otherwise transfer the possession of the
premises or any part thereof;
f. He shall not keep or store upon the premises any articles of a combustible
or dangerous nature, nor keep any animal or poultry either in the premises
or in the compound around it, if any;
g. He shall allow the Board or its Officers, agents or servants or any other
person duly authorized by the Board to enter upon and inspect the
premises and to carry out such additions and alterations of work on the
premises as may be necessary in the interest of the premises, in the
general interest of any of the occupants of houses located in the area or
generally in the interest of general management, on any day between sun-
rise and sun-set or at any other time if the Board or its Officers, servants or
agents, or the persons so authorized consider it necessary to do so;
h. He shall not cut, lop, or injure trees or large shrubs nor pluck any fruits or
flowers, from the trees standing in the compound or the street;
i. He shall at the end of the occupancy or earlier on determination of
occupancy peaceably and quietly yield up possession of the premises to the
Board in the same condition in which it was at the commencement of the
occupancy, reasonable wear and tear being excepted. The question as to
what is the reasonable wear and tear shall be decided by the Board and the
decision of the Board shall be final and binding. The occupant shall make
good the loss or damages, if any, that might have been caused to the
premises and the Board shall be entitled to adjust the same from the
advance of rent, if available;
j. He shall pay the stamp and registration charges payable in respect of any
document to be executed in favor of the Board.
k. He shall use and occupy the premises for the purposes of residence only by
himself and by the members of his family, and as and whenever required by
the Board, furnish full information about the relationship, age and monthly
income and such other particulars as the Board may require in respect of all
the persons residing with him in the premises;
l. He shall not be entitled to claim any damage from the Board for the loss, if
any, caused by fire or accident or any other reason during his occupation;
m. He shall not use the premises for purposes other than residential, and shall
not use it in such a manner as to cause any inconvenience, nuisance or
annoyance to the adjoining occupants or neighbors. The decision of the
Competent Authority as to whether any act causes such nuisance or not
shall be final and binding on him;
n. He shall not allow water from any tap to run to waste and shall not throw
water or any other thing out of the premises and shall not use or allow to be
used bathrooms or any part of the tenement as a latrine or urinal;
o. If he or any person of his family authorized to occupy the premises ceases
to occupy the premises for a continuous period of 14 days without the
previous permission in writing of the Board, the permission to occupy shall
cease forthwith;
p. If and whenever the monthly rent fixed under condition (a) or any part
thereof shall be in arrears, the same shall be recoverable by the Board as
arrears of land revenue and if such rent or any part thereof shall be in
arrears, for a period of two months whether the same shall have been
legally demanded or not, or if and whenever there shall be breach of any
other provision herein contained the right of occupancy shall be deemed to
be determined and the Board may thereupon re-enter the premises;
q. If he commits breach, of any of the provisions contained in conditions (a) to
(p) he shall for such period during which such breach is continued also be
liable to pay enhanced rent in in respect of the said premises at such rate as
the Board may from time to time determine;
r. The amount of advance rent paid by him, if not forfeited for breach of any
of the conditions shall be refunded to him after the termination of the
occupancy if he shall have duly paid all the rents and fulfilled all the terms
herein contained and after deductions of any sums which may be due and
payable by him to the Board and in case the dues of the Board exceed the
amount of such advance if he undertakes to pay the same immediately. In
the event of any deduction of any sum from the said advance during the
continuance of the occupation, he shall forthwith on demand pay the
amount so deducted and shall throughout the period of occupancy maintain
the amount of advance. The advance shall be in cash and shall bear no
interest;
s. Any matter to be decided by the Board may be decided by, and any notice,
permission or consent to be given by the Board may be given by, the
Competent Authority for the time being or any other Officer duly authorized
by the Board and any communication signed by the said Competent
Authority or other Officer duly authorized by the Board and addressed to
him and sent by registered any conspicuous part of the said premises shall
be considered to be sufficient service;
t. The occupancy may be terminated by either said giving to the other one
months notice in writing. If the occupant leaves the premises without giving
such notice he shall be liable to pay one month. s rent in lieu of such notice
and all other charges due from him as provided herein for the notice period;
u. If the said premises have been licensed to be occupied by him at a
subsidized rent by reason of his being an industrial worker governed by
Section 2(1) of the Factories Act, 1948, the license shall cease forthwith as
soon as he ceases to be an industrial worker;
v. The occupancy shall be subject to the provision of the Act, the rules, the
regulations and the bye-laws framed there under;
w. He shall be bound by changes in or addition to the aforesaid conditions
provided that such changes are made after he is given notice thereof;
x. He shall execute an agreement on appropriate stamp paper incorporating
the above conditions;
y. He shall be subject to eviction from the Board premises for breach of any of
the conditions of occupation under the provision of the Act.
1
[11. Notice.-(1) A show cause Notice under proviso to sub-section (1) of
Section 45 shall be in Form IV.

2. Final notice under sub-section (1) of Section 45 be in Form IV-A.

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

1
[11-A. Procedure in appeals.-(1) An appeal preferred under Section 48 if
the Act shall be in writing, shall set forth concisely the grounds of objection
to the order appealed against, and shall be accompanied by a copy of such
order.
(2) On receipt of the appeal and after calling for and perusing the record of the
proceedings before the Competent Authority, the Appellate Officer shall
appoint a time and place for the hearing of the appeal and shall give notice
thereof to the Competent Authority against whose orders the appeal is
preferred and to the appellant.]1
12. Procedure for taking possession.-(1) For the purpose of taking
possession of the premises under Section 45, the Competent Authority may
after issuing the notice required in the said section and after affording
reasonable opportunity to the occupant of being heard, enter the premises
at any time except before sun-rise or after sun-set.
(2)The Competent Authority may, for purposes of entry under sub-rule (1)
break open any lock and take possession of any articles found in the
premises in the presence of witnesses, if the person concerned refuses to
take possession of such articles.
(3) When the articles are taken possession of under sub-rule (2) a notice shall
be issued to the occupant to receive the said articles after paying such
custody charges as the Competent Authority may fix in each case.
(4) If the person to whom a notice is issued under sub-rule (3) fails to take
possession, the Competent Authority may sell the articles by public auction
and hold the proceeds thereof in deposit at the credit of the person
concerned.
13. Assessment of damages for un-authorized occupation.-(1) In
assessing damages for unauthorized occupation of any premises belonging
to the Board, the competent Authority shall take into consideration the
following matters namely.-

a. the purpose and the period for which the Board premises were in
unauthorized occupation
b. the nature, size and standard of the accommodation available on such
premises;
c. the tent that would have been realized if the premises had been let out for
the period of unauthorized occupation;
d. any damage done to the premises during the period of unauthorized
occupation;
e. any other matter which in the opinion of the Competent Authority is
relevant for the purpose of assessing the damage.

(2) Before assessing the damage the Competent Authority shall give the
person in unauthorized occupation an opportunity of being heard.
14. Preparation and maintenance of Accounts.-1[(1) The forms and
registers prescribed under the Karnataka Public Works Accounts Code shall
be adopted to the extent that they are not inconsistent with the provisions
of the Karnataka Housing Board Act and Rules for maintaining the accounts
of the Board in respect of lands and buildings constructed by the Board. In
respect of other transactions of the Board, the forms and registers
prescribed by the Karnataka Financial Code, 1958, and Manual of
Contingent Expenditure shall be adopted to the extent that they are not
inconsistent with the provisions of the Karnataka Housing Board Act and
Rules.]1

(2) The Board shall publish its annual statement of Receipts and Expenditures
in the Karnataka Gazette, and shall make available copies of the said
accounts for sale at such rates as it may fix from time to time.

15. Fixation of Rent.-(1) The rent in respect of housing accommodation

provided by the Board to an employee under Section 59 shall be fixed
taking into consideration.-

(i) the capital cost of the building;

(ii) the cost of maintenance;

(iii) the Municipal taxes payable;

(iv) Charges for Water supply and Electricity; and (v) Periods during which the
premises remain vacant.

(2) The rate of rent may be revised from time to time by the Board.

16. Register regarding Rent paid by Employer.-(1) Every employer for

whose employee housing accommodation has been provided by the Board
shall maintain a register in Form VII showing details of all deductions made
under clause (ii) of sub-section (5) of Section 59.

(2) The entries in such registers shall be verified by an Officer or an Inspector

of the Housing Board in respect of every month and shall bear his signature
in taken of such verification.

17. Manner of Payment of Rent.-All rents paid to the Board shall be remitted
to the Board by Postal Money Order, cheque or by crediting to a Treasury or
Bank authorized to receive payment as may be intimated by the Board.

18. Standard of Accommodation.-(1) Whenever an employer provides

housing accommodation for his employees after the commencement of the
Act, the size of each building shall be in accordance with the specifications is
mentioned in Form VIII.

(2) The Housing accommodation shall be provided in areas free from in sanitary
condition prejudicial to public health.
 (3) Each Unit of labor houses shall consist of a front verandah with a pial, a
hall, bed room, a kitchen, a bath and a lavatory.

(4) The accommodation provided shall be subject to inspection by the officers

of the Board from time to time sand the employer shall comply with such
directions as the said Officers may give regarding the maintenance of the
accommodation.

19. Returns to be furnished by the employers.-Every employer shall

furnish to the Board or to such Officers as the Board may authorize in this
behalf, the following returns, namely.-

i. a list of all the houses provided by him to his employees and which have
been approved by the Board as being in good habitable condition;

ii. the number of employees in respect of which no housing accommodation is

provided;
iii. the details of the deductions made from the wages of his employee in
respect of rent payable under Section 59.

20. Returns to be furnished by the Board.-The Board shall submit to

Government the following returns, namely.-

I. Quarterly Progress Reports under the several Housing Schemes in such

form as may be laid down by Government from time to time.
II. Annual Progress Reports under the several Housing Schemes;
III. Demand, collection and balanced of rent and loan;
IV. Copies of the minutes of the Board;
V. Annual statement of Receipts and Expenditure.

21. Annual statement to be Published.-The Annual statement of receipts

and expenditure of the Board shall be published in the Karnataka Gazette.
Copies of the said account will be sold at such rates as may be fixed by the
Board from time to time.

22. Super session of the Board.-(1) Before an order superseding the Board
is passed under sub-section (2) of Section 86, the Government shall give
the Board an opportunity of being heard and shall specify in the order the
reasons for making the order and the date from which the super session
shall take effect.

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

(3) Upon an order of super session being made the Chairman and all other
members of the Board shall as from the date specified in the order vacate
their Offices.
 He shall allow the Board or its Officers, agents or servants or any other
person duly authorized by the Board to enter upon and inspect the
premises and to carry out such additions and alterations of work on the
1
[11. Notice.-(1) A show cause Notice under proviso to sub-section (1) of
Section 45 shall be in Form IV.

1. Final notice under sub-section (1) of Section 45 be in Form IV-A.

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

1
[11-A. Procedure in appeals.-(1) An appeal preferred under Section 48 if
the Act shall be in writing, shall set forth concisely the grounds of objection
to the order appealed against, and shall be accompanied by a copy of such
order.

(2) On receipt of the appeal and after calling for and perusing the record of the
proceedings before the Competent Authority, the Appellate Officer shall
appoint a time and place for the hearing of the appeal and shall give notice
thereof to the Competent Authority against whose orders the appeal is
preferred and to the appellant.]

12. Procedure for taking possession.-(1) For the purpose of taking

possession of the premises under Section 45, the Competent Authority may
after issuing the notice required in the said section and after affording
reasonable opportunity to the occupant of being heard, enter the premises
at any time except before sun-rise or after sun-set.

(2)The Competent Authority may, for purposes of entry under sub-rule (1)
break open any lock and take possession of any articles found in the
premises in the presence of witnesses, if the person concerned refuses to
take possession of such articles.

(3) When the articles are taken possession of under sub-rule (2) a notice shall
be issued to the occupant to receive the said articles after paying such
custody charges as the Competent Authority may fix in each case.

FORM I

[See Rule 8]

Housing Programme for the Year

1. Subsidized Industrial Housing Scheme.

(State Budget Provision for ..lakhs)

A. State Government Projects

Sl. Name of No. of Estimated Outlay incurred to Balance in the
No. Project tenements cost the end of March of sanctioned cost
previous year

B. Employers Projects

Sl. Name No. of Estimated Assistance Assistance

No. of tenements cost of disbursed up to
Project Project the end of March
of previous year

Loan Subsidy Total

C. Fresh Projects (in the State Government Sector as well as in the

Employers Sector). Details to be worked out in due course. Lump
sum provision.

Abstract of Requirements Financial positions

Rs. In lakhs

Total A O.B.

Total B Budget Allotment

Total C Total funds available for

expenditure during

II. Low Income Group Housing Scheme,

(Provision in the State Budget for )

Amount required for incomplete works of the Board.

Name of work Estimate Cost Outlay to end of March of

previous year
Total amount required for incomplete works.

Fresh works proposed for.

Name of work Number of houses Probable Cost

Spill Over

Amount required for completion of

Incomplete works

Cash loans by the Board to

Individuals

Total sanction to end of March

of previous year

Total payments to end of March

of previous year

Loans to Local bodies

Total sanctions to end of March

of previous year

Total payments to end of March

of previous year.

Fresh Cases

Fresh works

Cash loans to be sanctioned

 During the year

Grand Total

O.B.

Allotment for

Total funds available for

Expenditure during the

Year.

III. Subsidized Rental Housing Scheme

(Allotment for..lakhs out of the Plan.

provisions of Rs..lakhs under L.I.G.H. Scheme.).

No. of houses Estimated Cost Expenditure

(a) Incomplete
works

(b) Proposed
works

Amount required for incomplete works

Amount required for proposed works.

Financial position.-

O.B. as

Allotment for

Total funds

Available for

Expenditure

During the

Year
IV. Middle Income Group Housing Scheme

(State Budget Provision Rslakhs)

Spill over commitments:

1. Cash loans to individuals.-

Sanctioned

Payments

2. Loans to Local bodies

3. Incomplete works:

Sl. Name of place No. of houses Estimated cost Outlay to end of March
No. of previous year

Fresh sanctions proposed for:

1. Cash loans for (pending applications)

Individuals

2. Cash loans for (Pending applications)

Local Bodies

3. Fresh works to be taken up (details to be

Finalized in due course)

Financial position

O.B.

Allotment for
 (Budget provision)

Total funds available fore

Expenditure during the

Year

V. Plantation Labor Housing Scheme.

Allotment for Rs. Lakhs

Physical target Houses

FORM II

[See Rule 8]

Karnataka Housing Board-Statement A

Budget Estimates for the year 1919 abstract

Receipts Estimate Revised Estimate Actuals Expenditure Columns

for estimate for the for the as on
for the current previous receipts
current year year year
year

Rs. Rs. Rs. Rs.

A. General Administration
Receipts Expenditure

B. Sale Expenditure on
proceeds repairs,
of land maintenance,
Buildings etc.

C. Debts- Capital
Deposits
Advances Expenditure

D. Debts-Deposits
Advances
Total Total
Receipts Expenditure

Opening Closing
Balance Balance

Grand Grand Total

Total

Karnataka Housing Board

Budget Estimates for the year.

Statement B Receipts

Head of account Budget Revised Budget Actuals

Estimates Estimates Estimates for

1 2 3 4 5

A. General Receipts

1. Rent on Buildings

a. Rent on buildings under

S.I.H.S.

b. Rent on buildings under

S.R.H.S.

2. Miscellaneous receipts

3. (a) Subsidy under State

(b) Subsidy under employers

project (S.I.H.Scheme)

(c) Subsidy under rental

housing Scheme

(L.I.G.H.Scheme)

4. Grants from government

 a. Towards Administration

Charges

b. Towards Extra cost on

State Projects

5. Grants, donations and gifts

from Government and other

sources

6. Interest on investments

7. Supervision charges

Total A

B. Capital Receipts

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

Buildings

Total B

C. Debts, Deposits, Advances

1. Deposits

1. (a) Parties contribution

towards construction of

Buildings (S.I.H.S.)

(b) Parties contribution

towards construction of

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

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

Head of account Budget Revised Budget Actuals

Estimates Estimates Estimates for
 Loans from Government:
a. For Subsidized
Industrial

Housing Scheme

b. Do (Employers
Scheme)
c. For Low Income Group

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

d. For Plantation Labour

Housing
Scheme

1. Loans from Government for

Middle

Income Group Housing

Scheme

Loans from government under

Acquisition and
Development

Scheme

6. Loans from other sources

7. Recoveries towards loans granted

under Low Income Group

Housing Scheme.-

Principal

Interest

8. Recoveries towards loans granted

under Middle Income Group

Housing Scheme.-

Principal

Interest

9. Recoveries towards loans granted

under Land acquisition and

Development Scheme.-

Principal

Interest

10. Recoveries towards loans

granted under Employers

Scheme.-

Principal

Interest

11. Recoveries towards loans

granted under.-

Principal

Interest

12. Suspense Accounts.-

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

13. Withdrawals from investment.-

Total C

Total Receipts
 KARNATAKA HOUSING BOARD

Budget Estimate for the year.

Statement C

Expenditure

Head of Account Budget Revised Budget Actuals

Estimate Estimate Estimate for

1 2 3 4 5

A. Administration Expenditure

1. (a) Salary of Officers

(b) Pay of Establishment

(c) Allowance and Honoraria

Allowance to Chairman

Law Charges.-
a. Remuneration to Legal
Adviser
b. Other Law charges

1. Contingencies.-

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

4. Reimbursement of Medical Charges

5. Traveling Allowance.-

6. Audit Charges.-

7. Tools and Plant.-

 Total A Adm. Expenditure

B. Expenditure on Repairs

Maintenance, etc.

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

Total B. Revenue Expenditure

C. Capital Expenditure

A and B Original works and cost of land

Head of Account Budget Revised Budget Actuals

Estimates Estimates Estimate for

1 2 3 4 5

1. Subsidized Industrial Housing

Scheme

2. (a) Low Income Group Housing

Scheme

(General)

(b) S.R.H.S.

3. Middle Income group Housing

Scheme

4. Tools and Plant

Total C Capital Expenditure

D. Debts. Deposits-Advances

1. Loans and Advances to

Individuals and Institutions.-
 a. Loans under Low Income

Group Housing Scheme

b. Loans under Middle Income

group Housing Scheme
c. Loans under Plantation Labor
Housing Scheme
d. Loans under Employers
Scheme
e. Loans under Land Acquisition
and Development Scheme

2. Repayment of Loans drawn from

Government.-

a. Subsidized Industrial

Housing Scheme

b. Low Income Group

Housing Scheme.-

Principal

Interest

c. Middle Income Group

Housing Scheme.-

Principal

Interest

d. Repayment of loan under

"Employers Scheme

Principal

Interest

E. Repayment of loan under Land

Acquisition and Development
Scheme

Principal

Interest

3. Refund of deposits

4. Investments

5. Suspense Accounts:

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

Net transactions including Bicycle

Advance as follows.-

Advances

Granted

Recoveries

Total D:Debts, Deposits, Advances

Total Expenditure

FORM III

[See Rule 8]

Schedule of Staff Provision for 196..196

Sl.No. Designation No. Scale Pay Conveyance Dearness House Special
of of Allowance Allowance rent Pay
Posts Pay Allowance

Statement of details of provision proposed for pay of Officers and fixed contingencies

Sl. Name Designation Reference to the page Sanctioned pay of the post
No. of Estimate form

Minimum Maximum

1 2 3 4 5 6

Actual pay of Amount of provision Increments falling due within the year
Govt. servant due for year at the rate in
on 1st April next Col.4(c)
year

Date of Rate of Amount of

increment increment increment
for the
year

7 8 9 10 11

Total provision T.A. Fixed P.M. Dearness Other fixed allowances Remarks
for the year i.e. T.A. and Allowance such as H.R.A.S.L.A.R.
Total of conveyance and U.A. Water
Columns 5 and Allowance Allowance etc. (Special
6 Pay)

12 13 14 15 16
 1[FORM IV

[See Rule 11]

Form of Show Cause Notice under proviso to sub-section (1) of Section 45 of the
Karnataka Board Act, 1962 (Karnataka Act 10 of 1963)

To

Sri/Srimathi/Kumari.residing at.

Taluk of .District.

(i)*Whereas, you have not paid rents lawfully due from you for more than two

months in respect of the premises described in the Schedule appended

hereto;

(ii) *Whereas, you have sub-let without the permission of the Board the whole
or part of the premises described in the Schedule appended hereto;

(iii) *Whereas you have ceased to occupy the premises and abandoned the
same;

(iv) *Whereas, you are in unauthorized occupation of the premises described in

the schedule appended hereto;

(v) *That you have *..and thereby have acted in contravention

of the terms under which you were authorized to occupy and use the
premises described In the schedule appended hereto.

This notice is issued to you under proviso to sub-section (1) of Section 45 of

the Karnataka Housing Board Act, 1962, to show cause to the satisfaction of
the undersigned within ten days of the receipt of this notice as to why
action should not be taken and order passed against you for eviction from
the premises under sub-section (1) of Section 45 of the Karnataka Housing
Board Act, 1962.

Schedule

Dated. Signature of the Competent Authority

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

**Omit if not applicable.

FORM-IV-A

(Final Notice under sub-section (1) of Section 45 of the Karnataka Housing

Board Act, 1962 (Karnataka Act 10 of 1963).

Whereas, I, the undersigned, am satisfied for the reasons recorded below

that Sri/Srimathi/Kumariresiding at.is/are in
unauthorized occupation of the Board premises specified in the Schedule
below:

Reasons.

1.

2.

3.

4.

Now, therefore, in exercise of the powers conferred on me by sub-section

(1) of Section 45 the Karnataka Housing Board Act, 1962, I hereby order
the said Sri/Srimathi/Kumariand all persons who may be in
occupation of the said premises or any part thereof to vacate the said
premises within one month from the date of service of this order. In the
event of refusal or failure to comply with this order within the period
specified above, the said Sri/Srimathi/Kumari.and all other
persons concerned are liable to be evicted from the said premises, if need
be, by the use of such force as may be necessary.

Schedule

Dated. Signature and seal of the Competent Authority.]1

FORM III

[See Rule 8]

Schedule of Staff Provision for 196..196

Sl.No. Designation No. Scale Pay Conveyance Dearness House Special
of of Allowance Allowance rent Pay
Posts Pay Allowance

Statement of details of provision proposed for pay of Officers and fixed contingencies

Sl. Name Designation Reference to the page Sanctioned pay of the post
No. of Estimate form

Minimum Maximum

1 2 3 4 5 6

Actual pay of Amount of provision Increments falling due within the year
Govt. servant due for year at the rate in
on 1st April next Col.4(c)
year

Date of Rate of Amount of

increment increment increment
for the
year

7 8 9 10 11

Total provision T.A. Fixed P.M. Dearness Other fixed allowances Remarks
for the year i.e. T.A. and Allowance such as H.R.A.S.L.A.R.
Total of conveyance and U.A. Water
Columns 5 and Allowance Allowance etc. (Special
6 Pay)

12 13 14 15 16
 1[FORM IV

[See Rule 11]

Form of Show Cause Notice under proviso to sub-section (1) of Section 45 of the
Karnataka Board Act, 1962 (Karnataka Act 10 of 1963)

To

Sri/Srimathi/Kumari.residing at.

Taluk of .District.

(i)*Whereas, you have not paid rents lawfully due from you for more than two

months in respect of the premises described in the Schedule appended

hereto;

(ii) *Whereas, you have sub-let without the permission of the Board the whole
or part of the premises described in the Schedule appended hereto;

(iii) *Whereas you have ceased to occupy the premises and abandoned the
same;

(iv) *Whereas, you are in unauthorized occupation of the premises described in

the schedule appended hereto;

(v) *That you have *..and thereby have acted in contravention

of the terms under which you were authorized to occupy and use the
premises described In the schedule appended hereto.

This notice is issued to you under proviso to sub-section (1) of Section 45 of

the Karnataka Housing Board Act, 1962, to show cause to the satisfaction of
the undersigned within ten days of the receipt of this notice as to why
action should not be taken and order passed against you for eviction from
the premises under sub-section (1) of Section 45 of the Karnataka Housing
Board Act, 1962.

Schedule

Dated. Signature of the Competent Authority

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

**Omit if not applicable.

FORM-IV-A

(Final Notice under sub-section (1) of Section 45 of the Karnataka Housing

Board Act, 1962 (Karnataka Act 10 of 1963).

Whereas, I, the undersigned, am satisfied for the reasons recorded below

that Sri/Srimathi/Kumariresiding at.is/are in
unauthorized occupation of the Board premises specified in the Schedule
below:

Reasons.

1.

2.

3.

4.

Now, therefore, in exercise of the powers conferred on me by sub-section

(1) of Section 45 the Karnataka Housing Board Act, 1962, I hereby order
the said Sri/Srimathi/Kumariand all persons who may be in
occupation of the said premises or any part thereof to vacate the said
premises within one month from the date of service of this order. In the
event of refusal or failure to comply with this order within the period
specified above, the said Sri/Srimathi/Kumari.and all other
persons concerned are liable to be evicted from the said premises, if need
be, by the use of such force as may be necessary.

Schedule

Dated. Signature and seal of the Competent Authority.]1

THE KARNATAKA HOUSING BOARD (AMENDMENT) RULES, 1967

GSR 322.-In exercise of the powers conferred by Section 74 of the

Karnataka Housing Board Act, 1962 (Karnataka Act 10 of 1963) the
Government of Karnataka hereby makes the following rules to amend the
Karnataka Housing Board Rules, 1964, the draft the same having been
published as required by sub-section (1) of the said section in Notification
 No. GSR 71, dated 24th January, 1967 in Part IV, Section 2-C(I) of the
Karnataka Gazette, dated 9th February, 1967, namely.-

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

Rules, 1967.
2. Amendment of Rule 3.-In Rule 3 of the Karnataka Housing Board Rules,
1964 (thereinafter referred to as the said rules), for sub-rule (2) of the
following sub-rule shall be substituted, namely.-

"(2) A member of the Board shall be entitled to a sitting fee of rupees

twenty only per day of sitting, and daily allowances and traveling allowance
at the rates specified in List A of the Annexure to Annexure A to the
Karnataka Civil Service Rules, when he is required to be present at a place
in connection with the business of the Board.

Provided that no member whose ordinary place of residence is within the

municipal or panchayat limits of the place at which he is required to be
present shall draw daily allowance and traveling allowance for attending the
business of the Board.

Provided further that no member shall be entitled to both daily allowance

and sitting allowance fee for the same day.

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

"11. Notices.-(1) A show Cause Notice under proviso to sub-section (1) of

Section 45 shall be in Form IV.

1. Final notice under sub-section (1) of Section 45 be in Form IV A.

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

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

"11-a. Procedure in appeals.-(1) An appeal preferred under Section 48 of the

Act shall be in writing, shall set forth concisely the grounds of objection to
the order appealed against, and shall be accompanied by a copy of such
order.

(2) On receipt of the appeal and after calling for and perusing the record of the
proceedings before the Competent Authority, the Appellate Officer shall
appoint a time and place for the hearing of the appeal and shall give notice
thereof to the Competent Authority against whose orders the appeals is
preferred and to the appellant.

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

FORM IV
 [See Rule 11]

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

of the Karnataka Housing Board Act, 1962 (Karnataka Act 10 of 1963)

To

Sri/Srimathi/Kumariresiding at .Taluk

OfDistrict.

i. *Whereas, you have not paid rents lawfully due from you for more
than two months in respect of the premises described in the Schedule
appended hereto;
ii. *Whereas, you have sub-let without the permission of the Board the
whole or part of the premises described in the Schedule appended
hereto;
iii. *Whereas you have ceased to occupy the premises and abandoned the
same;
iv. *Whereas, you are in unauthorized occupation of the premises
described in the schedule appended hereto;
v. *That you have * and thereby have acted in
contravention of the terms under which you were authorized to occupy
and use the premises described in the schedule appended hereto.

This notice is issued to you under proviso to sub-section (1) of Section 45 of

the Karnataka Housing Board Act, 1962, to show cause to the satisfaction of
the undersigned within ten days of the receipt of this notice as to why action
should not be taken and order passed against you for eviction from the
premises under sub-section (1) of Section 45 of the Karnataka Housing Board
Act, 1962.

Schedule

Dated. Signature of the Competent Authority

FORMS IV-A

(Final Notice under sub-section (1) of Section 45 of the Karnataka Housing

Board Act, 1962 (Karnataka Act 10 of 1963).

Whereas, I, the undersigned, am satisfied for the reasons recorded below that
Sri/Srimathi/Kumariresiding at.is/are in unauthorized
occupation of the Board premises specified in the Schedule below:
 Reasons.

1.

2.

3.

4.

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

of Section 45 of Karnataka Housing Board Act, 1962, I hereby order the said
Sri/Srimathi/Kumari.and all persons who may be in occupation
of the said premises or any part thereof to vacate the said premises within
one month from the date of service of this order. In the event of refusal or
failure to comply with this order within the period specified above, the said
Sri/Srimathi/Kumari.and all other persons concerned are liable to
be evicted from the said premises, if need be, by the use of such force as
may be necessary.

Schedule

Dated Signature and seal of the Competent Authority.

THE KARNATAKA HOUSING BOARD (AMENDMENT) RULES, 1971

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

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

And, whereas, no objections or suggestions have been received by the State

Government on the said draft.

Now, therefore, in exercise of the powers conferred by Section 74 of the

Karnataka Housing Board Act, 1962 (Karnataka Act 10 of 1963), the
Government of Karnataka hereby makes the following rules, namely.-

1. Title and commencement.-(1) These rules may be called the Karnataka

Housing Board (Amendment) Rules, 1971.
 (2) They shall come into force at once.

2. Amendment of rule 3.-In Rule 3 of the Karnataka Housing Board Rules,

1964 (hereinafter referred to as the said rules), for clause (b), the following
clause shall be substituted, namely.-

"(b) if he an Officer of the Government the salary and allowances admissible to

him from time to time as a member of the State Civil Service or the All
India Services as the case may be".

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

"Provided that if the Chairman is an Officer of the Government he shall be

entitled to leave in the same manner and subject to the same terms and
conditions as are applicable to him from time to time as an officer of the
State Civil Service or the All India Services, as the case may be".

THE KARNATAKA HOUSING BOARD (AMENDMENT) RULES, 1972

GSR 44.-In exercise of powers conferred by Section 74 of the Karnataka

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

1. Title and commencement.-(1) These rules may be called the Karnataka

Housing Board (Amendment) Rules, 1972.

(2) They shall come into force at once.

2. Amendment of Rule 3.-In sub-rule (2) of Rule 3 of the Karnataka Housing

Board Rules, 1964.-

i. for the words "rupees twenty" the words rupees forty" shall be substituted,
and
ii. after the second proviso, the following proviso shall be inserted, namely:
 "Provided also a member may perform road journey in his own car between
places connected by rail and claim road mileage both ways. In respect of
such journey the member shall certify in the bill that he has performed the
journey in his own car".

THE KARNATAKA HOUSING BOARD (AMENDMENT) RULES, 1974

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

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

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

draft by the State Government.

Now, therefore, in exercise of the powers conferred by Section 74 of the

Karnataka Housing Board Act, 1962 (Karnataka Act 12 of 1963), the
Government of Karnataka hereby makes the following rules, namely.-

1. Title and commencement.-(1)These rules may be called the Karnataka

Housing Board (Amendment) rules. 1974.

(2) They shall come into force at once.

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

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

1
THE KARNATAKA HOUSING BOARD (AMENDMENT) RULES, 1976

` GSR 180.-Whereas, a draft of the rules further to amend the Karnataka

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

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

draft.

Now, therefore, in exercise of the powers conferred by Section 74 of the

Karnataka Housing Board Act, 1962 (Karnataka Act 10 of 1963), the
Government of Karnataka hereby makes the following rules, namely.-

1. Title and commencement.-(1) These rules may be called the Karnataka

Housing Board (Amendment) Rules, 1976.

(2) They shall come into force at once.

2. Amendment of Rule 3.-In sub-rule (2) of Rule 3 of the Karnataka Housing

board Rules, 1964, for the words "Rupees forty" the words "rupees seventy
five" shall be substituted.

THE KARNATAKA HOUSING BOARD (AMENDMENT) RULES, 1978

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

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

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

draft;

Now, therefore, in exercise of the powers conferred by Section 74 of the

Karnataka Housing Board Act, 1962 (Karnataka Act 10 of 1963), the
Government of Karnataka hereby makes the following rules, namely:

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

(2) They shall come into force at once.

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

(2) For the execution of works or the supply of any materials or goods by or
on behalf of or in favor of the Board, the rules and forms prescribed by the
Karnataka Public Works Department in respect of tenders and contracts, shall
be followed to the extent that they are not inconsistent with the provisions of
the Karnataka Housing Board Act and Rules.

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

(1) The forms and registers prescribed under the Karnataka Public Works
Accounts Code shall be adopted to the extent that they are not inconsistent
with the provisions of the Karnataka Housing Board Act and Rules for
maintaining the accounts of the Board in respect of lands and buildings
constructed by the Board. In respect of other transactions of the Board, the
forms and registers prescribed by the Karnataka Financial Code, 1958, and
Manual of Contingent Expenditure shall be adopted to the extent that they are
not inconsistent with the provisions of the Karnataka Housing Board Act and
Rules.

By Order and in the name

Of the Governor of Karnataka

L. B. Mannikatti,
Special Officer & Ex-officio
Deputy Secretary to Government Housing and
Urban Development Department (Housing)

1
THE KARNATAKA HOUSING BOARD (AMENDMENT) RULES, 1978

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

And, whereas, the said Gazette was made available to the public on the 9th
February, 1978.
 And, whereas, no objections or suggestions have been received on the said
draft by the State Government.

Now, therefore, in exercise of the powers conferred by Section 74 of the

Karnataka housing Board Act, 1962 (Karnataka Act 10 of 1963) the
Government of Karnataka hereby makes the following rules namely.-

1. Title and commencement.-(1) These rules may be called the Karnataka

Housing Board (Amendment) Rules, 1978.

(2) They shall come into force at once.

2. Insertion of new Rule 4-A.-After Rule 4 of the Karnataka Housing Board

Rules, 1964, the following rules shall be inserted, namely.-

"4-A. Appointment of Officers and servants of the Board.-It shall not be

necessary to consult the Karnataka Public Service Commission before
making appointment to the following posts under the Board, namely.-

1. Shroffs;
2. Peons;
3. Drivers;
4. Dalayats;
5. Typists;
6. Stenographers;
7. Bill Collectors;
8. Watchman;
9. Gardners;
10. Sweepers; and
11. Appointment of Government Servants on deputation.

By Order and in the name

Of the Governor of Karnataka

U. Anantha Padmanabha Rao

Under Secretary to Government Housing and
Urban Department

1
THE KARNATAKA HOUSING BOARD (AMENDMENT) RULES, 1982

GSR 103.In exercise of the powers conferred by Section 74 read with sub-
section (2) of Section 10-A of the Karnataka Housing Board Act. 1962
(Karnataka Act 10 of 1963), the Government of Karnataka, hereby makes the
following rules, the draft of the same having been published as required by
sub-section (1) of the said section in Notification No. GSR 243, dated 6th
November, 1981 in Part IV, Section 2-C(I) and as amended in corrigendum
 No. GSR 247, dated 13th November, 1981 in Part IV, Section 2-C(I) of the
Karnataka Gazette, Extraordinary, dated 13th November, 1981.

1. Title and commencement.-(1) These rules may be called the Karnataka

housing Board (Amendment) Rules, 1982.

(2) They shall come into force at once.

2. Amendment of Rule 5.-Rule 5 of the Karnataka Housing Board rules, 1964,

shall be renumbered as sub-rule (1) and after sub-rule (1) as so
renumbered, the following sub-rule shall be inserted, namely.-

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

SCHEDULE A

For Officials of Karnataka Housing Board Authority which may impose

penalty as per Rule 8 of K.C.S (C.C & A.) Rules, 1957

Class of Posts Authority Authority empowered to Appellate

empowered impose penalties and Authority
to appoint penalties which he may
impose

Authority Penalties
(Rule 8)

1 2 3 4 5 6

1. Revenue Office, Housing Secretary Ii to iv Housing

Commissioner Housing Commissioner
General Assistant, Commissioner V to viii Chairman

Manager and

Superintendents

2. First Division -do- -do- -do- -do-

Clerks,

Stenographers,
 Inspectors

3. Second Division -do- -do- -do- -do-

Clerks,

Typists, Sheroffs,

Telephone
Operators,

Bill Collectors,

Electricians and
Drivers

4. Attenders, -do- -do- -do- -do-

Daffedars,

Lift Attenders,

Gardeners Peons,

Cleaners,
Watchmen,

Sweepers, Blue
Printers

For the Staff of Divisional and Sub-Division Offices

5. I Division Clerks, Housing Executive Ii to iv Housing

Commissioner Engineer, Commissioner
Stenographers, Ii Housing Chairman
Commissioner
Division Clerks, V to viii

Inspector, Typists,

Drivers, Bill
Collectors

6. All class IV Posts Housing Executive 1 to iv Housing

Commissioner Engineer, Commissioner
Housing Chairman
Commissioner
v to vii
 SCHEDULE B

Officials lent to K.H.B. (Non-Gazetted Officers) Authority which may impose

penalty as per Rule 8 of K.C.S. (C.C. & A.) Rules, 1957

Class of Posts Authority Authority empowered to Appellate

empowered impose penalties and Authority
to appoint penalties which he may
impose

Authority Penalties
(Rule 8)

(1) (2) (3) (4) (5)

1. Assistant Engineer, Housing Secretary Ii to iv Housing

Commissioner Housing Commissioner
Junior Engineer, Commissioner V to viii Chairman

Draftsman, Tracers

(in Head Office)

2. Accounts " " " "

Superintendents

Taluk Sheristedar-
cum-super-
intendents, I
Division Clerk,
Stenographers
Revenue
Inspectors and
Surveyors

3. II Division Clerks " " " "

For the Staff of Divisional and Sub-Division Offices

4. Assistant Engineer, Housing Executive Ii to iv Housing

Commissioner Engineer, Commissioner
Junior Engineer, Housing Chairman
Commissioner
Draftsman, V to viii
Tracers,

I Division Clerk
Stenographers, Ii

Division Clerks

THE KARNATAKA HOUSING BOARD (BORROWING SUMS BY ISSUE OF

DEBENTURE) RULES, 1967

CONTENTS

Rules Page No.

1. Title and commencement 705

2. Definitions.. 705

(a) Act 705

(b) Debenture... 706

3. Borrowing of sums by the Board 706

4. Reservation of Debentures. 706

5. Application. 706

6. Subscriptions. 706

7. Value of Debentures 706

8. Conditions subject to which debentures may be issued 707

FORM. 707-708

GSR 549.-In exercise of the powers conferred by Section 74 of the Karnataka

Housing Board Act, 1962 (Karnataka Act 10 of 1963), the Government of
Karnataka hereby makes the following rules, the draft of the same having
been published is required by sub-section (I) of the said Section in
Notification No. GSR 270, dated 15th June, 1967 in Part IV, Section 2-C(I) of
the Karnataka Gazette, dated the 22nd June, 1967, namely.-
1. Title and commencement.-(1) These rules may be called the Karnataka
Housing Board (Borrowing sums by issue of Debenture) Rules,
1967.

(2) They shall come into force at once.

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

a. "Act" means the Karnataka Housing Board Act, 1962;

b. "Debenture" means a security document issued by the Board for the
borrowed money.

3. Borrowing of sums by the Board.-(1) The Board may with the previous
sanction of the State Government borrow moneys by issuing debenture, for
the purpose of the Act.

(2) The total amount of debenture to be issued, issue price, form of debenture
and the date of maturity shall be determined by the Board from time to
time with the prior approval of Government.

(3) The rate of interest shall be such as may be fixed from time to time by the
State Government.

(4) Debentures issued shall be guaranteed by the State Government as to the

repayment of principal and payment of interest.

(5) A sinking fund shall be constituted for redemption of the debentures.

(6) These Debentures are negotiable by endorsement and delivery.

4. Reservation of Debentures.-(1) The Board may, with the sanction of the

State Government, reserve the debenture bonds for issuing to any
particular Bank or Banker.

(2) Brokerage at such as may be fixed by the Board from time to time, shall be
paid to Banks, Brokers and authorized Agents on their application and also
on application received through them, bearing their seal, provided the total
subscription received from them is not less than such sum as may be
determined by the Board.

(3) Underwriting Commission at such rates as may be determined by the Board

shall be paid to Bankers and Brokers who invest a sum of not less than the
minimum amount that may be fixed by the Board.

5. Application.-Applications for the issue of debentures shall be made to the

Board in the form appended to these rules.

6. Subscriptions.-(1) Subscriptions to the debentures may be made by

cheques or demand drafts drawn in favor of the Chairman of the Board. In
respect of cheques drawn on banks other than those at Bangalore City,
commission and collection charges as may be fixed by the Board shall be
 paid. The debentures shall be issued only after the subscriptions are fully
realized.

(2) If the subscriptions exceed the total amount of the debentures to be issued,
partial allotment may be made and the balance of the sum paid at the time
of application shall be refunded as soon as possible. No interest shall be
paid on the amounts so refunded. The Board may, reserve the right to
retain the subscription received upto ten per cent in excess of the sum
floated.

7. Value of Debentures.-The debentures shall be issued in denominations of

Rs. 100, Rs. 500, Rs. 1,000, Rs. 5,000, Rs. 10,000, Rs. 25,000, Rs. 50,000
and Rs. 1,00,000.

8. Conditions subject to which debentures may be issued.-(1) The

interest in the debentures shall be paid half yearly. The interest is subject to
the payment of income tax.

(2) The debentures shall be redeemable at par on the dates noted therein and
the holder shall have no claim upon the Board for the interest accruing after
the expiry of term.

(3) Debentures which by reason of damage sustained have become unfit for
circulation shall be replaced at the request of the holder on surrendering the
damaged or defaced debenture, provided that the essential marks for
genuineness and identity such as the number, the amount, the rate of
interest, the date and signature of the Chairman and the member of the
Board are still recognizable. Fresh debentures shall also be issued to replace
lost or destroyed debentures when in the opinion of the Board, the fact of
destruction is proved beyond doubt. When such proof is not produced or
when in case of damage the essential marks on the debenture are lost and
no longer recognizable, or when the debenture has been lost or has been
mislaid, a new debenture may be issued only after the debenture which is
alleged to be missing or unrecognizable, has been advertised by the claim
and in the manner specified by the Board and is not claimed by any other
person.

(4) The re-issue of a debenture shall be made for the same amount under the
same number with the addition of the word Renewed". A fee of rupee one
shall be charged for every renewed debenture thus issued.

Form of Application

[See Rule 5]

Karnataka Housing Board

Application for debentures.per cent

 years 1919

To

The Chairman,

Karnataka Housing Board,

Bangalore.

Dear Sir,

Issue of 19.19.Years debentures..

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

I/We hereby apply for debentures of the face value of Rsof the above issue.
Debentures of the denominations noted below may kindly be issued for the
amount.

Denomination No. of bonds Amount

Rs.

100

500

1,000

5,000

10,000

25,000

50,000

1,00,000

I/We send herewith/have paid a deposit of Rs(Rupees.only)

through..for the debentures applied for.

I/We undertake to accept the same or debenture for any lesser amount. The
interest may be made payable at:

1..

2.
 3. At the Chairmans Office, Bangalore (by pressing the bonds on the due
dates).

Note:-Strike the portion not required.

Name/Names in full.

In Block letters.

Address in full..

Yours faithfully,

Signature.

Note.-

1. The name in which the bonds are required should be mentioned in

block letters. If the bonds are to be held in joint names, the order in
that the names are to be written should be given. In the case of an
institution the bonds will be issued in the name of the institution itself.
2. Specific mention should be made of the Bank or Office and the place
where the interest on debentures is to be drawn.

THE KARNATAKA HOUSING BOARD (ALLOTMENT) REGULATIONS, 1983

CONTENTS

Regulations
Page No.

1. Title ... 710

2. Definitions. 710

(a) Act 710

(b) Allotment. 710

(c) Allottee. 710

(d) Board... 710

 (e) Government 710

(f) House... 710

(g) Sites. 710

(h) Income. 710

(i) Economically Weaker Section Group and Low Income 710

Group.

(j) Middle Income Group 711

(k) Higher Income Group 711

(l) Price of the Sire.. 711

(m) Stray site/house 711

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

4. Reservation of sites/houses.. 712

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

5. Allottees to be a Lessee. 713

6. Application 713

7. Registration Application.. 715

8. Eligibility for Allotment. 715

9. Procedure for Allotment.. 716

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

11. Revision of Price.. 718

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

13. Allotment of Houses on Outright sale basis 719

14. 720

15. 720

16. 720

AMENDMENT REGULATIONS .. 721-722

 1
[HOUSING AND URBAN DEVELOPMENT SECRETARIAT

Regulations for allotment of houses constructed by the Karnataka

Housing Board Revision of

Read:

1. Government Order No. DPC 91 DGB 66 dated 23rd February 67.

2. D.O. Letters No. KHB/ADM3/121/82-83 dated 18th March Karnataka
Housing Board, Bangalore.

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

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

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

By Order and in the name of the

Governor of Karnataka,

R.S. SUJATHA
Deputy Secretary to Government,
HUD Department,
Housing.

APPENDIX TO GOVERNMENT ORDER NO. HUD 31 LIH 77

DATED 7TH JULY 1983

In exercise of the powers conferred by Section 76 of the Karnataka Housing

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

KARNATAK HOUSING BOARD ALLOTMENT REGULATIONS 1983

(As amended by G.O.No. HUD 64 KHB 84, dated 14-8-1984 and GSR 64,
dated 31-3-1994)
1. Title.-(1) These regulations may be called the Karnataka Housing Board
(Allotment) Regulations, 1983.

These Regulations shall come into force at once.

2. Definitions.-In these regulations, unless the context otherwise requires.-

a. "Act" means the Karnataka Housing Board Act, 1962 (Karnataka Act
10 of 1963);
b. "Allotment" means sale of a site/house under these regulations.
c. "Allotted" means a persons to whom an allotment is made under
these regulations and includes heirs of such allot tee;
d. "Board" means Karnataka Housing Board;
e. "Government means the Government of Karnataka;
f. "House" means a dwelling unit whether detached, semi-detached or
part of a row which can be allotted as a unit along with its land under
these regulations and shall also include a flat;
g. "Sites" means sites formed in the layouts by the Board with different
dimensions determined by the Board for being allotted to persons
belonging to Economically Weaker Section, Low, Middle and Higher
Income Groups of People, including shop sites and Industrial sites to
be allotted to individuals or institutions;
h. "Income" means the gross household income of the applicant and his
wife/her husband;
i. "Economically Weaker Section Group and Low Income Group"
means the class of persons whose annual income does not exceed
rupees seven thousand two hundred.

OR

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

time.

j. "Middle Income Group" means the class of persons whose annual

income exceeds Rs. 7,200/- but does not exceed Rs. 18,000

OR

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

time.

k. "Higher Income Group" means the class of persons whose annual

income exceeds Rs. 18,000/- but does not exceed Rs. 50,000

OR

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

time.

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

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

3. Offer of Sites/Houses for allotment.-(1) Whenever Board has

formed sites and constructed houses in pursuance of any scheme,
the Board may offer all or any of sites/houses for allotment to person
eligible for allotment under these regulations.

(2) Due publicity shall be given in respect of sites/houses for allotment

specifying their location, number of sites/houses, the amount
payable as Earnest Money Deposit/Registration Fee and such other
particulars as the Board may consider necessary, by:

a. Affixing Notices:

i. On the notice Board of the Office of the Karnataka Housing Board;

ii. On the Notice Board of the Divisional, Sub-Divisional Office(s) of the
Karnataka housing Board in whose area the sites/houses are to be
allotted;
iii. On the Notice Board of the Taluk office/Taluk Development Board
office in whose area the sites/houses are to be allotted.

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

4. Reservation of sites/houses.-1[The Board may on their own or under

directions from Government reserve sites/houses in any area for allotment
to any specified class of persons and such class of persons may consist of
employees in any office or establishment in the City, Town or other places
in which the sites are formed/houses are constructed. There shall be
reserved in each area where house/sites are notified a discretionary quota
up to 10 per cent in each category of house/sites, subject to a maximum of
which may be disposed by the Board at its discretion, with the prior
approval of the Government.]
(2) Where sites/houses are reserved under clause (1) the procedure to be
followed for allotment shall be such as may be determined by the Board
from time to time or as may be directed by the Government.

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

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

5. Allot tees to be a Lessee.-Allot tee of a site/houses notified under these

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

6. Application.-(I) Applications for allotment of sites/houses on lease-cum-

sale basis by persons belonging to Economically weaker sections, Low
Income Group, Middle Income Group and Higher Income Group shall be in
the form for the being approved by the Board which may be obtained from
the office of the Board on payment of an amount prescribed by the Board
which is not refundable. Application shall be accompanied by.-

a. Bank Draft for having deposited as Earnest Money Deposit/Registration

Fee a sum of Rs. 1000 in respect of urban Housing EWS and LIG (A)
houses and Rs. 2,000 for Urban Housing EWS and LIG (B) houses, a
sum of Rs. 5,000/- MIG and a sum of Rs. 10,000 for HIG houses;
b. When the applicant is an assessee to income tax, an assessment order
on the income for the year preceding the year of application.
c. When the applicant is not an assessee to income tax but a
Government servant or an employee in any concern and is not in
receipt of income from lands or other sources, a certificate from his
official superior about his annual income;
d. When the applicant is not an assessee to income tax nor is a
Government servant or an employee in any concern, but is in receipt
of income from lands, a certificate as regards his annual income from
lands from a Revenue Officer, not below, the rank of a Tahsildar of a
Taluk;
e. When the applicant is neither an employee of Government nor any
concern and he is not in receipt of income from lands, an affidavit as
regards his annual income duly sworn to before a judicial
Magistrate/notary public;
f. When the applicant is an employee as well as a recipient of agriculture
income, a certificate from the employer as well as certificate from the
Tahsildar of the taluk regarding agricultural income.

Note.-If the wife/husband of the applicant has independent income,

then a certificate regarding his/her income duly supported by the
income tax assessment order or employers certificate or an affidavit
as the case may be shall also be produced along with the applications.
 g. When the applicant belongs to scheduled caste, scheduled tribe and
Backward tribe, a certificate from an officer of the social welfare officer
or a Tahasildar, or a member of legislature or parliament or from a
Gazette Government servant under whom he/she is employed;
h. When the applicant is a physically handicapped person, a certificate
from a Government Doctor, not lower in rank than an Assistant
Surgeon.

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

(iii) The Earnest Money Deposit/Registration fee shall be refunded, if no

allotment of sites/houses is made to the applicant, only after the allotment
of sites/houses is decided by the board.

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

(v) The Earnest Money Deposit/Registration Fee paid by other unsuccessful

applications will be refunded and they will not be entitled to any interest on
the Earnest Money Deposit/Registration Fee.

7. Registration Application.-(a) Application for allotment of sites/houses

should be registered as and when they are received in a chronological order
in a register to be prescribed by the Board showing the full details of
applications. The applications received will be examined under Rule 8 below
and a Registration Certificate issued to all the eligible applicants;

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

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

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

Provided that the Board may relax this condition, in the case of employees
of State Government and other Corporations, Local Bodies or other
Institutions owned or controlled by the State Government who are
 transferable from one place to another, but intend to permanently settle in
the City/Town/or other authority in the State of Karnataka.

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

(3) Who or whose husband/wife/minor children own a house or site in any

urban area Municipality in Karnataka State.

Explanation.-For the purpose of this rule authority means the Bangalore

Development Authority, City Improvement Boards constituted under the
Karnataka Improvement Board Act, 1976 Municipal Corporations, Municipal
councils or any other local authority.

9. Procedure for Allotment.-All the applications for particular category of

house/sites such as Higher Income Group Middle Income Group, Low
Income Group of Economically Weaker Section received for allotment of a
house/site in each area shall be classified into the following categories;

a. Scheduled Caste/Schedule Tribe and Backward Tribe;

b. Defence Personnel/Ex-serviceman;
c. Physically handicapped persons;
d. State Government servants (including employees of Local Bodies,
Employees of State Government undertakings, University);
e. Central Government servants (excluding defence personnel but
including employees of public sector undertakings, L.I.C., etc.); and
f. Others

The notified house/sites, after reserving the Boards discretionary quota as

specified in Rule 4(1) in each area for each category of house, shall be
earmarked to the above categories as follows.-

a. Scheduled Caste/Scheduled Tribe/

Backward Tribe 18%

b. Defence Personnel including

Ex-servicemen 5%

(c) Central Government Employees 5%

(d) State Government employees 15%

(e) Physically handicapped persons 2%

 (f) Others 55%

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

a. the Housing commissioner shall make arrangements for drawl of lots among
all the eligible applicants. Notice of not less than 7 days specifying the date,
time and venue of the drawl of lots shall be given to the applicants by
publication in the Local News Papers;
b. Lots shall be drawn separately for the houses/sites earmarked for each
category scheme wise in the Office of the concerned Executive Engineer,
Karnataka Housing board Division or any other suitable place, in the presence
of eligible applicant s, who may wish to be present at the time of drawl of
lots;
c. Lots shall be simultaneously drawn and recorded in respect of houses/sites
and applicants and the number of applicants who have succeeded in the lots
shall be arranged indicating the house number/site number whish has been
drawn by lots against that applicant;
d. After drawl of lots under Clause C further lots may be drawn to an extent of
10% of the number of house/sites available for allotment and selected
persons shall be kept under waiting list. Persons kept under waiting list will be
allotted house/site, in case the persons selected under clause (c) fail to pay
the Initial Deposit or take possession of the house/site as the case may be.

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

10 Revocation of Proposal for Allotment of Sites/Houses.-(1) The Board

or any Officer authorized by it, may at any time for reasons to be recorded,
revoke or cancel or modify any proposal to dispose of any site/house, if it is
necessary to do so.

(2) When a revocation or cancellation or modification is made under clause (1),

the applicant concerned shall be given the option to apply for other
sites/house and any application made accordingly shall be considered along
with the other applications for sites/houses.

11. Revision of Price.-The Board is competent to revise the price of the

site/house at any time, for any reason which discloses that the price fixed
provisionally is less than what it should be. The decision of the Board in this
behalf is final.
12. Conditions of Allotment on lease-cum-sale basis.-(1) The allottee shall
pay as Initial Deposit to the Board, the difference between the cost of the
house as provisionally determined by the Board less registration fee paid,
and the loan admissible, in four equal installments. The first installment is
payable within 30 days from the date of receipt of the provisional intimation
of allotment and the subsequent 3 installments on or before the date
indicated in it.

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

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

(4) If no payment of Initial Deposit/Revised price of the house is made, within

the time stipulated in clause (1) or extended under clause (2) above, the
allottee shall lose his right to claim the allotment of house/site and the
allotment shall be deemed to have been cancelled and 25% of the Earnest
Money Deposit/Registration Fee made by him shall be forfeited to the
Board.

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

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

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

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

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

(3) For MIG Housing Scheme 12 years

(4) For HIG Housing Scheme 10 years

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

a. The method of recovery of price with interest shall continue to be in

monthly equated installments as per Archers table;
b. The balance of price outstanding before the date on which the option is
exercised shall be treated, for calculation purposes, as fresh balance of
sale price and will be effective from the commencement of the next
accounting date;
c. The rate and the amount of interest recovered from the allottee prior
to the exercise of the option, will remain unchanged and unaffected
subject to provisions of clause (8) below.-

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

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

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

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

13. Allotment of Houses on Outright sale basis.-Wherever, the Board has

notified houses/sites for allotment on outright sale basis, the allottee shall
pay the entire cost of the house as determined by the Board before
executing the lease-cum-sale agreement. The conditions in Rule 13(I) to (v)
will apply mutatis mutandis to these allottee also.
14. The site/house allotted shall not be conveyed or alienated by sale, transfer,
mortgage, gift or otherwise by the allottee during the tenure of the lease
which shall be 10 years even though the allottee pays the entire price
together with interest within a shorter period:

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

15. No sale deed shall be executed in favor of an allottee in respect of

site/house allotted until the entire cost of the site/house together with
interest thereon has been paid in full and a minimum lease period of 10
years is completed:

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

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

Amendment to the Karnataka Housing Board (Allotment)

Regulations, 1983

READ.-

1. G.O.No. HUD 31 LIH 77, dated July, 1983.

2. D.o. Letter No. KHB/RC/PS/194/1983-84, Dated 24th January, 1984 of
the Housing Commissioner, Karnataka Housing Board, Bangalore.

Preamble:

Under the Government order read at (1) above, the Revised Allotment
Regulations of the Karnataka Housing Board have been published. According
to these regulations, where the number of applications under each category
exceed the number of houses reserved for the, the allotment shall be made
by drawl of lots. However, in each area where house/sites are notified, there
 shall be a discretionary quota up to 10% in each category, subject to a
maximum of 10 which may be disposed of by the Board at its discretion with
the prior approval of the Government.

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

The Government has examined the proposal to enhance the discretionary

quota of the Board.

Government Order No. HUD 64 KHB 84, Bangalore,

dated 14th August, 1984

Government are pleased to amend sub-rule (1) of Rule 4 of the Karnataka

Housing Board (Allotment) Regulations, 1983 approved in Government order,
dated 7th July, 1983 substituting the following:

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

1
[THE KARNATAKA HOUSING BOARD (ALLOTMENT)
(FOURTH AMENDMENT) REGULATIONS, 1983

NOTIFICATION

No. HUD 712 KHB 93, Bangalore, dated 31st March 1994.

G.S.R. 64: In exercise of the powers conferred by Section 76 of the

Karnataka Housing Board Act, 1962 (Karnataka Act 10 of 1963), the
Government of Karnataka hereby makes the following rules further to amend
the Karnataka Housing Board (Allotment) Regulations, 1983 namely:

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

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

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

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

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

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

(m) the following clause shall be inserted, namely:

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

4. Insertion of new rule 4A: After Rule 4 of the principal Regulations, the
following Rule shall be inserted namely:

4A. Allotment of stray sites/houses: The Karnataka Housing Board shall

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

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

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

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

By order and in the name of the

Governor of Karnataka

K.H. NAJEGOWDA,
Under Secretary to Government,
Housing and Urban Development
Department (Housing)

THE KARNATAKA HOUSING BOARD (WORK-CHARGED ESTABLISHMENT

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

CONTENTS
 Rules
Page No.

1. Title and commencement . 731

2. Definitions ... 731

(a) Continuous Service 731

(b) Selection Committee .. 731

(c) Work-Charged Establishment .. 731

3. Absorption of the work-charged employees of the

karnataka Housing Board in the Housing Board Services
.. 731

4. Leave, Salary, Pension and Seniority of Persons 731

Absorbed .

5. Application of other rules .. 732

THE KARNATAKA HOUSING BOARD (WORK-CHARGED ESTABLISHMENT

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

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

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

draft by the Government.

Now, therefore, in exercise of the powers conferred by sub-section (1) of

Section 74 of the Karnataka Housing Board Act, 1962 (karnataka Act No. 10
of 1963), the government of Karnataka, hereby makes the following rules,
namely.-

1. Title and commencement.-(1) These Rules may be called the Karnataka

Housing Board (Work-charged Establishment Employees) (Absorption in the
Housing Board Services) Rules, 1985.
(2) They shall come into force on the date of publication in the Official Gazette.

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

a. "Continuous Service" means service of a work-charged employee

from the beginning of his appointment continuously without any break.
Only leave duly sanctioned by a Competent Authority will be included
in continuous service;
b. "Selection Committee" means the Selection Committees referred to
in sub-rule (3) of Rule 3;
c. "Work-Charged Establishment" means such establishment as is
employed upon the actual execution as distinct from the general
supervision of specific work or of such works of a specific project or
upon the subordinate supervision of the Board labour, stores and
Machinery in connection with such works or sub-works.

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

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

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

(3) The Selection Committee shall consist of.-

1. Housing Commissioner, Karnataka Housing Board;

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

4. Leave, Salary, Pension and Seniority of Persons Absorbed.-The

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

5. Application of other rules.-The provision contained in the Karnataka Civil

Services Rules, the Karnataka Civil Services (Conduct) Rules, 1966, and all
other rules regulating the conditions of service of Housing Board employees
made under the provision to Article 309 of the Constitution of India which
 are applicable to other employees of the Karnataka Housing Board shall in
so far as they are not inconsistent with the provisions of these rules be
applicable to a person absorbed under these rules.

By order and in the name

Of the Governor of Karnataka

M. VEERABHADRAIAH,
Housing and Urban Development
Department (Housing)
THE KARNATAKA HOUSING BOARD (WORK CHARGED ESTABLISHMENT
EMPLOYEES) (ABSORPTION IN THE HOUSING BOARD SERVICES)
RULES, 1999

ARRANGEMENT OF RULES

Rules

1. Title and Commencement

2. Definitions
3. Absorption of the work charged Employees of the Karnataka Housing Board
in the Housing Board Services.
4. Leave, Salary, Pension and Seniority of Persons absorbed
5. Application of the other rules
Schedule

Government of Karnataka

Karnataka Government Secretariat,

Sachivalaya II
Bangalore, 8th July, 1999

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

NOTIFICATION

Whereas the draft of the Karnataka Housing Board (work charge

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

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

draft by the Government.

Now, therefore in exercise of the powers conferred by section 74 of the

Karnataka Housing Board Act 1962 (Karnataka Act 10 of 1963) the
Government of Karnataka hereby makes the following rules, namely:-
1. Title and Commencement: (1) These rules may be called the Karnataka
Housing Board (work charged Establishment Employees) (absorption in the
Housing Board Services) Rules, 1999.
2. They shall come into force on the 1[date of their publication in the Official
Gazette.]1
3. Definitions: In the rules unless the context otherwise requires;

(a) Continuous Service means service of work charged employee, from the
beginning of his appointment continuously without any break. Only leave
duly sanctioned by a Competent Authority will be included in continuous
service.
(b) Screening Committee means such establishment as is employed upon the
actual execution, as distinct from the general supervision, of specific work
or of such works of a specific project or upon the subordinate supervision of
the Board labor, stores and machinery in connection with such works or
sub-works.

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

Board, in the Housing Board Services:

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

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

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

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

(2) Absorption shall be made in five annual installments of such number as may
be determined by the Government in the order of length of continuous
service.
(3) The Screening Committee shall consist of:
(i) Housing Commissioner, Karnataka Housing Board
(ii) Chief Engineer, Karnataka Housing Board
(iii) Secretary, Karnataka Housing Board
(iv) Executive Engineer pf the concerned Division.

(4) Subject to the general or special orders of the Government, the Screening
Committee shall follow such procedure for selection as it may deem fit.
(5) The Screening Committee shall prepare a list of work-charged employees
who are found physically fit and suitable for absorption on the basis of
seniority and send the same to the Government. The Government shall
notify the number of persons to be absorbed in such number of installments
as it may determine in the order of length of continuous service.
(6) Every work-charged employee shall be absorbed in a post in the Karnataka
Housing Board Services which is equivalent to the post in which he is
 appointed as work-charged employee and he shall be allowed the scale of
pay admissible to an employee holding a comparable post in the Karnataka
Housing Board Service or the scale of pay in which he is working as work-
charged employee, whichever is less, but in case of the work inspector
borne on the work charged establishment he shall be absorbed in a post
carrying the pay scale applicable to work inspector, in the Karnataka
Housing Board Service. If there are not adequate number of vacancies in
the regular establishments, the vacancies may be increased by creation of
required number of supernumerary posts with the specific approval of the
Government in Finance Department and the duration of the posts shall be
co-terminus with the length of service to be put in by the incumbent and
that the strength of the work charged establishment shall be reduced to the
extent the number of employees are absorbed in the regular establishment.

Provided that appointment shall not be made under these rules against any
post earmarked to be filled from among candidates belonging to the
Scheduled Castes or the Scheduled Tribes under the Government Order
allowing reservations, unless there are candidates belonging to these
classes available from among the work-charged employees to be absorbed,
otherwise such posts shall be treated as back-log to be filled by process of
recruitment from among those classes.

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

service rendered as work-charged employees shall (to the extent permitted
by rule 248A of Karnataka Civil Service Rules) be taken into consideration
for determining leave and pension of person absorbed under these rules but
for purpose of seniority only service from the date of absorption under these
rules shall be taken into consideration.
5. Application of the other rules: The provisions of the Karnataka Civil
Service Rules and all other rules made or deemed to have been made under
the Karnataka State Civil Services Act, 1978 and the Karnataka Housing
Board (Recruitment and Conditions of Service) Rules, 1993 which are
applicable to the employees of the Karnataka Housing Board shall, in so far
as they are not inconsistent with the provisions of these rules be applicable
to a work charged employee absorbed under these rules

By order and in the name of

Governor of Karnataka

D. Krishnaiah,
Under Secretary to Government,
Housing Department

SCHEDULE

Name of the work charge Employees for absorption in Karnataka Housing Board.

SL. NO NAME
1 Chikkamuniappa
2 A. Boraiah
3 H. M. Mahadevaiah
4 H. Krishna
5 G. Mariayappa
 6 H.S. Gangadhariah
7 C. Chikkaiah
8 Hiriyappa
9 Rangappa
10 B.M. Dasaiah
11 Shivaiah
12 S. Konaiah
13 Chinnamma

SL. NO NAME
14 Cheluvamma
15 Yarappa
16 Harikrishna
17 Venkataramaiah
18 Gangamma
19 T.K. Ramaiah
20 Chinnaswamy
21 H.M. Mahadevaiah
22 Leelamruthchar
23 S. Narayana
24 Channappa
25 K. Aravinda Neegle
26 M.B. Jawaregowda
27 R. Lokeshamurthy
28 G. Govindegowda
29 S.V. Sommanna
30 K. Hongaiah
31 Syed Juver Ahmed
32 Imam Hussiah
33 Gurappa
34 Baburao
35 Venkataswamy
36 G. Marappa
37 Lingappa
38 V.A. Yaragatti
39 V.M. Naganagowda
40 P.T. Somaiah
41 C. Hanumanthu
42 Kuppaswamy
43 R.S. Mane
44 K.M. Munivenkataswamy
45 Ramaiah.M.C
46 Mahadevaiah

D. Krishnaiah,
Under Secretary to Government,
Housing Department,
 1
THE KARNATAKA HOUSING BOARD DEPARTMENTAL
EXAMINATION RULES

In exercise of the powers conferred by Section 61 read with Section 13(5) of

the Karnataka Housing Board Act, 1955 (Karnataka Act 20 of 1955), the
following rules are hereby framed and prescribed.

1. The officials of the Karnataka Housing Board are required to pass the
following Departmental Examination:

I Division Clerk Accounts (Higher)

II Division Clerk Accounts (Lower)

Only direct recruits to the Board need pass the tests mentioned above. For
promotion from II Division to I Division, officials need not pass Accounts
Higher Examination. For promotion beyond I Division, officials must pass
Accounts (Higher) and General Law Examinations before they be considered
for promotion.

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

only Paper II, Paper II is meant for Gazetted Officers only.

2. The officials are given two years from 1st January, 1962 (or from the date
of appointment by the Board) to pass the tests during which period they will
be eligible for promotion to the next higher grade.

3. Such of the officials who complete 45 years of age within 1st January, 1964
will be exempt from passing the prescribed examinations for purposes of
earning increments and confirmation in the grade in which they are
exempted, but not for promotion .

4. During the period allowed for passing the prescribed examinations, i.e.,
until 1st January, 1964, the official will not be confirmed until and unless he
has passed the prescribed Departmental Examinations or has been
exempted vide para 3.

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

Departmental Examinations within the period of 2 years.

6. If and official is required to pass Departmental Examinations, but does not

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

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

7. In the event of failure to pass the tests prescribed within the prescribed
period, the officials promoted to next higher grade as per para 2 will be
 reverted to the grade from which they were temporarily promoted and
replaced by qualified persons.

8. The officials are also required to pass the Kannada Examination prescribed
by Government for Government servants. The above rules will apply in
their case also.

9. The officials are required to pass the Departmental tests to be held by the
Housing Board on the subjects like (a) Prcis Writing and Office Manual, (b)
Housing Board Act and Rules there under.

10. The above rules will apply to officials in both the ministerial and executive
cadre, but will not apply to lent officials who are governed by the rules of
the Departments from which they are drawn.