Preamble

4. Registration of building in slum areas.-(1) (a) Within the period specified in clause (b), the owner or occupier of every building situated in any slum area shall send to the prescribed authority a statement in such form as may be prescribed.

1. (b)The statement under clause (a) shall be sent within such period as may be prescribed.

1. (2)On receipt of the statement under sub-section (1) the prescribed authority shall, on being satisfied about the correctness of the statement, register the building in a register maintained for the purpose and containing such particulars as may be prescribed and shall issue in the prescribed form, a registration certificate to the owner or occupier of the building. 5. Restriction on building, etc., in slum areas.- (1) The prescribed authority may, by notification direct that no person shall erect any building in a slum area except with the previous permission in writing of such authority.
2. (2)Every notification issued under sub-section (1) shall cease to have effect on the expiration of two years from the date thereof except as respects things done or omitted to be done before such cesser.
3. (3)Every person desiring to obtain permission referred to in sub-section (1) shall make an application in writing to the prescribed authority, in such form and containing such information in respect of the erection of the building to which the application relates as may be prescribed.
4. (4)On receipt of such application, the prescribed authority, after making such enquiry as it considers necessary shall, by order in writing,-
   1. (a)either grant the permission subject to such terms and conditions, if any, as may be specified in the order; or
   2. (b)refuse to grant such permission: Provided that before making an order refusing such permission, the applicant shall be given an opportunity to show cause why the permission should not be refused.
5. (5)Nothing contained in sub-section (1) shall apply to,-
   1. (a)any works of improvement required to be executed by a notice under sub-section (1) of section 6 or in pursuance of an undertaking given under sub-section (2) of section 9; or
   2. (b)the erection of any building in any area in respect of which a notification has been issued under sub-section (1) of section 11. 1 [ CHAPTER III A PROHIBITION OF UN-AUTHORISED CONSTRUCTIONS ¹[5A. Application.-This Chapter shall extend to the whole of the State of Karnataka]1.

shall ¹[x x x]1 be begun by any person unless and until permission for the execution of the work relating to such construction or reconstruction is granted to such person ¹[x x x]1 by the licensing authority.

↩1.Omitted by Act 34 of 1984 w.e.f. 26.6.1984

1. (b)No person shall collect any rent or other charges, by whatever name called, from the occupant of any building constructed or reconstructed in contravention of clause (a).

1. (2)Any person who contravenes the provisions of sub-section (1) or who abets such contravention shall, on conviction, be punishable with imprisonment for a term which may extend to three years and with fine which may extend to five thousand rupees. Provided that,-
   1. (i)in the case of a first offence the term of imprisonment shall not be less than six months and the amount of fine shall not be less than five hundred rupees; and
   2. (ii)in the case of a second or subsequent offence the term of imprisonment shall not be

less than one year and the amount of fine shall not be less than one thousand rupees.

5C. Demolition of buildings unlawfully commenced, carried on or completed.- (1) If the Board is satisfied that the construction or reconstruction of any building has been commenced or is being carried on or has been completed without obtaining the permission of the licensing authority, under the relevant law, the Board may make a provisional order

requiring the owner or the builder or the occupier of the building to demolish the work done and may also direct that the owner or the builder shall refrain from proceeding with the work of construction or reconstruction of the building.

1. (2)The Board shall serve a copy of the provisional order made under sub-section (1) on the owner or builder or the occupier of the building together with a notice requiring him to show cause within a reasonable time to be specified in such notice why the order should not be confirmed.
2. (3)If the owner or the builder or the occupier fails to show cause to the satisfaction of the Board, it may confirm the order, with such modifications as it may think fit, and such order shall then be binding on the owner, the builder and the occupier and the Board may take any measure or do anything which may, in its opinion be necessary, for giving due effect to the order and expenses incurred for the purpose shall be recovered from the owner, the builder

and the occupier, as arrears of land revenue. The Board may seize the materials and tools

used for the construction or reconstruction of the building and may sell them and apply the sale proceeds towards the expenses incurred.

1. (4)If the work of construction or reconstruction of any building is commenced in contravention of the provisions of sub-section (1) of section 5B and the Board is of the opinion that immediate action should be taken, then, notwithstanding anything contained in this Chapter a notice to be given under sub-section (2) shall not be of less duration than twenty four hours and shall be deemed to be duly served if it is affixed in some conspicuous part of the building to which the notice relates and published by proclamation at or near such building and accompanied by beat of drum, and upon such affixation and publication, all persons concerned shall be deemed to have been duly informed of the matters stated therein.
2. (5)The Government may call for and examine the records of any proceedings of the Board under this section and after such enquiry as it thinks fit, if the Government is satisfied that the order of the Board is contrary to law, pass such orders thereon as the Government deems fit: Provided that no order shall be made to the prejudice of any party unless he has had an opportunity of being heard. 5D. The Karnataka Municipal Corporation Act, 1976 and other laws not affected.- Nothing in this Chapter shall be deemed to affect the operation of the Karnataka Municipal Corporations Act, 1976 or the Karnataka Municipalities Act, 1964 or any other law or the rules made thereunder and the provisions of this Chapter shall be in addition to and not in derogation of the provisions of said Acts, laws and the rules.]1

↩1.Inserted by Act 19 of 1981 w.e.f. 30.12.1980