Bengaluru: The State Government has now proposed to introduce imprisonment, up to a maximum of two years, with a fine up to Rs.50,000 for offences related to certain types of violation of the laws regulating buildings under the Karnataka Municipal Corporations (KMC) Act, 1976 in various City Corporations across the State, instead of the present rule of only imposing a fine.

Officials or engineers of Municipal Corporations who allow the construction of buildings which violate the building bylaws will also be prosecuted along with the violators.

The government has also proposed to enhance the fine amount between Rs.2,000 and Rs.5,000 for some other types of violations, for which the existing fine is as low as Rs.20, and the penalty will continue to be imposed only as fine on conviction, and imprisonment, from two days to three months, has been proposed only for the non-payment of the fine.

A copy of the draft notification, dated Nov.27, 2018, has been submitted before a Karnataka High Court Division Bench comprising Chief Justice Dinesh Maheshwari and Justice S. Sujatha, yesterday during the hearing of a Public Interest Litigation (PIL) petition, filed by S. Umapathi, a Bengaluru-based advocate.

The petitioner had complained that no punishment was prescribed though the government, back in 2007, had introduced Section 321B to the KMC Act stating that jurisdictional officers, who are proved to have failed to prevent unauthorised deviation or construction, are liable for punishment.

The draft notification proposes to impose punishment in the nature of imprisonment and fine on conviction for 18 different types of violations. In the remaining 18 types of violations, only a fine will be imposed as  punishment and imprisonment will only be imposed if the fine is not paid.

Both the building owners and the officials of City Corporations are liable for punishment. An official found guilty under Section 321B will be liable for a simple imprisonment up to two years and fine up to Rs.50,000 on his conviction.

A simple imprisonment of up to two years and fine up to Rs.50,000 has been proposed for property owners and others who construct or reconstruct buildings in violation of Section 295(5) of the KMC Act, and the building bylaws.

The existing fine of Rs.20 for failure to keep the external part of the wall in proper condition is proposed to be enhanced to Rs.5,000.

Similarly, the existing fine of Rs.50 for constructing an external roof, a pendal or wall of a building and construction of a shed or fence, of cloth, grass, leaves, mats or other inflammable materials, without permission or such retention is proposed to be enhanced to a simple imprisonment of up to two years and a fine up to Rs.50,000.

The government has given 30 days for the public and others to submit their objections and suggestions to these proposals.

Punishment/ penalty proposed for erring officials or engineers

• Allowing constructions in violation of bylaw or Karnataka Municipal Act (KMC) Act: Simple imprisonment up to 2 years and a fine of Rs.50,000
• Failure to issue a notice to violators: Rs.5,000 fine and simple imprisonment for 10 days
• Construction, reconstruction of a building without nod of the Commissioner of Municipal Corporation: Simple imprisonment up to 2 years and Rs.50,000 fine
• Allowing work that endangers human life: Simple imprisonment up to 2 years and a fine of Rs.50,000.

NOTE: The government has given 30 days for the public and others to submit their objections and suggestions to these proposals.