The period within which a building shall be demolished in pursuance of an order made under sub-section (3) of section 9 shall be 20 (Twenty) days from the date of receipt of the said order:
Provided that the prescribed authority may on an application made in this behalf grant further time not exceeding thirty days for the reasons to be recorded in writing.
7. Period for clearing land and building in a slum clearance area- The period for purpose of section 12 shall be 60 (sixty) days from the date of publication in the Gazette of the notification referred to in sub-section (1) of Section 11.
[7A. Restriction and conditions of allotment of sites etc.-
(1) Wherever the Board forms any layout under section 27A it may allot not site in such layout or one dwelling unit of any building constructed in such layout to each family in a slum area.
(2) Size of the dwelling unit or dimension of the site to be allotted shall be decided by the Government or the Board on the basis of the availability of sites or dwelling units:
Provided that while so fixing the size or dimension, the Government or the Board shall have regard to maintaining minimum national living standard.
(3) The site or dwelling unit shall be allotted on a lease-cum-sale basis for a period of fifteen years and the allottee shall be deemed to be a lessee until the lease is determinate or the site or dwelling unit is conveyed in the name of the allottee.
(4) Where a person to be allotted a site or dwelling unit is married the allotment shall be made in the joint name of the wife and husband, if both of them are alive.
(5) The allottee shall, within such period from the date of receipt of order of allotment, as may be specified by the Board in such order make payment towards the site or dwelling unit in such manner as the Board may direct from time to time.
(6) Amount payable for allotment of site or dwelling unit shall be fixed by the Government.
(7) Civic amenity sites in such layout shall be disposed of by public auction in accordance with such guidelines as may be issued by the Government from time to time.
Provided that if a successful bidder is a registered slum dweller of such layout he shall be allowed a rebate of ten percent of the bid amount.
Explanation :- For the purpose of this rule “Civic amenity site” means a site earmarked for the purpose of school, hospital, community hall or any other amenities as may be specified by the Government from time to time.
(8) A slum dweller ;
(i) Whose name is included in the list prepared after a Socio Economic Survey by the Board. Soon after the declaration of the slum area;
Provided that where no such list is prepared in respect of any slum area declared prior to the commencement of the Karnataka slum areas (Improvement and Clearance) (Amendment) Rules, 2004 such list shall be prepared as early as possible by conducting a Socio Economic Survey in such slum area.
(ii) Who possesses identification card or registration certificate issued by the Board.
(iii) Who has lived in a slum area for more than ten years on the date of coming into force of the Karnataka Slum Areas (Improvement and Clearance) (Amendment) Rules, 2004 and who produces satisfactory proof in respect of his occupation in a slum area;
Shall be eligible to be considered for allotment of a site or dwelling unit under this rule;
Provided that where after the commencement of the Karnataka Slum Areas (Improvement and Clearance) (Amendment) Rules, 2004 any area is declared as slum area along with a list of slum dwellers residing in such area prior to such declaration, such slum dwellers may be considered for allotment.
(9) The allotee shall not sell, lease, mortgage or alienate in any manner the site or the building unit allotted to him during the period of lease till an absolute sale deed is executed by the Board.
Provide that the allottee may mortgage the site or dwelling unit to avail loan from Banks or Financial institutions for improvement of the site or dwelling unit.
(10) If the allotee violates any of the terms and condition of allotment or lease-cum-sale agreement or the provisions of these rules, the lease may be terminated and site or the dwelling unit shall be liable to be forfeited to the Board.
(11) where the allotment has not been cancelled or the lease has not been terminated in accordance with these rules or the terms of the agreement during the period of lease, the Board shall on the expiry of the lease period call upon the allottee to get the sale deed executed within the time specified by it;
Provided that if the allottee makes the full payment before the period of lease, the Board shall execute an absolute sale deed immediately subject to the condition that the alottee shall not sell or alienate in any manner the site or the dwelling house for period of fifteen years from the date of the execution of absolute sale deed.
(12) The Board may terminate lease if,
(a) the allottee fails to pay the monthly installment for a period of more than three months from the date of receipt of demand notice.
(b) The allottee sells, mortgages, sublets or alienates in any way the site or dwelling unit in whole or in part during the period of lease except for availing loan from Banks, or other Financial Institutions for improvement of the premises with prior permission of the Board.
(c) The site or dwelling units is not used by the allottee for the purpose for which it is allotted and he is causing nuisance to the neighborhood or the public.
(d) The allotee makes any material addition or alternation in the premises without the previous permission of the Board.
(e) The allottee other-wise act in contravention of any of the terms and conditions of lease-cum sale agreement.
(f) The allottee fails to vacate the premises required by the Board for the purpose of implementing any improvement plan or project and to accept the alternative accommodation offered by the Board.
(g) The allottee produces any false or incorrect documentary evidence to the Board for the purpose of getting allotment.
(h) The allottee fails to vacate the premises requied by the Board for the purpose of realigning the internal roads in the slums or any other development activities under section 27A.
Provided that the allottee shall be given an opportunity of being heard before terminating the lease.
(13) where the lease-cum-sale agreement executed in favour of an allottee is terminated he is liable to be evicted in accordance with the provisions of the Karnataka Public Eviction of Un-authorised Occupants, Act, 1974.
[7B.Recovery of the amount due as Arrears of Land Revenue.:- Any person who fails to pay any amount due to the Board within a period of t here months from the date of service of t he demand notice issued under sub-section (i) of section 27B, such amount may be recovered as far as may be in accordance with the provisions of Chapter XIV of the Karnataka Land Revenue Act,
1964.
3. Omission of rule 10-Rule 10 in said rules shall be omitted.]