The KARNATAKA MUNICIPAL CORPORATIONS ACT, 1976.
Karnataka · state statute
Open in Lexace · Ask the AI about this act1 THE KARNATAKA MUNICIPAL CORPORATIONS ACT, 1976. ARRANGEMENT OF SECTIONS Statements of Objects and Reasons: Sections: CHAPTER I PRELIMINARY 1. Short title, extent and commencement. 2. Definitions. CHAPTER II ESTABLISHMENT OF CORPORATION 3. Specifying larger urban area and establishment of corporation etc. 4. Inclusion and exclusion of areas in, or from the larger urban area. 5. Erection and maintenance of boundary marks. CHAPTER III MUNICIPAL AUTHORITIES 6. Municipal Authorities. 7. Constitution of the Corporation. 8. Term of office of Councillors. 9. Omitted. 10. Mayor and Deputy Mayor. 11. Standing Committees. 12. Chairman of the Standing Committees. 13. Construction of reference to standing committees and Chairman. CHAPTER IIIA Area sabhas and Ward Committees 13A. Definitions and application. 13B. Determination of Areas. 13C. Constitution of Area Sabha. 13D. Representatives of Area Sabha. 13E. Term of office. 13F. Meeting of the Area Sabha. 13G. Functions and duties of the Area Sabha. 13H. Composition, territorial area and manner of filling of seats in Ward Committee. 13I. Functions of the Ward Committee. 13J. Bye-laws. 13K. Power to make rules. 13L. Power to remove difficulties. 14. Commissioner and his term of office, etc. 15. Salary and other conditions of service of the Commissioner. 16. Acting Commissioner. 17. Honoraria, fees or allowances. 18. Oath of allegiance to be taken by councillors. 19. Declaration of assets, etc., 2 20. Power to make rules regar ding election of Mayor, Deputy Mayor and members and chairman of standing committees CHAPTER IV ELECTION 21. Determination of wards, etc. 22. Right to vote. 23. Electoral rolls. 24. State Election Commission to fix date of elections. 25. Qualification of candidates. 26. General disqualification for becoming a councillor. 26A. Account of Election Expenses and Maximum thereof. 26B. Lodging of Account with the Returning Officers 26C. Failure to lodge an account of Election Expenses 27. Corrupt practices entailing disqualification. 28. Disqualification for being a voter arising out of conviction and corrupt practice. 29. Disqualification for being an election agent. 30. Equality of votes. 31. Prohibition of simultaneous membership. 32. Publication of results of elections. 33. Election petition. 34. Relief that may be claimed by the petitioner. 35. Grounds for declaring elections to be void. 36. Procedure to be followed by the court. 37. Decision of the court. 38. Appeal. 39. Corrupt Practices. 40. Promoting enmity between classes in connection with election. 41. Prohibition of public meetings two days before preceding the election day and on the election day. 42. Disturbances at election meetings. 43. Restrictions on the printing of pamphlets, posters, etc. 44. Maintenance of secrecy of voting. 45. [XXX] 46. Prohibition of canvassing in or near polling stations. 47. Penalty for disorderly conduct in or near polling stations . 48. Penalty for misconduct at the polling station. 49. Penalty for illegal hiring or procuring of conveyances at elections 50. Breaches of official duty in connection with elections. 50A. Returning Officer, Presiding Officer etc deemed to be on deputation to State Election Commission. 51. Penalty for Government servants for acting as election agent, polling agent or counting agent. 52. Removal of ballot papers from polling station to be an offence. 53. Other offences and penalties therefor. 54. Prosecution regarding certain offences. 3 55. Control of Elections and power to make rules regulating the election of councillors. 55A. Voting machines at elections 56.Bar of suits relating to elections, etc. CHAPTER V POWERS AND FUNCTION OF THE CORPORATION AND OTHER AUTHORITIES 57. General powers of the corporation. 58. Obligatory functions of the corporations. 59. Discretionary functions of the corporations. 60. Powers and functions of the Mayor. 61. Functions of the Deputy Mayor. 61A. Functions of the Standing Committees of the Bruhat Bangalore Mahanagara Palike. 62. Functions of the standing committees of other corporations. 63. Delegation of powers to Commissioner by standing committee. 64. Functions of the Commissioner. 65. Commissioner to carry on correspondence. 66. Delegation of Commissioner’s ordinary power. 67. Delegation of Commissioner’s extraordinary powers. 68. Custody of records. 69. Control over Corporation establishment. 70. Power of councillors. CHAPTER VI PROCEDURE OF THE CORPORATION AND COMMITTEES 71. Proceedings of the corporation and standing committees . 72. Obligation laid on remaining municipal authorities to carry out resolutions of the corporation. 73. Corporation may call for extracts from proceedings, etc., from the standing committee, etc. 74. The corporation or a standing committee may require Commissioner to produce documents and furnish returns, reports etc. 75. Joint transaction with other local authorities. 76. Proceedings of corporation, etc., not vitiated by disqualification, etc., of members thereof. 77. Record of proceedings. 78. Proceedings of meetings to be good and valid until contrary is proved. 79. Commissioner’s right to attend and take part in discussion but not to move resolution or to vote. 80. Councillors to refrain from taking part in discussion and voting on questions in which they have pecuniary interest. 81. Submission of administration report to Government. 4 CHAPTER VII CORPORATION OFFICERS AND SERVANTS AND THEIR APPOINTMENT AND CONDITIONS OF SERVICE 82. Appointment of Engineer, Health Officer, etc. 83. Appointment to certain posts under the corporations to be made from Karnataka Municipal Administrative Service. 84. Appointment to the other posts on the corporation establishment. 85. Special appointments. 86. Power of Government to appoint special health officers. 87. Contribution in respect of Government servants. 88. Establishment schedule. 89. Reservation of posts for appointment. 90. Punishment for corporation officers and other employees. 91. Power of Government to make rules regarding the conditions of service applicable to employees. 91A. Transfer of employees. CHAPTER VIII ESSENTIAL SERVICES 92. Declaration of Essential Services, etc. 93. Power of Government &to declare emergency. CHAPTER IX POWER OF GOVERNMENT 94. Power of Government to call for records and to cause inspection to be made. 95. Power of Government to take action in respect of matters pending undisposed of before the corporation. 96. Government’s power to direct the taking of action. 97. Government’s power to appoint an officer to take action in default, at the expense of corporation. 98. Submission of copies of resolution to Government and Government’s power to cancel resolution and orders. 99. Power of Government to dissolve corporation. 100. Power to appoint Administrator in certain cases. 101. Omitted. 102. Revision. CHAPTER IX-A Establishment of the Karnataka Property Tax Board 102A. Definitions. 102B. Act to override other laws. 102C. Establishment of the Board. 102D. Composition of the Board. 102E. Validation. 102F. Functions of the Board. 102G. Publication of draft valuation rates. 102H. Appointment of staff. 5 102I. Appointment of staff of municipality or any other local authority. 102J. Funds of the Board. 102K. Grants or loans to the Board. 102L. Municipalities to make payment to the Board. 102M. Annual Report. 102N. Expenditure incurred on account of salaries and allowances including contingencies. 102O. Budget. 102P. Expenditure and accounts. 102Q. Audit. 102R. Delegation of powers. 102S. Member, officers and employees to be public servants. 102T. Secretary to carry on correspondence. 102U. Custody of records. 102V. Control over the Board establishment. 102W. Notice to be given of suits. 102X. Power of the Government to make rules. 102Y. Removal of difficulties. CHAPTER X TAXATION ENUMERATION OF TAXES 103. Taxes which may be imposed. 103A. Omitted. 103B. Levy of Infrastructure and Solid Waste Management Cess. 103C. Levy of Urban Transport Cess 104. xxx 105. xxx 106. Publication of resolution with notice. 107. Power to suspend, reduce or abolish any existing tax. 108. Description and class of property tax. 108A. Levy and calculation of property tax in respect of Bruhath Bangalore Mahanagara Palike. 109. Method of assessment of property tax. 109A. Enhancement of Property tax. 110. General exemptions. 111. Property tax-a first charge on property and movables. 112. Property tax from whom and when payable. 112A. Assessment of Poperty Tax. 112B. Preparation and publication of property tax register. 112C. Levy of penalty on unlawful building. 112D. Survey of lands and Buildings and preparation of property register. 113. Demand for payment of property tax and appeal against such demand. 114. Obligation of transferor and transferee to give notice of transfer. 114A. Review by the Commissioner. 6 115. Owner’s obligation to give notice of construction or reconstructi on or demolition of building. 116. Omitted. 117. Commissioner’s power to call for information and to enter upon premises and to condone omission to give notice. 118-133. Omitted 134. Tax or fee on advertisement. 135. Prohibition of advertisements without written permission of Commissioner. 136. Permission of the Commissioner to become void in certain cases. 137. Owner or person in occupation to be deemed responsible . 138. Removal of unauthorised advertisement. 139. Collection of tax on advertisement. 140. Duty on transfer of immovable properties. 141. Provisions applicable on the introduction of transfer duty. 142. Power to make rules regarding assessment and collection of transfer duty. 143. Power to assess in case of escape from assessment. 144. Fixed charges and agreements for payment in lieu of taxes. 145. Power of Government to suspend or prohibit levy of objectionable taxes. 146. Power of Government to require corporation to impose taxes. 147. Rules in Schedule III. 148. Omitted. CHAPTER XI FINANCE, ACCOUNTS AND AUDIT 149. Corporation Fund. 149A. Urban Transport Fund 150. Accounts and Audit. 151. Financial rules. 152. Contribution for supply of water to the inhabitants of the City of Bangalore. 153. Contribution to expenditure by other local authorities. 154. Power of corporation to borrow money. 155. Time for repayment of money borrowed under section 154. 156. Limit of borrowing powers. 157. Form and effect of debentures. 158. Payment to survivors of joint payees. 159. Receipt by joint holder for interest or dividend. 160. Maintenance and investment of sinking funds. 161. Application of sinking fund. 162. Annual statement by trustees. 163. Power of corporation to consolidate loans. 164. Priority of payments for interest and repayment of loans over other payment. 165. Attachment of corporation fund for recovery of money borrowed fro m Government. 166. Estimates of expenditure and income to be prepared annually by the Commissioner. 7 167. Budget estimates to be prepared by the standing committee for taxation finance and appeal or as the case may be standing Committee for taxation and finance. 168. Consideration of budget estimate by the corporation. 169. Procedure of Corporation. 170. Obligation to pass budget before the beginning of the year. 171. Corporation may pass supplemental budget. 172. Reduction or transfer of budget grants. 173. Re-adjustment of income and expenditure to be m ade by the corporation during the course of the official year whenever necessary. CHAPTER XII PROPERTY AND CONTRACTS 174. Corporation property. 175. Acquisition of property and interest therein. 176. Disposal of property and interest therein. 177. Procedure for acquisition of immovable property under the Land Acquisition Act, 1894. 178. Provisions relating to land and other properties. 178A. Decision of claims to the property by or against the corporation. 179. Objects not provided for by this Act. 180. Power of corporation to determine whether works shall be executed by contract. 181. Powers of several authorities to sanction estimates. 182. General provisions relating to contracts. 183. Invitation of tenders. 184. Saving of certain irregularities. 185. Security for performance of contracts. CHAPTER XIII WATER SUPPLY AND SEWERAGE 186. Application of Certain Provisions of this Chapter. 187. Construction of works. 188. Trespass on water supply premises. 189. Prohibition of building over water mains. 190. Control over house connections. 191. Payment to be made for water supplied. 192. Private water supply for domestic purposes. 193. Supply of water for domestic purpose not to include any supply for certain specified purposes. 194. Water supply for domestic purposes not to be used for non-domestic purposes. 195. Power to supply water for non-domestic purposes. 196. Supply of water to Government and local authorities. 197. Public Water supply. 198. Power to lay mains. 199. Power to lay service pipes, etc. 200. Provision of fire hydrants. 201. Power to require owners of premises to set up pumps, etc.. 8 202. Supply of water. 203. Laying of supplying pipes, etc.. 204. Power to require separate service pipes.. 205. Stopcocks. 206. Power to provide meters. 207. Presumption as to correctness of meters. 208. Prohibition of waste or misuse of water. 209. Power to enter premises to detect waste or misuse of water. 210. Power to test water fittings. 211. Water pipes, etc., not to be placed where water will be polluted. 212. Power to cut off water supply. 213. Joint and several liability of owners and occupiers for offence in relation to water supply. 214. Non-liability of corporation when supply is reduced or not made in certain cases. 215. Right of user of conduits, lines, etc. 216. Power of owner of premises to place pipes through land belonging to other persons. 217. Power to execute work after giving notice to the person liable. 218. Work connected with water supply to be done by licensed plumber. 219. Prohibition of certain acts relating to water supply. 220. Bye-laws regarding water supply. 221. Vesting of sewers, etc., in corporation. 222. Maintenance of sewers and sewage disposal works. 223. Certain matters not to be passed into corporation sewers. 224. Application by owners and occupiers to drain into corporation sewer. 225. Drainage of undrained premises. 226. New premises not to be erected without drains. 227. Power to drain group or block of premises by combined operations. 228. Power of Commissioner to close or limit the use of private drains in certain cases. 229. Use of drain by a person other than the owner. 230. Sewage and rainwater drains to be distinct. 231. Power to require owner to carry out certain works for satisfactory drainage. 232. Appointment of places for the emptying of sewers and disposal of sewage. 233. Connection with sewers not to be made without permission. 234. Buildings and private streets not to be erected or constr ucted over sewers without permission. 235. Right of user of property for laying sewers. 236. Power of owner of premises to lay sewer through land belonging to other persons. 237. Power to execute work after giving notice to the person liable. 238. Power to affix shafts, etc., for ventilation of sewer or cesspool. 239. Power to examine and test sewers, etc., believed to be defective. 9 240. Work connected with the corporation sewerage system to be done by licensed plumber. 241. Prohibition of certain acts relating to sewerage. 242. Bye-laws regarding sewerage. 243. Inspection of corporation water works or sewerage works by person appointed by Government. 244. Execution of works by Government agency. 245. Provision of pubic privies. 246. Licensing of public privies. 247. Provision of privies by owner or occupier. 248. Provision of privies and urinals for labourers. 249. Provision of privies and urinals for markets, cart stands and cattle stands. 250. Privies to be screened from view. 251. Power to carry wire, pipes, drains, etc., through private property. 252. Prohibition against making connection without permission. 253. Power to require railway level, etc., to be raised or lowered. 254. Power of corporation in respect of works outside the city. 255. Provision for removal of filth. 256. Public notice ordering deposit of rubbish and filth by occupier. 257. Removable of rubbish and filth accumulating in large quantities on premises. 258. Provision for daily cleaning of streets and removal of rubbish and filth. 259. Rights of property of corporation in things deposited in receptacles. 260. Directions as to removal of rubbish and filth and preparation of compost manure from rubbish and filth. 261. Maintenance of establishment for removal of rubbish and filth. 262. Prohibition of the practice of employing persons for carrying nights oil as head - load. 263. Prohibition against accumulation of rubbish and filth on premises, etc. 264. Contribution from person having control over places of pilgrimage, etc.. CHAPTER XIV STREETS 265. Vesting of public streets and their appurtenances in corporation. 266. Maintenance and repair of streets. 267. Powers of authorities in regard to streets. 268. Power to adopt, construct or alter any sub-way, bridge, etc. 269. Power to dispose of permanently closed streets. 270. Acquisition of land buildings for improvement of streets. 271. Powers to prescribe building line and street alignment. 272. Restriction on erection of or addition to buildings within street alignment or building line. 273. Setting back projecting building or wall. 274. Additional power of Commissioner to order setting back of buildings to regular line of street. 275. Setting forward building to improve line of street. 10 276. Projected streets. 277. Temporary closure of streets. 278. Protection of appurtenances and materials of streets. 279. Power of the Corporation to recover expenses caused by extraordinary traffic. 280. Owner’s obligation to make a street when disposing of land as building sites. 281. Making of new private streets. 282. Alteration or demolition of street made in breach of section 281. 283. Power of Commissioner to order work to be carried out or to carry it out himself in default. 284. Right of owners to require streets to be declared public. 285. Prohibition against obstructions in streets. 286. Prohibition and regulation of doors, ground -floor, windows and bars opening outwards. 287. Removal of encroachment. 288. Power to allow certain projections and erections. 288A. Prohibition of structures or fixtures which cause obstruction in public streets. 288B. Prohibition of deposit etc., of things in public street. 288C. Licence for sale in public places. 288D. Commissioner may without notice remove encroachment. 289. Precautions during repair of streets. 290. Prohibition against removal of bars and lights. 291. Making holes and causing obstruction. 292. Licence for work on building likely to cause obstruction. 293. Naming or numbering of public streets. 294. Numbering of buildings. CHAPTER XV REGULATION OF BUILDINGS GENERAL POWERS 295. Building bye-laws. 295A. Obligation to provide for rain water harvesting structure 296. Power of corporation to regulate future construction of certain classes of buildings in particular streets or localities. 297. Building at corner of streets. 298. Prohibition against use of inflammable materials for building, etc., without permission . 299. Application to construct or re-construct building. 299A. Levy of imposts, restri ctions and conditions in respect of Bruhat Bengaluru Mahanagara Palike. 299AB. Levy of imposts, restrictions and Conditions 299B. Power of the State Government to exempt or reduce fee levied or charge d or assessed in respect of the Bruhat Bengaluru mahanagara Palike. 299C. Validation of levy and collection of gee. 300. Prohibition against commencement of work without permission. 11 300A. Working Hours for construction activities 301. Period within which Commissioner is to grant or refuse to grant permission to execute work. 302. Reference to standing committee if Commissioner delays grant or refusal, of approval or permission. 303. Grounds on which approval of site for or permission to construct building, may be refused. 304. Restriction on the power to sanction construction of place of entertainment in certain cases. 305. Special powers for suspending permission to construct buildings. 306. Lapse of permission if not acted upon within two years. 307. Inspection by Commissioner. 308. Power of Commissioner to require alteration of work. 309. Stoppage of work endangering human life. 310. Completion certificate and permission to occupy or use. 311. Provisions not to apply to huts. 312. Application of certain sections to wells. 313. Application to construct or re-construct huts. 314. Prohibition against commencement of work without permission. 315. Period within which Commissioner is to grant or refuse to grant permission to execute the work. 316. Reference to standing committee if Commissioner delays to grant permission. 317. Grounds on which permission to construct or re-construct hut may be refused. 318. Lapse of permission if not acted upon within six months. 319. Maintenance of external walls in repair. 320. Application of provisions to alterations and additions. 321. Demolition or alteration of buildings or well -work unlawfully commenced, carried on or completed. 321A. Regularisation of certain unlawful buildings. 321B. Penalty against jurisdictional officer failing to prevent unauthorised deviations or constructions CHAPTER XVI NUISANCE 322. Precautions in case of dangerous structures. 323. Precautions in case of dangerous trees. 324. Precautions in case of dangerous tanks, wells, holes, etc. 325. Precautions against fire. 326. Prohibition of construction of wells, tanks, etc., without the Commissioner’s permission. 327. Power to stop dangerous quarrying. 328. Power to order filling in pools, etc., which are a nuisance and regulation of agriculture within the city. 329. Power to order cleansing of insanitary private water course, spring, tank, well, etc., used for drinking. 12 330. Duty of Commissioner in respect of public well or receptacle or stagnant water. 331. Prohibition against contaminating water supply. 332. Untenanted buildings or lands. 333. Removal of filth or noxious vegetation. 334. Abatement of nuisance from dust, smoke, etc. 335. Fencing of buildings or lands and pruning of hedges and trees. 336. Lime washing and cleaning of buildings. 337. Further powers with reference to insanitary buildings. 338. Building unfit for human habitation. 339. Abatement of crowding in dwelling house or dwelling place. 340. Power of Commissioner to use or sell materials of dangerous building taken down, etc. 341. Limitation of compensation. CHAPTER XVII LICENSES AND FEES 342. Exemptions. 343. Prohibition in respect lodging houses. 344. Prohibition in respect of keeping animals and birds and feeding animals. 345. Destruction of stray pigs and dogs 346. Licenses for places in which animals are kept. 347. General powers of control over stables, cattle-sheds and cow-house. 348. Provisions of halting places, cart-stands, etc. 349. Prohibition of use of public places or sides of public street as cart stand, etc. 350. Recovery of cart-stand fees, etc. 351. Licence for private cart-stand. 352. Removal of carcasses of animals. 353. Purposes for which places within the limits of the city of within five kilometers thereof may not be used without licence and payment of proportionate tax to local body concerned in the latter case. 354. Application to be made for construction, establishment or installation of factory or workshop or work-place in which steam or other power is to be employed. 355. Commissioner may issue directions for abatement of nuisance caused by steam or other power. 356. Prohibition of use of steam -whistle or steam -trumpet without permission of the Commissioner. 357. Power of Commi ssioner to require owner of factory, workshop etc., to put up and maintain the factory, workshop, etc., in a cleanly state. 358. Power of Commissioner to require owner or occupier of factory, etc., to discontinue the use of such factory. 359. Commissioner may enter any factory, workshop or work-place. 360. Power of Government to pass orders or give directions to Commissioner. 361. Provision of places for bathing and for washing animals. 362. Provision of public bathing houses, wash houses etc. 363. Prohibition against washing by washermen at unauthorised places. 13 364. Provision of corporation slaughter-houses. 365. Licence for slaughter-houses. 366. Slaughter of animals during festivals and ceremonies. 367. Slaughter of animals for sale or food. 368. Public markets. 369. Power of municipal authorities in respect of public markets. 370. Commissioner’s control over public markets. 371. Establishment of private markets. 372. Licensing private markets. 373. Period of licence. 374. Licence fee for private markets. 375. Sale in un-licensed private market. 376. Powers of Commissioner in respect of private markets. 377. Suspension or refusal of licence in default. 378. Power of Commissioner to make regulations for markets, bazaars, sl aughter houses and places set apart for sacrifice of animals. 379. Duty of expelling lepers, etc., from markets and private markets. 380. Acquisition of rights of private persons to hold power to expel disturbers. 381. Butcher’s, fishmonger’s and poulterer's licence. 382. Power to prohibit or regulate sale of animals, birds or articles in public streets. 383. Decision of disputes as to whether places are markets. 384. Duty of Commissioner to inspect. 385. Power of Commissioner for purposes of inspection. 386. Preventing inspection by Commissioner. 387. Power of Commissioner to seize diseased animal, noxious food, etc. 388. Removing or interfering with articles seized. 389. Power to destroy articles seized. 390. Production of articles, etc., seized before magistrate and powers of magistrate to deal with them. 391. Registration or closing of ownerless places for disposal of dead. 392. Licensing of places for disposal of dead. 393. Provision of places by the corporation for burial and burning grounds and crematoria. 394. Register of registered, licensed and provided places and prohibition of use of other places. 395. Report of burial and burnings. 396. Prohibition against making of vault or grave in any place of public worship. 397. Prohibition against use of burial and burning grounds dangerous to health or overcrowded with graves. 398. Prohibition in respect of corpse. 399. Fencing, etc., of private burial ground. 400. Grave digger’s licence. CHAPTER XVIII PREVENTION OF DISEASES 14 DANGEROUS DISEASES 401. Power to notify dangerous diseases. 402. Obligation of medical practitioner to report dangerous disease. 403. Power of entry into suspected places. 404. Provision of conveyance for carriage of patients. 405. Powers to order removal of patients to hospitals. 406. Disinfection of buildings and articles. 407. Destruction of huts and sheds when necessary. 408. Provision of places for disinfection and power to destroy infected articles. 409. Prohibition against transfer of infected articles. 410. Prohibition against infected person carrying on occupation. 411. Prohibition against diseased person entering public conveyance. 412. Disinfection of public conveyance after carriage of patients. 413. Letting of infected building. 414. Power to order closure of places of public entertainment. 415. Minor suffering from dangerous disease not to attend school. 416. Provision as to library books. 417. Power to prohibit use of water likely to spread infection. 418. Compulsory vaccination. 419. Obligation to give information of small-pox. 420. Prohibition of inoculation for small pox. CHAPTER XIX RULES, REGULATIONS AND BYE-LAWS RULES 421. Power of Government to make rules. 422. Power to make regulations. 423. Power to make bye-laws. 424. Power to give retrospective effect to certain bye -laws and pena lties for breachers of bye-laws 425. Sanction of bye-laws by Government. 426. Conditions precedent to making of bye-laws. 427. Power of Government to make rules in lieu of bye-laws. 428. Publication of rules and bye-laws. 429. Publication of regulations. 430. Exhibition of rules, bye-laws and regulations. CHAPTER XX PENALTIES 431. General provision regarding penalties specified in the schedules. 431-A. Penalties for failure to comply with the Solid Waste Management Scheme 431-B. Compounding of offence 432. Penalties for voting as councillor, acting as Mayor, Dep uty Mayor when not entitled and for failure to hand over documents. 15 433. Penalty for acquisition by any councillor, the Commissioner or any corporation officer of interest in contract or work. 434. Omitted. 435. Penalty for wilfully preventing distraint. 436. Penalty for unlawful building. 436A. Prohibition of unauthorised occupation of land. 437. Notice to certain class of officers and servants of the corporation before discharge. 438. Wrongful restraint of Commissioner and his delegates. 439. Penalty for not giving information or giving false information. 440. Penalty for disobeying requisition under section 150 and schedule IX. 441. Penalty for unauthorised use of corporation property. 442. Penalty for leaving vehicle or animal in dangerous position in public street. CHAPTER XXI PROCEDURE AND MISCELLANEOUS 443. General Provisions regarding licences, registrations and permissions. 443A. Appeal to Karnataka Appellate Tribunal of District Court. 444. Appeal from Commissioner to standing committee. 445. Period of limitation for appeals. 446. Power of person conducting election and other inquires. 447. Summons to attend and give evidence or produce documents. 448. Form of notices and permissions. 449. Proof of consent of municipal authorities or corporation officers. 450. Signature on documents. 451. Publication of notification. 452. Publication of order, notice or other documents. 453. Publication in newspapers. 454. Notice of prohibition or setting apart of places. 455. Method of serving documents. 456. Recovery by occupier of sum leviable from owners. 457. Obstruction of owner by occupier. 458. Execution of work by occupier in default of owner. 459. Commissioner’s power of entry to inspect, survey or execute the work. 460. Power to enter on lands adjacent to works. 461. Consequences of failure to obtain licences, etc., or of breach of the same. 462. Time for complying with order and power to enforce in default. 463. Recovery of expenses from persons liable and limitation or liability of occupier. 464. Recovery of surcharges and charges how made. 465. Power of Commissioner to agree to receive payment of expenses in instalments. 466. Power to declare expenses on certain works as improvement expenses. 467. Improvement expenses by whom payable. 468. Redemption of charge for improvement expenses. 468A. Requisitioning of premises, vehicle, etc., for election purpose. 16 468B. Payment of compensation. 468C. Power to obtaining information. 468D. Power of Entry into and inspection of premises, etc. 468E. Eviction from requisitioned premises. 468F. Release of premises from requisitioning. 468G. Penalty for contravention of any order regarding requisition. 469. Relief to agents and trustees. 470. Recovery of sums due as taxes. 471. Determination by District Court of sums payable. 472. Proceedings before District Court. 473. Recovery of sums payable by distress. 474. Limitation for recovery of dues. 475. Procedure in dealing with surplus sale proceeds. 476. Power of Government to direct person in custody of corporation fund to pay Government and other dues. 477. Period of limitation for making complaints. 478. Cognizance of offences. 479. Imprisonment in default of payment and application of fines. 480. Payment of compensation for damage to corporation property. 481. Recovery of tax, etc., by suit. 482. Institution of suits against municipal authority, officers and agents. 483. Provisions respecting institution, etc., of civil and criminal actions and obtaining legal advice. 484. Legal cell. 485. Indemnity to Government, municipal authorities, officers and servants. 486. Liability of Commissioner and councillor for loss, waste or misapplication of fund, etc. 487. Sanction for prosecution of Mayor, Deputy Mayor, etc. 488. Assessment, etc., not to be impeached. 489. Duties of police officers. 490. Power of police officer to arrest persons. 491. Exercise of powers of police officer by corporation servants. 492. Corporation security force. 493. Application of term “public servant”, to corporation of ficers, agents and sub - agents. 494. Prohibition against obstruction of proceedings of corporation, standing committee, Mayor, etc. 495. Prohibition against removal of mark. 496. Prohibition against removal or obliteration of notice. 497. Prohibition against unauthorised dealings with public place or materials. 498. Bidding prohibited. 499. Offences by companies. 499A. Official display of flag. 500. Effect of absorption of panchayat area into a larger urban area. 17 501. Effect of absorption of a part of a panchayat area into a larger urban area. 501A. Effect of absorption of a smaller urban area or transitional area into a larger urban area. 501B. Effect of absorbtion of a part of smaller urban area or transitional area into a larger urban area. 501C. Effect of declaration of a city municipal area and some other areas as larger urban area under this Act. 501D. Removal of difficulties. 502. Omitted. 503. Declaration of city municipal area as a larger urban area under this Act. 503A. Preparation of development plan. 503B. Metropolitan Planning Committee. 503C. Finance Commission. 504. The provisions of the Karnataka Agricultural Produce Marketing (Regulation) Act, 1966 not affected. 505. Exercise of powers by a corporation to be in confirmity with the provisions of the Karnataka Town and Country Planning Act, 1961. 506. Transitional and transitory provisions. 507. Repeal and savings. 508. Orders for bringing this Act into force. 509. Removal of Difficulties SCHEDULE I Rules of Procedure for the Conduct of Business of the Corporation and Committees SCHEDULE II Essential Services SCHEDULE III Taxation Rules SCHEDULE IV Maximum Rates of Tax on Shops and Other Places of Business or Profession SCHEDULE V Carriages, Boats and Animals Liable to Taxation with the Maximum rates of Taxation SCHEDULE VI Omitted SCHEDULE VII Maximum Rates of Tolls Payable on Entering the Corporation Limits SCHEDULE VIII Tax on Advertisements SCHEDULE IX Financial Rules SCHEDULE X [xxx] SCHEDULE XI Ordinary Penalties SCHEDULE XII 18 Penalties for Continuing Breaches. SCHEDULE XIII [XXX] * * * * 19 STATEMENTS OF OBJECTS AND REASONS I Act 14 of 1977. - The City of Bangalore Municipal Corporation established under the City of Bangalore Municipal Corporation Act, 1949 and the Hubli -Dharwar Municipal Corporation function ing under the Bombay Provincial Municipal Corporations Act, 1949 as in force in the Balgaum Area are the two municipal corporations in the State. It is considered necessary that there should be a single enactment governing municipal corporations in the St ate. This will also enable the establishment of municipal corporations in other cities. Opportunity has been taken to make provision for certain matters which are found necessary as a result of the experience gained in the functioning of the existing municipal corporations. The main features of this Bill are,- (i) creation of municipal authorities, namely: - the corporation, three standing committees and the commissioner; (ii) conferring certain powers on the mayor and the deputy mayor; (iii) specifying the obligatory and discriminatory functions of the corporation; (iv) strengthening the administrative machinery of the corporation in result of administration, account and audit; (v) employment of officers and staff drawn from the Karnataka Municipal Administrative Service which will enable mobility of the staff as between local authorities; (vii) provision for payment of honoraria, allowances and fees to the mayor, the deputy mayor and the councillors. The various other provisions of the Bill generall y follow the provisions of the enactments now in force relating to the municipal corporations. Hence this Bill. (Obtained from L.A. Bill No. 20 of 1974) II Amending Act 24 of 1978.- (As appended to at the time of introduction of the Bill) The Act prov ides for the reservation of the seats for labourers of Industrial Establishments located within the city. Since labourers are scattered throughout the City, it is not practicable to fix up a suitable division for them. Hence it is proposed to omit the prov isions relating to reservation of seats for labourers. It is proposed to divide the City into single member divisions. A voter of any division in the City is being made eligible to consent from any other division. The Corporation has to obtain the previou s sanction of the Government to create any new office whose maximum monthly salary exceeds three hundred and fifty rupees. In view of the revision of pay scale it is proposed to enhance this limit to nine hundred rupees. It is proposed to make the Governm ent liable to pay taxes in respect of premises belonging to it if such premises are rented out by the Government. There will be no tax in respect of similar premises belonging to the Corporation. Section 503 and 506 are proposed to be amended to continue the Administrators of other officers appointed under the repealed enactments and to validate the action taken by them. 20 Hence this Bill. (Obtained from L.A. Bill No. 34 of 1978) III Amending Act 11 of 1979. - It is considered necessary to reduce the perio d for filing objections and suggestions to a notification to alter the limits of a city from three months to one month. Since the Legislative Assembly was not in session, an Ordinance was promulgated and this Bill seeks to replace the said Ordinance. (Obtained from L.A. Bill No. 3 of 1979) IV Amending Act 21 of 1979. - In order to augment the revenues of the State it is proposed to second taxation and other laws. Opportunity is taken to make some other amendments also. Hence this Bill. (Published in the Karnataka Gazette (Extraordinary) Part IV -2A dated 27 -3- 1979 as No. 259). V Amending Act 28 of 1980. - Section 3 of the Karnataka Municipal Corporations Act, 1976 provided for declaring a local area having a local authority whose annual income was not less than one crore of rupees and having a population of not less than 2 lakhs as a City and to establish for City a Corporation. There was no provision to declare a local area having more than one local authority whose total annual income was not less than o ne crore of rupees and whose population was not less than 2 lakhs as a city under the Act. Difficulty therefore arose while declaring the former Belgaum City and Mangalore City and their surrounding areas having several other local authorities as cities un der the Act. This Bill provides for meeting the above difficulty by amending section 3 of the Act. Clause 4 inserts consequential provisions for the vesting of assets, absorption of staff, collection of taxes etc., of the said local authorities in newly f ormed corporation. Provision is also made to constitute a Social Justice Committee to secure social justice to the Scheduled Castes, Scheduled Tribes and other weaker sections of society. A provision to remove any difficulties that may arise in implement ation of these provisions and a validation provision are also included in the Bill. (Published in the Karnataka Gazette (Extraordinary) Part IV dated 23 -7-1980 as No. 574 at page 10) (Obtained from L.A. Bill No. 29 of 1980.) VI Amending Act 40 of 1981. - Under section 320 of the Karnataka Municipalities Act, 1964, the Government have powers to transfer any officer or servant of a municipal council to the service of any other municipal council or any other local authority or of any Government department. Th ere are no provisions in the Karnataka Municipal Corporations Act giving similar powers to the Government to transfer officers or servants of the corporations from one corporation to another or from a corporation to a local authority or a Government Department. Octroi has been abolished in the State. As a result, the surplus octroi staff of the Corporation are to be accommodated. 21 Hence, in order to enable the surplus octroi staff of the Corporations to be absorbed and in the interest of better discipline and effective administration in the Corporations, it is considered necessary to empower the Government to transfer any officer or servant of the Corporation to a Corresponding post in any other Corporation, local body or the Government. The former Mysore City Municipality was declared to be a City under the Karnataka Municipal Corporations, Act, 1976 with effect from 10th June 1977. By virtue of clause (cc) of sub -section (3) of the section 503 of the said Act, the then Administration of the Mysore City Mu nicipality contained in office for a period of one year, there after. However, even after the said period the Administrator has continued to function. It has therefore becomes necessary to validate the actions taken by him after the expiry of the said peri od. As similar situations may arise in other cases, it is proposed to provide for extending the period of the Administrator either prospectively or retrospectively. Similar Amendments are also proposed to section 99, 100 and 101. The High Court of Karnata ka in Writ Petition No. 829/78 has struck down the Karnataka Municipal Corporation Rules, 1977, on the ground that the time allowed for filing objections and suggestions to the draft rules was insufficient. Therefore, the recruitments, made under the aid 1 977 rules have become invalid, creating administrative problems. Therefore, it is necessary to validate the recruitments by suitably amending section 421 of the said Act with retrospective effect providing therein that no previous publication shall be nece ssary for any rule made for the first time after the commencement of the Act and to validate the action so far taken under the said rules. Hence the Bill. (Obtained from L.A. Bill No. 48 of 1981.) VII Amending Act 8 of 1982. - It is considered necessary that Government should have the power to nominate the first Councillors, the Mayor and the Deputy Mayor for the newly constituted Corporations so as to place them on a firm footing during initial stages after their constitution. Accordingly power is being taken to nominate the first Councillors the Mayor and the Deputy Mayor and to constitute an interim corporation and the standing committees for such period not exceeding three years. A provision enabling the rules to be made with retrospective effect is also incorporated. Hence the Bill. (Published in the Karnataka Gazette (Extraordinary) Part IV -2A dated 11 -2- 1982 as, No 102.) (Obtained from L.A. Bill No. 10 of 1982.) VIII Amending Act 13 of 1983. - By passage of time, there has been a steady increase in the participation of women in all walks of life. In order to ensure more and more involvement of women in the affairs of the municipal corporations, it is proposed to provide adequate representation for women by increasing the reservation for women to as nearly as may be 20 per cent of the total number of Councillors. As the relevant population figures of 1981 census has not been officially published, it is proposed to adopt 1971 census figures for determining the division. 22 It is proposed to make all persons who have attained the age of 18 years eligible to vote in elections to municipal corporations. Opportunity is taken to make some minor amendments. Hence the Bill. (Obtained from L.A.
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