Karnataka Municipal Corporations Act, 1976 Chapter XXI - Bare Act |
| State | Karnataka Government |
| Year | 1976 |
| Section Title | Procedure and Miscellaneous |
(1) Every licence or permission granted under this Act or any rule or bye law made under it shall specify the period, if any, for which and the restrictions, limitations and conditions subject to which the same is granted and shall be signed by the Commissioner.
(2) (a) Save as otherwise expressly provided in or may be prescribed under this Act for every such licence or permission fees shall be paid in advance on such units and at such rates as may be fixed by the corporation:
Provided that not more than one fee shall be levied in respect of any purpose specified in more heads than one of Schedule X if such heads form part of a continuous process of manufacture and the fee so charged shall not exceed the highest fee chargeable in respect of any one of the said purposes.
(b) The corporation may compound for any period not exceeding three years at a time with the owner of any mill or factory for a certain sum, to be paid in lieu of the fees payable in respect of such mill or factory.
(c) Every order of the Commissioner or other municipal authority granting or refusing a licence or permission shall be published on the notice board of the corporation.
(3) Every order of the Commissioner or other municipal authority refusing, suspending, cancelling or modifying a licence or permission shall be in writing and shall state the grounds on which it proceeds.
(4)1[Notwithstanding anything contained in this Act], any licence or permission granted under this Act or any rule or bye-law made under it, may at any time be suspended or revoked by the Commissioner, if any of its restrictions or conditions is evaded or infringed by the grantee or if the grantee is convicted of a breach of any of the provisions of this Act or of any rule, bye-law or regulation made under it, in any matter to which such licence or permission relates, or if the grantee has obtained the same by misrepresentation or fraud.
(5) It shall be the duty of the Commissioner to inspect places in respect of which a licence or permission is required by or under this Act, and he may enter any such place between sunrise and sunset, and also between sunset and sunrise if it is open to the public or any industry is being carried on at the time, and if he has reason to believe that anything is being done in any place without a licence or permission, where the same is required by or under this Act, or otherwise than in conformity with the same, he may at any time by day or night without notice enter such place for the purpose of satisfying himself whether any provision of law, rules, bye-laws, regulations, any condition of a licence or permission or any lawful direction or prohibition is being contravened and no claim shall lie against any person for any damage or inconvenience necessarily caused by the exercise of powers under this sub-section by the Commissioner or any person to whom he has lawfully delegated his powers or by the use of any force necessary for effecting an entrance under this sub-section.
(6) When any licence or permission is suspended or revoked or when the period for which it was granted or within which application for renewal should be made has expired, the grantee shall for all purposes of this Act, or any rule or bye-law made under it be deemed to be without licence or permission made until the order suspending or revoking the licence or permission is cancelled or subject to sub-section (10) until the licence or permission is renewed, as the case may be.
(7) Every grantee of any licence or permission, shall at all reasonable times while such licence or permission remains in force, produce the same at the request of the Commissioner.
(8) Whenever any person is convicted of an offence in respect of the failure to obtain a licence or permission or to make registration required by the provisions of this Act, or by any rule or bye-law made under this Act, the magistrate shall, in addition to any fine which may be imposed, recover summarily and pay over to the corporation the amount of the fee chargeable for the licence or permission or for registration and may in his discretion also recover summarily and pay over to the corporation such amount, if any, as he may fix as the costs of the prosecution.
(9) Such recovery of the fee under sub-section (8) shall not by itself entitle the person convicted to a licence or permission or to registration as aforesaid.
(10) The acceptance by the corporation of the pre-payment of the fee for a licence or permission or for registration shall not entitle the person making such pre-payment to the licence or permission or to registration, as the case may be, but only to refund of the fee in case of refusal of the licence or permission or of registration, but an applicant for the removal of a licence or permission, or registration, shall until communication of orders on his application, be entitled to act as if the licence or permission or registration had been renewed; and save as otherwise specially provided in this Act, if orders on an application for licence or permission or for registration are not communicated to the applicant within forty five days after the receipt of the application by the Commissioner, the application shall be deemed to have been allowed for the year or for such less period as is mentioned in the application and subject to the provisions of this Act, the rules, bye-laws, regulations and all conditions ordinarily imposed.
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1. Substituted by Act 32 of 1986 w.e.f. 17-6-1986.
(1) An appeal shall lie to the Standing Committee from,-
(a) any notice issued or other action taken or proposed to be taken by the Commissioner,-
(i) under sections 138, 247, 248, 249, 252, 308, 309, 321(3), 322(1), 323(1), 328(1), 329, 330, 337, 345, 347, 354, 355 and 358;
(ii) under any bye-law concerning house drainage or the connection of house drains with corporation drains; or house connection with corporation water supply or lighting mains.
(b) any refusal by the Commissioner to grant permission to construct or reconstruct a building under section 301 or 315;
(c) any refusal by the Commissioner to grant a permission under section 135, 234, 326 or 354;
(d) any refusal by the Commissioner to grant a licence under section 346, 353, 365 or sub-section (2) of section 372; or
(e) any order of the Commissioner made under sub-section (4) of section 443 suspending or revoking a licence;
(f) any other order of the Commissioner that may be made appealable by the rules made under section 421;
(2) If, on any such appeal, the standing committee reverses or substantially modifies any action taken or proposed to be taken by the Commissioner or any order passed by him, he may, within sixty days of the date of such decision, refer the matter to the corporation, and pending the decision of the corporation on such reference, the Commissioner shall not be bound to give effect to the decision of the standing committee.
(3) The decision of the standing committee or where the matter has been referred to the corporation as aforesaid, the decision of the corporation shall be final.
In any case in which no time is laid down in the foregoing provisions of this Act for the presentation of an appeal allowed thereunder such appeal shall be presented,-
(a) where the appeal is against an order granting a licence or permission, within1[sixty days] after the date of the publication of the order on the notice board of the corporation; and
(b) in other cases within1[sixty days] after the date of receipt of the order or proceeding against which the appeal is made.
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1. Substituted by Act 32 of 1986 w.e.f. 17-6-1986.
All persons authorised by rule to conduct enquiries relating to elections and all inspecting or superintending officers holding any inquiry into matters falling within the scope of their duties, shall have for the purposes of such enquiries the same powers in regard to the issue of summonses for the attendance of witnesses and the production of documents as are conferred upon revenue officers by the Karnataka Land Revenue Act, 1964 and the provisions of that Act shall apply to summonses issued and to persons summoned by virtue of the powers conferred by this section; and all persons to whom summonses are issued by virtue of the said powers shall be bound to obey such summonses.
The Commissioner may summon any person to attend before him, and to give evidence or produce documents, as the case may be, in respect of any question relating to taxation, or inspection, or registration or to the grant of any licence or permission under the provisions of this Act.
All notices and permissions given, issued or granted, as the case may be, under the provisions of this Act shall be in writing.
Whenever under this Act or any rule, bye-law or regulation made under it, the doing of or omitting to do anything or the validity of anything depends upon the approval, sanction, consent, concurrence, declaration, opinion or satisfaction of,-
(a) the corporation, a standing committee or the Commissioner; or
(b) any corporation officer,
a written document signed in the case of (a), by the Commissioner and in the case of (b) by the said corporation officer, purporting to convey or set forth such approval, sanction, consent, concurrence, declaration, opinion or satisfaction, shall be sufficient evidence thereof.
(1) Every licence, permission, notice, bill, schedule, summons, warrant or other document which is required by this Act or by any rule, bye-law or regulation made under it to bear the signature of the Commissioner or of any corporation officer shall be deemed to be properly signed if it bears the facsimile of the signature of the Commissioner or of such corporation officer, as the case may be, stamped thereupon.
(2) Noting in sub-section (1) shall be deemed to apply to a cheque drawn upon the corporation fund or to any deed of contract.
Save as otherwise provided, every notification under this Act shall be published in the official Gazette, in English and in Kannada.
Every order, notice or other documents, directed to be published under this Act or any rule, bye-law or regulation made under it shall unless a different method is prescribed by this Act or by the corporation or the standing committee, as the case may be, be translated into Kannada and deposited in the office of the corporation and copies thereof in English and in Kannada shall be pasted in a conspicuous position at such office and at such other places as the corporation or standing committee, as the case may be, may direct; and a public proclamation shall be made by beat of drum in the locality affected or by advertisement in the local newspapers that such copies have been so pasted and that the originals are open to inspection at the office of the corporation.
Whenever it is provided by this Act or by any rule, bye-law or regulation made under it that notice shall be given by advertisement in the local newspapers or that a notification or any information shall be published in the same, such notice, notification or information shall be inserted in at least one English and one Kannada newspaper published in the city.
Whenever the corporation, a standing committee or the Commissioner shall have set apart any place for any purpose authorised by this Act or shall have prohibited the doing of anything in any place, the Commissioner shall forthwith cause to be put up a notice in English and in Kannada at or near such place. Such notice shall specify the purpose for which such place has been set apart or the act prohibited in such place.
(1) When any notice or other document is required by this Act or by any rule, bye-law, regulation or order made under it to be served on or sent to any person, the service or sending thereof may be effected,-
(a) by giving or tendering the said document to such person; or
(b) if such person is not found, by leaving such document at his last known place of abode or business or by giving or tendering the same to his agent, clerk or servant or some adult member of his family; or
(c) if such person does not reside in the city and his address elsewhere is known to the Commissioner, by sending the same to him by registered post; or
(d) if none of the means aforesaid be available, by affixing the same in some conspicuous part of such place of abode or business.
(2) When the person is an owner or occupier of any building or land it shall not be necessary to name the owner or occupier in the document, and in the case of joint owners and occupiers it shall be sufficient to serve it on, or send it to, one of such owners or occupiers.
(3) Whenever in any bill, notice, form or other document served or sent under this Act, a period is fixed within which any tax or other sum is to be paid or any work executed or anything provided, such period shall, in the absence of an express provision to the contrary in this Act, be calculated from the date of such service or sending by registered post.
If the occupier of any building or land makes on behalf of the owner thereof any payment for which under this Act, the owner, but not the occupier is liable, such occupier shall be entitled to recover the same from the owner and may deduct it from the rent then or thereafter due by him to the owner.
(1) If the occupier of any building or land prevents the owner from carrying into effect in respect thereof any of the provisions of this Act the Commissioner may by an order require the said occupier to permit the owner, within eight days from the date of service of such order, to execute all such works as may be necessary.
(2) Such owner shall, for a period during which he is prevented as aforesaid, be exempt from any fine or penalty to which he might otherwise have become liable by reason of default, in executing such works.
If the owner of any building or land fails to execute any work which he is required to execute under the provisions of this Act or of any rule, bye-law, regulation or order made under it, the occupier of such building or land may, with the approval of the Commissioner, execute the said work, and shall be entitled to recover from the owner the reasonable expenses incurred in the execution thereof and may deduct the amount thereof from the rent then or thereafter due by him to the owner.
The Commissioner or any person authorised by him in this behalf may enter into or on any building or land with or without assistants or workmen in order to make any inquiry, inspection, test, examination, survey, measurement or valuation or for the purpose of lawfully placing or removing meters, instruments, pipes or apparatus, or to execute any other work which he is authorised by the provisions of this Act or of any rule, bye-law, regulation or order made under it, or which it is necessary for any of the purposes of this Act or in pursuance of any of the said provisions to make or execute:
Provided that,-
(a) except when it is in this Act otherwise expressly provided, no such entry shall be made between sunset and sunrise;
(b) except when it is in this Act otherwise expressly provided no dwelling house, and no part of a public building or hut, which is used as a dwelling place, shall be so entered without the consent of the occupier thereof, unless the said occupier has received at least twenty four hours previous notice of the intention to make such entry;
(c) sufficient notice shall be in every case given, even when any premises may otherwise be entered without notice, to enable the inmates of any apartment appropriated to females to withdraw to some part of the premises where their privacy may be preserved;
(d) due regard shall be paid, so far as may be compatible with the exigencies of the purpose of the entry, to the social and religious usages of the occupants of the premises.
(1) The Commissioner or any person, authorised by him in this behalf may with or without assistants or workmen enter on any land adjoining or within forty five meters of any work authorised by this Act or by any rule, bye-law, regulation or order made under it, for the purpose of depositing on such land any soil, gravel, stone or other materials, or of obtaining access to such work, or for any other purpose connected with the carrying on thereof.
(2) The Commissioner or such authorised person shall, before entering on any land under sub-section (1), give the owner and occupier three days' previous notice of the intention to make such entry, and state the purpose thereof, and shall if so required by the owner or occupier, fence off so much of the land as may be required for such purpose.
(3) The Commissioner or such authorised person shall not be bound to make any payment, tender or deposit before entering on any land under sub-section (1), but shall do as little damage as may be. The Commissioner shall pay compensation to the owner or occupier of the land for such entry and for any temporary or permanent damage that may result therefrom.
(4) If such owner or occupier is dissatisfied with the amount of compensation paid to him by the Commissioner, he may appeal to the standing committee, whose decision shall be final.
(1) If, under this Act, or any rule, bye-law or regulation made under it the licence or permission of the Corporation, the standing committee or Commissioner or registration in the office of the Corporation is necessary for the doing of any act, and if such act is done without such licence or permission or registration then,-
(a) the Commissioner may, by notice, require the person so doing such act to alter, remove, or as far as practicable restore to its original state the whole or any part of any property, movable or immovable, public or private, affected thereby within a time to be specified in the notice.
(b) the Commissioner or any officer duly authorised by him may also enter into or on any building or land where such act is done and take all such steps as may be necessary to prevent the continuance of such act; and
(c) if no penalty has been specially provided in this Act for so doing such act, the person so doing it shall be liable on conviction by a magistrate to a fine not exceeding fifty rupees for every such offence.
(2) No claim shall lie against the Commissioner or any other person for any damage or inconvenience caused by the exercise of the power given under this section or by the use of the force necessary for the purpose of carrying out the provisions of this section.
(1) Whenever by any notice, requisition or order made under this Act orunder any rule, bye-law or regulation made under it, any person is required to execute any work, or to take any measures or do anything, a reasonable time shall be named in such notice, requisition or order within which the work shall be executed, the measures taken, or the thing done.
(2) If such notice, requisition or order is not complied with within the time so named, then whether or not a fine is provided for such default and whether or not the person in default, is liable to punishment or has been prosecuted or sentenced to any punishment for such default, the Commissioner may cause such work to be executed, or may take any measure or do anything which may, in his opinion, be necessary for giving due effect to the notice. requisition or order as aforesaid.
(3) If no penalty has been specially provided in this Act for failure to comply with such notice, the said person shall, on conviction, be punished with fine not exceeding fifty rupees for such offence.
(1) The Commissioner may recover any reasonable expenses incurred under section 462 from the person or any one of the persons to whom the notice, requisition or order was addressed in the same manner as the tax on buildings or lands and may in executing work or taking measures under section 462 utilise any materials found on the property concerned or may sell them and apply the sale proceeds in or towards the payment of the expenses incurred.
(2) If the person to whom notice is given is the owner of the property in respect of which it is given, the Commissioner may (whether any action or other proceeding has been brought or taken against such owner or not) require the person if any, who occupies such property, or any part thereof, under the owner to pay to the corporation instead to the owner the rent payable by him in respect of such property, as it falls due, upto the amount recoverable from the owner under sub-section (1) or to such smaller amount as the Commissioner may think proper, and any amount so paid shall be deducted from the amount payable by the owner.
(3) For the purpose of deciding whether action should be taken under sub-section (2) the Commissioner may require any occupier of property to furnish information as to the sum payable by him as rent on account of such property and as to the name and address of the person to whom it is payable; and such occupier shall be bound to furnish such information.
(4) The provision of this section shall not affect any contract made between any owner and occupier respecting the payment of expenses of any such work as aforesaid.
(1) Every sum certified by the auditor to be due from any person under rule 16 of Schedule IX shall be paid by such person into the treasury or bank in which the funds of the corporation are lodged, within one month from the receipt by him of the decision of the Commissioner, unless within that time such person has applied to the court or to the Government as provided in rule 15 of Schedule IX.
(2) The said sum, if not paid, or if an application has been made to the court or to the Government against the decision of the auditor as provided in rule 15 or 16 of Schedule IX such sum as the court or the Government shall declare to be due, shall be recoverable, on an application made by the Commissioner to the court, in the same manner as an amount decreed by the court in favour of the Commissioner.
Instead of recovering any such expenses as aforesaid in the manner provided under section 470, the Commissioner may, if he thinks fit and with the approval of the standing committee take an agreement from the person liable for the payment thereof, to pay the same in instalments of such amounts and at such intervals as will secure the payment of the whole amount due, with interest thereon at the rate of nine per cent per annum, within a period of not more than five years.
If the expenses to be recovered have been incurred or are to be incurred in respect of any work mentioned,-
(a) in section 189, section 225, section 227, clause (b) of sub-section
(1) of section 272, section 283, sub-sections (1) and (2) of section328, section 332 section 337, section 376 or section 462; or
(b) in any rule made under this Act in which this section is made applicable to such expenses,
the Commissioner may, if he thinks fit and with the approval of the standing committee, declare such expenses to be improvement expenses.
(1) Improvement expenses shall be a charge on the premises, in respect of which or for the benefit of which the same shall have been incurred and shall be recoverable in instalments of such amounts, and at such intervals, as will suffice to discharge such expenses together with interest thereon within such period not exceeding twenty years as the Commissioner may in each case determine.
(2) The said instalments shall be payable by the owner or occupier of the premises on which the expenses are charged:
Provided that when the occupier pays any such instalment he shall be entitled to deduct the amount thereof from the rent payable by him to the owner or to recover the same from the owner.
At any time before the expiration of the period for the payment of any improvement expenses, the owner or occupier of the premises on which the expenses are charged may redeem such charge by paying to Commissioner such part of the said expenses as are still payable.
1 [468A. Requisitioning of premises, vehicle, etc., for election purpose
(1) If it appears to an officer authorised by the State Election Commission for the conduct of elections to the Corporation under this Act (hereinafter referred to as "the requisitioning authority") that in connection with an election under this Act,-
(a) any premises is needed or is likely to be needed for the purpose of being used as a polling station or for the storage of ballot boxes after a poll has been taken; or
(b) any vehicle, vessel or animal is needed or is likely to be needed for the purpose of transport of ballot boxes to or from any polling station or transport of members of the police force for maintaining order during the conduct of such election, or transport of any officer or other person for performance of any duties in connection with such election,
the requisitioning authority may by order in writing requisition such premises, or as the case may be, such vehicle, vessel or animal and may make such further orders as may appear to it to be necessary or expedient in connection with the requisitioning:
Provided that no vehicle, vessel or animal which is being lawfully used by a candidate or his agent for any purpose connected with the election of such candidate shall be requisitioned under this sub-section, until the completion of the poll at such elections.
(2) The requisitioning shall be effected by an order in writing addressed to the person deemed by the requisitioning authority to be the owner or person in possession of the property, and such order shall be served in the manner prescribed on the person to whom it is addressed.
(3) Whenever any property is requisitioned under sub-section (1), the period of such requisitioning shall not extend beyond the period for which such property is required for any of the purposes mentioned in that subsection.
(4) In this section,-
(a) "premises" means any land, building or part of a building and includes a hut, shed or other structure or any part thereof;
(b) "vehicle" means any vehicle used or capable of being used for the purpose of road transport whether propelled by mechanical power or otherwise.]
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1. Sections 468A to 468G inserted by Act 25 of 1995 w.e.f. 26-9-1995.
(1) Whenever in pursuance of section 268A, the requisitioning authority requisitions any premises, the Corporation concerned shall pay to the persons interested compensation, the amount of which shall be determined by the requisitioning authority by taking into consideration the following factors that is to say:-
(i) the rent payable in respect of the premises, or if not rent is so payable, the rent payable for similar premises in the locality;
(ii) if in consequence of the requisitioning of premises, the person interested is compelled to change his residence or place of business, the reasonable expenses, if any, incidental to such change:
Provided that, when any person interested being aggrieved by the amount of compensation so determined makes an application to the requisitioning authority within thirty days of the order under sub-section (1) the matter shall be referred by the requisitioning authority to the Civil Judge having jurisdiction in the locality and the amount of compensation to be paid shall be such as the Civil Judge may determine.
Explanation.--In this sub-section, the expression "person interested" means the person who was in the actual possession of the premises requisitioned immediately before the requisitioning or where no person was in such actual possession, the owner of such premises.
(2) Whenever in pursuance of section 468A, the requisitioning authority requisitions any vehicle, vessel or animal the Corporation shall pay to the owner thereof compensation, the amount of which shall be determined by the requisitioning authority on the basis of fares or rates prevailing in the locality for the hire of such vehicle, vessel or animal:
Provided that where the owner of such vehicle, vessel or animal being aggrieved by the amount of compensation so determined, makes an application within thirty days to the requisitioning authority, the matter shall be referred to the Civil Judge having Jurisdiction in the locality and the amount of compensation to be paid shall be such as the Civil Judge may determine:
Provided further that where immediately before the requisitioning the vehicle or vessel was by virtue of a hire purchase agreement in the possession of a person other than the owner the amount determined under this sub-section as the total compensation shall be apportioned between that person and the owner in such manner as they may agree upon and in default of agreement in such manner as an arbitrator appointed by the requisitioning authority in this behalf may decide.
The requisitioning authority may with a view to requisitioning any property under section 468A or determining the compensation payable under section 468B by order require any person to furnish to such authority as may be specified in the order such information in his possession relating to such property as may be specified.
(1) Any person authorised in this behalf by the requisitioning authority may enter into any premises and inspect such premises and any vehicle, vessel or animal therein for the purpose of determining whether, and if so in what manner an order under section 468C should be made in relation to such premises, vehicle, vessel or animal or with a view to securing compliance with any order made under that section.
(2) In this section the expression "premises" and "vehicle" have the same meaning as in section 468A.
(1) Any person remaining in possession of any requisitioned premises in contravention of any order made under section 468A may be summarily evicted from the premises by any officer empowered by the requisitioning authority in this behalf.
(2) Any officer so empowered may after giving to any woman not appearing in public, reasonable warning and facility to withdraw, remove or open any lock or bolt or break open any door of any building or do any other act necessary for effecting such eviction.
(1) When any premises requisitioned under section 468A are to be released from requisitioning the possession thereof shall be delivered to the person from whom possession was taken at the time of the requisition or if there was no such person to the person deemed by the requisitioning authority to be the owner of such premises and such delivery of possession shall be a full discharge of the requisiting authority from all liabilities in respect of such delivery but shall not prejudice any rights in respect of the premises which any other person may be entitled by due process of law to enforce against the person to whom possession of the premises is so delivered.
(2) Where the person to whom possession of any premises requisitioned under section 468A is to be given under sub-section (1) cannot be found or is not readily ascertainable or has no agent or any other person empowered to accept delivery on his behalf, requisitioning authority shall cause a notice declaring that such premises are released from the requisitioning to be affixed on some conspicuous part of such premises and on the notice board of the office of the Corporation.
(3) When a notice is affixed on the notice board as provided in subsection (2), the premises specified in such notice shall cease to be subject to requisitioning on and from the date of such affixing of the notice and be deemed to have been delivered to the person entitled to possession thereof and the requisitioning authority or Corporation shall not be liable for any compensation or other claim in respect of such premises for any period after the said date.
If any person contravenes any order made under section 468A or section 468C he shall on conviction be punished with imprisonment for a term which may extend to one year or with fine or with both.
(1) Where an agent, trustee, guardian, manager or receiver would be bound to discharge any obligation imposed by this Act, or any rule, bye-law, regulation or order made under it for the discharge of which money is required, he shall not be bound to discharge the obligation unless he has or but for his own improper act or default might have had, in his hands funds belonging to the principal or beneficial owner sufficient for the purposes.
(2) The burden of proving the facts entitling any person to relief under this section shall lie on him.
(3) When any person has claimed and established his right to relief under this section, the Commissioner may give him notice to apply to the discharge of such obligation as aforesaid the first moneys which shall come to his hands on behalf of or for the use of the principal or beneficial owner, as the case may be; and should he fail to comply with such notice he shall be deemed to be personally liable to discharge such obligation.
All costs, damages, penalties, compensation, charges, fees, rents, expenses, contributions and other sums which under this Act or any rule, bye-law or regulation made thereunder or any other law or under any contract including a contract in respect of water-supply or drainage made in accordance with this Act, and the rules, byelaws and regulations are due by any person to the corporation shall, if there is no special provision in this Act for their recovery be demanded by bill, containing particulars of the demand and notice of the liability incurred in default of payment and may be recovered in the manner provided in Chapter X unless within fifteen days from the date of service of the bill such person shall have applied to the District Court having jurisdiction, under section 471.
Where in any case not provided for in section 480 any municipal authority or any person is required by or under this Act or any rule, bye-law, regulation or contract made under it to pay any costs, damages, penalties, compensation, charges, fees, rents, expenses contributions, or other sums referred to in section 470, the amount or apportionment of the same, shall, in case of dispute, be ascertained and determined except as is otherwise provided in section 207, 407 or 460 or in the Land Acquisition Act, 1894, by the District Court having jurisdiction on application made to it for this purpose at any time within six months from the date when such costs, damages, penalties, compensation, charges, fees, rents, expenses, contributions or other sums first became payable.
(1) On an application made under section 471, the District Court shall summon the other party to appear before it.
(2) On the appearance of the parties or, in the absence of any of them, on proof of due service of the summons, the District Court may hear and determine the case.
(3) In every such case the District Court shall determine the amount of the costs and shall direct by which of the parties the same shall be paid.
If the sum due on account of costs, damages, penalties, compensation, charges, fees, rents, expenses, contribution or other sums ascertained in the manner described in section 471, is not paid by the party liable within fifteen days after demand such sum may be recovered under a warrant of the District Court, by distress and sale of the movable property of such party.
No distraint shall be made, no suit shall be instituted and no prosecution shall be commenced in respect of any sum due to the corporation under this Act after the expiration of a period of six years from the date on which distraint might first have been made, a suit might first have been instituted or prosecution might first have been commenced, as the case may be, in respect of such sum.
If any property, movable or immovable is sold, under the provisions of this Act, and if there is a surplus after the sum due to the corporation and the costs have been deducted from the sale proceeds, such surplus shall, if the owner of the property sold claims it within three years from the date of the service or sending of the notice regarding such surplus be paid to him by the Commissioner, but if no such claim is preferred within such time, the said surplus shall be credited to the corporation fund and no suit lie for the recovery of any sum so credited.
If the corporation makes default in the payment of any amount due to the Government, the Karnataka State Electricity Board, the Bangalore Water Supply and Sewerage Board or any other statutory authority, Government may make an order directing the person having the custody of the corporation fund to pay it in priority to any other charge against such fund, and such person shall, so far as the funds to the credit of the corporation admit, comply with such order.
No person shall be liable to be tried for any offence against any of the provisions of this Act, or of any rule, bye-law, regulation or order made under it, unless complaint is made within six months from the commission of the offence, by the police or the commissioner or by a person authorised in this behalf by the corporation or the standing committee or the Commissioner:
Provided that failure to take out a licence, obtain permission or secure registration under this Act shall, for the purposes of this section, be deemed a continuing offence until the expiration of the period, if any, for which the licence, permission or registration is required, and if no period is specified complaint may be made at any time within twelve months from the commission of the offence.
All offences against this Act, or against any rule, bye-law, regulation or order made under it, whether committed within or outside the city, shall be cognizable by a first class magistrate having jurisdiction in the city; and such first class magistrate shall not be deemed to be incapable of taking cognizace of any such offence or of any offence against any enactment hereby repealed, by reason only of his being liable to pay any corporation rate or other tax or of his being benefited by the corporation fund to the credit of which any fine imposed by him will be payable.
(a) In case any fine, costs, tax or other sum of money imposed, assessedor recoverable by a magistrate under this Act or under any rule, bye-law, or regulation made under it, shall not be paid, the magistrate may order the offender to be imprisoned in default of payment subject to all the restrictions, limitations and condition imposed in sections 64 to 70 (both inclusive) of the Indian Penal Code.
(b) Any fine, costs, tax or other sum imposed, assessed or recoverable by a magistrate under this Act or any rule, bye-law or regulation made thereunder shall be recoverable by such magistrate, as if it were a fine imposed under the Code of Criminal Procedure, 1973 (Central Act 2 of 1974) and the same shall on recovery be credited to the corporation fund.
If, on account of any act or omission, any person has been convicted of an offence against the provisions of this Act or against any rule, bye-law or regulation made under it and by reason of such act or omission damage has been caused to any property of the corporation the said person shall pay compensation for such damage, notwithstanding any punishment to which he may have been sentenced for the said offence. In the event of dispute, the amount of compensation payable by the said person shall be determined by the magistrate before whom he was convicted of the said offence on application made to him for the purpose by the Commissioner not later than three months from the date of conviction, and in default of payment of the amount of compensation so determined, it shall be recovered under a warrant from the said magistrate as if it were a fine inflicted by him on the person liable therefor.
Nothing herein contained shall preclude the corporation from suing in a civil court for the recovery of any duty, fee, rate, charges or other amount due under this Act.
(1) No suit 1 [x x x]shall be instituted against the corporation or any municipal authority, corporation officer or servant, or any person acting under the direction of the same, in respect of any act done in pursuance or in execution, or intended execution of this Act or any rule, bye-law, regulation or order made under it or in respect of any alleged neglect or default in the execution of this Act or any rule, bye-law, regulation or order made under it until the expiration of 2 [sixty days] after a notice has been delivered or left at the corporation office or at the place of abode of such officer, servant or person, stating the cause of action , the relief sought, and the name and place of abode of the intending plaintiff, and the plaint shall contain a statement that such notice has been so delivered or left.
3 [(1A) A suit to obtain an urgent or immediate relief against the corporation or any municipal authority, corporation officer or servant in respect of any act done or purporting to de done by such officer or servant in his official capacity, may be instituted with the leave of the court, without serving any notice as required by sub-section (1), but the court shall not grant relief in the suit, whether interim or otherwise except after giving to the corporation officer or servant, as the case may be, a reasonable opportunity of showing cause in respect of the relief prayed for in the suit:
Provided that the court shall, if it is satisfied after hearing the parties that no urgent or immediate relief need be granted in the suit, return the plaint, for presentation to it after complying with the requirements of sub-section (1).]
(2) Every such suit be shall commenced, within six months after the date on which the cause of action arose or in case of a continuing injury or damage during such continuance or within six months after the ceasing thereof.
1 [(3) x x x]
(4) If any person to whom any notice is given under sub-section (1) tenders the amount to the plaintiff before the suit is instituted, and if the plaintiff, does not recover in any such action more than the amount so tendered he shall not recover any costs incurred after such tender and the defendant shall be entitled to costs as from the date of tender.
(5) Where the defendant in any suit is the Commissioner, a corporation officer or servant, payment of the sum or any part of any sum payable by him in or in consequence of the suit, whether in respect of costs, charges, expenses, compensation for damages or otherwise may by made, with the sanction of the standing committee, from the corporation fund.
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1. Omitted by Act 32 of 1986 w.e.f.17-6-1986.
2. Substituted by Act 32 of 1986 w.e.f. 17-6-1986.
3. Inserted by Act 32 of 1986 w.e.f. 17-6-1986.
The Commissioner may,-
(a) take, or withdraw from, proceedings against any person who is charged with,-
(i) any offence against this Act, the rules, bye-laws or regulations;
(ii) any offence which affects or is likely to affect any property or interest of the corporation or the due administration of this Act;
(iii) committing any nuisance whatsoever;
(b) compound any offence against this Act, the rules, bye-laws or regulations which may by rules made by the Government be declared compoundable;
(c) defend himself if sued or joined as a party in assessment or tax;
(d) defend, or compromise any appeal against any proceeding in respect of the conduct of elections;
(e) take, with-draw from or compromise proceedings under sections 471 and 480 for the recovery of expenses or compensation claimed to be due to the corporation;
(f) withdraw or compromise any claim for a sum not exceeding five hundred rupees against any person in respect of a penalty payable under a contract entered into with such person by the Commissioner, or with the approval of the standing committee, any such claim for any sum exceeding five hundred rupees;
(g) 1 [x x x] defend any suit or other legal proceeding brought against the corporation or against any municipal authority, officer or servant in respect of anything done, or omitted to be done by them, respectively, in their official capacity;
2 [Provided that he shall, within fifteen days from the date of taking action under this clause report to the corporation with regard to such action.]
(h) with the approval of the standing committee, compromise any claim, suit or other legal proceedings brought against the corporation or against any municipal authority, officer or servant, in respect of anything done or omitted to be done as aforesaid;
(i) with the approval of the standing committee institute and prosecute any suit or withdraw from or compromise any suit or claim, other than a claim of the description specified in clause (f), which has been instituted or made in the name of the corporation or the Commissioner;
(j) obtain such legal advice and assistance as he may think it necessary or expedient to obtain, or as he may be desired by the corporation or the standing committee to obtain, for any of the purposes mentioned in the foregoing clause of this section or for securing the lawful exercise or discharge of any power or duty vesting in or imposed upon any municipal authority, officer or servant.
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1. Omitted by Act 32 of 1986 w.e.f.17-6-1986.
2. Inserted by Act 32 of 1986 w.e.f. 17-6-1986.
(1) There shall be a legal cell in the corporation consisting of such number of officers possessing such qualifications as are prescribed.
(2) The corporation shall consult the legal cell on all matters pertaining to the interpretation of the provisions of this Act and the Rules, Regulations and bye-laws made thereunder and also in matters pertaining to the institution, defence or conduct of suits and other legal proceedings to which the corporation is a party.
(3) The expenditure on the legal cell shall be met out of the corporation funds.
No suit, prosecution or other legal proceedings shall lie against the Government or any municipal authority, officer, or servant or any person acting under the direction of the Government or any municipal authority, officer or servant, in respect of anything in good faith done or intended to be done under this Act, or any rule, bye-law, regulation or order made under it.
(1) The Commissioner and every councillor shall be liable for the loss, waste or misapplication of any money or other property owned by or vested in the corporation, if such loss, waste, or misapplication is a direct consequence of his wilful neglect or misconduct and a suit for compensation may be instituted against him by the corporation with the previous sanction of the Government.
(2) Every such suit shall be commenced within three years after the date on which the cause of action arose.
When the Mayor or Deputy Mayor, or any councillor or the Commissioner or any officer of Government working in the corporation on deputation is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharging of his official duty, no magistrate shall take congnizance of such offence except with the previous sanction of the Government.
(1) No assessment or demand made and no charge imposed under the authority of this Act shall be impeached or affected by reason of any clerical error or by reason of any mistake,-
(a) in respect of the name, residence, place of business or occupation of any person, or
(b) in the description of any property or thing, or
(c) in respect of the amount assessed, demanded or charged: Provided that the provisions of this Act have in substance and effect been complied with and no proceedings under this Act shall, merely for defect in form, be quashed or set aside by any court.
(2) No suit shall be brought in any court to recover any sum of money collected under the authority of this Act or to recover damages on account of any assessment, or collection of money made under the said authority:
Provided that the provisions of this Act have in substance and effect, been complied with.
(3) No distraint or sale under this Act shall be deemed unlawful, nor shall any person making the same be deemed a trespasser, on account of any error, defect or want of form in the bill, notice, schedule, form, summons, notice of demand, warrant of distraint, inventory or, other proceeding relating thereto, if the provisions of this Act, the rules and the bye-laws have, in substance and effect been complied with:
Provided that every person aggrieved by any irregularity may recover satisfaction for any special damage sustained by him.
It shall be the duty of every police officer,-
(a) to communicate without delay to the appropriate corporation officer any information which he receives of the design to commit or of the commission of any offence under this Act or any rule, bye-law or regulations made under it;
(b) to assist the Commissioner or any corporation officer or servant or any person to whom the Commissioner has lawfully delegated powers reasonably demanding his aid for the lawful exercise of any power vesting in the Commissioner or in such corporation officer or servant or person under this Act or any such rule, bye-law or regulation, and for all such purposes he shall have the same powers which he has in the exercise of his ordinary police duties.
(1) If any police officer sees any person committing an offence against any of the provisions of this Act or of any rule, bye-law or regulation made under it, he shall, if the name and address of such person are unknown to him and if the said person on demand declines to give his name and address or gives a name and address which such officer has reason to believe to be false, arrest such person.
(2) No person arrested under sub-section (1) shall be detained in custody,-
(a) after his true name and address are ascertained, or
(b) without the order of a magistrate for any longer time, not exceeding twenty four hours from the hour of arrest than is necessary for bringing him before a magistrate.
Government may empower any corporation officer or servant or any class of corporation officers or servants to exercise the powers of a police officer for the purposes of this Act.
(1) There shall be constituted and maintained a force to be called the corporation security force,-
(i) for the better protection and security of the property owned by the corporation;
(ii) for aiding the officers of the corporation in the detection and investigation of any matter relating to leakage of revenue or any tax payable to the corporation;
(iii) for effective communication and obtaining of any information regarding any design to commit or the commission of any offence by any person under this Act, any rule, bye-law or regulation or order made under it.
(2) The corporation security force shall consist of such number of supervisory officers and members as may be determined by the corporation and shall be appointed by the Commissioner in accordance with such rules as may be prescribed.
(3) The Commissioner shall exercise powers of superintendence and control over the corporation security force and matters relating to recruitment and conditions of service, the conduct and discipline of the members of the security force shall be governed by such rules as may be prescribed.
Every councillor, officer or servant, every contractor or agent for the collection of any corporation tax, fee or other sum due to the corporation and every person, employed by any such contractor or agent for the collection of such tax, fee, or sum shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code.
No person shall obstruct any proceedings of the corporation or any standing committee, the Mayor or Deputy Mayor, and Councillor, the Commissioner or any person employed by the corporation or any person with whom the Commissioner has entered into a contract on behalf of the corporation in the performance of their duty or of anything which they are empowered or required to do by virtue of or in consequence of this Act or of any rule, bye-law, regulation or order made under it.
No person shall remove any mark set up for the purpose of indicating any level or direction incidental to the execution of any work authorised by this Act or any rule, bye-law, regulation or order made under it.
No person shall, without authority in that behalf remove, destroy, defence or otherwise obliterate any notice exhibited by or under the orders of the corporation, a standing committee or the Commissioner.
No person shall, without authority in that behalf, remove earth, sand or other material or deposit any matter or make any encroachment, from, in, or on any land vested in the corporation or watercourses (not being private property), or in any way obstruct the same.
(1) No employee or officer of the corporation having any duty to perform in connection with the sale of movable or immovable property by or on behalf of the corporation under this Act shall directly or indirectly bid for or acquire interest in any property sold at such sale.
(2) Any person who contravenes the provisions of sub-section (1) shall be punished with fine which may extend to five hundred rupees and shall also be liable to dismissal from service.
(1) Where any offence under this Act has been committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1) where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of or is attributable to any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Explanation.--For the purpose of this section,-
(a) "company" means a body corporate, and includes a firm;
(b) "director" in relation to a firm means a partner in the firm.
1 [499A. Official display of flag
(1) No person shall fly any flag other than the National Flag or a flag approved by the Government on the office of the Corporation.
(2) Whoever contravenes sub-section (1) shall be punished with imprisonment for a term which may extend to three months or with fine which may extend to rupees five thousand or with both and in the case of continuing contravention with a further fine which may extend to rupees five hundred for each day during which the contravention continues.]
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1. Inserted by Act 22 of 1991 w.e.f. 29-4-1991.
If any local area consisting of one or more revenue villages in respect of which a 1 [Panchayat areal] has been constituted under the 1 [Karnataka Panchayat Raj Act, 1993] is included in a 1 [larger urban area] by virtue of a notification under sub-section (1) of section 4 then, notwithstanding anything contained in this Act or in the 1 [Karnataka Panchayat Raj Act, 1993], but subject to the provisions of section 4 of this Act, with effect from the date on which such area is included in a 1 [larger urban area], the following consequences shall ensue, namely:-
(a) the 1 [Grama Panchayat of such local area] (here-inafter referred to as the panchayat) shall cease to exist and the 1 [Taluk Panchayat and Zilla Panchayat within the jurisdiction of which such area is situated] shall cease to have jurisdiction over such area;
(b) the unexpended balance of the 1 [Grama Panchayat Fund] and the property (including arrears of rates, taxes and fees) belonging to the panchayat and all rights and powers which, prior to such notification, vested in the panchayat shall, subject to all charges and liabilities affecting the same, vest in the corporation of the 1 [larger urban area] (hereinafter referred to as the corporation);
(c) any appointment, notification, notice, tax, order, scheme, licence, permission, rule, bye-law or form, made, issued, imposed or granted under 1 [the Karnataka Panchayat Raj Act, 1993], immediately before the said date in respect of the said local area shall continue in force and be deemed to have been made, issued, imposed or granted under this Act until it is superseded or modified by any appointment, notification, notice, tax, order, scheme, licence, permission, rule, bye-law or form, made, issued, imposed or granted under this Act;
(d) all budget estimates, assessments, assessment lists, valuations or measurements, made or authenticated under 1 [the Karnataka Panchayat Raj Act, 1993], immediately before the said date in respect of the said local area shall be deemed to have been made or authenticated under this Act.
(e) all debts and obligations incurred and all contracts made by or on behalf of the panchayat immediately before the said date and subsisting on the said date shall be deemed to have been incurred and made by the corporation in exercise of the power conferred on it by this Act.
(f) all officers and servants in the employ of the panchayat immediately before the said date shall become officers and servants of the corporation under this Act and shall, until other provision is made in accordance with the provision of this Act receive salaries and allowances and be subject to the conditions of service to which they were entitled or subject immediately before such date:
Provided that it shall be competent to the corporation, subject to the previous sanction of the Government to discontinue the services of any officer or servant, who, in its opinion, is not necessary or suitable for the requirements of the service under the corporation after giving such officer or servant such notice as is required to be given by the terms of his employment and every officer or servant whose services are dispensed with shall be entitled to such leave, pension, provident fund and gratuity as he would have been entitled to take or receive on being invalidated out of service, as if the panchayat in the employ of which he was, had not ceased to exit;
(g) all proceedings pending on the said date before the panchayat shall be deemed to be transferred to and shall be continued before the corporation;
(h) all appeals pending before any authority shall, so far as may be practicable, be disposed of as if the said local area had been included in the 1 [lager urban area] when they were filed;
(i) all prosecutions instituted by or on behalf of the panchayat and all suits or other legal proceedings instituted by or against the panchayat or any officer of the panchayat pending on the said date shall be continued by or against the corporation as if the said local area had been included in the 1 [larger urban area] when such prosecutions, suits or proceedings were instituted;
(j) all arrears of rates, taxes and fees vesting in the corporation shall, notwithstanding that such rates and fees cannot be levied under this Act, be recoverable in the same manner as a tax recoverable under this Act;
(k) until the reconstitution of the corporation in accordance with the provisions of this Act, notwithstanding anything to the contrary contained in this Act, such number of persons ordinarily resident in the local area included in the 1 [larger urban area] who are nominated by the Government shall be additional councillors of the corporation.
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1. Substituted by Act 35 of 1994 w.e.f. 1-6-1994.
If any part of an area within the limits of a 1 [panchayat area] is included in a 1 [larger urban area], then notwithstanding anything contained in this Act or in the 1 [Karnataka Panchayat Raj Act, 1993] but subject to the provisions of section 4 of this Act, with effect from the date on which such area is included in the 1 [larger urban area], the following consequences shall ensue namely:-
(a) so much of the 1 [Grama Panchayat Fund] and other property vesting in the 1 [Grama Panchayat] shall be transferred to the corporation fund as the Government may, by order in writing, direct;
(b) the rights and liabilities of the 1 [Gramal Panchayat] in respect of civil and criminal proceedings, contracts, and other matters or things (including arrears of taxes, fees and cess) arising in or relating to the part of the area included in the 1 [larger urban area] shall vest in the corporation; and such rights and liabilities may be enforced by or against the corporation under this Act or the rules, bye-laws and orders made thereunder;
(c) such officers and servants of the 1 [Grama Panchayat] shall be transferred to the corporation as the Government may, by order, direct.
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1. Substituted by Act 35 of 1994 w.e.f. 1-6-1994.
1 [501A. Effect of absorption of 2 [a smaller urban area or transitional area into a larger urban area]
If any local area comprised in a 2 [smaller urban area or a transitional area] constituted or continued under the Karnataka Municipalities Act, 1964 (Karnataka Act 22 of 1964) or any other law is included in a 2 [larger urban area] by virtue of a notification under sub-section (1) of section 4, then, notwithstanding anything contained in this Act or the Karnataka Municipalities Act, 1964 or any other law, but subject to the provisions of section 4, with effect from the date on which such area is included in the 2 [larger urban area], the following consequences shall ensue, namely:-
(a) the municipal council or the 2 [town panchayat of such local area] (hereinafter referred to as the local authority) shall cease to exist;
(b) the unexpended balance of the fund of the local authority (including arrears of rates, taxes and fees) belonging to the local authority and all rights and powers which, prior to such notification, vested in the local authority shall, subject to all charges and liabilities affecting the same, vest in the corporation of the 2 [larger urban area] (hereinafter referred to as the corporation);
(c) any appointment, notification, notice, tax, order, scheme, licence, permission, rule, bye-law or form made, issued, imposed or granted under any law or rule immediately before the said date in respect of the said local authority shall continue in force and be deemed to have been made, issued, imposed or granted under this Act until it is superseded or modified by any appointment, notification, notice, tax, order, scheme, licence, permission, rule, bye-law, or form made, issued, imposed or granted under this Act;
(d) all budget estimates, assessment lists, valuations or measurements, made or authenticated under any law or rule immediately before the said date in respect of the said local authority shall be deemed to have been made or authenticated under this Act;
(e) all debts and obligations incurred and all contracts made by or an behalf of the local authority immediately before the said date and subsisting on the said date shall be deemed to have been incurred and made by the Corporation in exercise of the powers conferred on it by this Act;
(f) all officers and servants in the employ of the local authority immediately before the said date shall become officers and servants of the corporation under this Act and shall, until other provision is made in accordance with the provisions of this Act, receive salaries and allowances and be subject to the conditions of service to which they were entitled immediately before such date:
Provided that it shall be competent to the corporation, subject to the previous sanction of the Government, to discontinue the services of any officer or servant who, in its opinion, is not necessary or suitable for the requirements of the service under the corporation after giving such officer or servant such notice as is required to be given by the terms of his employment and every officer or servant whose services are dispensed with shall be entitled to such leave, pension, provident fund and gratuity as he would have been entitled to take or receive on being invalidated out of service, as if the local authority in the employ of which he was, had not ceased to exist;
(g) all proceedings pending on the said date before the local authority shall be deemed to be transferred to and shall be continued before the corporation;
(h) all appeals pending before any authority shall, so far as may be practicable, be disposed of as if the said local area had been included in the 2 [larger urban area] when they were filed;
(i) all prosecutions instituted by or on behalf of the local authority and all suits or other legal proceedings instituted by or against the local authority or any officer of the local authority pending on the said date shall be continued by or against the corporation as if the area of the said local authority had been included in the 2 [larger urban area] when such prosecutions, suits or proceedings were instituted;
(j) all arrears of rates, taxes, and fees vesting in the corporation shall, notwithstanding that such rates and fees cannot be levied under this Act, be recoverable in the same manner as a tax recoverable under this Act;
(k) until the reconstitution of the corporation in accordance with the provisions of this Act, notwithstanding anything to the contrary contained in this Act, such number of persons as may be prescribed ordinarily resident in the area of the said local authority included in the 2 [larger urban area], who shall be nominated by the Government shall be additional councillors of the corporation.
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1. Sections 501A to 501D inserted by Act 28 of 1980 w.e.f. 10-9-1980.
2. Substituted by Act 35 of 1994 w.e.f. 1-6-1994.
501B. Effect of absorbtion of a part of1[a smaller urban area or transitional area into a larger urban area]
If any part of a local area comprised in1[smaller urban area or a transitional area ] constituted under the Karnataka Municipalities Act, 1964, (Karnataka Act No. 22 of 1964), or any other law is included in a1[larger urban area] then, with effect from the date on which such area is included in the1[larger urban area] , the following consequences shall ensue, namely:-
(a) so much of the funds and other property vesting in the municipal council,1[or a town panchayat] (hereinafter referred to as the local authority) shall be transferred to the corporation fund as the Government may, by order, in writing, direct;
(b) the rights and liabilities of the local authority in respect of civil and criminal proceedings, contracts and other matters or things (including arrears of tax, fees and cess) arising in or relating to the part of the area included in the1[larger urban area] shall vest in the corporation and such rights and liabilities may be enforced by or against the corporation under this Act or the rules, bye-laws and orders made thereunder;
(c) such officers and servants of the local authority, as the Government may, by order, direct shall be transferred to the corporation and the officers and servants so transferred shall, until other provision is made in accordance with the provisions of this Act, receive salaries and allowances and be subject to the conditions of service to which they were entitled or subject immediately before such transfer.]
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1. Substituted by Act 35 of 1994 w.e.f. 1-6-1994.
501C. Effect of declaration of 1 [a city municipal area and some other areas as a larger urban area] under this Act
2 [(1)] If any local area having a 1 [larger urban area] municipal council and one or or more other local authorities is declared to be a 1 [larger urban area] under section 3, then, notwithstanding anything contained in this Act or in the Karnataka Municipalities Act, 1964 or in the law applicable to such other local authorities, with effect from the date of such declaration, such 1 [larger urban area] municipal council and local authorities shall cease to exist and the members thereof shall vacate their offices and the following consequences shall ensue, namely:-
(a) the provisions of the Karnataka Municipalities Act, 1964 and the law applicable to the other local authorities shall not apply to the local area declared to be a 1 [larger urban area]:
Provided that any appointment, notification, notice, tax, order, scheme, licence, permission, rule, bye-law or form made or issued or imposed under the said laws in respect of such 1 [larger urban area] municipality and other local authorities which were in force as applicable immediately before the date of such declaration shall continue in force and be deemed to have been made, issued or imposed under the provisions of this Act unless and until it is superseded by any appointment, notification, notice, tax, order, scheme, licence, permission, rule, bye-law or form, made or issued or imposed under this Act;
(b) the unexpended balance of the funds of the said 1 [larger urban area] municipal council and the local authorities (including arrears of rates, taxes and fees) belonging to the said municipal council and the local authorities and all properties, rights, labilities and powers which, prior to such declaration, vested in the 1 [larger urban area] municipal council and other local authorities shall, subject to all charges and liabilities affecting the same, vest in the corporation of the 1 [larger urban area] (hereinafter referred to as the corporation);
(c) all budget estimates, assessment lists, valuations or measurements, made or authenticated under any law or rule immediately before the said date of declaration in respect of the said 1 [larger urban area] municipal council and the local authorities shall be deemed to have been made or authenticated under this Act;
(d) all debts and obligations incurred and all contracts made by or on behalf of the 1 [larger urban area] municipal council and the local authorities immediately before the said date of declaration and subsisting on the said date shall be deemed to have been incurred and made by the corporation in exercise of the powers conferred on it by this Act;
(e) all officers and servants in the employ of the 1 [larger urban area] municipal council and the local authorities immediately before the said date of declarations shall become officers and servants of the corporation under this Act and shall, until other provision is made in accordance with the provisions of this Act, receive salaries and allowances and be subject to the conditions of service to which they were entitled immeidately before such date:
Provided that it shall be competent to the corporation, subject to the previous sanction of the Government, to discontinue the services of any officer or servant who, in its opinion, is not necessary or suitable for the requirements of the service under the corporation after giving such officer or servant such notice as is required to be given by the terms of his employment and every officer or servant whose services are dispensed with shall be entitled to such leave, pension, provident fund and gratuity as he would have been entitled to take or receive on being invalidated out of service, as if the city municipality or the local authority in the employ of which he was, had not ceased to exist;
(f) all proceedings pending on the said date before the 1 [larger urban area] municipal council or the local authorities shall be deemed to be transferred to and shall be continued before the Corporation;
(g) all appeals pending before any authority shall; so far as may be practicable, be disposed of as if the said local area had been included in the 1 [larger urban area] when they were filed;
(h) all prosecutions instituted by or on behalf of the 1 [larger urban area] municipal council and the local authorities, all suits or other legal proceedings instituted by or against the 1 [larger urban area] municipal council and the local authorities or any officer thereof pending on the said date shall be continued by or against the corporation as if the area of the 1 [larger urban area] municipal council and the local authorities had been included in the 1 [larger urban area] when such prosecutions had been, suits or proceedings were instituted;
(i) all arrears of rates, taxes and fees vesting in the corporation shall, notwithstanding that such rates, fees cannot be levied under this Act, be recoverable in the same manner as a tax recoverable under this Act;
(j) until the reconstitution of the corporation in accordance with the provisions of this Act, notwithstanding anything to the contrary contained in this Act the councillors of the corporation of the 1 [larger urban area] shall consist of the councillors of the 1 [larger urban area] municipal council and such manner of other persons as maybe nominated by the Government and such nominated persons shall, as far as may be practicable, be persons who are the members of the other local authorities which have ceased to exist;
(k) the President and the Vice-President of the 1 [larger urban area] municipal council shall be the Mayor and the Deputy Mayor of the corporation;
(l) where, under and the provisions of section 315 or section 316 of the Karnataka Municipalities Act, 1964, either an administrator or an officer has been appointed to exercise the powers and perform the duties of the said 1 [larger urban area] municipal council, then, such administrator or officer shall be deemed to be an administrator appointed in respect of the corporation under section 99 of this Act 3 [x x x]. 3 [x x x] The advisory council, if any, appointed to advise and assist the administrator appointed under section 315 of the Karnataka Municipalities Act, 1964 shall be deemed to be an advisory committee appointed under sub-section (6) of section 99.
4 [(2) A corporation shall be duly constituted for the larger urban area under this Act within a period of six months from the date of declaration referred to in sub-section (1) and from the date of the first meeting of the corporation as so constituted the body exercising the power and performing the duties of the Corporation shall stand dissolved.]]
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1. Substituted by Act 35 of 1994 w.e.f. 1-6-1994.
2. Renumbered by Act 35 of 1994 w.e.f. 1-6-1994.
3. Omitted by Act 35 of 1994 w.e.f. 1-6-1994.
4. Inserted by Act 35 of 1994 w.e.f. 1-6-1994.
If any difficulty arises in giving effect to the provisions of section 501A or section 501B, or section 501C the Government may by order, published in the official Gazette, as the occasion may require, do anything which appears to it to be necessary to remove the difficulty.
1 [502. x x x]
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1. Omitted by Act 35 of 1994 w.e.f. 1-6-1994.
503. Declaration of 1 [city municipal area as a larger urban area] under this Act
1 [(1) Subject to the provisions of section 3, the Governor may declare by notification that any municipal area for which a City Municipal Council is constituted under the Karnataka Municipalities Act, 1964 (Karnataka Act 22 of 1964) shall with effect from the date to be specified in such notification to be a larger urban area specified under section 3 of this Act.]
(2) The provisions of the Karnataka Municipalities Act, 1964 applicableto such 1 [city municipal area] shall not apply to any local area declared as a 1 [larger urban area] under sub-section(1) with effect from the date specified in the declaration:
Provided that any appointment, notification, notice, tax, order, scheme, licence, permission, rule, bye-law or form made or issued or imposed under the said Act in respect of such 1 [city municipal area] which were in force as applicable immediately before the date specified under sub-section (1) shall continue in force and be deemed to have been made, issued or imposed under the provisions of this Act unless and until it is superseded by any appointment, notification, notice, tax, order, scheme, licence, permission, rule, bye-law or form made or issued or imposed under this Act.
(3) With effect from the date of declaration of any area as a 1 [larger urban area] under sub-section (1), the following consequences shall ensue, namely:-
(a) the body functioning as a 1 [larger urban area] municipal council under the Karnataka Municipalities Act, 1964 immediately before the date of the said declaration in respect of the said area shall become a body competent to exercise the powers and perform the duties conferred by the provisions of the Act on a corporation in respect of the said area until a corporation is duly constituted for the area within the jurisdiction of such body under the provisions of this Act;
(b) the councillors of the 1 [larger urban area] municipal council holding office as such immediately before the said date shall become councillors of the corporation;
(c) the president of the said 1 [larger urban area] municipal council shall become the Mayor of the corporation and discharge duties and perform functions of the Mayor under this Act and the vice-president of the said 1[larger urban area] municipal council shall become the Deputy Mayor of the said corporation under this Act;
2 [(cc) Where, under the provisions of section 315 or section 316 of the Karnataka Municipalities Act, 1964 either an administrator or an officer has been appointed, to exercise the powers and perform the duties of the Municipal Council, then, such administrator or officer shall be deemed to be an Administrator appointed under section 99 3 [x x x]. 3 [x x x]. The advisory council, if any, appointed to advise and assist the administrator appointed under section 315 of the Karnataka Municipalities Act, 1964 shall be deemed to be an Advisory Committee appointed under sub-section (6) of section 99.]
(d) the unexpended balance of the municipal fund and the property (including arrears of rates, taxes and fees), belonging to the said 1 [larger urban area] municipal council and all rights and powers which prior to the said declaration vested in the 1 [larger urban area] municipal council shall, subject to all charges and liabilities affecting the same, vest in the corporation as the corporation fund;
(e) any appointment, notification, notice, tax, order, scheme, licence, permission, rule, bye-law or form, made or issued under any other law in respect of such municipality shall continue in force and be deemed to have been made issued or imposed under the provisions of this Act, unless and until it is superseded by any appointment, notification, notice, tax, order, scheme, licence, permission, rule, bye-law or form, made or issued or imposed under this Act;
(f) all budget estimates, assessment lists, valuation or measurements made or authenticated under the Karnataka Municipalities Act, 1964 immediately before the said date shall be deemed to have been made or authenticated under this Act;
(g) all debts and obligations incurred and all contracts made by or on behalf of the 1 [larger urban area] municipal council immediately before the said date and subsisting on the said date shall be deemed to have been incurred and made by the corporation in exercise of the powers conferred on it by or under the Act;
(h) all proceedings pending prior to the said declaration before the 1 [larger urban area] municipal council shall be continued by the corporation;
(i) all appeals pending before any authority shall so far as may be practicable, be disposed of as if the said area had been included in the corporation when they were filed;
(j) all prosecutions instituted by or on behalf of the city municipal council and all suits or other legal proceedings intituted by or against the 1 [larger urban area] municipal council or any officer of the 1 [larger urban area] municipal council pending at the said date shall be continued by or against the corporation as if such area had been included in the corporation when such prosecutions, suits or proceedings were instituted;
(k) all officers and servants in the employ of the 1 [larger urban area] municipal council immediately before the said date shall become officers and servants of the corporation under this Act and shall, and until other provision is made in accordance with the provisions of this Act, receive salaries and allowances and be subject to the conditions of service to which they were entitled immediately before such date:
Provided that it shall be competent to the corporation, subject to the previous sanction of the Government, to discontinue the services of any officer or servant, who, in its opinion, is not necessary or suitable for the requirements of the service under the corporation after giving such officer or servant such notice as is required to be given by the terms of his employment and every officer or servant whose services are dispensed with shall be entitled to such leave, pension, provident fund and gratuity as he would have been entitled to take or receive on being invalidated out of service, as if the 1 [larger urban area] municipal council in the employ of which he was, had not ceased to exist.
1 [(4) A Corporation shall be duly constituted for the larger urban area under this Act within a period of six months from the date of declaration referred to in sub-section (1) and from the date of first meeting of the corporation as so constituted the body exercising the powers and performing the duties of the Corporation shall stand dissolved.
(5) The properties, rights and liabilities of the City Municipal Council of a municipal area declared as larger urban area under sub-section (1) shall vest in the corporation of the said larger urban area with effect from the date of such declaration.]
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1. Substituted by Act 35 of 1994 w.e.f. 1-6-1994.
2. Inserted by Act 24 of 1978 w.e.f. 1-6-1977.
3. Omitted by Act 35 of 1994 w.e.f. 1-6-1994.
1 [503A. Preparation of development plan
Every Corporation shall prepare every year a development plan and submit to the District Planning Committee constituted under section 310 of the Karnataka Panchayat Raj Act, 1993, or as the case may be the Metropolitan Planning Committee constituted under section 503B of this Act.]
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1. Sections 503A, 503B and 503C substituted by Act 35 of 1994. Notification bringing it into force not available.
(1) The Government shall constitute a Metropolitan Planning Committee for the Bangalore Metropolitan Area to prepare a draft development plan for such area as a whole.
Explanation.--For the purpose of this section "Bangalore Metropolitan area" means an area specified by the Governor to be a metropolitan area under clause (c) of Article 243P of the Constitution of India.
(2) The Metropolitan Planning Committee shall consist of thirty persons of which,-
(a) such number of persons, not being less than two-thirds of the members of the Committee, as may be specified by the Government shall be elected in the prescribed manner by, and from amongst, the elected members of the corporations, the Municipal Councils and town Panchayats, and the Adyakshas and Upadyakshas of Zilla Panchayats, Taluk Panchayats and Grama Panchayats in the Metropolitan area in proportion to the ratio between the population of the city and other municipal area and that of the areas in the jurisdiction of Zilla Panchayat, Taluk Panchayat and Grama Panchayat;
(b) such number of representatives of,-
(i) the Government of India and the State Government as may be determined by the State Government, and nominated by the Government of India or as the case may be, the State Government;
(ii) such organisations and institutions as may be deemed necessary for carrying out of functions assigned to the committee, nominated by the State Government;
(3) All the members of the House of the People and the State Legislative Assembly whose constituencies lie within the Metropolitan area and the members of the Council of State and the State Legislative Council who are registered as electors in such area shall be permanent invites of the Committee.
(4) The Commissioner, Bangalore Development Authority shall be the Secretary of the Committee.
(5) The Chairman of the Metropolitan Planning Committee shall be chosen in such manner as may be prescribed.
(6) The Metropolitan Planning Committee shall prepare a draft development plan for the Bangalore metropolitan area as a whole.
(7) The Metropolitan Planning Committee shall, in preparing the draft development plan,-
(a) have regard to,-
(i) the plans prepared by the local authorities in the Metropolitan area;
(ii) matters of common interest between the local authorities including co-ordinated spatial planning of the area, sharing of water and other physical and natural resources, the integrated development of infrastructure and environmental conservation;
(iii) the overall objectives and priorities set by the Government of India and the State Government;
(iv) the extent and nature of investments likely to be made in the Metropolitan area by agencies of the Government of India and of the State Government and other available resources whether financial or otherwise;
(b) consult such institutions and orgainsations as the Governor may, by order, specify.
(8) The Chairman of the Metropolitan Planning Committee shall forward the development plan, as recommended by such Committee, to the State Government.
(1) The Finance Commission constituted under section 267 of the Karnataka Panchayat Raj Act, 1993 shall also review the financial position of the Corporations and make recommendations to the Governor as to,-
(a) the principles which should govern,-
(i) the distribution between the State and Corporations of the net proceeds of the taxes, duties, tolls, and fees leviable by the Government which may be divided between them and allocation between the Corporations their respective shares of such proceeds;
(ii) the determination of the taxes, duties, tolls, fees which may be assigned to or appropriated by, the corporations;
(iii) the grant-in-aid to the Corporations from the Consolidated Fund of the State;
(b) the measures needed to improve the financial position of the Corporations;
(c) any other matter referred to the Finance Commission by the Governor in the interest of sound finances of the Corporation.
(2) The Governor shall cause every recommendation made by the Commission under this section together with an explanatory memorandum as to the action taken thereon to be laid before both the House of the State Legislature.]
The provisions of this Act in so far as they relate to markets and other premises shall not be applicable to any market established under the Karnataka Agricultural Produce Marketing (Regulation) Act, 1966 and the provisions of this Act with respect to any other market shall be in addition to and not in derogation of the said Act.
Notwithstanding anything contained in this Act, a corporation or any officer or other authority required by or under this Act to exercise any power, or perform any function or discharge any duty,-
(i) with regard to any matter relating to land use or development as defined in the Explanation to section 14 of the Karnataka Town and Country Planning Act, 1961, shall exercise such power, or perform such function or discharge such duty with regard to such land use or development plan or where there is no development plan, with the concurrence of the Planning Authority;
(ii) shall not grant any permission, approval or sanction required by or under this Act to any person if it relates to any matter in respect of which compliance with the provisions of the Karnataka Town and Country Planning Act, 1961 is necessary unless evidence in support of having complied with the provisions of the said Act is produced by such person to the satisfaction of the corporation or the officer or other authority, as the case may be.
(1) Notwithstanding anything contained in this Act, until the constitution of a corporation in accordance with the provisions of this Act for the City of Bangalore and the City of Hubli-Dharwar,-
(i) the corporation of the City of Bangalore constituted under the City of Bangalore Municipal Corporation Act, 1949 and the Hubli-Dharwar Corporation constituted under the Bombay Provincial Municipal Corporations Act, 1949, functioning immediately before the commencement of this Act, shall on and from the date of such commencement become bodies competent to exercise the powers in respect of the City of Bangalore and the City of Hubli-Dharwar as the case may be;
(ii) the persons holding office immediately before the date of commencement of this Act, as Mayor, Deputy Mayor or councillors of the City of Bangalore Corporation or the Hubli-Dharwar Corporation as the case may be, shall with effect from such date become Mayor, Deputy Mayor or councillor respectively of the corporation of the City of Bangalore or the corporation of the City of Hubli-Dharwar, as the case may be, and they shall continue to discharge the functions conferred on a Mayor, Deputy Mayor, or councillor as the case may be under this Act until a Mayor, a Deputy Mayor or councillor elected in accordance with this Act for the corporation of the City of Bangalore or the City of Hubli-Dharwar as the case may be, constituted under this Act;
(iii) the standing committees functioning immediately before the commencement of this Act shall stand dissolved with effect from the date of such commencement and the chairmen and members of such standing committees shall cease to be the chairmen and members respectively and the Corporation of the City of Bangalore and the Corporation of the City of Hubli-Dharwar shall at their first meeting immediately after the commencement of this Act elect members of the standing committees as provided for in this Act and the standing committees so constituted shall elect the chairman in accordance with the provisions of this Act and such standing committees shall exercise the powers and perform the functions of the standing committees under this Act until standing committees are constituted by the said corporation after general elections are held in accordance with the provisions of this Act;
(iv) subject to any order made under section 508, casual vacancies in the seats of councillors of the bodies exercising the powers and performing the duties of a corporation under this sub-section shall be filled and all matters in connection with the filling up of such vacancies shall be regulated in accordance with the provisions governing the filling of such vacancies and regulating such matters immediately before the said date in the city of Bangalore and the City of Hubli-Dharwar before commencement of this Act;
1 [(v) Where, under the provisions of the City of Bangalore Municipal Corporation Act, 1949 or the Bombay Provincial Municipal Corporation Act, 1949 either an Administrator or a person has been appointed to exercise the powers and perform the duties of the Corporation, and the Standing Committees and other Committees, then, such administrator or person shall be deemed to be an Administrator appointed under section 99 for a period of one year. The Government may, if in its opinion, it is necessary so to do, extend the said period under section 101.
(vi) all officers and servants in the employment of the Corporation of the City of Bangalore and the Hubli Dharwar Corporation, immediately before the commencement of this Act, shall become officers and servants of the respective Corporations under this Act and shall, until other provision is made in accordance with the provisions of this Act, receive salaries and allowances and be subject to the conditions of service to which they were entitled to immediately before such date:
Provided that it shall be competent to the respective Corporations, subject to the previous sanction of the Government, to discontinue the services of any officer or servant who, in its opinion, is not necessary or suitable for the requirements of the service under it after giving such officer or servant such notice as is required to be given by the terms of his employment and every officer or servant whose services are dispensed with shall be entitled to such leave, pension, provident fund and gratuity as he would have been entitled to take or receive on being invalidated out of service, as if the Corporation, in the employ of which he was, had not ceased to exist.]
(2) A corporation shall be duly constituted under provisions of this Act, before the expiry of such period from the date of commencement of this Act as the Government may, by notification specify in respect of the City of Bangalore and the City of Hubli-Dharwar as the case may be, and from the date of the first meeting of the corporation as so constituted the bodies exercising the powers and performing the duties of a corporation shall stand dissolved.
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1. Inserted by Act 24 of 1978 w.e.f. 1-6-1977.
(1) The City of Bangalore Municipal Corporation Act, 1949 (Mysore Act LXIX of 1949) and Bombay Provincial Municipal Corporation Act, 1949 (Bombay Act LIX of 1949) are hereby repealed:
Provided that such repeal shall not affect,-
(a) the previous operation of the said enactments or anything duly done or suffered thereunder; or
(b) any right, privilege, obligation or liability acquired, accrued or incurred under the said enactments; or
(c) any penalty, forfeiture or punishment incurred in respect of any offence committed against the said enactments; or
(d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, forfeiture or punishment as aforesaid, and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and such penalty, forfeiture or punishment may be imposed as if this Act had not been passed:
Provided further that subject to the preceding proviso anything done or any action taken (including any appointment or delegation made, tax, duty, fee, or cess imposed, notification, order, instrument, or direction issued, rule, regulation, form, bye-law or scheme framed, certificate obtained, permit or licence granted or registration effected) under the said enactments shall be deemed to have been done or taken under the corresponding provisions of this Act and shall continue to be in force accordingly unless and until superseded by anything done or any action taken under this Act :
Provided also that notwithstanding anything contained in the preceding provisos where any tax, duty, fee or cess other than a duty on transfers of immovable properties has been imposed under the said enactments at a rate higher than the maximum rate permissible under this Act, such tax, duty, fee or cess may continue to be imposed and collected at such higher rate unless and until superseded by anything done or any action taken under this Act :
Provided also that any reference in any enactment or in any instrument to any provision of any of the repealed enactments shall, unless a different intention appears, be construed as reference to the corresponding provision of this Act.
(2) Notwithstanding anything contained in sub-section (1), any tax, duty, fee, or cess imposed under the said enactments may, notwithstanding that such tax, duty, fee or cess cannot be imposed under the provisions of this Act, be continued to be levied and recovered as if the provisions of such enactments, the rules, bye-laws, orders and notifications made or issued thereunder relating to such levy and recovery had not been repealed.
(1) Notwithstanding anything contained in this Act or in any other law, the Government may by order published in the official Gazette make such provision not inconsistent with the provisions of this Act as appears to it to be necessary or expedient,-
(a) for bringing the provisions of this Act into effective operation;
(b) for making omissions from, additions to and adaptions and modifications of the rules, bye-laws, regulations, notifications and orders in their application to any corporation;
(c) for removing difficulties arising in connection with the transition to the provisions of the Act;
(d) for authorising the continued carrying on for the time being on behalf of corporations of the services and activities previously carried on by them;
(e) so far as it appears necessary or expedient in connection with any of the matters aforesaid for varying the powers or jurisdiction of any court or authority and empowering new courts or other authorities to exercise such jurisdiction as may be specified in such order.
(2) Any order under sub-section (1) may be either prospective or retrospective in operation as may be specified in such order.
(3) All orders made under sub-section (1) shall be laid before both Houses of the State Legislature and shall, subject to such modification as the State Legislature may make during the session in which they are so laid, have effect as if enacted in this Act.