Chapter VII CORPORATION OFFICERS AND SERVANTS AND THEIR APPOINTMENTS AND

CONDITIONS OF SERVICE

Government shall appoint for every corporation such officers of the State Civil

Services as it considers suitable to be the Engineer, Health Officer, Revenue

Officer, Chief Accounts Officer and Council Secretary for the efficient functioning of the corporation and such officers shall be heads of their respective departments in the corporation and they shall be subordinate to the Commissioner. The Government may also appoint one or more Deputy Commissioners and Assistant Commissioners who shall exercise such powers and discharge such functions as may be specified in the rules. They shall be subordinate to the Commissioner.

1. (2) The Government shall, in consultation with the Mayor, appoint an officer not below the rank of an Assistant Commissioner to be the council

desire he shall be withdrawn earlier and another person appointed. It shall be the duty of the council secretary to attend every meeting of the corporation and the standing committees and he shall perform such other duties as are imposed on him by or under this Act.

1. (3) The officers appointed under sub-section (1) shall be whole-time officers of the corporation and shall not undertake any work unconnected with their offices.
2. (4) Every officer of the Government appointed under sub-sections (1) and (2) shall be paid by the corporation such salary as may be determined by the Government from time to time which shall be met out of the corporatrion fund and shall be entitled to leave and other privileges in accordance with the rules and regulations applicable to the Government service to which he belongs and in force for the time being, and the corporation shall make such contribution towards his leave, allowances, pension and provident fund as may be payable under such rules and regulations by him or on his behalf.

made from Karnataka Municipal Administrative Service.- (1) Notwithstanding anything contained in this Act or in any other law for the time being in force such of the posts under every corporation as are included in the

Karnataka Municipal Administrative Service shall be filled by the Government by appointment of officers belonging to the Karnataka Municipal Administrative Service.

1. (2) Subject to the provisions relating to recruitment and conditions of service applicable 1[to them] , the officers of the Karnataka Municipal Administrative Service referred to in sub-section (1) shall, for the period of their service under the corporation, be governed by the provisions of this Act, the rules, the regulations or the bye-laws framed thereunder. the end of the Act.
2. (3) Every corporation shall contribute such percentage of its revenues in

¹ Substituted by Act 14 of 1990 w.e.f. 2.4.1992 by notification. Text of the Notification is at

such manner and at such times as the Government may by order determine, to meet the expenditure in respect of salaries, allowances, pension, provident fund, gratuities and other necessary expenses payable to the officers of the Karnataka Municipal Administrative Service referred to in section 82 shall be made by the Commissioner under the corporation.

1. (4) If the corporation fails to pay the amount required to be paid under sub-section (3), the Government may direct the officer having custody of the corporation fund to pay such amount or so much thereof as is possible from the balance of the corporation fund in his hands.

(1) Subject to the provision of sections 85 and 86 appointment to posts on the corporation establishment other than the posts borne on the cadres of the Karnataka Municipal Administrative Service, and the posts referred to in sub-section (1), for the period of their service in accordance with this Act, the rules and the regulations framed thereunder.

1. (2) If any officer appointed under sub-section (1) is a Government servant, he shall be entitled to leave and other privileges in accordance with the rules and regulations applicable to the Government service to which he belongs and in force for the time being and the corporation shall make such contribution towards his salary, leave allowances, pension and provident fund as may be payable under such rules and regulations by him or on his behalf.

1. (a) special health officers for the purpose of making investigations and proposing preventive or remedial measures with special reference to the occurrence of any unusual mortality or the prevalence or apprehended out break of any dangerous disease within the city;
2. (b) engineers, architects or experts in town improvement or town planning for the purpose of preparing, executing or supervising any scheme of work undertaken by the corporation;
3. (c) special revenue officers for the purpose of introducing a new tax or discharging any duty connected with the revenue administration of the corporation: Provided that,-
   • (i) no such special office shall be created without the sanction of the Government;
   • (ii) the period of duration of any such officer, the salary, the allowances and the conditions of service attaching thereto shall be fixed by the corporation, subject to the sanction of the Government, and shall not be varied without the like sanction.

In the event of the occurance of any unusual mortality or the prevalence or apprehended outbreak of any dangerous disease within the city, Government, if it considers that immediate action is necessary, may, on its own motion appoint a special health officer wholly or partly at the expense of the corporation fund: Provided that,- (a) such appointment shall not be for more than six months; and (b) the corporation shall not be bound to pay more than five hundred rupees per mensem on account thereof.

1. (a) such appointment shall not be for more than six months; and
2. (b) the corporation shall not be bound to pay more than five hundred rupees per mensem on account thereof.

(1) If an officer or servant serving or having served under the corporation is or has been transferred from or to the service of the Government or is employed partly under the Government and partly by the corporation, the corporation shall make such contribution towards his leave allowances, pension and provident fund as may be required to be made by him or on his behalf under the rules and regulations of the branch of Government service to which he belongs. (2) Every Government servant employed by the corporation shall be entitled to salary, leave and other privileges in accordance with the rules and regulations of the branch of Government service to which he belongs.

1. (2) Every Government servant employed by the corporation shall be

entitled to salary, leave and other privileges in accordance with the rules and regulations of the branch of Government service to which he belongs.

(1) The Commissioner shall lay before the standing committee for

1[taxation, finance and appeals]

2[or establishment and administrative reforms as the case may be] a Schedule setting forth the

¹ Substituted by Act 35 of 1994. Notification bringing it into force not available.

² Inserted by Act 36 of 2010 w.e.f.30.07.2010.

designations and grades of the officers and servants who should in his opinion constitute the corporation establishment and embodying his proposals with regard to the salaries, fees and allowances payable to them.

1. (2) The standing committee may either approve or amend such Schedule as it thinks fit and shall lay it before the corporation with its remarks, if any.
2. (3) The corporation shall sanction such schedule with or without modifications as it thinks fit and may from time to time amend it at the instance of the Commissioner and standing committee: Provided that no new office shall be created without the sanction of the Government if the maximum monthly salary exceeds 1[nine hundred] rupees.
3. (4) No officer or servant shall be entertained on the corporation establishment unless he is a member of the Karnataka Municipal Administrative Service, or has been appointed under section 82, section 85 or section 86 or unless his office and emoluments are included in the Schedule sanctioned under sub-section (1).

¹ Substituted by Act 24 of 1978 w.e.f. 29.9.1978.

In making appointments the appointing authority shall reserve adequate number of posts for the Scheduled Castes, the Scheduled Tribes and socially and educationally backward classes of citizens in the same manner and to the same extent as is applicable for the recruitment to posts in the State Civil Services.

Every corporation officer or other corporation employee shall be liable to have his increments or promotion with-held or to be censured, reduced in rank, compulsorily retired, removed or dismissed for any breach of any departmental rules or regulations or of discipline or for carelessness, unfitness, neglect of duty or other misconduct by such authority as may be prescribed: Provided that no such officer or other employee as aforesaid shall be reduced in rank, compulsorily retired, removed or dismissed by any authority subordinate to that by which he was appointed: Provided further that the corporation employees belonging to such classes or categories as may be prescribed by the rules shall be liable also to be fined by such authority as may be specified therein.

1. (2) No such officer or other employee shall be punished under sub- section (1) unless he has given a reasonable opportunity of showing cause against the action proposed to be taken in regard to him: Provided that this sub-section shall not apply,-
   • (a) where an officer or other employee is removed or dismissed on the ground of conduct which has led to his conviction on a criminal charge; or
   • (b) where the authority empowered to remove or dismiss such officer or other employee is satisfied that for reasons to be recorded by that authority it is not reasonably practicable to give that person an opportunity for showing cause.
2. (3) If any question arises whether it is reasonably practicable to give to any officer or other employee an opportunity of showing cause under sub- section (2) the decision thereon of the authority empowered to remove or dismiss such officer or other employee shall be final.
3. (4) Any officer or other employee upon whom a punishment has been imposed under this section may appeal to such officer or authority as may be prescribed.

(1) The Government may by rules provide for the following matters namely:-

1. (a) the tenure of office, salaries and allowances, provident fund, pension, gratuity, leave of absence and other conditions of service of officers and other employees appointed under this Chapter;
2. (b) the procedure to be followed in imposing any penalty under sub- section (1) of section 90, suspension pending departmental inquires before the imposition of such penalty and the authority by whom such suspensions may be ordered; the officer or authority to whom an appeal shall lie under sub-section (4) of that section;
3. (c) any other matter which is incidental to or necessary for the purpose of regulating the appointment and conditions of service of persons appointed to services and posts under the corporation and any other matter for which, in the opinion of the Government, provision should be made by rules.

(1) Notwithstanding anything contained in this Act, or in any other law, the State Government may transfer any officer or servant of a corporation to a corresponding post in any other corporation or in any local authority constituted or deemed to have been constituted under any law made by the State Legislature or in the Government. (2) The officer or servant transferred under sub-section (1) shall, subject to any rule or other provision made under this Act or under article 309 of the constitution, be entitled to the same remuneration and be subject to the same terms and conditions of service and to the same rights and privileges as to pension, gratuity and provident fund and such other matters as he would have held under the corporation from which he was so transferred.] 1. Section 91A Inserted by Act 40 of 1981 w.e.f. 12.8.1981.

1. (2) The officer or servant transferred under sub-section (1) shall, subject

to any rule or other provision made under this Act or under article 309 of the constitution, be entitled to the same remuneration and be subject to the same terms and conditions of service and to the same rights and privileges as to pension, gratuity and provident fund and such other matters as he would have held under the corporation from which he was so transferred.] 1. Section 91A Inserted by Act 40 of 1981 w.e.f. 12.8.1981.