The Karnataka Municipalities and Certain Other Law (Amendment) Act, 2012
Chapter V POWERS AND FUNCTIONS OF THE CORPORATION AND OTHER AUTHORITIES
Chapter V POWERS AND FUNCTIONS OF THE CORPORATION AND OTHER AUTHORITIES
57. General powers of the corporation
(1) Subject to the provisions of this Act, the rules, the regulations and the bye-laws made thereunder, the municipal government of the city shall vest in the corporation. (2) Without prejudice to the generality of the provisions of sub-section (1), it shall be the duty of the corporation to exercise such powers, perform such functions and discharge such duties as are conferred on it by and under this Act and consider all periodical statements relating to the receipts and disbursements, and all progress reports and pass such resolutions thereon, as it thinks fit.
- (2) Without prejudice to the generality of the provisions of sub-section (1), it shall be the duty of the corporation to exercise such powers, perform such functions and discharge such duties as are conferred on it by and under this Act and consider all periodical statements relating to the receipts and disbursements, and all progress reports and pass such resolutions thereon, as it thinks fit.
Chapter V POWERS AND FUNCTIONS OF THE CORPORATION AND OTHER AUTHORITIES
58. Obligatory functions of the corporations
It shall be incumbent on the corporation to make reasonable and adequate provision by any means or measures which it is lawfully competent to use or to take, for each of the following matters, namely:-
- (1) erection of substantial boundary marks of such description and in
such positions as shall be approved by the Government defining the limits or any alteration in the limits of the city;
- (2) the watering and cleansing of all public streets and public places in the city and the removal of all sweepings therefrom;
- (3) the collection, removal, treatment and disposal of sewage, offensive matter and rubbish and, the preparation of compost manure from such sewage, offensive matter and rubbish;
- (4) the construction, maintenance and cleaning of drains and drainage works and of public privies, water closets, urinals and similar conveniences;
- (5) the lighting of public streets, municipal markets and places of resort vested in the corporation;
- (6) the maintenance of a corporation office and of all public monuments and open spaces and other property vesting in the corporation and keeping a true and correct account of all corporation property;
- (7) the naming or numbering of streets and of public places vesting in the corporation and the numbering of premises;
- (8) the regulation and abatement of offensive and dangerous trades or practices;
- (9) the maintenance, change and regulation of places for the disposal of
the dead and the provision of new places for the said purpose and disposing of unclaimed dead bodies;
- (10) the construction or acquisition and maintenance of public markets and slaughter houses and the regulation of all markets and slaughter houses;
- (11) the maintenance of an ambulance service and service for conveying dead bodies to crematoriums;
- (12) the destruction of birds or animals causing nuisance, or of vermin and confinement or destruction of stray or ownerless dogs;
- (13) laying out new public streets;
- (14) maintaining or aiding schools for pre-primary education;
- (15) the construction or acquisition and maintenance of cattle pounds;
- (16) establishing and maintaining a system of public vaccination;
- (17) the reclamation of unhealthy localities, the removal of noxious vegetation and generally the abatement of all nuisances;
- (18) the planting and maintenance of trees on road sides and elsewhere;
- (19) the construction, maintenance, alteration and improvement of public streets, bridges, sub-ways, culverts cause-ways and the like;
- (20) the removal of obstructions and projections in or upon streets, bridges and other public places; 2[(20-A) removal of unauthorized cable including Optical Fiber Cables laid under, over, along, the across, in or upon any streets or property vested in the corporation]
- (21) the management and maintenance of all municipal water works and
the construction or acquisition of new works necessary for a sufficient supply of water for public and private purposes;
- (22) preventing and checking the spread of dangerous diseases;
- (23) the securing or removal of dangerous buildings and places;
- (24) the construction and maintenance of residential quarters for the poura-karmikas;
- (25) the provision of public parks, gardens, playgrounds and recreation grounds;
- (26) the regulation of lodging houses, camping grounds and rest houses in the city;
- (27) establishing and maintaining compost plants for disposal of sewage;
- (28) supplying, constructing and maintaining in accordance with the general system approved by the corporation, receptacles, fittings, pipes and other appliances whatsoever on or for the use of premises for receiving and conducting the sewage thereof into drains under the control of the corporation; 1[(28A) vital statistics including registration of births and deaths; (28B) regulation of tanneries.]
- (29) taking measures to meet any calamity affecting the public;
- (30) fulfillment of any obligation imposed by or under this Act or any other law for the time being in force and discharge of functions in respect of any matter entrusted to the corporation by Government by notification;
- (31) subject to adequate provision being made for the matters specified above, the provision of relief to destitute persons in the city in times of famine and scarcity and the establishment and maintenance of relief works in such times.
1 Inserted by Act 35 of 1994 w.e.f.1.6.1994.
2 Inserted by Act 55 of 2013 w.e.f.20.8.2013.
Chapter V POWERS AND FUNCTIONS OF THE CORPORATION AND OTHER AUTHORITIES
59. Discretionary functions of the corporation
The corporation may, in its discretion, provide, either wholy or in part, for all or any of the following matters, namely:- (1) the organisation, maintenance or management of institutions within or without the city for the care of persons who are infirm, sick or incurable, or for the care and training of the blind, deaf, mute or otherwise disabled mothers or infants or school children; (2) the organisation, maintenance or management of maternity and infant-welfare homes or centres; (3) the provision of milk to expectant or nursing mothers or infants or school children; (4) the organisation, maintenance or management of chemical or bacteriological laboratories for the examination or analysis of water, food or drugs, for the detection of diseases or for research connected with public health; (5) the organisation, maintenance or management of swimming pools, public wash houses, bathing places and other institutions designed for the improvement of public health; (6) the construction and maintenance in public streets or places, of drinking fountains for human beings and water-droughts for animals; (7) survey of buildings or lands; (8) the provision of music for the people; (9) encouraging the development of planning and maintenance of trees and plants on private land and within private compounds; (10) maintenance of health museums; (11) construction or maintenance of infirmaries or hospitals for animals; (12) the organisation or maintenance, in times of scarcity of shops or stalls for the sale of necessaries of life; (13) the building or purchase and maintenance of residence for corporation officers and servants; (14) the grant of loans for building purposes to corporation servants on such terms and subject to such conditions as may be prescribed by the corporation; (15) any other measures for the welfare of corporation servants; (16) the establishment and maintenance or the aiding of, museums and art galleries, botanical or zoologicial collections and the purchase or construction of buildings therefor; (17) contribution towards any public fund raised for the relief of human suffering caused by natural calamities within the city or for the public welfare; (18) the preparation or presentation of addresses to person of distinction; (19) granting rewards for information regarding the infringement of any provisions of this Act, or of the rules, bye-laws and regulations; (20) the building or purchase and maintenance of suitable dwelling for the poor and working classes; (21) the provision of shelter to destitute or homeless persons and any form of poor relief; 1[(21A) slum improvements and upgradation; (21B) urban forestry, protection of the environment and promotion of ecological aspects; (21C) urban poverty alleviation; (21D) promotion of cultural, education and aesthetic aspects] 1. Clauses (21A) to (21D) Inserted by Act 35 of 1994 w.e.f.1.6.1994. (22) with the previous sanction of the Government the making of a contribution towards any public ceremony or entertainment in the city; (23) any measure not hereinbefore specifically named, likely to promote public safety, health, convenience or instruction.
- (1) the organisation, maintenance or management of institutions within or without the city for the care of persons who are infirm, sick or incurable, or for the care and training of the blind, deaf, mute or otherwise disabled mothers or infants or school children;
- (2) the organisation, maintenance or management of maternity and infant-welfare homes or centres;
- (3) the provision of milk to expectant or nursing mothers or infants or school children;
- (4) the organisation, maintenance or management of chemical or bacteriological laboratories for the examination or analysis of water, food or drugs, for the detection of diseases or for research connected with public health;
- (5) the organisation, maintenance or management of swimming pools, public wash houses, bathing places and other institutions designed for the improvement of public health;
- (6) the construction and maintenance in public streets or places, of drinking fountains for human beings and water-droughts for animals;
- (7) survey of buildings or lands;
- (8) the provision of music for the people;
- (9) encouraging the development of planning and maintenance of trees and plants on private land and within private compounds;
- (10) maintenance of health museums;
- (11) construction or maintenance of infirmaries or hospitals for animals;
- (12) the organisation or maintenance, in times of scarcity of shops or stalls for the sale of necessaries of life;
- (13) the building or purchase and maintenance of residence for corporation officers and servants;
- (14) the grant of loans for building purposes to corporation servants on such terms and subject to such conditions as may be prescribed by the corporation;
- (15) any other measures for the welfare of corporation servants;
- (16) the establishment and maintenance or the aiding of, museums and art galleries, botanical or zoologicial collections and the purchase or construction of buildings therefor;
- (17) contribution towards any public fund raised for the relief of human suffering caused by natural calamities within the city or for the public welfare;
- (18) the preparation or presentation of addresses to person of distinction;
- (19) granting rewards for information regarding the infringement of any provisions of this Act, or of the rules, bye-laws and regulations;
- (20) the building or purchase and maintenance of suitable dwelling for the poor and working classes;
- (21) the provision of shelter to destitute or homeless persons and any form of poor relief; 1[(21A) slum improvements and upgradation; (21B) urban forestry, protection of the environment and promotion of ecological aspects; (21C) urban poverty alleviation; (21D) promotion of cultural, education and aesthetic aspects]
1. Clauses (21A) to (21D) Inserted by Act 35 of 1994 w.e.f.1.6.1994.
- (22) with the previous sanction of the Government the making of a contribution towards any public ceremony or entertainment in the city;
- (23) any measure not hereinbefore specifically named, likely to promote public safety, health, convenience or instruction.
Chapter V POWERS AND FUNCTIONS OF THE CORPORATION AND OTHER AUTHORITIES
60. Powers and functions of the Mayor.- (1) The Mayor shall preside
over every meeting of the corporation.
- (2) Subject to the provisions of this Act, the Mayor shall have general
powers of inspection and may give direction to the Commissioner with regard to the implementation of any resolution of the corporation or a standing committee in the discharge of any obligatory and discretionary functions of the corporation, and the commissioner shall comply with such directions. The Mayor may call any record of the corporation from the Commissioner and the records made available to him shall be returned by him within fifteen days from the date they are made available.
- (3) The Mayor may, by an order in writing delegate any of his functions to the Deputy Mayor.
- (4) The Mayor shall not be eligible to be elected as chairman of any standing committee.
- (5) If the Mayor is, at the time of his election as Mayor, the chairman or
an elected member of a standing committee, he shall cease to hold office as such chairman or member of such committee.
- (6) If any vacancy occurs in the office of the chairman of any standing committee, the Mayor shall convene a meeting of such committee for the election of another chairman.
Chapter V POWERS AND FUNCTIONS OF THE CORPORATION AND OTHER AUTHORITIES
61. Functions of the Deputy Mayor
(1) When the office of the Mayor is vacant, his functions shall devolve on the Deputy Mayor until a new mayor is elected.
- (2) If the Mayor is continuously absent from the city for more than eight days, or is incapacitated for more than eight days his functions shall devolve on the Deputy Mayor until the mayor returns to the city or recovers from his incapacity, as the case may be.
- (3) The Deputy Mayor shall have the power to direct the Commissioner
to get the Administration and Audit Reports prepared in time.
- (4) The Deputy Mayor shall discharge such functions of the Mayor as may be delegated to him by the Mayor.
Chapter V POWERS AND FUNCTIONS OF THE CORPORATION AND OTHER AUTHORITIES
61A. Functions of the Standing Committees of the
2[Bruhat Bangalore Mahanagara Palike] .- 3[(1) The Standing Committees for the Bruhat Bangalore Mahanagara Palike shall perform the following functions, namely:-
- (a) the Standing Committee for taxation and finance shall deal with all matters relating to finance and taxation and all matters not specifically assigned to any other standing committee;
- (b) the Standing Committee for public health shall deal with all matters relating to public health;
- (c) the Standing Committee for town planning and improvement shall deal with all matters relating to town planning and improvement;
- (d) the Standing Committee for major works shall deal with all major works in the jurisdiction of Bruhat Bangalore Mahanagara Palike like Flyovers, Underpasses, Subways, Road Widening, Ring Roads, Elevated Roads and all works incidental thereto including land acquisition;
- (e) the Standing Committee for ward level works shall deal with public streets and its appurtenances including street lighting at the ward level excluding the major works like Flyovers, Underpasses, Subways, Road Widening, Ring Roads, Elevated Roads;
- (f) the Standing Committee for Accounts shall deal with all matters relating to accounts and audit;
- (g) the Standing Committee for Education shall deal with all matters relating to preprimary, primary, secondary and higher secondary education including physical education and sports;
- (h) the Standing Committee for Social Justice shall deal with all matters relating to securing the social justice to persons belonging to the Scheduled Castes and Scheduled Tribes and other weaker sections of the society and women;
- (i) the Standing Committee for appeals shall deal with all matters relating to appeals;
- (j) the Standing Committee for horticulture shall deal with all matters relating to horticulture;
- (k) the Standing Committee for markets shall deal with all matters relating to the markets;
- (l) the Standing Committee for establishment and administrative reforms shall deal with all matters relating to establishment and administrative reforms.]
- (2) The Corporation shall, by regulations framed for the purpose, determine the powers and duties of each Standing Committee, not specifically provided for in this Act and may by regulations provide for a conference of two or more Standing Committees or for the appointment out of such committee of a joint committee for any purpose in respect of which they may be jointly interested.
- (3) The Standing Committee for accounts, in addition to the powers and duties assigned to it under the regulations,-
- (a) shall supervise the utilization of the budget grants;
- (b) shall have access to the accounts of the corporation, and may require the Commissioner to furnish any clarification which it considers to be necessary as to the receipts and expenditure of the Corporation fund;
- (c) may conduct a monthly audit of the Corporation accounts and shall be bound to check the monthly abstract of receipts and disbursements for the preceding month as furnished by the Commissioner; and
- (d) may, subject to the approval of the Corporation, write off the amount of any loss, or depreciation caused to Corporation property which appears to the committee to be irrecoverable: Provided that where the amount of any such loss or depreciation exceeds rupees one thousand it shall not be written off except with previous sanction of the Government.
- (4) The Corporation shall sanction such staff as may reasonably be required by the standing committees to discharge their respective functions.] 2. Deemed to have been substituted by Act 22 of 2009 w.e.f.04.06.2009. 3. sub-section (1) substituted by Act 36 of 2010 w.e.f.30.07.2010.
1 Inserted by Act 27 of 1998 w.e.f.21.11.1998.
Chapter V POWERS AND FUNCTIONS OF THE CORPORATION AND OTHER AUTHORITIES
62. Functions of the Standing Committees of other corporations
1[Functions of the Standing Committees of other corporations] .- 2[ 1[Standing Committees for the corporations other than the 3[Bruhat Bangalore Mahanagara Palike] , shall perform the following functions, namely:-
- (1) The Standing Committee for taxation, finance and appeals shall deal with all matters relating to finance, taxation and appeal and all matters not specifically assigned to any other Standing Committee.]
- (2) The standing committee for public health, education and social justice shall deal with all matters relating to public health and education and securing the social justice to persons belonging to the Scheduled Castes, Scheduled Tribes and other weaker sections of the society and women.
- (3) The standing committee for town planning and improvement shall deal with all matters relating to public works, town planning and improvement. (3A) The standing committee for accounts shall deal with all matters relating to accounts and audit;] 2. Suib-sections (1) to (3A) substituted by Act 35 of 1994 Notification bringing it into force not available. 3. Deemed to have been substituted by Act 22 of 2009 w.e.f.04.06.2009.
- (4) The corporation shall, by regulations framed for the purpose, determine the powers and duties of each standing committee, not specifically provided for in this Act and may by regulations provide for a conference of two or more standing committees or for the appointment out of such committee of a joint committee for any purpose in respect of which they may be jointly interested.
- (5) The standing committee for 1[accounts] , in addition to the powers and duties assigned to it under the regulations,- 1. Sub-sections (1) to (3A) substituted by Act 35 of 1994 Notification bringing it into force not available.
- (a) shall supervise the utilization of the budget grants;
- (b) shall have access to the accounts of the corporation, and may require the Commissioner to furnish any clarification which it considers to be necessary as to the receipts and expenditure of the corporation fund;
- (c) may conduct a monthly audit of the corporation accounts and shall be bound to check the monthly abstract of receipt and disbursement for the preceding month as furnished by the Commissioner; and
- (d) may, subject to the approval of the corporation, write off the amount of any loss, or depreciation caused to corporation property which appears to the committee to be irrecoverable: Provided that where the amount of any such loss or depreciation exceeds rupees one thousand it shall not be written off except with previous sanction of the Government. 1[(5A)x x x] into force not available.
- (6) The corporation shall sanction such staff as may reasonably be required by the standing committees to discharge their respective functions.
1 Substituted by Act 27 of 1998 w.e.f.21.11.1998.
1 Inserted by Act 32 of 1986 w.e.f.17.6.1986 and Omitted by Act 35 of 1994 Notification bringing it
Chapter V POWERS AND FUNCTIONS OF THE CORPORATION AND OTHER AUTHORITIES
63. Delegation of powers to Commissioner by standing committee.-
- (1) Wherever it is provided by the Act or any other law for the time being in force that the Commissioner may take action subject to the approval, sanction, consent or concurrence of a standing committee the standing committee may, by resolution in writing, authorise him to take action in anticipation of its approval, sanction, consent or concurrence subject to such conditions, if any, as may be specified in such resolution.
- (2) Whenever the Commissioner, in pursuance of such resolution, takes any action in anticipation of the approval, sanction, consent or concurrence of a standing committee he shall forthwith inform the committee of the action so taken.
Chapter V POWERS AND FUNCTIONS OF THE CORPORATION AND OTHER AUTHORITIES
64. Functions of the Commissioner
(1) Subject, whenever it is in this Act expressly so directed, to the approval or sanction of the corporation or the standing committee concerned and subject also to all other restrictions, limitations and conditions imposed by this Act or by any other law for the time being in force, the executive power for the purpose of carrying but the provisions of this Act and of any other law for the time being in force which imposes any duty or confers any power on the corporation shall vest in the Commissioner, who shall also,-
- (a) perform all the duties and exercise all the powers specifically imposed or conferred upon him by or under this Act or by any other law for the time being in force;
- (b) in any emergency take such immediate action for the service or safety of the public or the protection of the property of the corporation as the emergency shall appear to him or justify or require, notwithstanding that such action cannot be taken under this Act without the sanction, approval or authority of some other municipal authority or of the Government: Provided that the Commissioner shall report forthwith to the standing committee concerned and to the corporation the action he has taken and the reasons for taking the same and the amount of cost, if any, incurred or likely to be incurred in consequence of such action which is not covered by a current budget grant under the provisions of this Act.
- (2) Any powers, duties and functions conferred or imposed upon or vested in the corporation by any other law for the time being in force shall, subject to the provisions of such law, be exercised, performed or discharged by the Commissioner.
- (3) The Commissioner may, with the approval of the standing committee concerned, by order in writing empower any corporation officer to exercise, perform or discharge any such power, duty or function under his control and subject to his revision and to such conditions and limitation, if any, as he shall think fit to specify.
Chapter V POWERS AND FUNCTIONS OF THE CORPORATION AND OTHER AUTHORITIES
65. Commissioner to carry on correspondence
All correspondence relating to any matter dealt with, by or under this Act or under any other law between the corporation and the Government or other authority shall be conducted by the Commissioner and the Commissioner shall send copies of such correspondence to the Mayor.
Chapter V POWERS AND FUNCTIONS OF THE CORPORATION AND OTHER AUTHORITIES
66. Delegation of Commissioner's ordinary power
Subject to the rules made by the State Government, the Commissioner may delegate to any officer of the Corporation subordinate to him any of his ordinary powers, duties and functions 1. Inserted by Act 35 of 1994 w.e.f.1.6.1994. 1[including the powers specified in Schedule III] .
1 Inserted by Act 35 of 1994 w.e.f.1.6.1994.
1[including the powers specified in Schedule III] .
Chapter V POWERS AND FUNCTIONS OF THE CORPORATION AND OTHER AUTHORITIES
67. Delegation of Commissioner's extraordinary power.- The
Commissioner may on his own responsibility and by order in writing authorise the health officer, the engineer, the revenue officer or any other officer who is the head of a department working under the Commissioner, or any person in temporary charge of the duties of any of the officers aforesaid to exercise the extraordinary powers conferred on him by clause (b) of sub-section (1) of section 64.
Chapter V POWERS AND FUNCTIONS OF THE CORPORATION AND OTHER AUTHORITIES
68. Custody of records
The Commissioner shall be responsible for the custody of all records of the corporation including all papers and documents connected with the proceedings of the corporation, the standing committee and other committees.
Chapter V POWERS AND FUNCTIONS OF THE CORPORATION AND OTHER AUTHORITIES
69. Control over Corporation establishment
Subject to the provisions of this Act, rules and regulations, the Commissioner shall specify the duties of persons borne on the Corporation establishment and exercise powers of supervision and control over them and decide all questions relating to their conditions of service.
Chapter V POWERS AND FUNCTIONS OF THE CORPORATION AND OTHER AUTHORITIES
70. Power of councillors
(1) Any councillor may draw the attention of the proper authority to any neglect in the execution of corporation work, to any waste of corporation property or to the wants of any locality, and may suggest any improvements which he considers desirable.
- (2) Every councillor shall have the right to interpellate on matters connected with the corporation administration subject to the regulations framed in this behalf.
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