The Karnataka Municipalities and Certain Other Law (Amendment) Act, 2012
Chapter III MUNICIPAL AUTHORITIES
Chapter III MUNICIPAL AUTHORITIES
6. Municipal Authorities
The following shall be the municipal authorities of the corporation charged with carrying out the provisions of this Act, namely:-
- (a) the corporation;
- (b) the standing committees; and
- (c) the Commissioner.
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7. Constitution of the Corporation
(1) The Corporation shall consist of,-
3[
2[(a) such number of elected councillors not being less than thirty and not more than two hundred as the Government may, by notification, determine"; and] ]
4[Provided that, the Bruhat Bengaluru Mahanagara Palike the Corporation shall consist of such number of councillors not less than two hundred and twenty five but not more than two hundred and fifty councillors as the Government may, by notification, determine.] (b)
3[
1 Substituted by Act 5 of 2003 w.e.f. 27.03.2003.
2 Substituted by Act 14 of 2007 w.e.f.7.5.2007.
1[not exceeding ten percent of the total number of Councillors in the case of Bruhat Bangalore Mahanagara Palike] and not more than five persons in the case of other City Corporations] nominated by the Government from amongst the residents of the city,-
4 Inserted by Act 17 of 2020 w.e.f.03.10.2020.
3. Deemed to have been Substituted by Act 22 of 2009 w.e.f. 04.06.2009.
- (i) who are persons having special knowledge and experience in municipal administration or matters relating to health, town planning or education; or
- (ii) who are social workers;
- (c) the members of the Houses of People and the members of the State Legislative Assembly representing a part or whole of the city whose constituencies lie within the city 1[x x x] ;
- (d) the members of the Council of State and State Legislative Council who are registered as electors within the city: Provided that the persons referred to in clause (b) shall not have right to vote in the meetings of the Corporation.
1 Omitted by Act 24 of 1998 w.e.f. 10.6.1998.
- (2) Seats shall be reserved in a corporation,- (a)for the Scheduled Castes; and (b)for the Scheduled Tribes:
- • and the number of seats so reserved shall bear as nearly as may be, the same proportion to the total number of seats to be filled by direct election in the corporation as the population of the Scheduled Castes in the city or of the Scheduled Tribes in the city bears to the total population of the city.
- (3) Such number of seats which shall as nearly as may be, one third of the total number of seats to be filled by direct election in a corporation shall be reserved for persons belonging to the Backward Classes; 1[Provided that out of the seats reserved under this sub-section, eighty percent of the total number of such seats shall be reserved for the persons falling under category "A" and the remaining twenty percent of the seats shall be reserved for the persons falling under category "B": Provided further that if no person falling under category "A" is available, the seats reserved for that category shall also be filled by the persons falling under category "B" and vice-versa. 2[Provided also that the number of seats so reserved for the Backward Classes under this sub-section shall be so determined, that the total number of seats reserved for the Scheduled Castes and Schedule Tribes under sub-section(2) and the Backward Classes under this sub-section shall not exceed fifty per cent of the total number of seats in the City Corporations.] Explanation.- For the purpose of this sub-section and provisio to clause
- (b) of sub-section (1A) of section 10, categories "A" and "B" shall mean categories "A" and "B" referred to in clause (1) of section 2.] (4) 1[Not more than fifty percent of the seats reserved] for each category of persons belonging to Scheduled Castes, Scheduled Tribes and Backward Classes and those of the non-reserved seats to be filled by direct election in a corporation shall be reserved for women: Provided that the seats reserved in sub-sections (2), (3) and (4) shall be allotted by rotation to different wards in a city. (5)The Councillors referred to in clause (a) of sub-sections (1) shall be elected in the manner provided in this Act. (6)Nothing contained in sub-sections (2), (3) and (4) shall be deemed to prevent the members of the Scheduled Castes, Scheduled Tribes, Backward Classes or Women from standing for election to the non-reserved seats.]
1 Inserted by Act 25 of 1995 w.e.f. 26.9.1995.
2 Inserted by Act 32 of 2012 w.e.f. 30.8.2012.
1 Substituted by Act 32 of 2012 w.e.f. 30.8.2012.
1. Section 7 substituted by Act 35 of 1994 w.e.f. 1.6.1994.
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8. Term of office of councillors.-
1[(1) Save as otherwise provided in this Act, the term of office of councillors,-
- (i) directly elected at a general election shall be five years;
- (ii) nominated by the Government under clause (b) of sub-section
- (1) of section 7 shall, subject to the pleasure of the Government, be five years.
- (2) The term of office of the councillors shall commence on the date appointed for the first meeting of the corporation.
- (3) Notwithstanding anything contained in this Act, where two thirds of the total number of councillors required to be elected have been elected, the Corporation shall be deemed to have been duly constituted under this Act.]
- (4) If any casual vacancy occurs it shall be filled, as soon as may be, by
1 Substituted by Act 35 of 1994 w.e.f. 1.6.1994.
the election of a person thereto. The person so elected shall hold office only so long as the person in whose place he is elected would have held had the vacancy not occured: Provided that no election to fill a casual vacancy shall be held if the vacancy occurs within four months before the expiry by efflux of time of the term of office of the councillors.
- (5) A councillor may resign his office at any time by notice in writing
addressed to the Mayor and delivered to him and such resignation shall take effect from the date on which it is delivered.
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9. X X X]
1 Omitted by Act 35 of 1994 w.e.f. 1.6.1994.
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10. Mayor and Deputy Mayor.- (1)
1[Subject to the provisions of sub- section (1A) the Corporation] shall, at its first meeting after a general election of councillors and at its first meeting in the same month in each year thereafter, elect,-
- (a) one of its concillors 2[referred to in clause (a) of sub-section (1) of section 7] to be the Mayor, and
- (b) one other councillor 2[referred to in clause (a) of sub-section
- (1) of section 7] to be the Deputy Mayor. 1[(1A) There shall be reserved by the Government in the prescribed manner,-
- (a) such number of officers of Mayor and Deputy Mayor in the State, for the persons belonging to the Scheduled Castes and Scheduled Tribes and the number of such offices shall bear as nearly as may be, the same proportion to the total number of offices in the State as the population of Scheduled Castes in the State or of the Scheduled Tribes in the State bears to the total population of the State;
- (b) such number of offices of Mayor and Deputy Mayor in the State which shall as nearly as may be, one third of the total number of offices
1 Substituted by Act 35 of 1994 w.e.f. 1.6.1994.
2 Inserted by Act 35 of 1994 w.e.f. 1.6.1994.
of the Mayor and Deputy Mayor in the State for the persons belonging to the
Backward Classes;
1[Provided that out of the offices reserved under this clause eighty percent of the total number of such offices shall be reserved for the persons falling under category "A" and the remaining twenty percent of the offices shall be reserved for the persons falling under category "B". Provided further that if no person falling under category "A" is available, the offices reserved for that category shall also be filled by the persons falling under category "B" and vice-versa.]
2[Provided also that the number of offices of Mayor and Deputy Mayor reserved for the backward classes under this clause shall be so determined that the total number of offices of Mayor and Deputy Mayor reserved for the scheduled castes and the scheduled tribes under clause (a) and the backward classes under this clause shall not exceed fifty percent of the total number of offices of Mayor and Deputy Mayor of the City Corporations in the State.]
1 Inserted by Act 25 of 1995 w.e.f. 26.9..1995.
2 Substituted by Act 32 of 2012 w.e.f. 30.8..2012.
(c)
2[not more than fifty percent of the total number of offices of Mayor and Deputy Mayor] in the State from each of the categories reserved for persons belonging to Scheduled Castes, Scheduled Tribes and Backward Classes and those which are non-reserved, for women: Provided that the offices reserved under this sub-section shall be allotted by rotation in the prescribed manner. Explanation.- For the removal of doubts it is hereby declared that the principle of rotation for purposes of reservation of offices under this sub- section shall commence from the first ordinary election to be held after the first day of June 1994.]
2 Substituted by Act 32 of 2012 w.e.f. 30.8.2012.
1. Sub-section (1A) Inserted by Act 35 of 1994 w.e.f. 1.6.1994.
- (2) The Mayor or the Deputy Mayor shall hold office, for one year from the date of his election and shall, notwithstanding the expiry of the said period, continue in office till his successor is elected, provided that in the meantime he does not cease to be a councillor. 1[2A) Notwithstanding anything contained in the preceding sub-sections no election to the office of the Mayor and the Deputy Mayor under sub-section
- (1) shall be held till the expiry of a period of one month from the twentieth day of May, 1991, but such election shall be held in the first meeting in the month next to the expiry of the said period and the person so elected shall hold office as Mayor and Deputy mayor only for the period from the date of such election till his successor is elected in the first meeting held thereafter in the same month as the month in which the first meeting after general election was held to elect the Mayor and the Deputy may or.]
- (3) The retiring Mayor or the Deputy Mayor shall be eligible for re- election.
- (4) If any casual vacancy occurs in the office of the Mayor or Deputy
1 Inserted by Act 32 of 1991 w.e.f. 20.5.1991.
Mayor, the corporation shall, after the occurance of the vacancy, choose one of the councillors
1 Inserted by Act 35 of 1994 w.e.f. 1.6.1994.
1[referred to in clause (a) of sub-section (1) of section 7] to fill the vacancy and every Mayor or Deputy Mayor so elected shall hold office so long as the person in whose place he is elected would, but for the occurrence of the vacancy, have held office.
- (5) The Mayor may resign his office at any time by notice in writing addressed to the Deputy Mayor, and delivered to the Commissioner and in the absence of the Deputy Mayor addressed to the Commissioner and delivered to him.
- (6) The Deputy Mayor may resign his office at any time by notice in writing addressed to the Mayor and delivered to the Commissioner and in the absence of the Mayor addressed to the Commissioner and delivered to him.
- (7) The resignation under sub-section (5) or sub-section (6) shall take effect on the date on which it is delivered.
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11. Standing Committees.-
1[(1) There shall be the following Standing
Committees for the corporations other than the
2[Bruhat Bangalore
Mahanagara Palike] , namely:-
- (a) the Standing Committee for taxation, finance and appeals;
- (b) the Standing Committee for public health, education and social justice;
- (c) the Standing Committee for town planning and improvement;
- (d) the Standing Committee for accounts. 3[(1-A) There shall be the following Standing Committees for the Bruhat Bangalore Mahanagara Palike, namely:-
- (a) the Standing Committee for taxation and finance;
- (b) the Standing Committee for public health;
- (c) the Standing Committee for town planning and improvement;
- (d) the Standing Committee for major public works;
- (e) the Standing Committee for ward level public works;
- (f) the Standing Committee for accounts;
- (g) the Standing Committee for education;
- (h) the Standing Committee for social justice ; ]
- (i) the Standing Committee for appeals;
- (j) the Standing Committee for horticulture;
- (k) the Standing Committee for markets;
- (l) the Standing Committee for establishment and Administrative Reforms.
- (2) Each Standing Committee,-
- (a) for Corporations other than the Bruhat Bangalore Mahanagara Palike shall consist of seven Councillors of the Corporation; and
- (b) for Bruhat Bangalore Mahanagara Palike shall consist of eleven Councillors of Corporation -elected at the first meeting of the corporation after the general elections and at the first meeting in the same month in each succeeding year according to the principle of proportionate representation by means of single transferable vote: Provided that the Standing Committee for public health, education and social justice or as the case may be, the standing committee for social justice shall consist of not less than two Councillors belonging to the Scheduled Castes and Scheduled Tribes.]
1. Sub-section (1) substituted by Act 27 of 1998 w.e.f.21.11.1998.
2. Deemed to have been substituted by Act 22 of 2009 w.e.f.04.06.2009.
3. Sub-section (1) and (1A) substituted by Act 36 of 2010 w.e.f.30.07.2010.
- (3) No councillor shall be a member of more than one standing committee at the same time.
- (4) The Mayor and the Deputy Mayor shall ex-officio be members of all the standing committees but they shall not have the right of voting.
- (5) The term of office of the members of the standing committee shall be one year from the date of their election. A person shall cease to be a member of the standing committee if he ceases to be a councillor or if he absents himself without the permission of the standing committee for three consecutive meetings of the standing committee. 1[(5A) Notwithstanding anything contained in sub-sections (2) and (5), no election to the office of the member of the Standing Committee shall be held till the expiry of a period of one month from the Twenty-ninth day of May, 1991, but such election shall be held in the first meeting in the month next to the expiry of the said period and the person so elected shall hold office as
member of the Standing Committee only for the period from the date of such
1 Inserted by Act 32 of 1991 w.e.f.29.5.1991.
election till members of the Standing Committee are elected in the first meeting held thereafter in the same month as the month in which the first meeting after general election was held to elect the members of the Standing Committee.]
- (6) Where a casual vacancy occurs in the membership of a standing committee it shall be filled by the corporation by the election of another
councillor. The person so elected shall hold office only so long as the person in whose place he is elected would, but for the occurance of the vacancy, have held.
- (7) A member of the standing committee may resign his office at any time by notice in writing addressed to the chairman of the standing committee 1[or where there is no Chairman to the Mayor and delivered to the Chairman or as the case may be to the Mayor] and such resignation shall take effect from the date on which it is delivered. 1.
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12. Substituted by Act 35 of 1994 Notification bringing it into force is not available.
Chairman of the standing committees.- (1) Each standing committee shall elect one of its members as chairman.
- (2) Such chairman shall hold office until his successor is elected but shall be eligible for re-election.
- (3) Notwithstanding the provisions of sub-section (2) the chairman shall
vacate his office when he ceases to be a member of the standing committee.
- (4) If any casual vacancy occurs in the office of the chairman, the standing committee concerned shall, after the occurrence of such vacancy, elect one of its members to fill such vacancy, and every person so elected shall continue in office so long only as the person in whose place he is elected would, but for the occurrence of the vacancy have held.
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13. Construction of reference to standing committees and chairman
(1) Whenever in this Act the expression 'standing committee' occurs it shall, unless the context otherwise requires, be deemed to refer to the particular standing committee to which the power or duty in connection with which the expression is used is assigned by or under this Act, and all references to the standing committee in any other law shall be construed as reference to the particular standing committee to which the power or duty, is conferred or imposed by such law.
- (2) Any reference made to a 'chairman' of the standing committee by or
under this Act or under any other law shall be construed as a reference to the
Chairman of the particular standing committee to which the power or duty in connection with which the reference is made is assigned by or under this Act or under such law.
1[CHAPTER - IIIA Area sabhas and Ward Committees
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13A. Definitions and application
(1) In this Chapter, unless the context otherwise requires,-
- (a) “Area” means an area, determined in the manner specified in section 13B;
- (b) “Area Sabha” means, in relation to an Area, a body of all the persons who are registered as voters in the electoral rolls pertaining to any polling station of that Area;
- (c) “Association” means a trust, society, association or organization registered under Karnataka Societies Registration Act, 1960 and fulfil the conditions specified in sub-clause (iii) of clause (c) of sub-section
- (2) of section 13H.
- (d) “Polling Station” means Polling station set up for conducting elections to the Corporation;
- (e) “Ward Committee” means a committee constituted under section 13H.
- (f) “Ward Development Scheme” shall be the development scheme prepared by the Ward Committee for the budget allotted to it by the Corporation.
- (2) The provisions of this Chapter shall apply to such of the
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13B. Corporations as may be notified by the State Government.
Determination of Areas.- The State Government shall by order determine,-
- (a) the areas into which each Ward may be divided; and
- (b) each area shall comprise the polling area of one or more contiguous polling stations in a ward, but in any case not exceeding total area of five such polling stations:
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13C. Provided that polling area of any polling station shall not be divided into two or more areas.
Constitution of Area Sabha.- (1) There shall be an Area Sabha for each area.
- (2) All persons who are registered as voters in the electoral rolls of the polling stations in an area shall be members of that Area Sabha.
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13D. Representatives of Area Sabha
(1) Each area shall have an area sabha representative who shall be nominated by the Corporation on the recommendation of the councilor of the particular ward:
Provided that, if no recommendation is received within ninety days from the date of constitution or reconstitution of the Corporation, the Commissioner shall recommend names to the Corporation for nomination.
- (2) If councillor of any ward, for any reason ceases to be the Councillor before the expiry of the term of the Corporation, the Area Sabha Representatives of that ward shall also cease to be Area Sabha
Representatives and new Area Sabha Representatives shall be nominated in accordance with sub-section (1).
- (3) The Area Sabha Representative shall be a member of that Area Sabha.
- (4) Any person disqualified for being elected as a Councillor shall not be nominated as Area Sabha Representative.
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13E. Term of office.- Except as provided in sub-section (2) of section
13D, the term of office of an Area Sabha Representative shall be co-terminus with that of the Councilor Corporation concerned: Provided that no person shall continue to be a Area Sabha Representative if, at any time during his tenure, he incurs any of the disqualifications prescribed by or under any law for the time being in force for the purpose of election to the Corporation concerned: Provided further that no person shall continue or be entitled to hold office as Area Sabha Representative of an Area Sabha of which he ceases to be a member.
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13F. Meeting of the Area Sabha
(1) The Area Sabha shall meet at least once in three months. The Area Sabha Representative shall preside over the meeting of the Area Sabha.
- (2) An officer of appropriate rank shall be designated by the Commissioner of the Corporation to act as a nodal officer for each Area Sabha and who shall provide all administrative assistance to the Area Sabha Representative in conducting meetings of the Area Sabha. The nodal officer shall be the convener of the Area Sabha meetings and shall convene the meeting in consultation with the Area Sabha Representative. All minutes of the proceedings of the meeting shall be recorded by the nodal officer and a copy of the same shall be forwarded by him to the Ward Committee.
- (3) All decisions in the Area Sabha shall be as far as possible be arrived at through a consensus of all the members present.
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13G. Where consensus is not possible, the decision shall be taken by the majority of the members present.
Functions and duties of the Area Sabha.- An Area Sabha may, having regard to its managerial, technical, financial and organizational capacity, and the actual conditions prevailing in the Corporation, perform and discharge the following functions and duties, namely:-
- (1) It shall forward proposals for schemes and development
programmes to be implemented in the area, to the Ward Committee, or in its absence to the Corporation, for inclusion in the ward development scheme and programs and schemes implemented by the Corporation.
- (2) It shall select eligible persons from the area for beneficiary oriented schemes of the Corporation and forward the same for approval of the Ward Committee or in its absence, to the Corporation.
- (3) It shall cross verify the eligibility of persons getting various kinds of welfare assistance from Government such as pensions and subsidies and submit list of ineligible beneficiaries, if any, to the Ward Committee or in its absence, to the Corporation.
- (4) It shall support tax mapping and to remind and encourage Area Sabha members of their obligations to pay municipal taxes and user charges.
- (5) It may identify the deficiencies in the water supply and suggest remedial measures.
- (6) It may identify deficiencies in the sanitation arrangements and suggest remedial measures.
- (7) It may identify the deficiencies in the street lighting arrangements and suggest remedial measures.
- (8) It shall impart awareness on matters of public interest such as cleanliness, preservation of the environment and prevention of pollution and parks and such other public amenity schemes in the area.
- (9) It may assist the activities in public health centers in the area,
- (10) It shall provide and mobilize voluntary labour and contributions in cash and kind for development programmes and to supervise such development works through volunteer organizations.
- (11) It shall promote harmony and unity among various groups of people in the Area and encourage cultural and sports activities;
- (12) It may co-operate with the Ward Committee in discharging of any functions assigned to it. and
- (13) It shall perform such other functions as may be assigned to it by the
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13H. Corporation in accordance with the bye-laws.
Composition, territorial area and manner of filling of seats in Ward Committee.- (1) There shall be a Ward Committee for each ward in the Corporation.
- (2) The Ward Committee shall consist of the following, namely:-
- (a) the Councillor of the Corporation representing the Ward, shall be the Chairperson of the Ward Committee;
- (b) ten other members to be nominated by the Corporation; out of which, there shall be,-
- (i) at least two members belonging to the Scheduled Castes and the Scheduled Tribes;
- (ii) at least three women members; and
- (iii) at least two members representing residents Associations, whatever name called satisfying all conditions mentioned below, namely:-
- (a) its registered office shall be located with in the jurisdiction of that ward;
- (b) it shall represent majority of residents, or civic groups, or commercial groups or industrial groups;
- (c) it shall have been actively engaged in its activities for not less than three years; and
- (d) it shall be a registered Association by whatever name called, comprising of individuals who serve in a fiduciary capacity;
- (3) Any person disqualified from being elected as a Councillor shall not be nominated as member of the Ward Committee.
- (4) An officer of appropriate rank shall be designated by the Commissioner of the Corporation to act as Secretary for each Ward Committee to provide all administrative assistance to it. All minutes of the proceedings of the meeting of the Ward Committee shall be recorded by the Secretary and a copy of the same shall be forwarded to the Corporation.
- (5) The Secretary of the Ward Committee shall be the convener of the meeting of the Ward Committee who shall convene the meeting in consultation with Chairperson.
- (6) The Ward Committee shall meet at least once in a month.
- (7) Decisions of the Ward Committee shall normally be taken by the majority of the nominated members of the Ward Committee: Provided that the Chairperson may exercise a ‘veto’ over any decision by giving reasons in writing. The decision of the Chairperson shall be final and binding.
- (8) No act done or proceedings taken under this Act by the Ward Committee shall be invalid merely on the ground of any vacancy in it.
- (9) The Commissioner or his nominee, shall be entitled to take part in the meetings and deliberations of the Ward Committee. The Chairperson of the Ward Committee may request the representatives of concerned departments as special invitees to participate in the meetings.
- (10) The term of the nominated members shall be co-terminus with the term of the office of the Corporation.
- (11) Notwithstanding anything contained in this Act, the Corporation may in addition to the allotment of funds to various projects in the budget, also
allot not less than the prescribed amount towards ward development scheme to each ward which shall be utilised by the ward committee in the manner as may be prescribed.
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13I. Functions of the Ward Committee
(1) The Ward Committee shall discharge the following functions, namely:-
- (a) prepare and submit Ward Development Scheme to the corporation for allotment of funds;
- (b) ensure proper utilization of the funds allotted under ward development scheme in the ward.
- (c) approve the list of beneficiaries for beneficiary oriented schemes of the Corporation submitted by Area Sabhas falling under that ward;
- (d) scrutinize list of ineligible beneficiaries submitted by the Area Sabhas and submit it to the Corporation;
- (e) supervise all programmes and schemes being implemented by the Corporation in the ward;
- (f) ensure timely collection of taxes, fees and other sums due to the Corporation;
- (g) ensure water supply maintenance in the ward and finalize location of new public taps and public wells;
- (h) ensure sewerage system maintenance in the ward;
- (i) ensure proper solid waste management and sanitation work in the ward and finalize location of new public sanitation units;
- (j) ensure maintenance of street lighting in the ward and finalize location of new street lights;
- (k) ensure maintenance of parks, open spaces, greening of area in the ward;
- (l) ensure afforestation, and implementation of rain water harvesting schemes;
- (m) mobilize voluntary labour and donation by way of goods or money for implementation of Ward Development Scheme and various programmes and schemes of Corporation;
- (n) inform the Corporation regarding any encroachment of land belonging to the Corporation;
- (o) perform such other functions as may be assigned to it by the Corporation as per its bye-laws.
- (2) The procedure to be adopted by the Ward Committee in the transaction of its business shall be as may be prescribed in the rules.
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13J. Bye-laws
Every Corporation to which this Chapter is made applicable shall notify bye-laws for transaction of business and for finance and accounting procedures governing the working of Area Sabhas and Ward
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13K. Committees, within six months from the date of coming into force of this Chapter in that Corporation.
Power to make rules.- Subject to the provisions of this Act, the
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13L. State Government may, after previous publication, make rules to provide for any matter which is to be or may be prescribed by rules.
Power to remove difficulties.- (1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order, published in the official Gazette make such provisions not inconsistent with the provisions of this Act as may appear to be necessary for removing the difficulty.
- (2) Every order so made shall be laid as soon as may be after it is made before each House of the State Legislature.] 1. Chapter – IIIA (13A to 13L) inserted by Act 3 of 2011 w.e.f. 01.08.2011 vide Notification No. UDD 51 CSS 2009,
dated: 08.06.2011. Please see the text of notification at the end of the Act.
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14. Commissioner and his term of office, etc.- (1) The
Commissioner shall be appointed by the Government after consultation with the Mayor. He shall not be a member of the corporation and he shall, subject to the pleasure of the Government, ordinarily hold office for a period of two years.
- (2) Notwithstanding anything in sub-section (1), the Commissioner shall be removed from office whenever the corporation so resolves by a majority of not less than two-thirds of its members.
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15. Salary and other conditions of service of the Commissioner.-
- (1) The Commissioner shall be paid out of the corporation fund such monthly salary and allowances as the Government may, from time to time, by order determine.
- (2) The Commissioner shall be a whole time officer of the corporation and shall not engage in any other profession, trade or business whatsoever.
- (3) When a salaried servant of the Government is appointed as the Commissioner, there shall be paid to the Government out of the corporation funds such sum by way of contribution towards his pension, leave salary and other allowances as may be required to be paid by him or on his behalf under the conditions of service applicable to him.
- (4) The Commissioner shall be entitled to such leave as the Government may by order from time to time specify. The leave may be granted to the Commissioner by the Government and when such leave is granted, he shall be paid out of the corporation funds such leave salary and allowances as the Government may determine.
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16. Acting Commissioner
During the absence of the Commissioner, the Government may appoint a person to act as the Commissioner and every person so appointed shall exercise the powers and perform the duties conferred and imposed by this Act or any other law for the time being in force on the Commissioner and shall be subject to all the liabilities, restrictions and conditions to which the Commissioner is liable and shall receive such monthly salary and allowances, not exceeding the salary and allowances for the time being payable to the Commissioner, as the Government may determine.
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17. Honoraria, fees or allowances
(1) From out of the corporation funds such honoraria, fees or allowances as may be determined by the Government may be paid to Mayor, the Deputy Mayor and the councillors. 1. Substituted by Act 32 of 1986 w.e.f.17.6.1986. 1[(2) The corporation shall place at the disposal of the Mayor annually by way of sumptuary allowance such sum not exceeding the limit as may be prescribed: Provided that the limit so prescribed shall not be more than rupees twenty-five thousand and different limits may be prescribed for different corporations.] (3) Notwithstanding anything contained in this Act the receipt by any person of honorarium, fee or allowance as Mayor, Deputy Mayor or councillor as aforesaid shall not disqualify him for being elected as or for being a councillor.
1 Substituted by Act 32 of 1986 w.e.f.17.6.1986.
1[(2) The corporation shall place at the disposal of the Mayor annually by way of sumptuary allowance such sum not exceeding the limit as may be prescribed: Provided that the limit so prescribed shall not be more than rupees twenty-five thousand and different limits may be prescribed for different corporations.]
- (3) Notwithstanding anything contained in this Act the receipt by any person of honorarium, fee or allowance as Mayor, Deputy Mayor or councillor as aforesaid shall not disqualify him for being elected as or for being a councillor.
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18. Oath of allegiance to be taken by councillors.- (1)
Notwithstanding anything contained in the Oaths Act, 1969 (Central Act 44 of 1969) every person who is elected to be a councillor shall, before taking his seat, make at a meeting of the corporation, an oath or affirmation of his allegiance to the Constitution in the following form namely:-
the Constitution of India, and that I will faithfully discharge the duty upon which I am about to enter".
- (2) Any person who having been elected to be a councillor fails to make, within three months of the date on which his term of office commences or at
one of the first three meetings held after the said date, whichever is later the oath or affirmation laid down in sub-section (1) shall cease to hold his office and his seat shall be deemed to have become vacant.
- (3) Any person who has been elected to be a councillor shall not take his seat at a meeting of the corporation or do any act as such councillor unless he has made the oath or affirmation as laid down in sub-section (1).
- (4) Notwithstanding anything contained in sub-section (3), a Mayor or Deputy Mayor or the chairman or a member of a standing-committee, who has
not made the oath or affirmation as a councillor shall not be entitled to act as such Mayor, Deputy Mayor, Chairman or member.
Chapter III MUNICIPAL AUTHORITIES
19. Declaration of assets etc
(1) Every councillor 1[referred to in
1 Inserted by Act 35 of 1994 w.e.f.1.6.1994.
clause (a) of sub-section (1) of section 7] shall, not later than one month after the commencement of his term of office and in the same month of each succeeding year, file with the Mayor a declaration of all assets owned by him and any member of his family. Such declaration shall form part of the corporation records.
- (2) If any councillor fails to file the declaration referred to in sub-section
- (1) or files the same knowing it to be false or incorrect he shall cease to be a councillor.
- (3) Any question whether disqualification under sub-section (2) has occurred shall be decided, on reference made by the corporation, by Government and the decision of Government thereon, shall be final. Explanation.- For purposes of this section family means the spouse and dependant children of the councillor.
Chapter III MUNICIPAL AUTHORITIES
20. Power to make rules regarding election of Mayor, Deputy Mayor
and members and chairman of standing committees.- (1) The election of the Mayor or the Deputy Mayor and members and chairman of standing committees and the determination of disputes relating to such election and the filling up of vacancies in the said offices shall be in accordance with such rules as may be prescribed.
- (2) Any dispute relating to the validity of the election of Mayor or Deputy Mayor or member or chairman of a standing committee shall be decided by
the District Court having jurisdiction. An appeal shall lie to the High Court from an order of the District Court within a period of thirty days from the date of such order excluding the time required for obtaining a copy of the order: Provided that the High Court may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that the appellant had sufficient cause for not preferring the appeal within such period.
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