Declaration of

1[city municipal area as a larger urban area]

under this Act.-

¹ Substituted by Act 35 of 1994 w.e.f. 1.6.1994.

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.]

1. (2) The provisions of the Karnataka Municipalities Act, 1964 applicable to 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in force and be deemed to have been made, issued or imposed under the provisions of this Act unless and until it is superseded by any appointment, notification, notice, tax, order, scheme, licence, permission, rule, bye-law or form made or issued or imposed under this Act.
2. (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

¹ Substituted by Act 35 of 1994 w.e.f. 1.6.1994.

¹ Substituted by Act 35 of 1994 w.e.f. 1.6.1994.

¹ Substituted by Act 35 of 1994 w.e.f. 1.6.1994.

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 Substituted by Act 35 of 1994 w.e.f. 1.6.1994.

1[larger urban area] municipal council shall become the Deputy Mayor of the said corporation under this Act;

1[(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

2[x x x]

.

¹ Inserted by Act 24 of 1978 w.e.f. 1.6.1977.

² Omitted by Act 35 of 1994 w.e.f. 1.6.1994.

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.]

1. (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 Substituted by Act 35 of 1994 w.e.f. 1.6.1994.

to all charges and liabilities affecting the same, vest in the corporation as the corporation fund;

1. (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;
2. (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;
3. (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;
4. (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;
5. (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;
6. (k) all officers and servants in the employ of the 1[larger urban area]

¹ Substituted by Act 35 of 1994 w.e.f. 1.6.1994.

¹ Substituted by Act 35 of 1994 w.e.f. 1.6.1994.

¹ Substituted by Act 35 of 1994 w.e.f. 1.6.1994.

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 Substituted by Act 35 of 1994 w.e.f. 1.6.1994.

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.

1[Provided that where the larger urban area so constituted does not have any newly added area and the election to such smaller urban area was held within one year before the date of declaration of Larger urban area, the election to such larger urban area for constitution of a corporation need not to be held till the completion of the term of members of smaller urban area so elected (irrespective of whether City Municipal Council was constituted or not) and the members of smaller urban area shall continue to be members of the larger urban area corporation to be constituted till the completion of their term so elected and a corporation shall be constituted by treating the said elected members as councilors of the corporation under Section 7 ] .

¹ Inserted by Act, 21 of 2014 w.e.f 28.02.2014

1. (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.]

¹ Substituted by Act 35 of 1994 w.e.f. 1.6.1994.