Chapter XII CONTROL

[Content provided in document header: Chief Controlling Authority.] The Director of Municipal Administration shall subject to the control and orders of the Government, be the chief controlling authority in respect of all matters relating to the administration of this Act and for that purpose may exercise all powers necessary in that behalf.

[Content provided in document header: Power of inspection and supervision.] The Director of Municipal Administration, Deputy Commissioner, or any officer of the Government authorised by the Government by a general or special order, shall have power,— (a) to enter on and inspect, or cause to be entered on and inspected, any immovable property occupied by any municipal council or any institution under its control or management, or any work in progress under it or under its direction; (b) to call for any extract from the proceedings of any municipal council or of any committee, or for any book or document in the possession of or under the control of a municipal council, and any return, statement, account, or report which he may think fit to require such municipal council to furnish; (c) to require any information or explanation which an auditor can require under sub-section (1) of section 291; (d) to require a municipal council to take into its consideration any objection which appears to him to exist to the doing of anything which is about to be done or is being done by such municipal council or any information which he is able to furnish and which appears to him to necessitate the doing of a certain thing by the municipal council, and to make a written replay to him within a reasonable time stating its reasons for not desisting from doing, or for not doing, such thing.

[Content provided in document header: Power to inspect the office of municipal council.] (1) The Director of Municipal Administration, Deputy Commissioner or any officer authorised by the Government in this behalf shall have power to inspect the office of any municipal council and call for any information or records of any such municipal council. (2) The officer authorised under sub-section (1) shall submit the records for the orders of Government, if he is satisfied that any order or proceeding of the municipal council or its executive is contrary to law or orders for the time being in force.

[Content provided in document header: Deputy Commissioner’s power of suspending execution of orders, etc., of municipal councils.] (1) If, in the opinion of the Deputy Commissioner, the execution of any order or resolution of a town municipal council, or the doing of anything which is about to be done or is being done by or on behalf of a town municipal council, is unlawful or is causing or is likely to cause injury or annoyance to the public, or to lead to a breach of the peace, he may, by order in writing under his signature, suspend the execution or prohibit the doing thereof. (2) When a Deputy Commissioner makes any order under this section, he shall forthwith forward to Government and to the Director of Municipal Administration and to the municipal council affected thereby a copy of the order, with a statement of the reasons for making it; and it shall be in the discretion of the Government to rescind the order, or to direct that it shall continue in force with or without modification, permanently or for such period as it thinks fit: Provided that no order of the Deputy Commissioner passed under this section shall be confirmed, revised or modified by the Government without giving the municipal council, a reasonable opportunity of showing cause against the said order.

[Content provided in document header: Execution of work in certain cases.] (1) The Deputy Commissioner may provide for the execution of any work, or the doing of any act, which a town municipal council is empowered to execute or do, and the immediate execution or doing of which is, in his opinion necessary in the interests of the general public and may direct that the expenses of executing the work or doing the act with a reasonable remuneration to the person appointed to execute or do it, shall be forthwith paid by the town municipal council. (2) If the expense and remuneration are not so paid, the Deputy Commissioner may make an order directing any person, who, for the time being, has custody of any moneys on behalf of the municipal council, to pay such expense and remuneration from such moneys as he may have in his hands or may from time to time receive, and such person shall be bound to obey such order. (3) The provisions of sub-section (2) of section 306 shall apply, so far as may be, to any order under this section.

[Content provided in document header: Liability of councillors for loss, waste or misapplication.] (1) Every councillor of a town municipal council shall be personally liable for the loss, waste, or misapplication of any money or other property of the municipal council to which he has been a party, or which has been caused or facilitated by his misconduct or gross neglect of his duty as a councillor. (2) If, after giving the councillor or councillors concerned sufficient opportunity for showing cause to the contrary the Deputy Commissioner is satisfied that the loss, waste or misapplication of any money or other property of the municipal council is a direct consequence of misconduct or gross neglect on his or their part, the Deputy Commissioner shall by order in writing direct such councillor or councillors to pay to the municipal council before a fixed date, the amount required to reimburse it for such loss, waste or misapplication. (3) If the amount is not so paid, the Deputy Commissioner shall recover it as an arrear of land revenue and credit it to the Municipal Fund. (4) An appeal shall lie from the decision of the Deputy Commissioner under sub-section (2) to the Government.

[Content provided in document header: Commissioner’s power in respect of city municipal councils.] In respect of city municipal councils the powers conferred by sections 306, 307 and 308 shall be exercisable by the Director of Municipal Administration and the provisions of the said sections shall mutatis mutandis, apply to such city municipal councils and their councillors.

(1) The Government may order an inquiry to be held by any officer appointed by it in this behalf into,— (i) any matters concerning the municipal administration of any municipal area, or (ii) any act or conduct of any municipal authority, officer or servant, or (iii) any matter with respect to which the sanction, approval or consent of the Government is required under this Act. (2) The officer holding such inquiry shall, for the purpose thereof, have the powers which are vested in a court under the Code of Civil Procedure, 1908, in respect of the following matters:— (a) discovery and inspection; (b) enforcing the attendance of witnesses and requiring the deposit of their expenses; (c) compelling the production of documents; (d) examining witnesses on oath; (e) granting adjournments; (f) reception of evidence taken on affidavit; and (g) issuing commissions for the examinations of witnesses; and may summon and examine suo motu any person whose evidence appears to him to be material; and shall be deemed to be a civil court within the meaning of sections 480 and 482 of the Code of Criminal Procedure, 1898. Explanation.—For the purpose of enforcing the attendance of witnesses, the local limits of such officer’s jurisdiction shall be the limits of the State of Karnataka. (3) The reasonable expenses incurred by any person in attending to give evidence may be allowed by the officer holding the inquiry to such person and shall be deemed to be part of the costs. (4) Costs shall be in the discretion of the Government and the Government shall have full power to determine by and to whom and to what extent such costs are to be paid, and to allow interest on costs at a rate not exceeding six per cent per annum; and such costs and interest shall be leviable as an arrear of land revenue. (5) The Government after considering the report of the inquiry made by the officer appointed under sub-section (1), may give such directions or pass such orders as it considers necessary and where any such direction is given to the municipal council, the municipal council shall comply with such direction. (6) It shall be lawful for the Government to give any direction or pass any order under sub-section (5), which any officer subordinate to it could pass under any provision of this Act.

[Content provided in document header: Power of Commissioner to prevent extravagance in the employment of establishment.] (1) If in the opinion of the Director of Municipal Administration the number of persons who are employed by a municipal council as officers or servants or whom a municipal council proposes to employ or the remuneration assigned by the municipal council to those persons, or to any particular person is excessive, the municipal council shall, on the requirement of the Director of Municipal Administration, reduce the number of the said persons or the remuneration of the said person or persons: Provided that the municipal council may appeal against any such requirement to the Government whose decision thereon shall be conclusive.

[Content provided in document header: Government may require any municipal council to appoint a Health Officer.] (1) It shall be lawful for the Government,— (i) to require, if in its opinion at any time such an appointment is necessary, the appointment of a Health Officer to be made by any municipal council; (ii) to make in its discretion an order vetoing the appointment or continuance in any such office, of any person selected therefor or appointed thereto by any such municipal council, and the tenure of such office by any such person shall notwithstanding any contract or any other provision relating to his conditions of service, cease and determine on and from the date on which such order is communicated to the municipal council; (iii) to require that any person appointed to be a Chief Officer or a Municipal Commissioner shall be invested by any such municipal council with all or any of the powers which can, under this Act or under any rules or bye-laws in force at the time, be lawfully delegated to him, in addition to such powers as are conferred on him by Chapter XIV. (2) Any requisition issued to the municipal council under clauses (i) and (iii) of sub-section (1) shall be complied with within such time as the Government may in each case, specify in that behalf.

[Content provided in document header: Power of Government to provide for performance of duties in default of municipal council.] (1) When the Government is informed, on complaint made or otherwise, that a municipal council has made default in performing any duty imposed on it by or under this Act, or by or under any law for the time being in force, the Government, if satisfied after due inquiry that the municipal council has been guilty of the alleged default, may fix a period for the performance of that duty. (2) If that duty is not performed within the period so fixed, the Government may appoint some person to perform it, and may direct that the expenses of performing it, with a reasonable remuneration to the person appointed to perform it, shall be forthwith paid by the municipal council. (3) If the expense and remuneration are not so paid, the Government may make an order directing any person, who for the time being has custody of any moneys on behalf of the municipal council, to pay such expense and remuneration from such moneys as he may have in his hands or may from time to time receive, and such person shall be bound to obey such order.

[Content provided in document header: Power of Government to direct person in custody of municipal fund to pay Government dues.] If a municipal council makes default in the payment of any amount due to the Government it may make an order directing the person having the custody of the municipal 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 municipal council admit be bound to comply with such order.

(1) Whenever,— (a) any general election to a municipal council under this Act or any proceedings consequent thereon have been stayed by an order of a competent court or authority, or (b) the election of all the councillors or more than two-thirds of the whole number of councillors of the municipal council has been declared by a competent court or authority to be void, or (c) [Omitted], or (d) all the councillors or more than two-thirds of the whole number of councillors of the municipal council have resigned, so however, the total period of such appointment shall not exceed six months. the State Government shall by notification in the official Gazette, appoint an administrator for such period as may be specified in the notification and may, by like notification, curtail and extend either prospectively or retrospectively the period of such appointment. (2) Notwithstanding anything contained in this Act, on the appointment of an administrator under sub-section (1), during the period of such appointment, the said municipal council and committees thereof and the President and Vice-president charged with carrying out the provisions of this Act, or any other law, shall cease to exercise any powers and perform and discharge any duties or functions conferred or imposed on them by or under this Act or any other law and all such powers shall be exercised and all such duties and functions shall be performed and discharged by the administrator. (3) The State Government may, if it thinks fit, appoint an advisory council to advise and assist the administrator appointed under sub-section (1) in the exercise of the powers and the performance and discharge of the duties and functions conferred or imposed on him under this Act or any other law. The members of the advisory council shall hold office during the pleasure of the State Government.

[Content provided in document header: Power of Government to dissolve a municipal council in certain circumstances.] (1) If, in the opinion of Government any municipal council is not competent to perform, or persistently makes default in the performance of the duties imposed on it or undertaken by it by or under this Act, or any other law, or exceeds or abuses its power or refuses to carry out the directions given to it under the provisions of this Act or any other law or is functioning in a manner prejudicial to the municipal council, the Government may, by an order published, together with a statement of the reasons therefor, in the official Gazette, declare the municipal council to be incompetent or in default, or to have exceeded or abused its powers, as the case may be, and may dissolve it: Provided that before making an order of dissolution as aforesaid reasonable opportunity shall be given to the municipal council to show cause why such order should not be made. [Provisos x x x] (2) When the municipal council is dissolved by an order under sub-section (1) the following consequences shall ensue:— (i) all the councillors of the municipal council shall, on such date as may be specified in the order vacate their office as such councillors without prejudice to their eligibility for election under sub-section (3); (ii) during the period of dissolution of the municipal council, all powers and duties conferred and imposed on the municipal council by or under this Act or any other law shall be exercised and performed by such officer as the Government may from time to time appoint in that behalf; (iii) all property vested in the municipal council shall, until it is reconstituted, vest in the Government. (3) when a municipal council is dissolved it shall be reconstituted in the manner provided under this Act, before the end of six months from the date of such dissolution: Provided that where the remainder of the period for which the dissolved municipal council would have continued is less than six months, it shall not be necessary to hold any election under this section for constituting the municipal council for such period. (4) A municipal council constituted upon the dissolution before expiration of its duration shall continue only for the remainder of the period for which the dissolved municipal council would have continued had it not been dissolved. (5) An order of dissolution of a municipal council under sub-section (1) together with a statement of the reasons therefor shall be laid before both Houses of the State Legislature as soon as may be after it is made.

[Content provided in document header: Disputes between municipal councils.] (1) If any dispute for the decision of which this Act does not otherwise provide exists between a municipal council and one or more other municipal bodies in regard to any matters arising under the provisions of this or any other Act and the dispute is not amicably settled— (a) the Deputy Commissioner may take cognizance of the dispute and decide it himself if the dispute is between two or more town municipal councils in the same district or a town municipal council and a a town panchayat in the same district; (b) the Director of Municipal Administration may take cognizance of the dispute and decide it, in all other cases, in the same Revenue Division except when the Municipal Corporation of any City is a party to the dispute; (c) the Government may decide the dispute, if a Municipal Corporation of a City is a party to the dispute or if the dispute is between municipal bodies in two or more Revenue Divisions. (2) An appeal shall lie to the Director of Municipal Administration from an order of the Deputy Commissioner under clause (a) of sub-section (1) and to the Government from an order of the Director of Municipal Administration under clause (b) of sub-section (1). (3) No suit shall be entertained by a civil court in respect of any dispute referred to in sub-section (1).

[Content provided in document header: Power of officers acting for, or in default of municipal council and liability of municipal fund.] When the Director of Municipal Administration or any officer of the Government or any person appointed by him or the Government lawfully takes action on behalf of or in default of the municipal council under this Act, he shall have power to make such contracts as are necessary for the purpose, and shall be entitled to the same protection under this Act as the municipal authority whose powers he is exercising and compensation shall be recoverable from the municipal fund by any person suffering damage from the exercise of such powers to the same extent as if the action had been taken by such municipal authority.

[Content provided in document header: Power of Government to cancel or modify bye-laws of municipal councils.] (1) The Government may, at any time by notification repeal wholly or in part or modify any bye-law made by any municipal council: Provided that, before taking any action under this sub-section, the Government shall publish a draft of the proposed notification and communicate the same to the municipal council, fix a reasonable period for the municipal council and the members of the public to show cause against the proposal and consider the explanation and objections, if any, of the municipal council and the members of the public. (2) The repeal or modification of any bye-law shall take effect from the date of publication of the notification in the official Gazette, if no date is therein specified, and shall not affect anything done, omitted or suffered before such date.

(1) Notwithstanding anything contained in this Act, the Government shall have power to transfer any officer or servant of a municipal council to the service of any other municipal council or of any other local authority or of any Government Department. (2) The Government shall have power to issue such general or special directions as it thinks necessary for the purpose of giving due effect to transfers made under sub-section (1) and such directions shall be complied with by the municipal council and any municipal authority concerned.

[Content provided in document header: Delegation of powers by Government.] (1) The Government may by notification delegate to the Director of muncipal Administration, Deputy commissioner, Assistant Commissioner or Thasildar such of its powers under this Act except the power to make rules. (2) The Government may by notification delegate to the Deputy Commissioner any of the powers conferred under this Act on the Director of Muncipal Administration (2A) The Government may by notification, delegate to any other officer such of its powers or power conferred on any officer under this Act except the power to make rules. (3) Every delegation under sub-section (1), (2) or (2A) may be subject to such restrictions and conditions as may be specified in the notification.

[Content provided in document header: Revision.] (1) The Director of Municipal Administration may call for and examine the record of any proceedings including orders of assessment and revision of assessment under this Act of any subordinate officer, and after such enquiry as is deemed fit, if he, is satisfied that the order of the subordinate officer is contrary to law and has resulted in a miscarriage of justice, pass such orders thereon as he deems just. (2) Notwithstanding anything in sub-section (1), the Director of Municipal Administration may call for and examine the records of any proceedings of the municipal council including proceedings as appellate authority and if satisfied that any order in such proceedings is contrary to law or is prejudicial to the interests of the Municipal area, pass such orders as he deems just. (3) No order under sub-sections (1) and (2) shall be made to the prejudice of any party unless he has had an opportunity of being heard.