Chapter XVII MISCELLANEOUS

(1) Notwith-standing anything contained in this Act or in any other law for the time being in force, such posts under every local authority as may be specified by Government shall be filled by appointment of officers belonging to the Karnataka Municipal Administrative Service. (2) (a) With effect from such date as the Government may appoint, officers of local authorities holding the posts specified under sub-section (1) shall become officers of the Government and shall hold their office by the same tenure, at the same remuneration and upon the same terms and conditions of service and with the same rights and privileges as to pension, gratuity, provident fund and such other matters as they would have held the same under the local authority concerned and shall continue to do so until their remuneration, terms and conditions of service including the privileges as to pension, provident fund and gratuity are altered by rules or other provisions made under the Karnataka State Civil Services Act, 1978, and any such alteration shall have effect, notwithstanding anything contained in any contract or law for the time being in force. (b) Notwithstanding anything contained in the Industrial Disputes Act, 1947 (Central Act XIV of 1947), or in any other law for the time being in force the transfer of the services of any officer of a local authority by virtue of clause (a) shall not entitle any such officer to any compensation under that Act or other law and no such claim shall be entertained by any court, tribunal or other authority. (3) A municipal council may, if it deems necessary, by a resolution passed by two-thirds of the total number of members of the municipal council recommend to the Government the taking of such disciplinary action as may be necessary against any officer belonging to the said service in respect of any misconduct by him. Explanation.—For purposes of this section and section 367, “local authority” means a municipal corporation, municipal council, notified area committee, Sanitary Board, City Improvement Board, Town Improvement Board or Planning Authority constituted under any law for the time being in force.

[Content provided in document header: Agency for execution of public works.] (1) The Government, after consulting the municipal council, may direct that such public works as in the opinion of the Government require a degree of professional skill which may not be at the disposal of the municipal council shall be carried out by the Government or by such agency as the Government may specify. (2) All other works of the municipal council shall be executed by such agency and subject to such supervision as the municipal council thinks fit, subject to the rules prescribed in this behalf. (3) When any work is executed for a municipal council by the Government or by any other agency under the orders of the Government, the expense incurred on the work together with the charges for supervision and for tools and plant at such rates as may be fixed by the Government, from time to time, shall unless waived by the Government, be payable by the municipal council to the Government. (4) When the Government undertakes the work of maintenance of the water supply installations such as public reservoirs, tanks, cisterns, fountains, wells, pumps, pipes, taps, conduits, aqueducts and other works, in respect of any municipal area, the expense incurred by the Government in this behalf shall be payable by the municipal council to the Government, and the Government may require the municipal council to make a deposit in advance of such portion of the estimated expenditure for any year at such time as the Government may determine. (5) If the amount payable to the Government under sub-section (3) or sub-section (4) is not paid within a reasonable time, the Government 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.

[Content provided in document header: Recovery towards the Karnataka Municipal Administrative Service.] (1) Notwithstanding anything contained in this Act or any other law for the time being in force every local authority shall contribute in advance one-fourth percentage of its revenue to the Consolidated Fund of the State in such manner and at such times as the Government may, by order, determine to meet the expenditure in respect of salaries, allowances, pensions, provident fund, gratuities and other necessary expenses payable to the officers of the Karnataka Municipal Administrative Service: Provided that pending such contribution, the expenditure in respect of the Municipal Administrative Service shall be met from out of the consolidated fund of the State. (2) If the local authority fails to pay the amount required to be paid under sub-section (1), the Deputy Commissioner may direct the officer in custody of the funds of the local authority concerned to pay such amount or so much thereof as is possible from the balance of such funds.

[Content provided in document header: Penalty for acting as councillor, president or vice-president of a municipal council when disqualified.] (1) Whoever acts as a councillor of a municipal council knowing that, under this Act or the rules made thereunder he is not entitled or has ceased to be entitled to hold office as such, shall, be punished with fine of fifty rupees for every day on which he sits and votes as a member. (2) Whoever acts as the president or vice-president of a municipal council or exercises any of his functions knowing that under this Act or the rules made thereunder he is not entitled or has ceased to be entitled to hold office as such, or to exercise such functions shall, be punished with fine of two hundred rupees for every day on which he acts or functions as such. (3) Any person who having been the president or vice-president of a municipal council fails to hand over any documents of, or any moneys or other properties vested in or belonging to the municipal council which are in or have come into his possession or control, to his successor in office or other prescribed authority,— (a) in every case as soon as his term of office as such president or vice-president expires; and (b) in the case of a person who was the vice-president also on demand by the president, as the case may be, shall, be punished with fine which may extend to one thousand rupees.

[Content provided in document header: Penalty for interested member voting.] Whoever votes at any meeting of a municipal council or any committee thereof in contravention of the provisions of sub-section (1) of section 55, shall, be punished with fine which may extend to five hundred rupees.

[Content provided in document header: Penalty for acquisition by an officer or servant of interest in contract.] Without prejudice to any action under section 77, if any officer or servant of a municipal council knowingly acquires, directly or indirectly by himself or by a partner, employer or servant, any personal share or interest in any contract or employment with, by or on behalf of the municipal council he shall be deemed to have committed an offence under section 168 of the Indian Penal Code: Provided that no person shall by reason of being a share-holder in or member of, any company, be held to be interested in any contract entered into between such company and the municipal council unless he is a director of such company.

[Content provided in document header: Bidding prohibited.] (1) No employee of a municipal council, or any officer having any duty to perform in connection with the sale of movable or immovable property under this Act shall directly or indirectly bid for or acquire interest in any property sold at such sale. (2) Any person who contravenes the provisions of sub-section (1), shall, be punished with fine which may extend to five hundred rupees and shall also be liable to dismissal from service.

(1) Where any offence under this Act has been committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1) where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of or is attributable to any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation.—For the purpose of this section,— (a) “company” means a body corporate, and includes a firm, (b) “director” in relation to a firm means a partner in the firm.

[Content provided in document header: Signature or notices, etc., may be stamped.] Every licence, written permission, notice, bill, summons or other document which is required by this Act or any rule or bye-law made thereunder to bear the signature of the Municipal Commissioner or the Chief Officer or of any municipal officer, shall be deemed to be properly signed if it bears a facsimile of the signature of such Director of Municipal Administration or Chief Officer, as the case may be, stamped thereupon: Provided that nothing in this section shall be deemed to apply to a cheque drawn upon the municipal fund or any contract executed on behalf of the municipal council.

[Content provided in document header: Provisions of respect of licences, etc.] (1) Whenever it is provided in this Act or any rule or bye-law made thereunder that a licence or a written permission may be granted for any purpose such licence or written permission shall be signed by the Municipal Commissioner or the Chief Officer or by the officer empowered to grant the same under this Act or the rules or bye-laws made thereunder or by any municipal officer authorised by the Municipal Commissioner or the Chief Officer or such officer in this behalf and shall specify in addition to any other matter required to be specified under any other provision of this Act or any provision of any rule or bye-law made thereunder,— (a) the date of the grant thereof; (b) the purpose and the period (if any) for which it is granted; (c) restrictions or conditions, if any, subject to which it is granted; (d) the name and address of the person to whom it is granted; and (e) the fee, if any, paid for the licence or written permission. (2) Save as otherwise provided in this Act or any rule or bye-law made thereunder any licence or written permission granted under this Act or any rule or bye-law made thereunder may at any time be suspended or revoked by the Municipal Commissioner or the Chief Officer or the officer by whom it was granted, if he is satisfied that it has been secured by the grantee through misrepresentation or fraud or if any of its restrictions or conditions has been infringed or evaded by the grantee, or if the grantee is convicted for the contravention of any of the provisions of this Act or any rule or bye-law made thereunder relating to any matter for which the licence or permission has been granted: Provided that,- (a) before making any order of suspension or revocation reasonable opportunity shall be afforded to the grantee of the licence or the written permission to show cause why it should not be suspended or revoked; (b) every such order shall contain a brief statement of the reasons for the suspension or revocation of the licence or the written permission. (3) When any such licence or written permission is suspended or revoked, or when the period for which the same was granted has expired, the grantee shall, for all purposes of this Act or any rule or bye-law made thereunder, be deemed to be without a licence or written permission until such time as the order suspending or revoking the licence or written permission is rescinded or until the licence or written permission is renewed. (4) Every grantee of any licence or written permission granted under this Act or any rule or bye-law thereunder shall at all reasonable times, while such licence or written permission remains in force, if so required by the Municipal Commissioner or the Chief Officer, or by the officer by whom it was granted, produce such licence or written permission.

[Content provided in document header: Conditions of service of sweepers and certain other class of persons employed in municipal service.] (1) No person being a sweeper employed by the municipal council shall, in the absence of a contract authorising him so to do and without reasonable cause resign his employment or absent himself from his duty without having given one month’s notice to the Municipal Commissioner or Chief Officer or shall neglect or without reasonable cause refuse to perform his duties. (2) The municipal council may with the previous sanction of the Government, direct that on or from such date as may be specified in the resolution, the provisions of this section shall apply in the case of any specified class of persons employed by the municipal council whose functions are intimately connected with public health or safety.

[Content provided in document header: Admissibility of document or entry as evidence.] (1) A copy of any receipt, application, plan, notice, order or other document or of any entry in a register in the possession of the municipal council shall, if duly certified by the Municipal Commissioner or the Chief Officer, be admissible in evidence of the existence of the document or entry, and shall be admitted as evidence of the matter and transactions, therein recorded in every case where and to the same extent to which the original document or entry would, if produced, have been admissible to prove such matters and transactions. (2) No municipal officer or other employee shall, in any legal proceedings to which the municipal council is not a party, be required to produce any register or document the contents of which can be proved under sub-section (1) be a certified copy, or to appear as a witness to prove any matter or transaction recorded therein save by order of the court made for special cause.

[Content provided in document header: Licensing and other provisions not applicable to Government.] (1) Nothing in this Act or in any rule or bye-law made thereunder shall be construed as requiring the taking out of any licence or the obtaining of any permission under this Act or any such rule or bye-law in respect of any place in the occupation or under the control of the Central or the State Government or in respect of any property of the Central or the State Government. (2) Save in so far as they levy of any tax or continuation of levy of any tax on any property of the Union is permissible under Article 285 of the Constitution of India, the property of the Union shall be exempt from any tax levied under this Act.

Notwithstanding anything contained in this Act,— (1) no licence or permission shall be necessary for the Karnataka State Road Transport Corporation in respect of the fixation or erection of posts showing places of stoppage of buses or erection or construction of passenger-shelters, ticket booths and bus stands on any road or land vested in the municipal council: Provided that no passenger-shelter, ticket booths or bus stand shall be erected or constructed under this section except with the previous sanction of the Government; (2) in respect of passenger-shelters, ticket booths and bus stands erected or constructed under this section, the Karnataka State Road Transport Corporation shall be liable to pay to the municipal council such annual ground rent as may be agreed upon between them, and where there is no such agreement, as may be determined by the Government.

Provisions of sections 243, 244, 256 and 324 in so far as they relate to markets and other premises, shall not be applicable to any market declared under the Karnataka Agricultural Produce Marketing (Regulation) Act, 1966 and the provisions of this Act in respect of any other market shall be in addition to and not in derogation of the Karnataka Agricultural Produce Marketing (Regulation) Act, 1966.

[Content provided in document header: Provisions of Improvement Acts not affected.] The provisions of Chapter VIII of this Act shall not be applicable to the area to which the City of Mysore Improvement Act, 1903 (Mysore Act 3 of 1903) for the time being in force, extends, and any other municipal area for which an Improvement Board is constituted under any other similar law.

[Content provided in document header: Transitional Provisions.] (1) Notwithstanding anything in this Act or in any other law, such of the municipal bodies by whatever name constituted under any of the enactments repealed by section 382 and functioning immediately before the commencement of this Act, as the Government may, by notification, direct to be panchayats, town municipal councils, or city municipal councils, shall, as from the date of commencement of this Act, become bodies competent to exercise the powers and perform the duties conferred by the Karnataka Village Panchayats and Local Boards Act, 1959, on village panchayats or by this Act on town municipal council or city municipal council, as the case may be until panchayats or town municipal councils or city municipal councils are duly constituted under the provisions of the Karnataka Village Panchayats and Local Boards Act, 1959, or under the provisions of this Act, as the case may be: Provided that no municipal body shall be directed to be,- (i) a panchayat unless the population of the area within the jurisdiction of such municipal body is less than ten thousand as determined at the last preceding census; (ii) a town municipal council unless the population of the area within the jurisdiction of such municipal body is less than fifty thousand, as determined at the last preceding census; (iii) a city municipal council unless the population of the area within the jurisdiction of such municipal body is more than fifty thousand as determined at the last preceding census. Explanation.—In this section, ‘Municipal body’ includes a notified area committee, a Town Board, a Sanitary Board, or other similar body constituted under and law. (2) Subject to the provisions of section 382 and any order made under section 383,- (a) the provisions of the Karnataka Village Panchayats and Local Boards Act, 1959, relating to the conversion of a municipal council to a panchayat shall be applicable as if the municipal body directed to be a panchayat under sub-section (1) had been converted to a panchayat under the said provisions; and (b) the provisions of section 362 or section 361 of this Act, shall be applicable as if the municipal body directed to be a town municipal council or city municipal council, as the case may be, had been converted to a town municipal council or city municipal council, as the case may be, under the said section. (3) Subject to any notification issued under sub-section (1), every municipal body referred to in the said sub-section which is,- (i) a city municipal council, a borough municipal area or a town committee, shall, as from the date of commencement of this Act, exercise the powers and perform the duties conferred by the provisions of this Act on a city municipal council, until a city municipal council is duly constituted for the area within the jurisdiction of such body under the provisions of this Act; (ii) a body other than a body referred to in clause (i) shall, as from the date of commencement of this Act, exercise the powers and perform the duties conferred by the provisions of this Act on a town municipal council, until a town municipal council is duly constituted for the area within the jurisdiction of such body under the provisions of this Act. (4) A panchayat, a town municipal council or a city municipal council shall be duly constituted under the provisions of the Karnataka Village Panchayats and Local Boards Act, 1959, or the provisions of this Act, as the case may be, before the expiry of such period from the date of commencement of this Act, as the State Government may by notification, specify in respect of each panchayat, town municipal council or city municipal council, and from the date of the first meeting of the said panchayat or municipal council, as the case may be, every body exercising the powers and performing the functions of a panchayat and every municipal body exercising the powers and performing the functions of a town municipal council or city municipal council as the case may be, under sub-sections (1) and (3), shall stand dissolved: Provided that the period specified in respect of any panchayat, town municipal council or city municipal council under this sub-section shall not be less than the term for which the said body would be continued in accordance with the provisions of the enactment under which the said body was constituted or re-constituted: Provided further that if in respect of any panchayat or town municipal council or city municipal council no period is specified, the term for which the said body would have continued in accordance with the provisions of the enactment under which the said body was constituted or reconstituted shall be deemed to be the period specified under this sub-section: Provided also that the period specified or deemed to be specified under this sub-section shall not be deemed to affect the exercise by,— (i) the State Government or other competent authority of the powers under section 315 or 316 or any other provision of this Act in respect of any such town municipal council or city municipal council; or (ii) the Director of Municipal Administration or other competent authority of the powers under section 203 or any other provisions of the Karnataka Village Panchayats and Local Boards Act, 1959, in respect of any such Panchayat. (5) Subject to any order made under section 383 casual vacancies in the seats of members or councillors of every body exercising the powers and performing the functions of a panchayat or a town municipal council or city municipal council, as the case may be under sub-sections (1) and (3) shall be filled and all matters in connection with the filling of such (3) Subject to any notification issued under sub-section (1), every municipal body referred to in the said sub-section which is,-(i) a city municipal council, a borough municipal area or a town committee, shall, as from the date of commencement of this Act, exercise the powers and perform the duties conferred by the provisions of this Act on a city municipal council, until a city municipal council is duly constituted for the area within the jurisdiction of such body under the provisions of this Act;(ii) a body other than a body referred to in clause (i) shall, as from the date of commencement of this Act, exercise the powers and perform the duties conferred by the provisions of this Act on a town municipal council, until a town municipal council is duly constituted for the area within the jurisdiction of such body under the provisions of this Act. (4) A panchayat, a town municipal council or a city municipal council shall be duly constituted under the provisions of the Karnataka Village Panchayats and Local Boards Act, 1959, or the provisions of this Act, as the case may be, before the expiry of such period from the date of commencement of this Act, as the State Government may by notification, specify in respect of each panchayat, town municipal council or city municipal council, and from the date of the first meeting of the said panchayat or municipal council, as the case may be, every body exercising the powers and performing the functions of a panchayat and every municipal body exercising the powers and performing the functions of a town municipal council or city municipal council as the case may be, under sub-sections (1) and (3), shall stand dissolved:Provided that the period specified in respect of any panchayat, town municipal council or city municipal council under this sub-section shall not be less than the term for which the said body would be continued in accordance with the provisions of the enactment under which the said body was constituted or re-constituted:Provided further that if in respect of any panchayat or town municipal council or city municipal council no period is specified, the term for which the said body would have continued in accordance with the provisions of the enactment under which the said body was constituted or reconstituted shall be deemed to be the period specified under this sub-section:Provided also that the period specified or deemed to be specified under this sub-section shall not be deemed to affect the exercise by,—(i) the State Government or other competent authority of the powers under section 315 or 316 or any other provision of this Act in respect of any such town municipal council or city municipal council; or(ii) the Director of Municipal Administration or other competent authority of the powers under section 203 or any other provisions of the Karnataka Village Panchayats and Local Boards Act, 1959, in respect of any such Panchayat. (5) Subject to any order made under section 383 casual vacancies in the seats of members or councillors of every body exercising the powers and performing the functions of a panchayat or a town municipal council or city municipal council, as the case may be under sub-sections (1) and (3) shall be filled and all matters in connection with the filling of such vacancies shall be regulated in accordance with the provisions governing the filling of such vacancies and regulating such matters as were in force immediately before the date of commencement of this Act.

[Content provided in document header: Repeal and savings.] (1) The Mysore City Municipalities Act, 1933 (Mysore Act VII of 1933); the Mysore Town Municipalities Act, 1951 (Mysore Act XXII of 1951); the Bombay district Municipal Act, 1901 (Bombay Act III of 1901); the Bombay Municipal Boroughs Act, 1925 (Bombay Act XVIII of 1925); the Bombay Municipal Servants Act, 1890 (Bombay Act V of 1890); the Hyderabad District Municipalities Act, 1956 (Hyderabad Act XVIII of 1956); the Madras District Municipalities Act, 1920 (Madras Act V of 1920); the Coorg Municipal Regulation, 1907 (Regulation II of 1907); the Madras Town Nuisances Act, 1899 (Madras Act III of 1899); Chapter II of the Madras Public Health Act, 1939 (Madras Act III of 1939) Chapter XI of the Karnataka Village Panchayats and Local Boards Act, 1959 (Karnataka Act 10 of 1959) are hereby repealed:Provided that such repeal shall not affect,—(a) the previous operation of the said laws or anything duly done or suffered thereunder; or(b) any right, privilege, obligation or liability acquired, accrued or incurred under the said laws; or(c) any penalty, forfeiture or punishment incurred in respect of any offence committed against the said laws; or(d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, forfeiture or punishment as aforesaid,and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture, or punishment may be imposed as if this Act had not been passed:Provided further that subject to the preceding proviso anything done or any action taken (including any appointment or delegation made, tax, fee or cess imposed, notification, order, instrument, or direction issued, rule, regulation, form, bye-law or scheme framed, certificate obtained, permit or licence granted or registration effected) under the said laws shall be deemed to have been done or taken under the corresponding provisions of this Act and shall continue to be in force accordingly unless and until superseded by anything done or any action taken under this Act:Provided further that notwithstanding anything contained in the preceding proviso where any tax, duty, fee or cess other than a duty on transfers of immovable properties has been imposed under the said laws at a rate higher than the maximum rate permissible under this Act, such tax, duty, fee or cess may continue to be imposed and collected at such higher rate unless and until superseded by anything done or any action taken under this Act.Provided also that any reference in any enactment or in any instrument to any provision of any of the repealed laws shall, unless a different intention appears, be construed as a reference to the corresponding provision of this Act.(2) Notwithstanding anything contained in sub-section (1), any tax, fee or cess imposed under the said laws may, notwithstanding that such tax, fee or cess cannot be imposed under the provisions of this Act, be continued to be levied and recovered as if the provisions of such laws and the rules, bye-laws, orders and notifications made or issued thereunder relating to such levy and recovery had not been repealed.

[Content provided in document header: Orders for bringing this Act into force.] Notwithstanding anything contained in this Act or in any other law, the Government may, by order published in the official Gazette, make such provision as appears to it to be necessary or expedient,—(a) for bringing the provisions of this Act into effective operation;(b) for making omissions from, additions to and adaptations and modifications of the rules, bye-laws, notifications and orders referred to in the second proviso to sub-section (1) of section 381 in their application to any panchayat referred to in section 381 or any municipal council or municipal area;(c) for removing difficulties arising in connection with the transition to the provisions of this Act;(d) for authorising the continued carrying on for the time being on behalf of municipal councils of services and activities previously carried on by municipal councils or other municipal bodies; and(e) so far as it appears necessary or expedient in connection with any of the matters aforesaid for varying the powers or jurisdiction of any court or authority and empowering new courts or other authorities to exercise such jurisdiction as may be specified in such order.(2) Any order under sub-section (1) may be either prospective or restrospective in operation as may be specified in such order.(3) All orders made under sub-section (1) shall be laid before both Houses of the State Legislature and shall subject to such modifications as the State Legislature may make during the session in which they are so laid, have effect as if enacted in this Act.

(1) The State Government shall, with effect from such date as it may specify, establish a Directorate of Municipal Administration. The composition, the functions, the powers and duties of the Directorate shall be such as may be prescribed. (1A) the State Government may, by notification, appoint a Director of Municipal Administration to perform the functions entrusted under this Act. (2) Notwithstanding anything contained in this Act, the Government may by notification, delegate such of its powers under this Act except the power to make rules to the Director of Municipal Administration (hereinafter in this section referred to as ‘Director’). (3) The Government may, by notification, delegate to the Director all or any of the powers exercisable under this Act by the Deputy Commissioner. On the issue of such notification, the Deputy Commissioner shall cease to exercise the powers delegated to the Director. (3A) The Government may, by notification, delegate to the Deputy Commissioner any of the powers exercisable by the Director. (4) There shall also be a legal cell in the Directorate consisting of such number of officers and possessing such qualifications as may be prescribed.

[Content provided in document header: Direction and control] (1) without prejudice to any of the provisions of this Act and notwithstanding anything contained in any other law for the time being in force, the State Government or as the case may be the Director of Municipal Administration shall require,- (a) all City Municipal Councils, Town Municipal Councils and Town Panchayats and all its officers; (b) all Municipal Corporations other than Bruhat Bangalore Mahanagara Palike established under the Karnataka Municipal Corporations Act, 1976 and all its officers,- (i) to produce any record, correspondence or other documents; (ii) to furnish any return, plan, estimate, accounts or statistics; and (iii) to furnish or obtain any report; and thereupon such City Municipal Council, town Municipal Council, town Panchayat or as the case may be Municipal Corporation shall comply with such requirement. (2) The Director of Municipal Administration or as the case may be the State Government may depute any of its officers to inspect or examine any department, office, service, work or property of the City Municipal Council, Town Municipal Council, Town Panchayat or as the case may be the Municipal Corporation and to report thereon and such officer may, for the purpose of such inspection or examination, exercise all the powers of the State Government or the Director of Municipal Administration.