Chapter XXIII POWER REGARDING RULES AND BYELAWS

(1)The Government may, after previous publication, by notification make rules for carrying out all or any of the purposes of this Act. (2) Subject to the provisions of this Act, the Government may, by notification in the Official Gazette, make rules, which may include the following,- (a) conditions on which property may be acquired by the Corporation or on which property vested in or belonging to the Corporation may be transferred by sale, mortgage, lease, exchange or otherwise; (b) the preparation of plans and estimates for works which are to be partly or wholly constructed at the expense of the Corporation and the power of the Corporation authorities or Government officers to record professional or administrative sanction to estimates; (c) the estimate of receipts and expenditure, returns, statements and reports to be submitted by Corporations; (d) the moving of resolutions at the meeting of the Council; (e) the form of registers and returns of births and deaths, the manner in which the registers shall be maintained, the dates on which returns shall be filed and the officer before whom returns shall be submitted; (f) the powers of auditors inspecting and superintending officers and officers authorized to hold inquiries to summon and examine witnesses and to compel the production of documents and all other matters connected, with audit, inspection and superintendence. (g) registration of marriages at the instance of the parties concerned containing such particulars as may be prescribed and issuance of certificates thereof on application after realizing the prescribed fees for such certificates; (h) preparation of development plans for the corporation area, its approval and implementation; (i) functions of Ward Committees and Ward Sabhas; and (j) Right to information of the people on matters of corporation administration and duties. (k) Method of recruitment and conditions of service of the corporation officers and employees and the matters regarding deputation of officers and employees from the department of State Audit and Accounts, Health, Town and Country Planning and etc., of the Government. (l) any other matter which has to be or may be prescribed under this Act. (3) The Government may, by notification, and after previous publication make rules altering, adding to or cancelling any of Schedules to this Act. (4) A rule under this Act may be made with retrospective effect, and when such a rule is made, the reasons for making the rule shall be specified in a statement laid before both Houses of the State Legislature, and subject to any modification made under sub-section (5), every rule made under this Act, shall have effect as if enacted in this Act. (5) Every rule or notification made under this Act shall be laid as soon as may be after it is made, before each House of the State Legislature while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions and if before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or notification or both Houses agree that the rule or notification should not be made, the rule or notification shall thereafter have effect only in such modified form or be of no effect as the case may be; so, however, that any such modification or annulment shall be without, prejudice to the validity of anything previously done under that rule or notification.

The Corporation may with the previous approval of the Government by notification make regulations not inconsistent with the provisions of this Act and the rules made thereunder in respect of matters which are required to be provided for by regulations by this Act.

Subject to the provisions of this Act, the rules and regulations, the Corporation may make Bye-laws with respect to the following matters namely:-(1) for all matters expressly required or allowed by this Act to be provided for by Bye-laws. (2) for the due performance by all officers and employees of the corporation of the duties assigned to them; (3) any matter relating to the proceedings of the Corporation; (4) for the regulation of the time and mode of collecting the taxes under this Act; (5) for regulating the construction and maintenance of drains or pipes, privies, urinals, washing places, drainage works belonging to the corporation or other persons; (6) for regulating all matters connected to the use of water; (7) for regulating the management, maintenance, control and use of houses intended for the poorer sections of the community vesting in the Corporation; (8) for maintaining suitable means of access to buildings and preventing encroachment thereon; (9) for regulating sanitation, the destruction of rodents and other preventive and remedial measures against mosquitoes, flies and other insect pests; (10) for facilitating and securing complete and accurate registration of births and deaths; (11) for protection of the property of the corporation; (12) for regulating the holding of fairs and industrial exhibitions in the City; (13) for regulating the measures to be taken in the event of the outbreak of any disease among animals which is communicable to man and the supply of information which will facilitate the taking of such measures; (14) for the maintenance of sufficient open space to secure a free circulation of air and for the adequate ventilation of buildings; (15) for the control and supervision of public and private cart-stands, for the regulation of their use and for the levy of fees therein; (16) for the regulation and licensing of foodtrucks; (17) for the inspection of milch-cattle and the regulation of the ventilation, lighting, cleaning drainage and water-supply of dairies and cattle-sheds in the occupation of persons following the trade of dairyman or milk-seller; (18) for enforcing the cleanliness of milk-stores and milk-shops and vessels and utensils used by the keepers thereof or by hawkers for containing or measuring milk or preparing any milk product and for enforcing the cleanliness of persons employed in the milk trade; (19) for prescribing the qualifications and experience of architects, engineers, structural designers and plumbers; (20) for the regulation of the use of public streets, and the closing thereof or part thereof; (21) for the regulation of the laying of any cable including Optical Fibre Cables and imposing the conditions thereof and levying of such fees; (22) for the regulation of the use of parks, gardens and other places that come under the Corporation; (23) For the regulation and licensing of hotels, lodging houses, boarding houses, theatres, fairs, choultries, rest houses, restaurants, eating houses, cafes, refreshment rooms, coffee houses and any premises which is utilized by the public for consumption of any food or drink or any place where any food or drink is sold; (24) For the regulation and licensing of industries, commercial undertakings and corporate offices; (25) For the regulation and licensing of paying guests accommodation and service apartments; (26) For the regulation and licensing of shared office and living spaces; (27) For the regulation and licensing of hospitals and nursing homes; (28) for the sanitary control and supervision of factories and places used for any of the purposes and of any trade or manufacture carried on therein; (29) (a) for the regulation of burial and burning and other places for the burial of corpses; (b) for the levy of fees for the use of such burial and burning grounds and crematoria as are maintained by the Corporation; (c) for the verification of deaths and the cause of death; (30) (a) for the inspection of public and private markets and shops and other places therein; (b) for the regulation of their use and the control of their sanitary condition. (31) (a) for the control and supervision of slaughter houses and of places used for skinning and cutting up of carcasses; (b) for the control and supervision of the methods of slaughtering; (c) for the control and supervision of butchers carrying on business in the city or at any slaughter-house outside the city provided or licensed by the corporation; (d) controlling and regulating the sanitary condition of markets and slaughter-houses and preventing the exercise of cruelty therein. (32) for the prevention of dangerous diseases of men or animals; (33) for the enforcement of compulsory vaccination; (34) for the prevention of out-breaks of fire; (35) for the prohibition and regulation of advertisements; (36) for the registration of marriages;

No bye-law made by the corporation under this Act shall have any validity unless and until it is sanctioned by the Government: Provided that, if the sanction is not accorded within one month the bye-laws shall be deemed to have been sanctioned.

The power to make bye laws under this Act is subject to the conditions, - (1) that a draft of the proposed bye-law is published in the Official Gazette and in the local newspapers; (2) that the draft shall not further proceed until after the expiration of a period of thirty days from the publication thereof in the Official Gazette or of such longer period as the corporation may appoint; (3) that for at least thirty days, during such period a printed copy of the draft shall be kept at the corporation office for public inspection and all persons are permitted to peruse the same at any reasonable time free of charge;

(1) If, in respect of any of the matters specified in section 318, the corporation has failed to make any bye-laws or if the bye-laws made by it are not, in its opinion adequate, the Government may make rules providing for such matters to such extent as it may think fit. (2) The rules made under this section, may add to, alter, or cancel any bye-law made by the corporation. (3) Before making any rule under this section, the Government shall give the corporation an opportunity of showing cause against the making thereof.

(1) When any rule or bye-law has been made under this Act, such rule or bye-law shall be published in the Official Gazette in English and in Kannada. (2) A bye-law shall come into operation three months after it has been published as aforesaid. (3) The Chief Commissioner shall cause all rules and bye-laws in force to be printed in the said languages, and shall cause printed copies thereof to be sold to any applicant on payment of a fixed price. (4) The Chief Commissioner shall advertise in the local newspapers that copies of rules and bye-laws are for sale and specify the place where and the person from whom and the price at which, they are obtainable. (5) Regulations made under this Act shall be published in such manner as the corporation may determine.

(1) Printed copies of byelaws and of rules and regulations shall be hung up in some conspicuous part of the corporation office. (2) No corporation officer or servant shall prevent any person from inspecting at any reasonable time copies so exhibited. (3) No person shall, without lawful authority, destroy, pull-down, injure or deface any copies exhibited as above or any board to which the copies have been affixed.

All offences against this Act, or against any rule, bye-law, regulation or order made under it, whether committed within or outside the city, shall be cognizable by a first class magistrate having jurisdiction in the city; and such first class magistrate shall not be deemed to be incapable of taking cognizance of any such offence or of any offence against any enactment hereby repealed, by reason only of his being liable to pay the corporation rate or other tax or of his being benefited by the corporation fund to the credit of which any fine imposed by him will be payable.

(1) There shall be constituted and maintained a force to be called the corporation security force,- (i) for the better protection and security of the property owned by the corporation; (ii) for aiding the officers of the corporation in the detection and investigation of any matter relating to leakage of revenue or any tax payable to the corporation; (iii) for effective communication and obtaining of any information regarding any design to commit or the commission of any offence by any person under this Act, any rule, bye-law or regulation or order made under it. (2) The corporation security force shall consist of such number of supervisory officers and members as may be determined by the corporation and shall be appointed by the Chief Commissioner in accordance with such rules as may be prescribed. (3) The Chief Commissioner shall exercise powers of superintendence and control over the corporation security force and matters relating to recruitment and conditions of service, the conduct and discipline of the members of the security force shall be governed by such rules as may be prescribed.