Chapter XXV MISCELLANEOUS

No suit, prosecution or other legal proceedings shall lie against the Government or any Corporation authority, officer, or servant or any person acting under the direction of the Government or any Corporation authority, officer or servant, in respect of anything done in good faith done or intended to be done under this Act, or any rule, bye-law, regulation or order made under it.

When the Mayor or Deputy Mayor, or any councillor or the Chief Commissioner or any officer of Government working in the corporation on deputation is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharging of his official duty, no magistrate shall take cognizance of such offence except with the previous sanction of the Government.

(1) No assessment or demand made and no charge imposed under the authority of this Act shall be impeached or affected by reason of any clerical error or by reason of any mistake,- (a) in respect of the name, residence, place of business or occupation of any person, or (b) in the description of any property or thing, or (c) in respect of the amount assessed, demanded or charged: Provided that the provisions of this Act have in substance and effect been complied with and no proceedings under this Act shall, merely for defect in form, be quashed or set aside by any court. (2) No suit shall be brought in any court to recover any sum of money collected under the authority of this Act or to recover damages on account of any assessment, or collection of money made under the said authority: Provided that, the provisions of this Act have in substance and effect, been complied with. (3) No distraint or sale under this Act shall be deemed unlawful, nor shall any person making the same be deemed a trespasser, on account of any error, defect or want of form in the bill, notice, schedule, form, summons, notice of demand, warrant of distraint, inventory or, other proceeding relating thereto, if the provisions of this Act, the rules and the bye-laws have, in substance and effect been complied with: Provided that every person aggrieved by any irregularity may recover satisfaction for any special damage sustained by him.

It shall be the duty of every police officer,- (a) to communicate without delay to the appropriate corporation officer any information which he receives of the design to commit or of the commission of any offence under this Act or any rule, bye-law or regulations made under it; (b) to assist the Chief Commissioner or any corporation officer or servant or any person to whom the Chief Commissioner has lawfully delegated powers reasonably demanding his aid for the lawful exercise of any power vesting in the Chief Commissioner or in such corporation officer or servant or person under this Act or any such rule, bye-law or regulation, and for all such purposes he shall have the same powers which he has in the exercise of his ordinary police duties.

(1) If any police officer sees any person committing an offence against any of the provisions of this Act or of any rule, bye-law or regulation made under it, he shall, if the name and address of such person are unknown to him and if the said person on demand declines to give his name and address or gives a name and address which such officer has reason to believe to be false, arrest such person. (2) No person arrested under sub-section (1) shall be detained in custody,- (a) after his true name and address are ascertained, or (b) without the order of a magistrate for any longer time, not exceeding twenty four hours from the hour of arrest than is necessary for bringing him before a magistrate.

The Government may empower any corporation officer or servant or any class of corporation officers or servants to exercise the powers of a police officer for the purposes of this Act.

No person shall obstruct any proceedings of the corporation or any standing committee, the Mayor or Deputy Mayor, and Councillor, the Chief Commissioner or any person employed by the corporation or any person with whom the Chief Commissioner has entered into a contract on behalf of the corporation in the performance of their duty or of anything which they are empowered or required to do by virtue of or in consequence of this Act or of any rule, bye-law, regulation or order made under it

No person shall remove any mark set up for the purpose of indicating any level or direction incidental to the execution of any work authorised by this Act or any rule, bye-law, regulation or order made under it.

(1) The Chief Commissioner and Zonal Commissioner every councillor shall be liable for the loss, waste or misapplication of any money or other property owned by or vested in the corporation, if such loss, waste, or misapplication is a direct consequence of his willful neglect or misconduct and a suit for compensation may be instituted against him by the corporation with the previous sanction of the Government. (2) Every such suit shall be commenced within three years after the date on which the cause of action arose.

No person shall, without authority in that behalf remove, destroy, defence or otherwise obliterate any notice exhibited by or under the orders of the corporation, a standing committee or the Commissioner.

No person shall, without authority in that behalf, remove earth, sand or other material or deposit any matter or make any encroachment, from, in, or on any land vested in the corporation or water-courses (not being private property), or in any way obstruct the same.

All notices and permissions given, issued or granted, as the case may be, under the provisions of this Act shall be in writing or through electronic form /online.

Whenever under this Act or any rule, bye-law or regulation made under it, the doing of or omitting to do anything or the validity of anything depends upon the approval, sanction, consent, concurrence, declaration, opinion or satisfaction of,- (a) the corporation, a standing committee or the Chief Commissioner; or (b) any corporation officer, a written document signed in the case of (a), by the Chief Commissioner and in the case of (b) by the said corporation officer, purporting to convey or set forth such approval, sanction, consent, concurrence, declaration, opinion or satisfaction, shall be sufficient evidence thereof.

(1) Every licence, permission, notice, bill, schedule, summons, warrant or other document which is required by this Act or by any rule, bye-law or regulation made under it to bear the signature of the Chief Commissioner or of any corporation officer shall be deemed to be properly signed if it bears the facsimile of the signature or digital signature of the Chief Commissioner or of such corporation officer, as the case may be, stamped thereupon. (2) Nothing in sub-section (1) shall be deemed to apply to a cheque drawn upon the corporation fund or to any deed of contract.

Save as otherwise provided, every notification under this Act shall be published in the official Gazette, in English and in Kannada.

Every order, notice or other documents, directed to be published under this Act or any rule, bye-law or regulation made under it shall unless a different method is prescribed by this Act or by the corporation or the standing committee, as the case may be, be translated into Kannada and deposited in the office of the corporation and copies thereof in English and in Kannada shall be pasted in a conspicuous position at such office and on website of the Corporation and at such other places as the corporation or standing committee, as the case may be, may direct; and a public proclamation shall be made by beat of drum in the locality affected or by advertisement in the local newspapers that such copies have been so pasted and that the originals are open to inspection at the office of the corporation.

Whenever it is provided by this Act or by any rule, bye-law or regulation made under it that notice shall be given by advertisement in the local newspapers or that a notification or any information shall be published in the same, such notice, notification or information shall be inserted in at least one English and one Kannada newspaper published in the city.

Whenever the corporation, a standing committee or the Chief Commissioner shall have set apart any place for any purpose authorised by this Act or shall have prohibited the doing of anything in any place, the Chief Commissioner shall forthwith cause to be put up a notice in English and in Kannada at or near such place. Such notice shall specify the purpose for which such place has been set apart or the act prohibited in such place.

(1) When any notice or other document is required by this Act or by any rule, bye-law, regulation or order made under it to be served on or sent to any person, the service or sending thereof may be effected,- (a) by giving or tendering the said document to such person; or (b) by e-mail or through electronic means; or (c) if such person is not found, by leaving such document at his last known place of abode or business or by giving or tendering the same to his agent, clerk or servant or some adult member of his family; or (d) if such person does not reside in the city and his address elsewhere is known to the Commissioner, by sending the same to him by registered post; or (e) if none of the means aforesaid be available, by affixing the same in some conspicuous part of such place of abode or business. (2) When the person is an owner or occupier of any building or land it shall not be necessary to name the owner or occupier in the document, and in the case of joint owners and occupiers it shall be sufficient to serve it on, or send it to, one of such owners or occupiers. (3) Whenever in any bill, notice, form or other document served or sent under this Act, a period is fixed within which any tax or other sum is to be paid or any work executed or anything provided, such period shall, in the absence of an express provision to the contrary in this Act, be calculated from the date of such service or sending by registered post.

If the occupier of any building or land makes on behalf of the owner thereof any payment for which under this Act, the owner, but not the occupier is liable, such occupier shall be entitled to recover the same from the owner and may deduct it from the rent then or thereafter due by him to the owner.

(1) If the occupier of any building or land prevents the owner from carrying into effect in respect thereof any of the provisions of this Act the Chief Commissioner may by an order require the said occupier to permit the owner, within eight days from the date of service of such order, to execute all such works as may be necessary. (2) Such owner shall, for a period during which he is prevented as aforesaid, be exempted from any fine or penalty to which he might otherwise have become liable by reason of default, in executing such works.

If the owner of any building or land fails to execute any work which he is required to execute under the provisions of this Act or of any rule, bye-law, regulation or order made under it, the occupier of such building or land may, with the approval of the Chief Commissioner, execute the said work, and shall be entitled to recover from the owner the reasonable expenses incurred in the execution thereof and may deduct the amount thereof from the rent then or thereafter due by him to the owner.

(1) Whenever by any notice, requisition or order made under this Act or under any rule, bye-law or regulation made under it, any person is required to execute any work, or to take any measures or do anything, a reasonable time shall be named in such notice, requisition or order within which the work shall be executed, the measures taken, or the thing done. (2) If such notice, requisition or order is not complied with within the time so named, then whether or not a fine is provided for such default and whether or not the person in default, is liable to punishment or has been prosecuted or sentenced to any punishment for such default, the Chief Commissioner may cause such work to be executed, or may take any measure or do anything which may, in his opinion, be necessary for giving due effect to the notice ,requisition or order as aforesaid. (3) If no penalty has been specially provided in this Act for failure to comply with such notice, the said person shall, on conviction, be punished with fine not exceeding five thousand rupees for such offence.

Instead of recovering any such expenses as aforesaid in the manner provided under section 315 the Chief Commissioner may, if he thinks fit and with the approval of the standing committee take an agreement from the person liable for the payment thereof, to pay the same in instalments of such amounts and at such intervals as will secure the payment of the whole amount due, with interest thereon at the rate of nine per cent per annum, within a period of not more than five years.

If the expenses to be recovered have been incurred or are to be incurred in respect of any work mentioned,- (a) in clause (b) of sub-section (1) of section 222, section 225, section 256 or section 282; or (b) in any rule made under this Act in which this section is made applicable to such expenses, the Chief Commissioner may, if he thinks fit and with the approval of the standing committee, declare such expenses to be improvement expenses.

(1) Improvement expenses shall be a charge on the premises, in respect of which or for the benefit of which the same shall have been incurred and shall be recoverable in instalments of such amounts, and at such intervals, as will suffice to discharge such expenses together with interest thereon within such period not exceeding five years as the Chief Commissioner may in each case determine. (2) The said instalments shall be payable by the owner or occupier of the premises on which the expenses are charged: Provided that when the occupier pays any such instalment he shall be entitled to deduct the amount thereof from the rent payable by him to the owner or to recover the same from the owner.

At any time before the expiration of the period for the payment of any improvement expenses, the owner or occupier of the premises on which the expenses are charged may redeem such charge by paying to Commissioner such part of the said expenses as are still payable.

Every councillor, officer or servant, every contractor or agent for the collection of any corporation tax, fee or other sum due to the corporation and every person, employed by any such contractor or agent for the collection of such tax, fee, or sum shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code.

(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, a society, an Association of persons; (b) "director" in relation to a firm means a partner in the firm.

(1) No person shall fly any flag other than the National Flag or a flag approved by the Government on the office of the Corporation. (2) Whoever contravenes sub-section (1) shall be punished with imprisonment for a term which may extend to three months or with fine which may extend to Rs. 5,000 or with both and in the case of continuing contravention with a further fine which may extend to Rs. 500 for each day during which the contravention continues.

(1) No employee or officer of the corporation having any duty to perform in connection with the sale of movable or immovable property by or on behalf of the corporation 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 Rs. 500 and shall also be liable to dismissal from service.

If any local area consisting of one or more revenue villages in respect of which a Panchayat areal has been constituted under the Karnataka Gram swaraj and Panchayat Raj Act, 1993 is included in a Corporation area by virtue of a notification under sub-section (1) of section 4 then, notwithstanding anything contained in this Act or in the Karnataka Gram swaraj and Panchayat Raj Act, 1993 , but subject to the provisions of section 4 of this Act, with effect from the date on which such area is included in a Corporation area , the following consequences shall ensue, namely:- (a) the Grama Panchayat of such local area (here-inafter referred to as the panchayat) shall cease to exist and the Taluk Panchayat and Zilla Panchayat within the jurisdiction of which such area is situated shall cease to have jurisdiction over such area; (b) the unexpended balance of the Grama Panchayat Fund and the property (including arrears of rates, taxes and fees) belonging to the panchayat and all rights and powers which, prior to such notification, vested in the panchayat shall, subject to all charges and liabilities affecting the same, vest in the corporation of the Corporation area (hereinafter referred to as the corporation); (c) any appointment, notification, notice, tax, order, scheme, licence, permission, rule, bye-law or form, made, issued, imposed or granted under the Karnataka Gram Swaraj and Panchayat Raj Act, 1993 , immediately before the said date in respect of the said local area shall continue in force and be deemed to have been made, issued, imposed or granted under this Act until it is superseded or modified by any appointment, notification, notice, tax, order, scheme, licence, permission, rule, bye-law or form, made, issued, imposed or granted under this Act; (d) all budget estimates, assessments, assessment lists, valuations or measurements, made or authenticated under the Karnataka Panchayat Raj Act, 1993 , immediately before the said date in respect of the said local area shall be deemed to have been made or authenticated under this Act. (e) all debts and obligations incurred and all contracts made by or on behalf of the panchayat 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 power conferred on it by this Act. (f) all officers and servants in the employ of the panchayat immediately before the said date shall become officers and servants of the corporation under this Act and shall, until other provision is made in accordance with the provision of this Act receive salaries and allowances and be subject to the conditions of service to which they were entitled or subject 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 panchayat in the employ of which he was, had not ceased to exit; (g) all proceedings pending on the said date before the panchayat shall be deemed to be transferred to and shall be continued before the corporation; (h) all appeals pending before any authority shall, so far as may be practicable, be disposed of as if the said local area had been included in the lager urban area when they were filed; (i) all prosecutions instituted by or on behalf of the panchayat and all suits or other legal proceedings instituted by or against the panchayat or any officer of the panchayat pending on the said date shall be continued by or against the corporation as if the said local area had been included in the Corporation area when such prosecutions, suits or proceedings were instituted; (j) all arrears of rates, taxes and fees vesting in the corporation shall, notwithstanding that such rates and fees cannot be levied under this Act, be recoverable in the same manner as a tax recoverable under this Act; (k) until the reconstitution of the corporation in accordance with the provisions of this Act, notwithstanding anything to the contrary contained in this Act, such number of persons ordinarily resident in the local area included in the Corporation area who are nominated by the Government shall be additional councillors of the corporation.

If any difficulty arises in giving effect to the provisions of this Act the Government may by order, published in the official Gazette, as the occasion may require, do anything which appears to it to be necessary to remove the difficulty.

(1) The Government shall constitute a Metropolitan Planning Committee for the Bengaluru Metropolitan Area to prepare a draft development plan for such area as a whole. Explanation.- For the purpose of this section "Bengaluru Metropolitan area" means an area specified by the Governor to be a metropolitan area under clause (c) of Article 243P of the Constitution of India. (2) The Metropolitan Planning Committee shall consist of thirty persons of which,- (a) such number of persons, not being less than two-thirds of the members of the Committee, as may be specified by the Government shall be elected in the prescribed manner by, and from amongst, the elected members of the corporations, the Municipal Councils and town Panchayats, and the Adyakshas and Upadyakshas of Zilla Panchayats, Taluk Panchayats and Grama Panchayats in the Metropolitan area in proportion to the ratio between the population of the city and other municipal area and that of the areas in the jurisdiction of Zilla Panchayat, Taluk Panchayat and Grama Panchayat; (b) such number of representatives of,- (i) the Government of India and the State Government as may be determined by the State Government, and nominated by the Government of India or as the case may be, the State Government; (ii) such organisations and institutions as may be deemed necessary for carrying out of functions assigned to the committee, nominated by the State Government; (3) All the members of the House of the People and the State Legislative Assembly whose constituencies lie within the Metropolitan area and the members of the Council of State and the State Legislative Council who are registered as electors in such area shall be permanent invites of the Committee. (4) The Commissioner, Bengaluru Development Authority shall be the Secretary of the Committee. (5) The Chairman of the Metropolitan Planning Committee shall be chosen in such manner as may be prescribed. (6) The Metropolitan Planning Committee shall prepare a draft development plan for the Bengaluru metropolitan area as a whole. (7) The Metropolitan Planning Committee shall, in preparing the draft development plan,- (a) have regard to,- (i) the plans prepared by the local authorities in the Metropolitan area; (ii) matters of common interest between the local authorities including coordinated spatial planning of the area, sharing of water and other physical and natural resources, the integrated development of infrastructure and environmental conservation; (iii) the overall objectives and priorities set by the Government of India and the State Government; (iv) the extent and nature of investments likely to be made in the Metropolitan area by agencies of the Government of India and of the State Government and other available resources whether financial or otherwise; (b) consult such institutions and organisations as the Governor may, by order, specify. (8) The Chairman of the Metropolitan Planning Committee shall forward the development plan, as recommended by such Committee, to the State Government.

(1) The Government may, by notification in the official gazette, constitute for the corporation a Grievance Redressal Authority consisting of a retired district judge or a retired officer not below the rank of special deputy commissioner for the purpose of Redressal of Grievance. (2) The Government shall provide necessary staff to the grievance redressal authority. (3) The office of the Grievance Redressal Authority shall remain open during the business hours of the Corporation on all working days of the week; (4) The salary and other allowances of the Grievance Redressal Authority shall be the same which he was entitled to prior to his retirement minus pension; (5) The Grievance Redressal Authority shall communicate the decision of the Grievance Redressal Authority to the aggrieved citizen within such period as may be prescribed. (6) The Grievance Redressal Authority shall, immediately after the expiry of the period prescribed for the communication of the decision of the Authority, report every complaint which has not been redressed along with the details of the complainant, nature of complaint, and reasons for non-redressal, to the Chief Commissioner for necessary action; (7) Where the Grievance Redressal Authority at the time of deciding any complaint is of the opinion that officer or officers concerned or any other person has without any reasonable cause, willfully neglected his duties required to be performed by him under this Act or refused or failed or malafidely denied to extend the service urged within the time specified or within a reasonable time, such officer or person shall be subjected to a penalty of Rs. 250 each day till the grievance redressal. However, the total amount of such penalty shall not exceed Rs. 25,000. The Grievance Redressal Authority may in place of the penalty recommend for disciplinary action against the officer or the person concerned, under the service rules or relevant law applicable to him; Provided that the officer or the person concerned shall be given a reasonable opportunity of being heard before any penalty is imposed on him. Provided further that the burden of proving that he acted reasonably and diligently shall be on the officer or the person concerned who denied the service urged. Explanation: For the purpose of this section: - (a) “aggrieved citizen” means a citizen who has been affected by commission or omission of the Corporation while rendering service enjoined under this Act or any other law and includes a person seeking benefit of any scheme offered by the Government through the Corporation ; (b) “grievances” means and includes any complaint lodged by a aggrieved citizen regarding the commission or omission of action required to be taken by the Corporation in respect of: – (i) maintenance of health; (ii) maintenance of Road; (iii) maintenance of street lights; (iv) identification of beneficiaries of any scheme or project; (v) allocation of benefit of any scheme or project; (vi) maintenance of sanitation; (vii) grant or issue of any documents or certificate; (viii) any other matter as may be prescribed.

(1) the Grievance Redressal Authority may: – (a) call for and examine any document which he has reason to believe necessary to redress the grievance of an aggrieved citizen; (b) The Grievance Redressal Authority shall, for the purposes of performing the functions under this Act, have the same powers as are vested in a civil court under the code of civil procedure, 1908 in respect of the following matters, namely:- (i) summoning and enforcing the attendance of any person and examining him on oath; (ii) discovery and production of any document or other material object producible as evidence; (iii) receiving evidence on affidavits; (iv) requisitioning of any public record; (v) issuing commission for the examination of witnesses; (vi) reviewing its decisions, directions and orders; (vii) such other matter which may be prescribed; (2) The Grievance Redressal Authority shall be a quasi judicial authority and dispose off the matters before him summarily. (3) No complaint of the aggrieved citizen shall be entertained by the Grievance Redressal Authority unless the grievance has occurred as a result of deficiency negligence or malfeasance on the part of a office or officer or official or specific irregularity or benefit materially affecting the outcome or specific instance of discrimination is indicated. (4) The Grievance Redressal Authority shall ensure that, – (a) the grievance is remedied in a time frame not exceeding ninety days from the date of receipt of the complaint; or (b) the reason for the occurrence of the grievance is identified and the responsibility of the defaulting office or individual is fixed and the grievance is redressed satisfactorily within one month after the period specified in clause (a) or (c) where the grievance has occurred as a result of a deficiency, negligence or malfeasance on the part of an office or individual the action is taken in accordance with conduct rules and departmental procedures; and (d) where the individual responsible for the delivery of the goods and services has willfully neglected to deliver the good or service or there exist prima facie grounds for a case under the Prevention of Corruption Act 1988, he can make an observation to that effect along with a recommendation for the penalty to be imposed,- (i) upto Group „B‟ Officer to the Chief Commissioner; (ii) Group „A‟ and above officer to the Principal Secretary to Government or the Secretary to Government, as the case may be. (5) The Grievance Redressal Authority may seek the assistance of any other officer required for the proper discharge of his duties or may direct any other officer to take action to redress a complaint made by aggrieved citizen; (6) Any officer, whose assistance has been sought under sub-section (5), shall render all assistance to the grievance redress authority.

(1) Any person aggrieved by the decision of the Grievance Redressal Authority or who has not received an action taken report in respect of a complaint filed by him, may within a period of thirty days from the expiry of the receipt of such decision, prefer an appeal to the Karnataka Appellate Tribunal and the decision of such appellate authority shall be final: Provided that, the Appellate authority may admit the appeal after the expiry of thirty days if it is satisfied that the complainant was prevented by sufficient reason or cause from filing the appeal in time. (2) Every appeal shall be disposed of within ninety days from the date of receipt of such appeal. (3) The appellate authority shall arrange to deliver copies of the decisions to the parties concerned within a period of fifteen working days from the date of decisions taken by him.

The Grievance Redressal Authority shall hold office for a term of five years from the date on which he assumes office or till he attains the age of sixty five years whichever is earlier and shall not be eligible for re-appointment.

(1) The Grievance Redressal Authority may by notice in writing under his hand addressed to the Government resign his office. (2) Notwithstanding anything contained in sub-section (1), the Government may, by order, remove the Grievance Redressal Authority from the office of the Grievance Redressal Authority , if he,- (a) is adjudged as an insolvent; or (b) has been convicted of an offence which, in the opinion of the Government, involves moral turpitude; or (c) engages during his term of office in any paid employment outside the duties of his office; or (d) is, in the opinion of the government, unfit to continue in office by reason of infirmity of mind or body; or (e) has acquired such financial or other interest as is likely to affect prejudicially his functions as the Grievance Redressal Authority.

(1) The procedure and manner of filing a complaint and fees to be accompanied with such complaint shall be such as may be prescribed. (2) The manner and procedure of conducting proceedings before the Grievance Redressal Authority shall be such as may be prescribed.

The Grievance Redressal Authority shall not investigate any matter,- (i) which the Lokayukta or the uplokayukta is investigating under the provisions of the Karnataka Lokayukta Act, 1984 (Karnataka Act 4 of 1985); or (ii) which is being investigated by a Competent Authority under any provisions of the Central Act or State enactments.

(1) Any rule, notification, order or appointment, made or issued under the Karnataka Municipal Corporations Act, 1976 (Karnataka of 14 of 1977) and Rules made there under or otherwise providing for or relating to any of the matters for the furtherance of which this Act is enacted, before the date of commencement of this Act and in force on the date of commencement of this Act, to the extent they are not inconsistent with the provisions of this Act, shall continue to be in force and effective as if they are made or issued or appointed under the corresponding provisions of this Act unless and until superseded by anything done or any action taken or any rules, notification, order or appointment made under this Act. (2) Where, under the provisions of the Karnataka Municipal Corporations Act, 1976 (Karnataka of 14 of 1977) either an Administrator or a person has been appointed to exercise the powers and perform the duties of the Corporation, , then, such administrator or person shall be deemed to be an Administrator appointed under section 127 not exceeding for a period of one year. (3) All officers and servants in the employment of the Bruhat Banagalore Mahanagara Palike immediately before the commencement of this Act, shall become officers and servants of the Corporation under this Act and shall, 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 to 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 it 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 Corporation, in the employ of which he was, had not ceased to exist. (4) All assets and liabilities of the Bruhat Bengaluru mahanagara palike constituted under the Karnataka Municipal Corporations Act, 1976 (Karnataka of 14 of 1977 shall stand transferred to the Corporation constituted under this Act.

(1) The provisions of the Karnataka Municipal Corporations Act, 1976 (Karnataka of 14 of 1977) pertaining to the Bruhath Bengaluru Mahanagara Palike are hereby repealed. Provided that, such repeal shall not affect,- (a) anything done or any action taken under the said Act; or (b) the previous operation of the said Act or anything duly done or suffered thereunder; or (c) any right, privilege, obligation or liability acquired, accrued or incurred under the said Act; or (d) any penalty or punishment incurred in respect of any offence committed under the said Act: Provided further that, the provisions of section 6 of the Karnataka General Clauses Act, 1899 (Karnataka Act III of 1899) shall be applicable in respect of repeal of the said Act. Provided also that subject to the preceding proviso anything done or any action taken (including any appointment or delegation made, tax, duty, 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 enactments 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 also that, notwithstanding anything contained in the preceding provisos where any tax, duty, fee or cess other than a duty on transfers of immovable properties has been imposed under the said enactments 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 : (2) Notwithstanding anything contained in sub-section (1), any tax, duty, fee, or cess imposed under the said Act may, notwithstanding that such tax, duty, 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 enactments, the rules, bye-laws, orders and notifications made or issued thereunder relating to such levy and recovery had not been repealed.