The Bruhat Bengaluru Mahanagara Palike Act, 2020
Chapter V MAYOR, DEPUTY MAYOR, CHIEF COMMISSIONER, ZONAL
Chapter V MAYOR, DEPUTY MAYOR, CHIEF COMMISSIONER, ZONAL
56. Mayor and Deputy Mayor
The Members of the Corporation shall in the first meeting of the Corporation elect one of its Members to be the Mayor and another member to be the Deputy Mayor of the Corporation in such manner as may be prescribed. In an event of a vacancy in the office of either the Mayor or the Deputy Mayor, the Corporation shall within one month of such a vacancy fill up these vacancies.
Chapter V MAYOR, DEPUTY MAYOR, CHIEF COMMISSIONER, ZONAL
57. Term of office of the Mayor and Deputy Mayor
The Mayor or the Deputy Mayor shall hold office for a period of thirty months from the date of his election and shall continue in office till his successor is elected.
Chapter V MAYOR, DEPUTY MAYOR, CHIEF COMMISSIONER, ZONAL
58. Reservation of the office of the Mayor and Deputy Mayor
There shall be reserved by the Government in the prescribed manner the office of Mayor and Deputy Mayor, as the case may be, of the Corporation, for the persons belonging to the Scheduled Castes, Scheduled Tribes and women by rotation on occurrence of vacancy.
Chapter V MAYOR, DEPUTY MAYOR, CHIEF COMMISSIONER, ZONAL
59. Powers and functions of the Mayor
(1) The Mayor shall discharge all functions as has been assigned to him under this Act. (2) When the office of the Mayor is vacant, the Deputy Mayor shall act as a Mayor and perform such functions as have been assigned to him until such time that a Mayor has been appointed. (3) The Mayor shall preside over every meeting of the corporation. (4) Subject to the provisions of this Act, the Mayor shall have general powers of inspection and may give direction to the Chief Commissioner with regard to the implementation of any resolution of the corporation or a standing committee in the discharge of any obligatory and discretionary functions of the corporation, and the Chief Commissioner shall comply with such directions. The Mayor may call any record of the corporation from the Chief Commissioner and the records made available to him shall be returned by him within fifteen days from the date they are made available. (5) The Mayor may, by an order in writing delegate any of his functions to the Deputy Mayor. (6) The Mayor shall not be eligible to be elected as chairman of any standing committee. (7) If the Mayor is, at the time of his election as Mayor, the chairman or an elected member of a standing committee, he shall cease to hold office as such chairman or member of such committee. (8) If any vacancy occurs in the office of the chairman of any standing committee, the Mayor shall convene a meeting of such committee for the election of another chairman.
Chapter V MAYOR, DEPUTY MAYOR, CHIEF COMMISSIONER, ZONAL
60. Functions of the Deputy Mayor
(1) When the office of the Mayor is vacant, his functions shall devolve on the Deputy Mayor until a new mayor is elected. (2) If the Mayor is continuously absent from the city for more than eight days, or is incapacitated for more than eight days his functions shall devolve on the Deputy Mayor until the mayor returns to the city or recovers from his incapacity, as the case may be. (3) The Deputy Mayor shall have the power to direct the Chief Commissioner to get the Administration and Audit Reports prepared in time. (4) The Deputy Mayor shall discharge such functions of the Mayor as may be delegated to him by the Mayor.
Chapter V MAYOR, DEPUTY MAYOR, CHIEF COMMISSIONER, ZONAL
61. Resignation of Mayor and Deputy Mayor.
(1) The Mayor may at any time resign by writing under his hand addressed to the Deputy Mayor and the Deputy Mayor may resign anytime by writing under his hand addressed to the Mayor: Provided that in the event of the vacancy of either the office of the Mayor or the Deputy Mayor the resignation may be addressed to the Regional Commissioner (2) The Regional Commissioner shall hold elections to the Office of Mayor and Deputy Mayor in accordance with such procedure prescribed within one month from the date of such vacancy. (3) In the event of the office of Mayor and Deputy Mayor is vacant, the Regional Commissioner shall discharge the functions of the Mayor till the such elections as under sub-section (2) is held. (4) Such a resignation delivered under sub section (1) shall take effect from the date on which it is delivered.
Chapter V MAYOR, DEPUTY MAYOR, CHIEF COMMISSIONER, ZONAL
62. Honoraria, fees or allowances
(1) From out of the corporation funds such honoraria, fees or allowances as may be determined by the Government may be paid to Mayor, the Deputy Mayor and the Councilors. (2) The Corporation shall place at the disposal of the Mayor annually by way of sumptuary allowance such sum not exceeding the limit as may be prescribed: Provided that, the limit shall be as prescribed. (3) Notwithstanding anything contained in this Act the receipt by any person of honorarium, fee or allowance as Mayor, Deputy Mayor or Councilor as aforesaid shall not disqualify him for being elected as or for being a Councilor.
Chapter V MAYOR, DEPUTY MAYOR, CHIEF COMMISSIONER, ZONAL
63. Chief Commissioner
(1) The Chief Commissioner shall be appointed by the Government in consultation with the Mayor and he shall not be a member of the Corporation. (2) The Chief Commissioner shall be an officer not below the rank of the Principal Secretary to Government. (3) The Chief Commissioner shall hold office for a period of two years subject to the pleasure of the Government and may be transferred by the Government, as may be required for the effective administration of the Corporation. (4) The transfer of the Chief Commissioner, specified under sub section (3) shall take place only after due consultation of the Corporation and reasons shall be recorded for such transfer. (5) The Chief Commissioner may be transferred from office by the Government, upon the recommendation of the Corporation on the following grounds, namely,- (a) Proved to be guilty of misconduct and neglect; and (b) Incapacity to perform duties assigned to him.
Chapter V MAYOR, DEPUTY MAYOR, CHIEF COMMISSIONER, ZONAL
64. Powers and Functions of the Chief Commissioner
The Chief Commissioner shall perform the following functions, namely:- (1) Supervise and direct the Zonal Commissioners on such matters as necessary under the Act. (2) Co-ordinate between the Mayor, Deputy Mayor, Council and the Zonal Committees for all matters necessary. (3) Decide on certain inter-zonal matters as may be referred to him by the Zonal Commissioner. (4) Undertake such other functions as may be required by him to do so under this Act or upon the direction of the Mayor or the Government. (5) Subject, whenever it is in this Act expressly so directed, to the approval or sanction of the corporation or the standing committee concerned and subject also to all other restrictions, limitations and conditions imposed by this Act or by any other law for the time being in force, the executive power for the purpose of carrying out the provisions of this Act and of any other law for the time being in force which imposes any duty or confers any power on the corporation shall vest in the Chief Commissioner, who shall also, (a) perform all the duties and exercise all the powers specifically imposed or conferred upon him by or under this Act or by any other law for the time being in force; (b) in any emergency take such immediate action for the service or safety of the public or the protection of the property of the corporation as the emergency shall appear to him or justify or require, notwithstanding that such action cannot be taken under this Act without the sanction, approval or authority of some other municipal authority or of the Government: Provided that, the Chief Commissioner shall report forthwith to the standing committee concerned and to the corporation the action he has taken and the reasons for taking the same and the amount of cost, if any, incurred or likely to be incurred in consequence of such action which is not covered by a current budget grant under the provisions of this Act. (6) Any powers, duties and functions conferred or imposed upon or vested in the corporation by any other law for the time being in force shall, subject to the provisions of such law, be exercised, performed or discharged by the Chief Commissioner. (7) The Chief Commissioner may, with the approval of the standing committee concerned, by order in writing empower any corporation officer to exercise, perform or discharge any such power, duty or function under his control and subject to his revision and to such conditions and limitation, if any, as he shall think fit to specify.
Chapter V MAYOR, DEPUTY MAYOR, CHIEF COMMISSIONER, ZONAL
65. Chief Commissioner to carry on correspondence
All correspondence relating to any matter dealt with, by or under this Act or under any other law between the corporation and the Government or other authority shall be conducted by the Chief Commissioner and the Chief Commissioner shall send copies of such correspondence to the Mayor.
Chapter V MAYOR, DEPUTY MAYOR, CHIEF COMMISSIONER, ZONAL
66. Delegation of Chief Commissioner's ordinary power
Subject to the rules made by the State Government, the Chief Commissioner may delegate to any officer of the Corporation subordinate to him any of his ordinary powers, duties and functions including such powers as may be prescribed.
Chapter V MAYOR, DEPUTY MAYOR, CHIEF COMMISSIONER, ZONAL
67. Delegation of Chief Commissioner's extraordinary power
The Chief Commissioner may on his own responsibility and by order in writing authorise the health officer, the engineer, the revenue officer or any other officer who is the head of a department working under the Chief Commissioner, or any person in temporary charge of the duties of any of the officers aforesaid to exercise the extraordinary powers conferred on him by clause (b) of sub-section (5) of section 64.
Chapter V MAYOR, DEPUTY MAYOR, CHIEF COMMISSIONER, ZONAL
68. Custody of records
The Chief Commissioner shall be responsible for the custody of all records of the corporation including all papers and documents connected with the proceedings of the corporation, the standing committee and other committees. (6) The Bruhat Bengaluru Mahanagara Palike may levy and collect the property tax from every building, vacant land or both including a building constructed in violation of the provisions of building byelaw or in an unauthorized layout or in a revenue land or from a building occupied without issuance of occupancy or completion certificate except the building constructed illegally in Government land, land belonging to any local body, any statutory body or an organization owned or controlled by the Government. The property tax collected from such building shall be maintained in a separate register: Provided that levy and collection of property tax under this sub-section from such building does not confer any right to regularise violation made, or title, ownership or legal status to such building. Such buildings shall always be liable for any action for violation of law in accordance with the provisions of this Act or any other law. (7) The property tax payable shall be reduced by fifty percent in respect of a self occupied building used for residential purpose and such class of self occupied nonresidential building as may be notified by the Government on the recommendation of the Corporation. (8) The person primarily liable to pay the property tax, shall pay the tax in two equal instalments through demand draft or E-Payment. The first being before 30th May and second by 29th November of each financial year. However, the owner or occupier or person primarily liable to pay property tax may choose to pay in one installment: Provided that if the owner or occupier who is liable to pay property tax files return and also pays property tax for the whole year, within one month from the date of commencement of each year he shall be allowed a rebate of five per cent on the tax payable by him: Provided further that the Government may on the recommendation of the Corporation by notification extend the time limit for payment of property tax without penalty and for the benefit of Five percent rebate in respect of any financial year. Provided also that, the person primarily liable to pay the property tax may, at any time subsequent to filing of the return and payment of the property tax, suo-motu revise his own return upwards thereby resulting in more property tax payment to the Corporation, the said revision shall be liable to the same interest and penalty as is applicable for the revision done under sub-section (15) by the Corporation. The revised return shall be treated as the return by the property tax payer and the Corporation reserves the right to revise it under sub-section (15). (9) Before any owner or occupier submits any return under sub-section (7), he shall pay in advance half-yearly tax calculated or the full amount of the property tax payable by him for the year on the basis of such return declared by him as being true and complete. (10) Notwithstanding anything contained in this Act the Government may prescribe the form and the manner in which every owner or occupier who is liable to pay the property tax under this Act shall submit a return every year to the Chief Commissioner, Bruhat Bengaluru Mahanagara Palike or to the officer or agency authorized by him in this behalf. (11) In order to facilitate filing of return by an owner or occupier of any building or vacant land or both and assessment of property tax under this section, the Chief Commissioner shall from time to time issue guidelines for determining the property tax payable thereon. (12) Every return filed by a owner or occupier of a residential building other than commercial building shall be deemed to have been assessed to tax except in cases where the Chief Commissioner or authorised officer may take-up or authorise subordinate officers of not less than ten percent of the cases for scrutiny of the returns filed in the manner prescribed: Provided that, the Chief Commissioner may suo moto or otherwise has reason to believe that there is an evasion of tax by the owner or occupier, he may cause inspection of such building and assess the tax. (13) For the purpose of scrutiny of the return filed or in cases where returns are not filed as required under sub-section (7) in respect of any buildings or lands or both, the Chief Commissioner or any person authorized by him in this behalf may enter, inspect, survey or measure any land or building after giving notice to the owner or occupier and the owner or occupier shall be bound to furnish necessary information required and based on such inspection and information collected, he shall assess the property tax subject to sub-section (5) and send a copy of the order of assessment to the owner or occupier concerned. Such entry into and upon any building or vacant land shall be made between sunrise and sunset. (14) If the occupier of the property, refuses to allow the authorised officer to enter to inspect the premises, the officer after giving reasonable opportunity shall record the refusal and shall proceed to assess the property to the best of his judgement: Provided that in the case of buildings used as human dwelling due regard shall be paid to the social and religious customs of the occupiers and no apartment in the actual occupancy of a woman shall be entered until she has been informed that she is at liberty to withdraw and every reasonable facility has been afforded to her for withdrawing. (15) Upon scrutiny, if the authorized officer has reasons to believe that any return furnished, which is deemed as assessed, is incorrect or has been under assessed resulting in evasion of property tax,- (a) may, on the basis of information available on record and after physical inspection proceed to re-assess the property, in the manner provided under this section; (b) if any property or land is liable to pay property tax but remains un-assessed and outside the taxable property records list or upon reassessment, the property tax is found more than five percent than the tax remitted, the evaded tax shall be payable together with penalty equal to the tax so evaded along with interest for the difference in tax paid and payable calculated at nine percent per annum. Illustration: If payable tax is rupees 150 for the year 2021 but actual property tax paid is rupees 100 then evaded tax amount is rupees 50. If the payment is happening on 23rd December 2023, then the following shall be payable – (i) Evaded Property Tax Amount = Rs 50/- (ii) Penalty for evasion = Rs 50/- (iii) 9% interest on the evaded property tax of Rs 50/- shall be calculated as follows – (a) 9% interest on Rs 25/- which is 50% of Rs 50/-, from 31st May 2021 until date of payment; and (b) 9% interest on the rest Rs 25/- which is 50% of Rs 50/-, from 30th November 2021 until date of payment. This provision shall also apply with respect to the unpaid demand where demands are already issued but for which the concerned person has not paid the demanded dues: Provided that the payments already made as per previous provision shall not be refunded nor adjusted against future liabilities. Provided further that the penalty payable by residential properties which have tiled or sheet roof (non-RCC) and is not more than 1000 Sq Ft, have only the ground floor and is self-occupied, shall be 25% of the evaded tax. Provided also that no penalty shall be payable by residential properties which are hutments, Government housing for poor, houses declared as slum by the Karnataka Slum Development Board or by Bruhat Bengaluru Mahanagara Palike, where such houses are self-occupied and have an area less than 300 square feet. Provided also that in case of properties which are in the Property tax registers but fail to pay the property tax, by end of the financial year in which the tax becomes due, shall, for the twelve months after the end of the financial year in which the tax became due, pay an interest at a rate of 15% per annum on the unpaid tax, calculated until the date when the tax is paid. Provided also that after end of said twelve months that is from second year after the end of the financial year in which the tax became due, any tax still unpaid shall pay a penalty equal to the unpaid tax plus the unpaid tax with interest on the unpaid tax at a rate of 9% per annum. Provided also that in case of existing defaulters the said twelve month period shall be deemed to start from 1.4.2024 and any tax out of the said dues still unpaid as on 1.4.2025, shall pay a penalty equal to the unpaid tax plus the unpaid tax with interest on the unpaid tax at a rate of nine percent per annum thereafter. Provided also that, as a one-time measure, in order to bring all the tax defaulters, un-assessed properties and those liable for re-assessment up-to-date with respect to their tax payments, there shall be following relaxations for the payments made until 30th November 2024, towards the unpaid tax, the un-assessed property and the property paying for re-assessment, namely:- (i) the penalty payable shall be rupees one hundred per year; and (ii) the interest payable shall be waived off. Provided also that, the properties which have already availed the benefits of one time measure under this clause before the commencement of the Bruhat Bengaluru Mahanagara Palike (Second Amendment) Act, 2024, shall also be eligible for above relaxations and any excess penalty paid by such properties shall be readjusted against any outstanding demand or future demand of the Corporation on the same property or the same owner. Provided that this provision shall be applicable prospectively. (c) if upon inspection and re-assessment as made under this section by the Chief Commissioner or the authorized officer, shall issue a notice of re-assessment to the tax payer demanding that the tax shall be paid within thirty days of the service of the notice and after giving the tax payer the opportunity of show cause in writing; (d) the owner or occupier may either accept the property tax assessed and the penalty levied or send objections to the Chief Commissioner or the authorized officer within a period of thirty days from the date of receipt of a copy of the notice under this sub-section; (e) the Chief Commissioner or the authorized officer shall consider the objections and pass such orders either confirming or revising such assessment within a period of sixty days from the date of filing objections and a copy of the order shall be sent to the owner or occupier concerned.
Chapter V MAYOR, DEPUTY MAYOR, CHIEF COMMISSIONER, ZONAL
69. Control over Corporation establishment
Subject to the provisions of this Act, rules and regulations, the Chief Commissioner shall specify the duties of persons borne on the Corporation establishment and exercise powers of supervision and control over them and decide all questions relating to their conditions of service.
Chapter V MAYOR, DEPUTY MAYOR, CHIEF COMMISSIONER, ZONAL
70. Salary and Allowances of the Chief Commissioner
The Chief Commissioner shall be paid out of the Corporation Fund such monthly salary and allowances, if any, as may from time to time be fixed by the State Government and shall also be given such facilities in relation to residential accommodation, conveyance and such other facilities as may be fixed by the Government.
Chapter V MAYOR, DEPUTY MAYOR, CHIEF COMMISSIONER, ZONAL
71. Appointment of officiating Chief Commissioner in case of death, resignation or removal of Commissioner
If any vacancy occurs in the office of the Chief Commissioner on account of death, resignation or removal, the Government may appoint another Officer not below the rank of the Principal Secretary to Government to take the role of the acting Chief Commissioner in his place for a term not exceeding six months, pending the appointment of a new Chief commissioner.
Chapter V MAYOR, DEPUTY MAYOR, CHIEF COMMISSIONER, ZONAL
72. Zonal Commissioner
A Zonal commissioner shall be appointed by the Government, for each zone notified by it and shall be a person not below the rank of the Secretary to the Government.
Chapter V MAYOR, DEPUTY MAYOR, CHIEF COMMISSIONER, ZONAL
73. Salary and Conditions of the Zonal Commissioner
The Zonal Commissioner shall be paid out of the Municipal Fund of the state such monthly salary and such monthly allowances, if any, as may from time to time be fixed by the Government and shall also be given such facilities in relation to residential accommodation, conveyance and such other facilities as may be fixed by the Government. The Corporation shall provide each person who pays property tax an acknowledgement or Khata for the payment of such tax, and such acknowledgement or Khata provided shall be distinct for lawful and unlawful buildings or vacant land and the format of such acknowledgement or Khata shall be prescribed from time to time under the rules. The Chief Commissioner shall maintain a record, in such format as may be prescribed, which shall contain the details of the lawful buildings or vacant lands and unlawful buildings or vacant lands which have been taxed under this section. For the purposes of maintenance of records under sub section (22), the Chief Commissioner may issue such directions to the zonal commissioner as required and also direct the maintenance of such records by each zonal committee.
Chapter V MAYOR, DEPUTY MAYOR, CHIEF COMMISSIONER, ZONAL
74. Powers and Functions of the Zonal Commissioner
The Zonal Commissioner shall perform the following functions, namely:- (a) He shall be the nodal authority for carrying out the civic administration on those matters specified under this Act for the zone under his jurisdiction; (b) He shall supervise, direct and coordinate the ward committees and the area sabhas on such matters as specified under this Act; (c) He shall undertake functions as directed by the Chief Commissioner or Mayor from time to time; and (d) Subject to the rules made by the State Government, the Zonal Commissioner may delegate to any officer of the Corporation subordinate to him any of his ordinary powers, duties and functions as provided under the Act.
Chapter V MAYOR, DEPUTY MAYOR, CHIEF COMMISSIONER, ZONAL
75. Establishment of a Constituency Consultative Committee
(1) There shall be a Committee known as the Constituency Consultative Committee, which shall be established by the Government for every assembly constituency in the corporation area. (2) The Constituency Consultative Committee shall consist of the following members namely:- (a) Member of the legislative Assembly from that Assembly Constituency who shall be the Chairperson; (b) the Corporation Councillors of all wards in that assembly constituency; (c) not more than five resident association representatives of the Assembly Constituency nominated by the Chairperson with the approval of the Government. (3) The term of nominated members shall be thirty months. (4) A person shall be disqualified for being nominated as a member of the Constituency Consultative Committee or to continue as such member, if under the provisions of the Act, for the time being in force, he would be disqualified for being elected as a Councillor of a Corporation. (5) The nominated member shall not have any personal interest in the affairs of the Corporation.
Chapter V MAYOR, DEPUTY MAYOR, CHIEF COMMISSIONER, ZONAL
76. Functions of the Constituency Consultative Committee
The Constituency Consultative Committee shall:- (a) Give aid and advice the zonal committees in the performance of their functions; (b) review the working of the zonal committees and provide suggestions for the improvement of backward ward; (c) Monitor the implementations of any projects in the constituency; (d) Receive any grievances from the general public relating to the functioning of any authority empowered under this Act; (e) advise the ward committees in carrying out their functions under the Act; and (f) Upon the previous sanction of the Chairperson seek such information necessary to review the working of the zonal committee and provide suggestions for the improvement of backward Ward.
Chapter V MAYOR, DEPUTY MAYOR, CHIEF COMMISSIONER, ZONAL
77. Establishment of Zonal Committees
(1) Each Zone of a Corporation shall have a Zonal Committee consisting of the following members namely:- (a) The Chairperson of the Zonal Committee shall be a councilor representing one of the wards within the Zone who shall be elected among councilors of the any such manner as may be prescribed. (b) All the Councilors elected from the wards within the Zone; (c) An Engineer who is incharge of the particular zone- Ex-officio Member; (d) one person who is an expert in solid waste management nominated by Government; and (e) one person who is an expert in urban governance nominated by the Government. (2) The term of the Chairperson of the Zonal Committee shall be one year. (3) A councilor who has become Chairperson of the zonal committee shall not be eligible to become Chairperson for the second term. (4) Officers of the Bengaluru Development Authority and the Bengaluru Water Supply and Sewerage Board who are responsible for the maintenance of services within the concerned zone shall be ex-officio members of the Zonal Committee. Police Officers including traffic incharge of the ward, BESCOM Officer incharge of the Zone shall attend the meetings of the Zonal Committees as may be required but shall not have the right to vote. (5) The Zonal Commissioner shall be coordinator of the Zonal Committee. (6) The Government shall by way of Rules specify the qualifications, manner of appointment and honorarium of the expert members of the zonal committee. (7) The Zonal Commissioner shall call for a meeting of the zonal committee at least once a month and the minutes of every zonal committee meeting shall be recorded, submitted to the Chief Commissioner and published on such mediums as may be specified within fifteen days from the date of such meeting. (8) The quorum for a zonal committee meeting shall be one fourth. (9) The Corporation shall provide an office space and secretarial staff for the working of the Zonal Committee (5) The Zonal Commissioner shall be coordinator of the Zonal Committee. (6) The Government shall by way of Rules specify the qualifications, manner of appointment and honorarium of the expert members of the zonal committee. (7) The Zonal Commissioner shall call for a meeting of the zonal committee at least once a month and the minutes of every zonal committee meeting shall be recorded, submitted to the Chief Commissioner and published on such mediums as may be specified within fifteen days from the date of such meeting. (8) The quorum for a zonal committee meeting shall be one fourth. (9) The Corporation shall provide an office space and secretarial staff for the working of the Zonal Committee
Chapter V MAYOR, DEPUTY MAYOR, CHIEF COMMISSIONER, ZONAL
78. Powers and Functions of the Zonal Committee
(1) The Zonal Committee shall,- (a) Supervise the implementation of any project or scheme of the Corporation which cuts across the boundaries of multiple wards but is within the boundaries of the Zone; (b) Issue directions to the respective ward engineer or such other officers of the Corporation for the implementation of any project or scheme; (c) Approve fresh infrastructure projects on management of solid waste, improvement of public streets, improvement of public spaces including parks and improvement of the aesthetics of the zone up to such amounts as may be specified and beyond such amount recommend to the Corporation of such projects; (d) Recommend to the Corporation any amendments to the bye-laws of the Corporation; (e) Take up discussion on those matters recommended by the ward committees, recommend the same to the corporation and issue directions to the ward committees within its delegated power to undertake such functions; (f) Organize public engagement activities to improve civic awareness; and (g) subject to the general supervision and control of the Corporation, discharge such functions as the Corporation may, from time to time, determine by regulations. (2) Any project approved by the zonal committee shall follow such applicable law and procedure. All decisions in the Zonal Committee shall, as far as possible, be arrived at through consensus and where consensus is not possible, the decision shall be taken by the majority of the members present and voting. (3) The Chief Commissioner shall have the power to review and nullify the decisions of the Zonal Committee if it is of the opinion that such decisions are contrary to the provisions of the Act or any other law for the time being in force.
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79. Allocation of Funds
(1) The Zonal Committee shall allocate such amounts out of the budget earmarked for the particular zone to the ward committees for undertaking its functions mentioned under Section 78. (2) Allocation and utilisation of funds to and by the ward committees for maintenance of civic services shall be in the manner prescribed by the Government and the ward committee shall be required to furnish a utilization report to the zonal committee in such time period and such formats as may be prescribed.
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80. Establishment of Standing Committees
(1) There shall be the following Standing Committees for the Corporation,— (a) Standing Committee for taxation and finance and appeals (b) Standing Committee for public health, solid waste and disaster management. (c) Standing Committee for establishment and administrative reforms; (d) Standing Committee for markets. (e) Standing Committee for Ward level Public works, town planning and infrastructure (f) Standing Committee for Education and social justice (g) Standing Committee for Horticulture (h) Standing Committee for Audit and Accounts (2) Each Standing Committee shall consist of fifteen councillors who shall be elected by the Council. (3) Each Standing Committee shall have a chairperson who shall be elected by the members of such standing committee on its first meeting of the corporation after the general elections and at the first meeting in the same month in each succeeding year according to the principle of proportionate representation by means of single transferable vote in such manner as may be prescribed (4) The duration of the Standing Committee shall be one year. (5) The Mayor and Deputy Mayor shall be the ex-officio members of all the standing committees. (6) A person shall cease to be a member of the standing committee if he ceases to be a Corporation member or if he absents himself without the permission of the standing committee for three consecutive meetings of the standing committee. (7) Where a casual vacancy occurs in the membership of a standing committee it shall be filled by the Corporation by the election of another Palike member. The person so elected shall hold office only so long as the person in whose place he is elected would, but for the occurrence of the vacancy, have held. (8) A member of the standing committee may resign his office at any time by notice in writing addressed to the chairman of the standing committee or where there is no Chairman to the Mayor and delivered to the Chairman or as the case may be to the Mayor and such resignation shall take effect from the date on which it is delivered.
Chapter V MAYOR, DEPUTY MAYOR, CHIEF COMMISSIONER, ZONAL
81. Powers and Functions of the Standing Committee
(1) Subject to the provisions of the Act and the rules made thereunder, the powers and functions of the Standing Committee shall be as follows:— (a) The Standing Committee for taxation, finance and appeals shall deal with all matters relating to finance, taxation and appeal and all matters not specifically assigned to any other Standing Committee; (b) The standing committee for public health, Solid waste and disaster management shall deal with all matters relating to public health, waste and disaster management; (c) The Standing Committee on infrastructure shall deal with all matters relating to infrastructure; (d) [Omitted] (e) The Standing Committee for establishment and administrative reforms shall deal with all matters relating to establishment and administrative reforms; and (f) the Standing Committee for Audit and Accounts shall deal with all matters relating to accounts and audit; (g) the Standing Committee for Education shall deal with all matters relating to preprimary, primary, secondary and higher secondary education including physical education and sports and play grounds; (h) the Standing Committee for Social Justice shall deal with all matters relating to securing the social justice to persons belonging to the Scheduled Castes and Scheduled Tribes and other weaker sections of the society and women; (i) the Standing Committee for markets shall deal with all matters relating to the markets; and (j) the Standing Committee for Horticulture shall deal with all matters relating to the Parks. (2) The standing committees shall also have power to,— (i) call for such records as may be required for disposal of day to day business; and (ii) perform such other functions as may be prescribed.
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82. Constitution of the Ward Committee
There shall be a Ward Committee for each Ward of the Corporation.
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83. Composition of the Ward Committee
(1) There shall be a Ward Committee for each ward in the Corporation. (2) The Ward Committee shall consist of the following, namely:— (a) the Councillor of the Corporation representing the Ward, shall be the Chairperson of the Ward Committee; (b) ten other members to be nominated by the Corporation; out of which, there shall be,— (i) at least two members belonging to the Scheduled Castes and the Scheduled Tribes; (ii) at least three women members; and (iii) at least two members representing residents Associations, whatever name called satisfying all conditions mentioned below, namely:— (a) its registered office shall be located within the jurisdiction of that ward; (b) it shall represent majority of residents, or civic groups, or commercial groups or industrial groups; (c) it shall have been actively engaged in its activities for not less than three years; and (d) it shall be a registered Association by whatever name called, comprising of individuals who serve in a fiduciary capacity; Provided that, half of the persons to be nominated to the Ward Committee shall be women and at least one fourth of the members nominated to the Ward Committee shall belong to Scheduled Castes and/ or Scheduled Tribes. (3) All Area Sabha representatives falling within the jurisdiction of the ward shall be invitees to the meetings of the Ward Committee but shall not have the right to vote. (4) A person shall be disqualified for being nominated as a member of the Ward Committee or to continue as such member, if under the provisions of the Act, for the time being in force, he would be disqualified for being elected as a Councillor of a Corporation. (5) The term of office of the Ward Committee shall be co-terminus with the term of office of the Corporation. (2) The said sum, if not paid, or if an application has been made to the court or to the Government against the decision of the auditor as provided in this Act such sum as the court or the Government shall declare to be due, shall be recoverable, on an application made by the Chief Commissioner to the court, in the same manner as an amount decreed by the court in favour of the Chief Commissioner.
Chapter V MAYOR, DEPUTY MAYOR, CHIEF COMMISSIONER, ZONAL
84. Procedure for nomination as a member of the Ward Committee
The Chief Commissioner or an officer authorized by the Chief Commissioner shall, within thirty days of the completion of the Corporation election shall nominate members to the wards committee.
Chapter V MAYOR, DEPUTY MAYOR, CHIEF COMMISSIONER, ZONAL
85. Meeting of the Ward Committee
(1)The Ward Committee shall meet at least once in a month for discharging the duties and performing the functions as are assigned to it under the Act, from time to time. (2) An officer of appropriate rank shall be designated by the Zonal Commissioner of the respective zone to act as Secretary for each Ward Committee, who shall also be a member of the ward committee, to provide administrative assistance to it. (3) All minutes of the proceedings of the meeting of the Ward Committee shall be recorded by the Secretary and a copy of the same shall be forwarded to the Corporation. (4) The meeting of the Ward Committee shall be convened by the Secretary of the Ward Committee in consultation with Chairperson. (5) No meeting of the ward committee shall be held on a public holiday and on the day on which a meeting of the Corporation is scheduled to be held. (6) No meeting shall be held unless notice of the day and time when the meeting is to be held and of the agenda has been given at least five days before the day of the meeting. (7) The quorum for the meetings shall be one third of members. (8) Decisions of the Ward Committee shall normally be taken on the basis of simple majority. (9) No act or proceedings undertaken under this Act by the Ward Committee shall be invalid merely on the ground of any vacancy in it. (10) The Zonal Commissioner or his nominee, shall be entitled to take part in the meetings and deliberations of the Ward Committee but shall not have the right to vote. (11) The Chairperson of the Ward Committee may request the representatives of concerned departments of the Corporation as special invitees to participate in the meetings. (12) The Chairperson, or in her absence, a member chosen, by the members present, from among themselves, shall preside over the meeting. (13) The manner of conduct of business at the meetings of the Ward Committee shall be such as may be prescribed.
Chapter V MAYOR, DEPUTY MAYOR, CHIEF COMMISSIONER, ZONAL
86. Functions of the Ward Committee
(1) The Ward Committee shall discharge the following functions, namely:- (a) prepare and submit Ward Development Scheme to the corporation for allotment of funds; (b) prepare and submit annual Ward Development Plan, drawn up in accordance with the plans prepared by the Bengaluru Metropolitan Planning Committee and the Corporation, in the form of a priority list specifying the projects and schemes proposed to be implemented in the following financial year for allotment of funds and ensure proper utilization of the funds allotted under ward development plan in the ward; (c) call for an annual general meeting of the Ward Sabha consisting of all persons registered as voters in the Ward for providing inputs for the formulation of the Annual Ward Development Plan, giving due publicity and notice for the same to ensure maximum participation in the Ward. (d) call for any general meeting to discuss any issue which requires decision making by popular participation (e) invite applications for the selection of beneficiaries and prepare the draft priority list after making enquiry on the applications received in this behalf and send it for the consideration of the Area Sabha concerned, and prepare the final list based on the inputs of the Area Sabha for submission to the Zonal Committee; (f) ensure proper utilization of the funds allotted under ward development scheme in the ward. (g) approve the list of beneficiaries for beneficiary oriented schemes of the Corporation submitted by Area Sabhas falling under that ward; (h) scrutinize list of ineligible beneficiaries submitted by the Area Sabhas and submit it to the Corporation; (i) supervise all programmes and schemes being implemented by the Corporation in the ward; (j) ensure timely collection of taxes, fees and other sums due to the Corporation; (k) ensure water supply maintenance in the ward and finalize location of new public taps and public wells; (l) ensure sewerage system maintenance in the ward; (m) ensure proper solid waste management and sanitation work in the ward and finalize location of new public sanitation units; (n) ensure maintenance of street lighting in the ward and finalize location of new street lights; (o) ensure maintenance of parks, open spaces, greening of area in the ward; (l) ensure afforestation, and implementation of rain water harvesting schemes; (p) mobilize voluntary labour and donation by way of goods or money for implementation of Ward Development Scheme and various programmes and schemes of Corporation; (q) inform the Corporation regarding any encroachment of land belonging to the Corporation; (r) to display ward budget and current undergoing projects to public notice; and (s) perform such other functions as may be assigned to it by the Corporation as per its bye-laws. (2) The procedure to be adopted by the Ward Committee in the transaction of its business shall be such as may be prescribed. (3) The Corporation shall provide an office space and secretarial staff for the working of the Ward Committee (4) The recommendations of the ward committee shall be advisory in nature. (1) (a)... (d) call for any general meeting to discuss any issue which requires decision making by popular participation (e) invite applications for the selection of beneficiaries and prepare the draft priority list after making enquiry on the applications received in this behalf and send it for the consideration of the Area Sabha concerned, and prepare the final list based on the inputs of the Area Sabha for submission to the Zonal Committee; (f) ensure proper utilization of the funds allotted under ward development scheme in the ward. (g) approve the list of beneficiaries for beneficiary oriented schemes of the Corporation submitted by Area Sabhas falling under that ward; (h) scrutinize list of ineligible beneficiaries submitted by the Area Sabhas and submit it to the Corporation; (i) supervise all programmes and schemes being implemented by the Corporation in the ward; (j) ensure timely collection of taxes, fees and other sums due to the Corporation; (k) ensure water supply maintenance in the ward and finalize location of new public taps and public wells; (l) ensure sewerage system maintenance in the ward; (m) ensure proper solid waste management and sanitation work in the ward and finalize location of new public sanitation units; (n) ensure maintenance of street lighting in the ward and finalize location of new street lights; (o) ensure maintenance of parks, open spaces, greening of area in the ward; (l) ensure afforestation, and implementation of rain water harvesting schemes; (p) mobilize voluntary labour and donation by way of goods or money for implementation of Ward Development Scheme and various programmes and schemes of Corporation; (q) inform the Corporation regarding any encroachment of land belonging to the Corporation; (r) to display ward budget and current undergoing projects to public notice; and (s) perform such other functions as may be assigned to it by the Corporation as per its bye-laws. (2) The procedure to be adopted by the Ward Committee in the transaction of its business shall be such as may be prescribed. (3) The Corporation shall provide an office space and secretarial staff for the working of the Ward Committee (4) The recommendations of the ward committee shall be advisory in nature.
Chapter V MAYOR, DEPUTY MAYOR, CHIEF COMMISSIONER, ZONAL
87. Allocation of Funds
(1)The Zonal Committee shall allocate such amounts out of the budget earmarked for the particular zone to the ward committees for maintenance of services like water supply, sanitation, drains, street lights, parks, markets among others in the ward. (2) Allocation and utilisation of funds to and by the ward committees for maintenance of civic services shall be in the manner prescribed by the Government and the ward committee shall be required to furnish a utilization report to the zonal committee in such time period and such formats as may be prescribed.
Chapter V MAYOR, DEPUTY MAYOR, CHIEF COMMISSIONER, ZONAL
88. Appointment of sub-committees
The Ward Committee may, from time to time, appoint sub committees as it may think fit and may refer to such sub-committees for opinion or enquiry on any matter relating to the functions entrusted to the Ward Committee.
Chapter V MAYOR, DEPUTY MAYOR, CHIEF COMMISSIONER, ZONAL
89. Determination of Areas
The Government shall, by order, determine ,– (a) the areas into which each ward shall be divided; and (b) as far as possible, the territories representing two or more but not exceeding five contiguous polling stations may be determined as an area.
Chapter V MAYOR, DEPUTY MAYOR, CHIEF COMMISSIONER, ZONAL
90. Constitution of Area Sabhas
(1) Each ward shall be divided into such number of areas and there shall be an Area Sabha for each such area. (2) All persons who are registered as voters in an area shall be members of that Area Sabha.
Chapter V MAYOR, DEPUTY MAYOR, CHIEF COMMISSIONER, ZONAL
91. Representatives of the Area Sabha
(1) There shall be an Area Sabha Representative for each area to be nominated by the Zonal Committees from the representatives of the civil society in the manner as may be prescribed. (2) The qualifications and disqualifications prescribed for getting elected as member of Corporation and for holding the office as Member of Corporation under the relevant provisions of the Act shall apply mutatis mutandis for the representative of the Area Sabha. (3) The Area Sabha representative shall be a member of that Area Sabha. (4) The term of the representative of the Area Sabha shall be ordinarily co-terminus with that of the Corporation.
Chapter V MAYOR, DEPUTY MAYOR, CHIEF COMMISSIONER, ZONAL
92. Meetings of the Area Sabha
(1) The Area Sabha shall meet at least once in a month. (2) The Area Sabha Representative shall preside over the meeting of the Area Sabha. (3) An officer of appropriate rank shall be designated by the Zonal Commissioner to act as a nodal officer for each Area Sabha and who shall provide all administrative assistance to the Area Sabha Representative in conducting meetings of the Area Sabha. (4) The nodal officer shall be the convener of the Area Sabha meetings and shall convene the meeting in consultation with the Area Sabha Representative. (5) All minutes of the proceedings of the meeting shall be recorded by the nodal officer and a copy of the same shall be forwarded by him to the Ward Committee. (6) All decisions in the Area Sabha shall be as far as possible be arrived at through a consensus of all the members present. Where consensus is not possible, the decision shall be taken by the majority of the members present.
Chapter V MAYOR, DEPUTY MAYOR, CHIEF COMMISSIONER, ZONAL
93. Functions of the Area Sabha
An Area Sabha shall perform and discharge the following functions and duties, namely, – (a) to generate proposals and determine the priority of schemes and development programmes to be implemented in the Area Sabha and forward the same to Ward Committee for inclusion in the development plan of the Ward Committee; (b) to identify the most eligible persons for beneficiary-oriented schemes on the basis of criteria fixed by the Government and prepare the list of beneficiaries in order of priority and forward the same to Ward Committee for inclusion in the development plan of the Ward Committee; (c) to verify the eligibility of persons getting various kinds of welfare assistance from Government such as pensions and subsidies; (d) to get information from the officials concerned as to the services they will render and the works proposed to be executed in the area in the upcoming quarter after the meeting of the Ward Committee; (e) to seek information from the Ward Committee of follow up action taken on the decisions concerning the jurisdiction of the area; (f) to identify the deficiencies in water supply, street lighting and sanitation arrangements in the jurisdiction of the Area Sabha and to suggest the remedial measures to the Ward Committee; (g) to suggest the location of street lights, public taps, public wells, public toilets to the Ward Committee; and (h) to assist in the activities of public health centres in the area; and to perform such other functions as may be prescribed.
Chapter V MAYOR, DEPUTY MAYOR, CHIEF COMMISSIONER, ZONAL
94. Power of councillors
(1) Any councillor may draw the attention of the proper authority to any neglect in the execution of corporation work, to any waste of corporation property or to the wants of any locality, and may suggest any improvements which he considers desirable. (2) Every councillor shall have the right to interpellate on matters connected with the corporation administration subject to the regulations framed in this behalf. (3) The Corporation member shall have the right to represent the interests of the ward from which he is elected in the Corporation and may draw the attention of the Mayor to the proposals and resolutions made by the Ward Committee of which he is the Chairperson.
Chapter V MAYOR, DEPUTY MAYOR, CHIEF COMMISSIONER, ZONAL
95. Honorarium for Corporation members
(1) From out of the Corporation funds such honoraria, fees or allowances as may be determined by the Government may be paid to the Corporation members. (2) Notwithstanding anything contained in this Act the receipt by any person of honorarium, fee or allowance as Corporation member as aforesaid shall not disqualify him for being elected as or for being a Corporation member.
Chapter V MAYOR, DEPUTY MAYOR, CHIEF COMMISSIONER, ZONAL
96. Appeal to the Election of Mayor, Deputy Mayor etc
(1) Any person aggrieved by the decision of the Regional Commissioner or the Chief Commissioner with respect to election to the office of the Mayor, Deputy Mayor, Members and Chairperson of the standing committees may appeal against such decisions to the Karnataka Appellate Tribunal within thirty days from the date of communication of such decision. (2) No suit shall be entertained by a civil court in respect of any matter relating to the election, appointment or removal of the Mayor, Deputy Mayor, Members and Chairperson the Mayor or Deputy Mayor, members and chairman of the standing committees unless such suit is authorised by the provisions of this Act or any rule made under this Act.
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