The Greater Bengaluru Governance Act, 2024
Chapter IX POWERS, FUNCTIONS AND PROCEDURES OF THE CITY CORPORATION AND COMMITTEES
Chapter IX POWERS, FUNCTIONS AND PROCEDURES OF THE CITY CORPORATION AND COMMITTEES
110. General powers of the City Corporation
(1) Subject to the AND COMMITTEES provisions of this Act and the rules, regulations and bye-laws made thereunder the municipal governance of the areas within the jurisdiction shall vest in the City Corporation.
- (2) Without prejudice to the generality of the provisions of sub-section (1), it shall be the duty of the City Corporation to exercise such powers, perform such functions and discharge such duties prescribed by and under this Act.
Chapter IX POWERS, FUNCTIONS AND PROCEDURES OF THE CITY CORPORATION AND COMMITTEES
111. Powers and Functions of the City Corporation
Corporation shall have the power and responsibility to prepare and implement schemes for urban development and social justice in relation to the matters enumerated in the First Schedule, subject to the provisions of this Act and the provisions of the other Acts, rules and such other provisions as may be prescribed in this behalf: Provided that, it shall be the duty of the City Corporation to render
- (2) The City Corporation shall have such powers, authority and responsibilities, as prescribed, to enable it to function as an institution of self- government in respect of the matters entrusted to it.
- (3) The annual budget allocation, in respect of the subjects provided in the First Schedule, by the Government shall be wholly allotted to the City Corporation.
- (4) The City Corporation shall manage institutions and administer the schemes allocated to it, subject to the guidelines and technical directions from the Government and in accordance with the State and National policies.
- (5) Where any development scheme, project or plan involves selection of beneficiaries, the criterion for the eligibility and priority for such selection shall be determined by the City Corporation subject to the terms and conditions of such scheme, project or plan and such criteria shall be published in the prescribed manner and shall be intimated to the Ward Committee concerned.
Chapter IX POWERS, FUNCTIONS AND PROCEDURES OF THE CITY CORPORATION AND COMMITTEES
112. Additional Functions assigned by the Government
Corporation may, subject to the underwriting of the costs by, and approval of, the Central Government or the State Government, as the case may be, undertake any function belonging to the functional domain of the Central Government or the State Government as the case may be, and such functions may include primary education, curative health, urban transport, supply of energy, fire prevention and fire safety and urban poverty alleviation.
- (2) The City Corporation may also, subject to the orders of the State Government, undertake such or all functions related to,–
- (a) Urban development including development of commercial infrastructure;
- (b) Public welfare including community relations; and
- (c) Such other functions as may be assigned.
Chapter IX POWERS, FUNCTIONS AND PROCEDURES OF THE CITY CORPORATION AND COMMITTEES
113. First charge on City Corporation Fund
(1)The core functions of the City Corporation shall constitute the first charge on the City Corporation fund.
- (2) Subject to the satisfactory performance of the core functions and the availability of City Corporation funds, the City Corporation shall undertake or perform, or promote the performance of any of the general functions or sector-wise functions referred in the First Schedule.
Chapter IX POWERS, FUNCTIONS AND PROCEDURES OF THE CITY CORPORATION AND COMMITTEES
114. Proceedings of the City Corporation and Standing Committees.
- (1) The first meeting of the City Corporation after the general election shall be held as early as possible after the publication of the results of such election and shall be convened by the Commissioner. It shall be presided over by the Chief Commissioner, Greater Bengaluru Authority.
- (2) The meetings of the City Corporation and the Standing Committees shall be held in the office of the City Corporation and the business before them shall be disposed of in accordance with the prescribed procedure. Notices of such meetings shall be issued by the council secretary who in the case of meetings of the City Corporation shall do so in consultation with the Mayor and the Commissioner and in the case of meetings of a Standing Committee in consultation with the chairman of such committee and the Commissioner. Every notice shall specify the agenda for the meeting. Ordinarily no subject not included in the agenda shall be taken up at the meeting except matters considered urgent by the Mayor or the Chairperson who may be considered if supplementary agenda in respect thereof has been circulated among the Councillors or members before the meeting.
- (3) The City Corporation may require any of its officers to attend any meeting of the City Corporation at which any matter dealt with by such officer in the course of his duties is being discussed when any officer is thus required to attend any such meeting he may be called upon to make a statement of facts or supply such information in his possession relating to any matter dealt with by him as the City Corporation may require.
Chapter IX POWERS, FUNCTIONS AND PROCEDURES OF THE CITY CORPORATION AND COMMITTEES
115. Obligation on remaining City Corporation authorities to carry out resolutions of the City Corporation
out resolutions of the City Corporation. – The Commissioner shall be bound to give effect to every resolution of the City Corporation unless such resolution is cancelled in whole or in part by the Government: Provided that, if, in the opinion of the Commissioner any resolution of the City Corporation or a committee constituted under this Act contravenes any provision of this Act or any other law or of any rule, notification, regulation or bye-law made or issued under this Act or any other law, or is prejudicial to the interests of the City Corporation he shall, with in forty five days of the passing of the resolution, refer the matter to the Government for orders and inform the City Corporation or the committee, as the case may be, of the action taken by him at its next meeting and until the orders of the Government on such reference are received, the Commissioner shall not be bound to give effect to the resolution.
Chapter IX POWERS, FUNCTIONS AND PROCEDURES OF THE CITY CORPORATION AND COMMITTEES
116. The City Corporation may call for extracts from proceedings, etc., from the Standing Committee, etc
etc., from the Standing Committee, etc.- The City Corporation may at any time call for any extract from any proceedings of any committee constituted under this Act, and any return, statement, account or report concerning or connected with any matter with which any such committee is empowered by or under this Act to deal; and every such requisition shall be complied with by the committee without unreasonable delay.
Chapter IX POWERS, FUNCTIONS AND PROCEDURES OF THE CITY CORPORATION AND COMMITTEES
117. Proceedings of the City Corporation, etc., not vitiated by disqualification, etc., of members thereof
disqualification, etc., of members thereof. – (1) No act done or proceeding taken under this Act shall be questioned merely on the ground, -
- (a) of any vacancy or defect in the constitution of the City Corporation or of any Standing Committee; or
- (b) of any defect or irregularity in such act or proceeding, not affecting the merits of the case.
- (2) No disqualification of or defect in the election or appointment of any person acting as a Councillor, Mayor or the Deputy Mayor or as the chairman or a member of any Standing Committee appointed under this Act shall be deemed to vitiate any act or proceedings of the City Corporation or of any such Standing Committee in which such person has taken part provided that the majority of the persons who were parties to such act or proceedings were entitled to act.
Chapter IX POWERS, FUNCTIONS AND PROCEDURES OF THE CITY CORPORATION AND COMMITTEES
118. Record of proceedings.
Proceeding of the meetings of the City Corporation and the Standing Committees shall be recorded by the council secretary and shall be placed before the next meeting for confirmation.
Chapter IX POWERS, FUNCTIONS AND PROCEDURES OF THE CITY CORPORATION AND COMMITTEES
119. Proceedings of meetings to be good and valid until contrary is proved
proved. - Until the contrary is proved, every meeting of the City Corporation or of a Standing Committee in respect of the proceedings whereof a minute has been made and signed in accordance with this Act or the rules shall be deemed to have been duly convened and held and to be free from all defects and irregularities, and all the members of the meeting shall be deemed to have been duly qualified; and where the proceedings are proceedings of a Standing Committee such Standing Committee shall be deemed to have been duly constituted and to have had power to deal with the matters referred to in the minute.
Chapter IX POWERS, FUNCTIONS AND PROCEDURES OF THE CITY CORPORATION AND COMMITTEES
120. The Commissioner's right to attend and take part in discussion but not to move resolution or to vote
but not to move resolution or to vote. – (1) The Commissioner shall have the right to attend the meetings of the City Corporation and of any Standing Committee and to take part in the discussion but shall not have the right to move any resolution or to vote.
- (2) He shall attend any meeting of the City Corporation or of a Standing
Chapter IX POWERS, FUNCTIONS AND PROCEDURES OF THE CITY CORPORATION AND COMMITTEES
121. The Councillors to refrain from taking part in discussion and voting on questions in which they have pecuniary interest
The Councillors to refrain from taking part in discussion and voting on questions in which they have pecuniary interest.- (1)No Councillor shall vote on or take part in the discussion of, any question coming up for consideration at a meeting of the City Corporation or any Standing Committee, if the question is one in which apart from its general application to the public he has any direct or indirect pecuniary interest by himself or his partner.
- (2) The Mayor may prohibit any Councillor from voting on or partaking in the discussion of, any matter in which the Councillor is believed to have such interest or he may require the Councillor to absent himself during the discussion.
- (3) Such Councillor may challenge the decision of the Mayor, who shall thereupon put the question to vote and the decision of the meeting shall be final.
- (4) If the Mayor or Chairperson is alleged by any Councillor present at the meeting to have any such interest in any matter under discussion, he may, on the motion of such Councillor if carried, be required to absent himself from the meeting during the discussion.
- (5) The Councillor concerned shall not be entitled to vote on the question referred to in sub-section (3) and the Mayor or Chairperson concerned shall not be entitled to vote on the motion referred to in sub-section (4).
Chapter IX POWERS, FUNCTIONS AND PROCEDURES OF THE CITY CORPORATION AND COMMITTEES
122. Submission of administration report
(1)As soon as may be after the first day of April in every year and not later than such date as may be fixed by the Greater Bengaluru Authority the City Corporation shall submit to the Greater Bengaluru Authority and a copy thereof to the Government, a detailed report of the administration during the preceding year in such form as the Greater Bengaluru Authority may direct.
- (2) The Commissioner shall prepare such report and the City Corporation shall consider the report and forward the same to the Greater Bengaluru Authority and its copy to the Government, with its resolutions there on, if any.
- (3) Copies of the administration report shall be kept for sale at the City Corporation office.
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