Chapter XI POWER OF THE GOVERNMENT

(1) The Government, in consultation with Greater Bengaluru Authority, may at any time require the City Corporation or the Commissioner,-

1. (a) to produce any record, proceedings, correspondence, plan, or other document;
2. (b) to furnish any return, plan, estimate, statement, account or statistics relating to the proceedings, duties or works of the City Corporation or any of the City Corporation authority; and
3. (c) to furnish or obtain and furnish, any report.

1. (2) Any officer of the Government authorized by the Government or the Commissioner, respectively, shall have power,-
   • (a) to enter on, and inspect, or cause to be entered on and inspect any immovable property occupied by the City Corporation or any institution under its control or management or any work in progress under it or in its direction;
   • (b) to call for any extract from a proceeding of the City Corporation or of any committee or from any book or document in the possession of, or under the control of City Corporation; and
   • (c) to require the City Corporation to take into consideration any objection which appears to him to exist, to the doing of anything which is about to be done or is being done by such City Corporation or, any information which he is able to furnish and which appears to him to necessitate the doing of a certain thing by City Corporation and to make a written reply to him within a reasonable time, stating its reasons for not desisting from doing or not doing such thing.
2. (3) The City Corporation and every City Corporation authority and all City Corporation officers and other City Corporation employees shall be bound to afford the officer authorized under sub-section (2) access at all reasonable time to the premises and properties of the City Corporation and to all records, accounts and other documents, the inspection of which he may consider necessary to enable him to discharge his duties.
3. (4) The officer authorized under sub-section (2) may, after such inspection, make a report to the Government.

pending un-disposed of before the City Corporation.- (1) The Government, in consultation with Greater Bengaluru Authority, may at anytime call from the Commissioner the records relating to the business pending before the City Corporation and on receipt of such records, it may examine the same.

1. (2) If on such examination and after such enquiry as it thinks necessary, it is found that in respect of any matter which is pending before the City Corporation for more than three months from the date on which any such matter was brought before the City Corporation or is pending before a Standing Committee for more than sixty days after it was placed before it, urgent decision is necessary in the interest of administration of the City Corporation, then the Government may, notwithstanding anything in this Act,-
   • (i) after giving the City Corporation notice of not less than fifteen days, pass such orders with reference to such matter as it considers necessary; or
   • (ii) direct that the matter pending before the Standing Committee shall be deemed to be referred to the City Corporation and be disposed of on that basis: Provided that, no such notice shall be necessary in respect of any matter pending before the City Corporation which is of public importance and the decision of the Government whether the matter is of public importance or not, shall be final.
2. (3) Every order passed by the Government under this section shall be communicated to the Commissioner who shall give effect to such order expeditiously as if such order is a resolution of the City Corporation.

If, on receipt of any information or report obtained or otherwise the Government is of the opinion,- (a) that any duty imposed on any City Corporation authority by or under this Act has not been performed or has been performed in an imperfect, inefficient or unsuitable manner; or (b) that adequate financial provision has not been made for the performance of any such duty, the Government may, in consultation with Greater Bengaluru Authority, after giving notice of not less than fifteen days, by order, direct the City Corporation or the Commissioner within a period to be specified in the order, to make arrangements to their satisfaction for the proper performance of the duty, or to make financial provision to its satisfaction for the performance of the duty, as the case may be, and the City Corporation or the Commissioner shall comply with such orders:

1. (a) that any duty imposed on any City Corporation authority by or under this Act has not been performed or has been performed in an imperfect, inefficient or unsuitable manner; or
2. (b) that adequate financial provision has not been made for the performance of any such duty, the Government may, in consultation with Greater Bengaluru Authority, after giving notice of not less than fifteen days, by order, direct the City Corporation or the Commissioner within a period to be specified in the order, to make arrangements to their satisfaction for the proper performance of the duty, or to make financial provision to its satisfaction for the performance of the duty, as the case may be, and the City Corporation or the Commissioner shall comply with such orders:

Power to appoint an officer to take action in default, at the expense of the City Corporation.- (1) If within the period fixed by an order issued any action directed under that section has not been duly taken, the Government may, by order,-

1. (a) appoint an officer of the Government to take the action so directed;
2. (b) fix the remuneration to be paid to him; and
3. (c) direct that, such remuneration and the cost of taking such action shall be defrayed out of the City Corporation fund, and if necessary, that any one or more of the taxes authorized shall be levied or increased but not so as to exceed any maximum laid down in this Act.

1. (2) For the purpose of taking action directed as aforesaid, the officer appointed under sub-section (1) shall have power to make such contracts as

may be necessary and may exercise any of the powers conferred on any City

Corporation authority by or under this Act and specified in this behalf in the order issued under sub-section (1), and shall be entitled to protection under this Act as if he were a City Corporation authority.

1. (3) The Government may, in addition to or instead of directing the levy or increase of any of the said taxes, direct by notification that any sum or money which may in their opinion be required for giving effect to their orders may be borrowed by debenture and on the security of all or any of the said taxes at such rate of interest and upon such terms as to the time of repayment and otherwise as may be specified in the notification.

(1) The Commissioner shall submit to the Government copies of all resolutions of the City Corporation.

1. (2) If the Government is of the opinion that the execution of any

excess of the powers conferred by this Act or of any other law for the time being in force or is likely to lead to breach of the peace or to cause injury or annoyance to the public or to any class or body of persons or is prejudicial to the interest of the City Corporation, it may by order in writing, suspend the execution of such resolution or order, or prohibit the doing of any such act after issuing a notice to the City Corporation to show cause within the date to be specified which shall not to be less than fifteen days why,-

1. (a) the resolution or order may not be cancelled in whole or in part, or
2. (b) any bye-law or regulation concerned may not be repealed in whole or in part.

1. (3) Upon consideration of the reply, if any, received from the City Corporation and after such enquiry as it thinks fit, the Government may pass orders cancelling the resolution or order or repealing the bye-law or regulation and communicate the same to the City Corporation.
2. (4) The Government may at any time, on further representation by the City

Power of the Government to dissolve the City Corporation.- (1) If in the opinion of the Government or in public interest, a City Corporation is not competent to perform or make default in the performance of any of the duties imposed on it or undertaken by it, by or under this Act or any other law for the time being in force or exceeds or abuses its powers or fails to carry out the directions or orders given or is acting in a manner prejudicial to the interests of the City Corporation, the Government may, by an order published, together with a statement of the reasons therefor, in the official Gazette, declare the City Corporation to be incompetent or in default or to have exceeded or abused its powers, or to have failed to carry out the directions given to it, or to have acted in a manner prejudicial to the interests of the City Corporation, as the case may be, and may dissolve it: Provided that before making an order of dissolution as aforesaid reasonable opportunity shall be given to the City Corporation to show cause why such order should not be made.

1. (2) When the City Corporation is dissolved by an order under sub-section (1), the following consequences shall ensure,-
   • (a) all the Councillors of the City Corporation shall, on such date as may be specified in the order, cease to hold office as such Councillors without prejudice to their eligibility for election;
   • (b) during the period of dissolution of the City Corporation, all powers and duties conferred and imposed upon the City Corporation and the Standing Committees of the City Corporation by or under this Act or any other law shall be exercised and performed by Chief Commissioner appointed by the Government in that behalf; and
   • (c) all property vested in the City Corporation shall, until it is reconstituted, vest in the Government.
2. (3) During the period of dissolution of the City Corporation, references in any enactment or law for the time being in force to the Mayor of the City Corporation shall be construed as references to the Chief Commissioner, Greater Bengaluru Authority.
3. (4) During the period of dissolution of the City Corporation, the Chief Commissioner, Greater Bengaluru Authority shall, in the discharge of his functions, be guided by such directions in matters of policy involving the City Corporations public interest as the Government may by order specify, and if any question arises whether a direction relates to a matter of policy involving public interest the decision of the Government shall be final.
4. (5) When the City Corporation is dissolved it shall be reconstituted in the manner provided under this Act before the end of six months from the date of such dissolution: Provided that where the remainder of the period for which the dissolved City Corporation would have continued is less than six months it shall not be necessary to hold an election under this section for constituting a City Corporation for such period.
5. (6) A City Corporation constituted upon the dissolution before the expiration of its duration shall continue only for the remainder of the period for which the dissolved City Corporation would have continued had it not been so dissolved.
6. (7) An order of dissolution of the City Corporation under sub-section (1) together with a statement of the reasons there for shall be laid before both

Appointment of City Corporation Administrator.- (1)An election to constitute the City Corporation shall be completed before the expiration of a period of six months from the date of its dissolution.

1. (2) When the City Corporation is dissolved, the Government shall, by notification, appoint an administrator, for such period as may be specified in the notification and may, by the said notification, either curtail or extend the period of such appointment, as may be necessary.
2. (3) Notwithstanding anything contained in this Act, on the appointment of an Administrator under this section, during the period of such appointment, the City Corporation and all authorities working under the City Corporation charged with carrying out the provisions of this Act and rules made thereunder or any other law for time being in force, shall cease to exercise any powers and perform and discharge any duties or functions conferred or imposed on them by or under this Act and rules made thereunder or any other law for time being in force and all such powers shall be exercised and all such duties and functions shall be performed and discharged by the Administrator or by other officers authorized by the Administrator.
3. (4) The Administrator appointed under this Act shall be paid out of the City Corporation funds such monthly salary and allowances as Government may from time to time, by order, determine and the City Corporation shall make such contribution towards the leave allowances, pension and provident fund of the officer as may be required by the conditions of service under the Government, to be paid by him or for him, as the case may be.
4. (5) From the date of dissolution of the City Corporation, the Administrator shall in the discharge of his functions be guided by such directions in matters of policy involving public interest as the Government may by order specify; and if any question arises whether a direction relates to a matter of policy involving public interest, the decision of the Government shall be final.

(1)The Government may establish a performance management system to improve the effectiveness of its officers and for the overall improvement of the management of the City Corporation and also establish mechanisms to monitor and review its performance.

1. (2) The Government may help the City Corporation in developing the performance management system for the City Corporation and submit the proposed system to the City Corporation for adoption.
2. (3) The performance management system of the City Corporation shall,-
   • (a) set appropriate key performance indicators as a yardstick for measuring performance, including outcomes and impact, with regard to the City Corporations development priorities and objectives;
   • (b) set measurable performance targets with regard to each of those development priorities and objectives;
   • (c) measure and review the actual performance against the set performance indicators and targets;
   • (d) take steps to improve performance with regard to those development priorities and objectives where performance targets are not met; and
   • (e) establish a process of regular reporting to the Mayor, the Commissioner, or the Joint Commissioner of the Zone as the case may be.
3. (4) The City Corporation shall publish the performance indicators in public domain and ensure its integration for the purposes of promotion of any of its officers. CHAPTER-XII PROPERTY OF THE CITY CORPORATION