Chapter XXIV RULES, REGULATIONS AND BYE-LAWS

The State Government may make rules or orders generally for the purpose of carrying into effect the provisions of this Act or any other Act that assigns functions or responsibilities to the City Corporation or the Greater Bengaluru Authority and prescribe forms for any proceeding for which it considers necessary.

1. (2) In particular, and without prejudice to the generality of the foregoing power, the State Government shall make rules, with previous publication for,-
   • (a) prescribing the manner of determination of wards and their territorial jurisdiction.
   • (b) prescribing the manner of allotment of seats reserved for members of Scheduled Castes, Scheduled Tribes, the Backward Classes or for women and for rotation of reservation.
   • (c) all matters relating to the preparation, revision, modification, updating and publication of electoral rolls;
   • (d) prescribing particulars which shall contain in the notice given for withdrawal of candidature from election on more than one seat;
   • (e) prescribing the manner in which votes shall be given in an election and the manner in which votes shall he given and recorded by the voting machines;
   • (f) all matters relating to presentation of an election petition, procedure to be followed and powers to be exercised by the District Judge in disposing the election petition;
   • (g) prescribing the terms and conditions on which and the charges or premium subject to the payment of which, the land deemed to have been placed at the disposal of the City Corporation either granted or regularized to the City Corporation under any law for the time being in force;
   • (h) regulating the sale or disposal of immovable property and land;
     • (i) prescribing the manner of preparing and maintaining records of urban land situated in the municipal limits;
   • (j) prescribing the form of warrant for attachment and sale of property of the defaulter and for prescribing the manner in which the attached property may be sold;
   • (k) prescribing the manner in which repaying capacity of a City Corporation shall be ascertained for the purpose of granting loan or giving grantee for a loan raised by the City Corporation; and
   • (l) prescribing rates of the conversion charges for change of use of land and the manner in which objections shall be invited and heard with respects to change of use of land.
2. (3) If, in respect of any of the matters specified in this chapter, the Corporation has failed to make any bye-laws or if the bye-laws made by it are not, in its opinion adequate, the Government may make rules providing for such matters to such extent as it may think fit. The rules made under this sub- section, may add to, alter, or cancel any byelaw made by the Corporation: Provided that before making any rule under this sub-section, the Government shall give the Corporation an opportunity of showing cause against the making thereof.
3. (4) All rules and orders made by the State Government under this section shall come into effect on or from the date of their publication in the Official Gazette.
4. (5) All rules made after the commencement of this Act shall be laid, as soon as may be, after they are so made before the House of the State Legislature, while it is in session, for a period not less than fourteen days which may be comprised in one session or in two successive sessions and, if before the expiry of the session in which they are so laid or of the session immediately following, the House of the State Legislature makes any modification in any of such rules or resolves that any such rule should not be made, such rules shall, thereafter, have effect only in such modified form or be of no effect, as the case may be so however that any such modification or annulment shall be without prejudice to the validity of anything previously done there under.

The Greater Bengaluru Authority and the City Corporations, in their respective spheres, for the purpose of carrying into effect the functions assigned to them under this Act or any other Act, may make regulations with the prior approval of the Government, not inconsistent with the Act and rules made there under for specifying,-

1. (a) the procedure for conducting the business of the meeting of the Greater Bengaluru Authority or the City Corporation,
2. (b) the manner, of putting question by a member and of moving resolutions on the matters connected with the administration of the Greater Bengaluru Authority or the City Corporation;
3. (c) the manner of making and considering the motion expressing no confidence in the Mayor;
4. (d) the powers, duties and functions, and the procedure for conducting the meetings, of the committees constituted;
5. (e) the heads of accounts and manner and form in which accounts shall be kept;
6. (f) the manner in which payments from Greater Bengaluru Authority or the City Corporation funds shall be made;
7. (g) the procedure for transfer of surplus money from one head to another head and with regard to all matter relating to preparation, presentation, adoption of budget estimates, preparation and maintenance of accounts and balance sheet etc;
8. (h) the rate, date, and manner for imposing and levying the taxes;
   • (i) the manner in which internal audit of the day-to-day accounts of the Greater Bengaluru Authority or the City Corporation may be carried out;
9. (j) the form in which return shall be furnished by the khatadar or occupier on the requisition of the assessor;
10. (k) the types of private sector participation agreements service provider agreements for the purpose of this Act;
11. (l) the chapters, material and schemes to be incorporated in the Master Plan and Strategic Spatial Plan; and
12. (m) the manner and the time in which water harvesting structure shall be provided in the buildings owned or occupied by the Government or statutory body or a company or an institution owned or controlled by the Government.

and adoption of such bye-laws by City Corporations.- (1) In respect of any of the matters specified in this Act the Greater Bengaluru Authority may, after previous publication of the draft for not less than one month, make common model bye-laws for all City Corporations.

1. (2) A City Corporation may by resolution adopt the model bye- laws in respect of any matter, and such bye-laws shall come into force in such Corporation area from such date as the council may specify in a notice published in the specified manner.
2. (3) If a City Corporation proposes to adopt the model bye-laws in respect

of any matter subject to any modifications, the procedure specified under this

Act shall be followed as if the same were the bye-laws proposed to be made by the council. Thereupon the model bye-laws shall, subject to such modifications, come into force from such date as may be specified by the council and where no date is specified then from the date of their publication.

1. (4) (a) The Grater Bengaluru Authority may by order direct any City Corporation to adopt the model bye-laws in respect of any matter, within such period not being less than three months from the date of receipt of the

direction by the municipal council.

1. (b) If the City Corporation fails to take any action for adopting the model bye-laws with or without modifications, the Grater Bengaluru Authority may by notification declare that the said model bye-laws shall come into force in the said City Corporation area from such date as may be specified in such notification and such bye-laws shall come into force accordingly.

1. (5) The provisions of this section shall have effect notwithstanding anything contained in section 318.

Every City Corporation shall, with the approval of the Government, make bye-laws, not inconsistent with the Act or rules made there under.

1. (a) with regard to all matters relating to imposition, levy, assessment and collection of the taxes under this Act,
2. (b) with regard to all matters relating to imposition, levy and collection of fees and fines under this Act;
3. (c) for regulating the construction of all kinds of buildings for prescribing all matters relating to the management of solid and bio-medical waste;
4. (d) with regard to determining the staff of officers and servants to be employed by the City Corporation and the respective designations, duties, salaries, fees or other allowances of such officers and servants;
5. (e) generally for the guidance of its officers and servants in all matters relating to the municipal administration;
6. (f) fixing the amount and nature of the security to be furnished by any officer or servant from whom it may be deemed expedient to require security;
7. (g) determining the mode and conditions of appointing, transferring, punishing or dismissing any officer or servant and delegating to officers designated in the rules the powers to appoint, transfer, fine, reduce suspend or dismiss any officer or servant;
8. (h) regulating the grant of leave to officers or servants and fixing the remuneration to be paid to the person if any, appointed to act for them whilst on leave; and
   • (i) authorizing the payment of contributions, at such rates and subject to such conditions as may be prescribed in such rule to any pension or provident fund which may be established by the City Corporation, or, with the approval of the City Corporation, by the said officers and servants.

Corporation may from time to time, with the approval of the Government make regulations not inconsistent with this Act and the rules made thereunder for,-

1. (i) regulating the payments from the City Corporation fund;
2. (ii) all matters relating to the imposition, levy, assessment and collection of user charges under this Act;
3. (iii) the form of and the manner of keeping of maps, drawings and description of underground utilities and maps of fire hydrants and sewerage man-holes;
4. (iv) regulating the permission for temporary erection of a booth or any other structure on any public place;
5. (v) the terms and conditions subject to which the precautions to be taken during construction or repair of street, drain or premise;
6. (vi) regulating the erection of all kind of buildings;
7. (vii) determining the technical qualifications and experience for the person seeking licence to act as a plumber;
8. (viii) regulating the projections of the building under this Act;
9. (ix) the regulation and inspection of markets, public places used for the sale of articles and slaughter houses, all places used by or for animals which are for sale or hire, or the produce of which is sold, and for the proper and clean conduct of business therein; for regulating the sale of fruits and vegetables in the municipal markets or other charges to be levied for the use of any of them which belong to the City Corporation;
10. (x) specifying the conditions on or subject to which, and the circumstances in which, and the areas or localities in respect of which, licences may be granted, refused, suspended or withdrawn for the use of any place not belonging to the City Corporation:

1. (a) as a slaughter house;
2. (b) as a market or shop for the sale of animals intended for human

food, or of meat, or of fish, or as a market for the sale of fruits or vegetables;

1. (c) as a dairy, hotel, restaurant, eating-house. coffee-house, sweet meat- shop, bakery, camping-ground., sarai, dhobi-ghat, flour mill, sawmill, ice-candy factory, food-grain, go-down, City Corporation house, lodging-house other than a students' hostel under public or recognized control or for manufacturing ice or aerated water;
2. (d) as a place for the preparation or manufacture of oil;
3. (e) for parching grain or Bengal gram on a large scale: or
4. (f) for any other purpose for which the issuing of a licence may he prescribed, and providing for the inspection and regulation of the conduct of business in any place used as aforesaid, so as to secure cleanliness therein or to minimize any injurious, offensive or dangerous effect arising or likely to arise there from;
   • (xi) prohibiting the stabling or herding of horses, camels, donkeys, sheep or goats. otherwise than in accordance with such rules prescribed in such bye-laws in regard to the number thereof, and the places to be used for the purpose as may be necessary to prevent danger to the public health;
   • (xii) the inspection of milk cattle and specifying and regulating the construction dimensions, ventilation, lighting, cleansing, drainage and water-supply of dairies and cattle-sheds in the occupation of persons following the trade of dairymen or milk sellers;
   • (xiii) securing the cleanliness of milk-stores, milk-shops and vessels used by milk-sellers or butter-men for milk or buller;
   • (xiv) the registration of births, deaths and marriages, and the taking of census within the City Corporation and for enforcing the supply of such information as may be necessary to make such registration or census effective;
   • (xv) regulating the disposal of the dead and of the carcasses of dead animals and the maintenance of all places for the purpose in good order and in a safe sanitary condition, due regard being had to the religious usages of the community or section of the community entitled to the use of such places for the disposal of the dead;
   • (xvi) enforcing the supply of information as to any cases of dangerous disease, and carrying out the provisions of this Act;
   • (xvii) enforcing the supply of such information by inhabitants of the City Corporation as may be necessary to ascertain their respective liabilities to any tax imposed therein; (xviii) regulating the use of public bathing and washing places within municipal limits regulating sanitation and conservancy;
   • (xix) regulating the conditions for the construction, use and disposal of houses intended for the homeless;
   • (xx) regulating the conditions on which permission may be given for the temporary occupation of or the creation projections over public streets;
5. (xxi) regulating the structure and dimensions of plinths, walls, foundations, floors, roofs and chimneys of new buildings for the purpose of securing stability and the prevention of tires and for purposes of health;
6. (xxii) regulating the erection or use of buildings for grain shops or grain stores, the use of sites for erection of buildings and, in localities intended for residential purposes, the erection or use of buildings for shops, market places, manufacturing, places of public resort or for any other purpose; (xxiii) preventing the erection of building without adequate provision being made for the laying out and location of streets;
7. (xxiv) ensuring the adequate ventilation of buildings by the provision and maintenance of sufficient open space either internal or external and of doors and windows and other means for securing a free circulation of air;
8. (xxv) regulating in any other particular manner not specially provided for in this Act, the construction, maintenance and control of drains, sewers, ventilation shafts, receptacles for dung and manure, cess- pools, water- closets, privies, latrines, urinals and drainage or sewage works of every description, whether the property of the City Corporation or not;
9. (xxvi) determining the conditions, restrictions, norms and specifications for all kinds of constructions looking to the local need for the purpose of operation of any provision of this Act in conformity with the directions issued and restrictions specified if any from time to time, by the State Government; (xxvii) prohibiting the transit of any vehicles of such form, construction, weight or size, or laden with such machinery or other unwieldy objects as may be deemed likely to cause injury to the roadway or any construction thereon, or risk or obstruction to other vehicles or to pedestrians, along or over any street, except under such conditions as to time, mode of traction or locomotion, use of appliances for protection of the roadway, number of lights and assistants and other general precautions as may be prescribed, either generally in such bye laws or in special licences to be granted in each case under such terms as to time of application and payment of fees therefore as may be specified in such bye-laws; (xxviii) securing the protection of public parks. gardens and open spaces, vested in or under the control of the City Corporation from injury or misuse, regulating their management and the manner in which they may be used by the public, and providing for the proper behavior of persons in them;
10. (xxix) regulating or prohibiting any description of traffic in the streets and providing for the reduction of noise caused thereby;
11. (xxx) the licensing, inspection and proper regulation of places of public resort, recreation or amusement, clubs, gymkhanas, spas, massage parlours;
12. (xxxi) regulating the posting of bills and advertisements and the position, size, shape and style of sign-posts; (xxxii) generally for the regulation of all matters relating to municipal administration; and every City Corporation may specify fine for the infringement of any such bye-laws; and (xxxiii) hawking zones, street vending, food courts.

1. (2) Every City Corporation shall, before making any bye-laws under this section, publish, in such manner as shall in its opinion be sufficient for the information of persons likely to be affected thereby, a draft of the proposed by- laws together with a notice specifying a date on or after which the draft will be taken into consideration and shall, before making the bye-laws, receive and consider any objection or suggestion with respect to the draft which may be made in writing by any person before the date so specified.