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State of Karnataka - Section

Section 421 in Karnataka Municipal Corporations Act, 1976

421. Power of Government to make rules.

(1)The Government may, [after previous publication] [Omitted by Act 13 of 1983 w.e.f. 24.2.1983 and inserted by the same Act w.e.f. 1.3.1983.] by notification make rules to carry out the purposes of this Act:[Provided that no previous publication shall be necessary for any rule made for the first time after the commencement of this Act.] [Inserted by Act 40 of 1981 w.e.f. 1.6.1977.]
(2)In particular and without prejudice to the generality of the foregoing power such rules may,-
(a)provide for all matters expressly required or allowed by this Act to be prescribed;
(b)regulate or prohibit the moving of any resolution or the making or any motions on or the discussion of any matter unconnected with the municipal administration;
(c)prescribe the accounts to be kept by the corporation, the manner in which such accounts shall be audited and published and the conditions under which the rate-payers may appear before auditors, inspect books and vouchers and take exception to items entered therein or omitted therefrom;
(d)prescribe the forms of all registers, reports and returns, the manner in which such registers shall be maintained, the dates on which the reports and returns shall be made and the officers to whom they shall be sent, as also of warrants and notices of sale;
(e)regulate sharing between local authorities of the proceeds of the tax [x x x] [Omitted by Act 35 of 1994 w.e.f. 1.6.1994.] or income levied or obtained under this or any other Act;
(f)prescribe the powers of auditors, inspecting and superintending officers authorised to hold inquiries to summon and examine witnesses and to compel the production of documents and all other matters connected with audit, inspection and superintendence.
(3)The Government may, by notification, and after previous publication make rules altering, adding to or cancelling any of Schedules to this Act except Schedules XI and XII.
(4)All reference made in this Act to any of the aforesaid Schedules shall be construed as referring to such Schedules as for the time being amended in exercise of the powers conferred by sub-section (3).
(4A)[ A rule under this Act may be made with retrospective effect, and when such a rule is made, the reasons for making the rule shall be specified in a statement laid before both Houses of the State Legislature, and subject to any modification made under sub-section (6), every rule made under this Act, shall have effect as if enacted in this Act.] [Inserted by Act 8 of 1982 w.e.f. 9.11.1981.]
(5)In making any rule, the Government may provide that a breach thereof shall be punishable with fine which may extend to [one thousand rupees] [Substituted by Act 55 of 2013 w.e.f. 20.08.2013.]
(6)Every rule made under this section or any other provisions of this Act shall be laid as soon as may be after it is made before each House of the State Legislature while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions and if before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall from the date on which the modification or annulment is notified by the Government in the Official Gazette 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 under that rule.