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Greater Bengaluru City Corporation - Act

THE BRUHAT BENGALURU MAHANAGARA PALIKE ACT, 2020

BENGALURU
India

THE BRUHAT BENGALURU MAHANAGARA PALIKE ACT, 2020

Act 53 of 2020

Published in Karnataka Gazette Extra-ordinary on 21 December 2020
Commenced on 21 December 2020
[This is the version of this document from 21 December 2020.]

DEPARTMENT OF PARLIAMENTARY AFFAIRS AND LEGISLATION SECRETARIAT NOTIFICATIONNO: DPAL 20 SHASANA 2020, BENGALURU, DATED:21.12.2020Ordered that the translation of ಹ ಂಗ ಮ ನಗರ ಅ ಯಮ, 2020 (2020ರ ಕ ಟಕ ಅ ಯಮ 53) in English language, be published as authoritative text as required by clause (3) of Article 348 of the Constitution of India in the Karnataka Gazette for general information.The following translation of ಹ ಂಗ ಮ ನಗರ ಅ ಯಮ, (2020ರ ಕ ಟಕ ಅ ಯಮ 53) in English language, is published in the Official Gazette under the authority of the Governor of Karnataka under clause (3) of Article 348 of the Constitution of IndiaKARNATAKA ACT NO. 53 OF 2020(First published in the Karnataka Gazette Extra-ordinary on the 21st day of December, 2020)THE BRUHAT BENGALURU MAHANAGARA PALIKE ACT, 2020(Received the assent of the Governor on the 19th day of December, 2020)An Act to provide for an independent legislation for the purposes of improving decentralization, integration of public participation at various levels of municipal governance and to ensure efficient decision making by the Bruhat Bengaluru Mahanagara Palike.Whereas, the City of Bengaluru is a major centre of economic activity with a large and growing population with seven hundred and fourteen square kilometers of area under the jurisdiction of the Bruhat Bengaluru Mahanagara Palike.Whereas, the Bruhat Bengaluru Mahanagara Palike was established and governed under the provisions of the Karnataka Municipal Corporations Act,(Karnataka Act 14 of 1977).Whereas, the provisions of the Karnataka Municipal Corporations Act, 1976 (Karnataka Act 14 of 1977) are inadequate in administrative and structural matters to govern Bengaluru as it provides for limited flexibility and is a common legislation catering to nine smaller Municipal Corporations in the State of Karnataka.Be it enacted by the Karnataka State Legislature in the seventy first year of the Republic of India, as follows:-

Chapter I
PRELIMINARY

1. Short title and commencement.-

(1)This Act may be called the Bruhat Bengaluru Mahanagara Palike Act, 2020.

(2)The provisions of the Act shall come into force on such date as the State

2. Government may, by notification, appoint on this behalf.

Definitions.-In this Act, unless the context otherwise requires,-

(1)“Annual Financial Statement” means the statement published by the Corporation under section 208;

(2)“Area Sabha” means in relation to an Area, a body of all the persons who are registered as voters in the electoral rolls pertaining to any polling station of that Area;

(3)“Area” means an area determined in the manner specified in section 4 and

(4)“Association” means an association of body of persons, a trust, society, association or organization registered under Karnataka Societies Registration Act, 1960(Karnataka Act 17 of 1960) or not;

(5)“ Backward classes” means such class or classes of citizens as may be classified and notified by the Government from time to time for the purposes of reservation of seats in the Corporation;

(6)“Bio-medical waste" means any waste generated during diagnosis, treatment, immunization or any health services of human beings or animals or in research activities pertaining thereto;

(7)“building” includes,-

(a)a house, out-house, stable, privy, shed, hut, wall, verandah, fixed platform, plinth, door step and any other structure including telecommunication tower or Advertisement structure, whatever name called whether of masonry, bricks, wood, mud, metal or any other material whatsoever;

(b)a structure on wheels simply resting in the ground without foundations;

(c)a ship, vessel, boat, tent, and any other structure used for human habitation or used for keeping or storing any article or goods;

(8)“Bye-law” means a bye-law framed by the Corporation under this Act;

(9)“casual vacancy” means a vacancy occurring otherwise than by efflux of time in the office of a councillor or in any other elective office and “casual election”means an election held to fill a casual vacancy;

(10)“Chairperson” means such person who shall be the head of the committee or commission or other such bodies provided for under this Act;

(11)“Chief Commissioner” means the Chief Commissioner appointed under section 63 and includes a person appointed to act as the Chief Commissioner under section 71 ;

(12)“Civil Society” means any person, association of persons, non-governmental organisation established, constituted or registered under any law for the time being in force and working for social welfare, and shall include any community based organisation, professional institution, civic, health, educational, social or cultural body and such other association or body as the Corporation may decide;

(13)“Completion Certificate” means a certificate granted by the Corporation upon completion of construction of a building in accordance with the provisions of this Act;

(14)“Complimentary Connection” means and includes providing a connection for cable television or connection to direct to home service free of any payment or at a reduced rate;

(15)“Complimentary ticket” means and includes any ticket which provides an entry into a ticket-based entertainment free of any payment or at a reduced rate;

(16)“Comprehensive Debt Limitation Policy” means the policy prepared by the Corporation to guide any decision taken by it while raising debt;

(17)“Corporation” means the Bruhath Bengaluru Mahanagara Palike established in accordance with the provisions of this Act;

(18)“Corporation Administrator” means any officer appointed by the State Government to exercise the powers and perform the functions and discharge duties conferred or imposed on the corporation by or under this Act;

(19)“Corporation Fund” means the consolidated fund of the Corporation subject to the control of the Corporation in accordance with such conditions prescribed under this Act;

(20)“Dangerous diseases” means any epidemic, endemic, or infectious disease notified as a dangerous disease by the Government under this Act;

(21)“Election” means an election to fill any vacancy in the office of a Councillor;

(22)“Entertainment” means and includes any amusement event or provision of service which involves a performance, presentation, production or staging of any act and for the viewing of which any person or body of persons may be required to purchase a ticket to enter such an event or purchase a connection to view such a service;

(23)“Essential services” means services in which any Corporation officer, servant, or other person is employed by or on behalf of the corporation and which are specified in the rules;

(24)“factory” means a factory as defined in the occupational safety, health and working condition code 2020 (Central Act 37 of 2020);

(25)“filth” includes sewage, dung, dirt, swill, putrid and putrefying substances and all offensive matter;

(26)“Government” means the Government of Karnataka;

(27)“land” includes land which is being built upon or is built upon or covered with water, benefits to arise out of land, things attached to the earth or permanently fastened to anything attached to the earth and rights created by law over any street;

(28)“lay-out” means a lay-out formed by an individual or body of persons, whether incorporated or not;

(29)“local authority” means a Corporation, a municipal council, Town panchayat, development authority, city improvement board, town improvement board, zilla panchayat, taluk panchayat and grama panchayat or any local self Government constituted under any law for the time being in force;

(30)“Market” includes any place, by whatever name called, where persons assemble for the sale of meat, fish, fruit, vegetables, livestock, or any other article of food of a perishable nature, or any other article for which there is a collection of shops or warehouses or stalls, declared and licensed by the Corporation as a market;

(31)“Medium term fiscal plan” means the fiscal plan prepared by the Corporation for a period of five years;

(32)“Non ticket-based entertainment” means and includes any entertainment which does not require the purchase of a ticket to enter the place of non-ticket-based entertainment;-

(33)“Nuisance” shall include any act, omission, place or thing, which causes or is likely to cause injury, danger, annoyance, or offence to the sense of sight, smell or hearing, disturbance to rest or sleep, or which is or may be dangerous to life, or injurious to health or property;

(34)“Occupier” includes any person who, for the time being, is paying or is liable to pay to the owner the rent or any portion of the rent of the land or building in respect of which such rent is paid or payable, an owner in occupation or otherwise using the building or land, a rent-free tenant, licensee occupying any land or building, any person who is liable to pay the owner damages for the use or occupation of any land or building;

(35)“Owner" includes a person who, for the time being, is receiving or is entitled to receive the amount of lease or the rent of any land or building whether on her own account or as an agent, trustee, guardian or receiver for any other person or who should so receive the amount of lease or the rent or be entitled to receive it if the land or building or part thereof were let to a lessee or a tenant on lease or rent;

(36)"population" means the population as ascertained at the last preceding census of which relevant figures have been published;

(37)“Political Party” means a political party registered under section 29A of the Representation of the People Act, 1951 (Central Act 43 of 1951);

(38)“Polling stations'' means those stations set up by the State Election Commission to enable those persons on the electoral roll to cast their vote;

(39)"Prescribed" means prescribed by rules made under this Act;

(40)“Presiding Officer” means such an officer appointed by the State Election Commission to preside over one or more polling stations;

(41)“Property tax” means the tax levied by the Corporation on buildings or vacant lands or both;

(42)“Resident welfare association” means a voluntary association of residents registered under any law in force;

(43)“regulation” means a regulation framed under this Act;

(44)“rubbish” includes dust, ashes, broken bricks, mortar, broken glass, garden or stable refuse and refuse of any kind which is not offensive matter or sewage;

(45)“Rules” means the rules made under this Act;

(46)“Schedule” means a Schedule appended to this Act;

(47)“street alignment” means a line dividing the land comprised in and forming Part of - a street from the adjoining land;

(48)“Scheduled Castes” means those castes, races or tribes or parts of or groups within castes, races or tribes notified under Article 341 of the Constitution of India;

(49)“Scheduled Tribes” means those tribes or tribal communities on parts of or groups within castes, races, tribes or tribal communities notified under Article 342 of the Constitution of India;

(50)“Self-help group” means a group of twenty or more people from a homogeneous class who come together for addressing their common problems;

(51)“Sinking fund” means a fund formed by periodically setting aside money for the gradual repayment of a debt or replacement of a wasting asset;

(52)“Specified” means the Bye laws made by the Corporation under this Act;

(53)“Slum level federation” means an association of twenty or more self-help groups formed by residents of urban slum areas;

(54)“Solid Waste Management” means and includes collection, segregation, storage, transportation, processing and disposal of municipal solid waste;

(55)“Standing Committee” means the Standing Committee referred to under section 80;

(56)"State Election Commission" means the State Election Commission referred to in Article 243-K of the Constitution of India;

(57)“Street” means a public street or a private street, and includes any highway and any causeway, bridge, road, lane, foot-way, subway or riding path or passage over which the public have a right of passage or access or have passed and had access uninterruptedly for a period of twenty years; and, when there is a foot-way as well as a carriage way in any street, the said term includes both;

(58)“Ticket based entertainment” means and includes any entertainment, which requires the purchase of a ticket to enter the place of ticket based entertainment;

(59)“trade effluent” means any liquid either with or without particles of matter in suspension therein which is wholly or in part produced in the course of any trade or industry carried on at the trade premises, and in relation to any trade premises means any such liquid as aforesaid which is so produced in the course of any trade or industry carried on at those premises, but does not include domestic sewage;

(60)“trade premises” means any premises used or intended to be used for carrying on any trade or industry;

(61)“trade refuse” means the refuse of any trade or industry;

(62)“Tribunal” means the Karnataka Appellate Tribunal;

(63)"Vacant land" means, land not built upon and does not include land appurtenant to a building;

(64)“Ward Committee” means the ward committee established under section 143. ;

(65)“Ward development plan” means the development plan prepared by the Ward Committee for the allotment of budget to it by the Corporation;

(66)“Ward Sabha” means a Ward Sabha referred to under section 86;

(67)“Wards” means such areas within the zones of the Corporation determined by the Government under section 7;

(68)“Zonal Commissioner” means the Zonal Commissioner referred to under section 72; and

(69)“Zones of the Corporation” means such areas within the Corporation as may be notified by the Government under section 12.

Chapter II
CORPORATION AUTHORITIES

3. Corporation Authorities.-The following shall be the Authorities of the Corporation who shall carry out the provisions of the Act, namely:-

(a)the Bruhat Bengaluru Mahanagara Palike (BBMP)

(b)the Mayor

(c)the Chief Commissioner

(d)the Zonal Commissioner

(e)the Zonal Committees

(f)the Standing Committees

(g)the Ward Committees

(h)Area Sabhas

Chapter III
CONSTITUTION OF THE CORPORATION

4. Establishment of Bruhat Bengaluru Mahanagara Palike.- (1) As soon as may be, after the commencement of this Act, there shall be established for the purposes of this Act, a Corporation to be called Bruhat Bengaluru Mahanagara Palike.

(2)The Governor having regard to,-

(a)population of any area within the reasonable proximity of Bengaluru;

(b)the density of population of such area;

(c)the revenue generated by existing local administration of such area;

(d)the percentage of employment in non-agricultural activities in such area;

(e)the economic importance of such area;

(f)special development plan, trade, transport; and

(g)such other factors as may be prescribed or required to be considered from time to time include such areas to be within or exclude such areas from the jurisdiction of the Bruhat Bengaluru Mahanagara Palike by notification in the Official Gazette.

(3)No such notification shall be issued unless a draft thereof is,-

(a)published in the official Gazette for the information of all persons likely to be affected thereby inviting objections and suggestions within one month from the date of publication; and (b) referred to the corporation for expressing its views thereon within the period specified in clause (a).

(4)Save as otherwise provided in this Act or any other law for the time being in force, when a local area is excluded from the larger urban area.

(i)the rights and liabilities of the corporation in such area shall vest in Government; and

(ii)Government shall, after consulting the corporation, determine what portion of the corporation fund and other property of the corporation shall vest in Government for the benefit of the inhabitants of such local area and how the liabilities of the corporation shall be apportioned between the corporation and Government.

(5)When a local area is included in the larger urban area , the provisions of this Act and all taxes, notifications, rules, bye-laws, orders, directions and powers, levied, issued, made or conferred under this Act or any other law applicable to the larger urban area shall apply to the said area from the date of inclusion of such area within the larger urban area.

(6)The Corporation shall be a body corporate with the name aforesaid having perpetual succession and a common seal with power, subject to theprovisions of this Act, to acquire, hold and dispose of property and may by the said name sue and be sued.Erection and maintenance of boundary marks.- It shall be the duty of the corporation to cause at its own cost to be erected or set up andthereafter maintain at its own cost substantial boundary marks of such description and in such position as shall be approved by the Deputy Commissioner of the revenue district having jurisdiction, defining the limits or the altered limits, as the case may be, of the city which is subject to its authority Duration of the Corporation.-The Corporation, shall continue for five years from the date appointed for its first meeting unless dissolved earlier.Delimitation of Wards.- (1)For the purposes of election of councilors, Bengaluru shall be divided into wards on the recommendation of the delimitation commission in such manner that,-

(a)the population of each of the wards shall, as far as practicable, be the same throughout Bengaluru.;

(b)Wards shall be divided within the constituency of a member of legislative assembly and no wards shall be spread over to constituencies.

Explanation:- For the purpose of this section population means the population of the city ascertained by preceding census of which relevant figures have been published.

(2)The Government shall constitute a delimitation commission consisting of such number of persons as may be prescribed to recommend to the Government regarding the manner of division of wards.

(3)The Government shall by order determine,-

(a)the wards into which the Corporation shall, for the purpose of its elections, be divided in to not less than two hundred and twenty fiveb ut not more than two hundred and fifty wards;

(b)the extent of each ward; and

(c)the number of seats so reserved for Scheduled Castes and

d Tribes shall bear as nearly as may be, the same proportion to

the total number of seats to be filled by direct election in the

corporation as the population of the Scheduled Castes in the city or ofthe Scheduled Tribes in the city bears to the total population of the city:Provided that the number of seats so reserved for the Backward Classesunder this sub-section shall be so determined, that the total number of seatsreserved for the Scheduled Castes and Schedule Tribes under sub-section(2) andthe Backward Classes under this sub-section shall not exceed one third of the

145. total number of seats in the Corporation.

(4)Not more than fifty percent of the seats reserved for each category ofpersons belonging to Scheduled Castes, Scheduled Tribes and Backward Classesand those of the non-reserved seats to be filled by direct election in a corporationshall be reserved for women:Provided that, the seats reserved in sub-sections (3) and (4) shall be allottedby rotation to different wards in the city.

(5)No delimitation of wards or change of wards for the purpose ofreservation shall be made in the Corporation after its constitution except for thepurpose of general election to that Corporation and no such delimitation or

8. change of wards shall, in any manner, affect the existing Corporation.

Constitution of the Corporation.-(1) The Corporation shall consistof,-(a)such number of elected Councilors representing each ward determinedby the Government under sub-section (3) of section 7.(b)the Government shall nominate such members from the residents ofthe city and such members shall not exceed ten percent of the Councillors:-(i)who are persons having special knowledge and experience in municipaladministration or matters relating to health, town planning or education; or(ii)who are social workers;Provided that, the persons referred to in clause (b) shall not have right to vote inthe meetings of the Corporation.(c)The Members of the House of people whose constituencies are withinthe area of the Corporation and the Members of the Council of States who areregistered as voters in the Corporation.(d)The Members of Legislative Assembly whose constituencies are withinthe area of the Corporation and the Members of Legislative Council who areregistered as voters in the Corporation.

(2)Seats shall be reserved in a corporation,-

(a)for the Scheduled Castes; and

(b)for the Scheduled Tribes:

and the number of seats so reserved shall bear as nearly as may be, thesame proportion to the total number of seats to be filled by direct election in thecorporation as the population of the Scheduled Castes in the city or of the

d Tribes in the city bears to the total population of the city.

(3) Such number of seats which shall as nearly as may be, one third of the

total number of seats to be filled by direct election in a corporation shall bereserved for persons belonging to the Backward Classes:Provided that, the number of seats so reserved for the Backward Classesunder this sub-section shall be so determined, that the total number of seatsreserved for the Scheduled Castes and Schedule Tribes under sub-section(3) andthe backward classes under this sub-section shall not exceed one third of thetotal number of seats in the Corporation.Provided further that, out of the seats reserved under this sub-section,eighty percent of the total number of such seats shall be reserved for the personsfalling under category "A" and the remaining twenty percent of the seats shall bereserved for the persons falling under category "B":Provided also that, if no person falling under category "A" is available, theseats reserved for that category shall also be filled by the persons falling under

146. category "B" and vice-versa:

(4)Not more than fifty percent of the seats reserved for each category ofpersons belonging to the Scheduled Castes, the Scheduled Tribes and backwardclasses and those of the non-reserved seats to be filled by direct election in acorporation shall be reserved for women:Provided that, the seats reserved in this sub-section shall be allotted byrotation to different wards in a city.

(5)The Councilors referred to in of sub-section (1) shall be elected in themanner provided in this Act.

(6)Nothing contained in sub-sections (2), (3) and (4) shall be deemed toprevent the members of the Scheduled Castes, Scheduled Tribes, backwardclasses or women from standing for election to the non-reserved seats.

(7)Notwithstanding anything contained in this Act, where two thirds of thetotal number of Councillors required to be elected have been elected, the

9. Corporation shall be deemed to have been duly constituted under this Act.

Oath of allegiance to be taken by councilors.- (1) Notwithstandinganything contained in the Oaths Act, 1969 (Central Act 44 of 1969) every personwho is elected to be a councillor shall, before taking his seat, make at a meetingof the corporation, an oath or affirmation of his allegiance to the Constitution inthe following form namely:-"I.A.B., having been elected a councilor of this corporation do swear in the name ofGod / solemnly affirm that I will bear true faith and allegiance to the Constitution ofIndia, and that I will faithfully discharge the duty upon which I am about to enter".

(2)Any person who having been elected to be a councilor fails to make, withinthree months of the date on which his term of office commences or at one of the firstthree meetings held after the said date, whichever is later the oath or affirmation laiddown in subsection (1) shall cease to hold his office and his seat shall be deemed to havebecome vacant.

(3)Any person who has been elected to be a councillor shall not take his seat at ameeting of the corporation or do any act as such councillor unless he has made the oathor affirmation as laid down in sub-section (1).

(4)Notwithstanding anything contained in sub-section (3), a Mayor or DeputyMayor or the chairman or a member of a standing-committee, who has not made theoath or affirmation as a councillor shall not be entitled to act as such Mayor, Deputy

10. Mayor, Chairman or member.

Declaration of assets etc.- Every councillor referred to in sub-section (1) ofsection 8 shall, not later than one month after the commencement of his term of officeand in the same month of each succeeding year, file with the Mayor a declaration of allassets owned by him and any member of his family. Such declaration shall form part of

11. the corporation records.

Term of office of Councilors.- (1) Save as otherwise provided in this Act,the term of office of councillors,-(i)directly elected at a general election shall be five years;(ii)nominated by the Government under clause (b) of sub-section

(1)of section 8 shall, subject to the pleasure of the Government, be five years.

(2)The term of office of the Councilors shall commence on the dateappointed for the first meeting of the corporation.

(3)If any casual vacancy occurs it shall be filled, as soon as may be, by

147. the election of a person thereto. The person so elected shall hold office only so

long as the person in whose place he is elected would have held had the vacancynot occurred:Provided that, no election to fill a casual vacancy shall be held if thevacancy occurs within six months before the expiry by efflux of time of the term of

12. office of the councillors.

Division of the Corporation into Zones.- (1) The Government shall uponconsultation with the Corporation, issue a notification dividing its area into variousZones.

(2)The Government shall establish a zonal demarcation commission withrepresentation from the Corporation, Government and such eminent members ofthe public to recommend to the Government, as per such terms of reference, thedemarcation of zones and the basis thereof.

(3)Prior to the publication of any notification in the official gazette underthis Section, the Corporation shall publish the draft of such notification whichshall seek the opinion of the public for a period of thirty days from the date ofsuch notification.

(4)The number of zones created by the Corporation shall not exceedfifteen.

Chapter IV
ELECTIONS

13. Election to the Corporation.-(1) A general election shall be held for thepurpose of constitution of a new Corporation before the expiry of the duration of theexisting Corporation or on dissolution.

(2)The superintendence and the conduct of general election and for casualvacancy of Councilors shall be vested in the State Election Commission.

(3)The officer designated by the State Election Commission shall maintaina list of voters for each ward of such municipal area.

(4)The date of such an election shall be fixed by the State Election

14. Commission in consultation with the Government.

Electoral rolls.- (1) For every ward, there shall be an electoral roll whichshall be prepared, revised, modified, updated and published in accordance with theprovisions of this Act and under the superintendence, direction and control of StateElection Commission.

(2)Only one Councillor shall be elected for each ward and election shall beby secret ballot.

(3)A person whose name has been included in the electoral roll, asprepared by the State Election Commission of a ward shall be entitled to vote in

15. an election to that ward.

Electoral Registration Officer.-(1)An Electoral Registration Officer shallprepare and renew the voters list with respect to each ward of a Corporation, in suchmanner as may be prescribed and he shall be an officer of the Government or a localauthority designated or nominated as such by the State Election Commission inconsultation with the Government.

(2)The Electoral Registration Officer may, subject to such restriction asmay be prescribed, depute competent teachers including those of aided schools orGovernment employees or employees of local authorities, to prepare and revise

148. the voters list of the wards.

(3)The State Election Commission may designate one or more persons asAssistant Electoral Registration Officers to assist the Electoral Registration Officerin the discharge of his functions.

(4)Each Assistant Electoral Registration Officer shall, subject to thecontrol of the Electoral Registration Officer, be competent to discharge all or any

16. of the functions of the Electoral Registration Officer.

Provision of polling stations.-The District Election Officer shall, with theprevious approval of the State Election Commission, provide sufficient number of pollingstations for every Ward within the area of his jurisdiction, and shall publish in suchmanner as the State Election Commission may direct, a list showing the polling stationsso provided and the polling areas or group of voters for which they have respectively been

17. provided.

Appointment of Presiding Officers for polling stations.-(1) The StateElection Commission shall appoint a Presiding Officer for each polling station and suchPolling Officer or officers as it thinks necessary:Provided that, if a Polling Officer is absent from the polling station, thePresiding Officer may appoint any person who is present at the polling stationother than a person who has been employed by or on behalf of, or has beenotherwise working for, a candidate in or in relation to the election, to be thePresiding Officer during the absence of the former officer, and inform the electioncommission accordingly.

(2)A Polling Officer shall, if so, directed by the Presiding Officer, performall or any of the functions of a Presiding Officer under this Act or any rules or

18. orders made thereunder.

Qualifications for being a Councilor.-Every person whose name is in theelectoral roll for any of the wards of the Corporation area shall, unless disqualified underthis Act or any other law for the time being in force, shall be qualified to be elected at theelection for that ward or any other ward of the Corporation area and every person whosename is not in such list shall not be qualified to be elected, at the election for any ward of

19. the Corporation area.

Disqualifications of being a Councillor.- (1) A person shall be disqualifiedin the following circumstances for being chosen as a Councillor if he,-

(a)has been sentenced by a criminal court to imprisonment for an

offence punishable with imprisonment for a term not less than two years:Provided that,-

(i)the offence is one which involves moral turpitude and

(ii)such sentence has not been reversed or quashed or the offence not

pardoned; or

(b)is so disqualified under any provision of the Constitution or by or

under any law for the time being in force relating to elections to the StateLegislative Assembly; or

(c)if he holds any office of profit under the Government of India or the

Government of any State specified in the first schedule to the Constitution ofIndia, or under any local or other authority subject to the control of any of thesaid Governments other than such offices as are declared by rules made underthis Act not to disqualify the holder; or

(d)if he has been dismissed from service under a local authority or from

Government service; or

(e)if, having been a legal practitioner, he has been dismissed or

suspended from practice by order of a competent authority, the disqualification in

149. the latter case being operative during the period of such suspension; or

(f)if is he is of unsound mind and stands so declared by a competentcourt; or(g)if he is an un-discharged insolvent; or(h)if he is not a citizen of India or has voluntarily acquired thecitizenship of a foreign State; or(i)if he is so disqualified by any law for the time being in force for thepurposes of election to the State Legislature:Provided that, no person shall be disqualified on the ground that he is lessthan twenty five years if he has attained the age of twenty one years.(j)If he has, directly or indirectly, by himself or his partner, any shareor interest in any work done by order of the Corporation, or in any contract oremployment with or under, or by or on behalf of the Corporation.(k)if he has in proceedings questioning the validity or regularity of anelection been found to have been guilty of,-(i)any corrupt practice, or(ii)any offence punishable under section 171E or section 171F of theIndian Penal Code 1860, or any offences pertaining to election unlessa period of six years has elapsed since the date of the finding or thedisqualification has been removed by order by the Government:(l)If he fails to file Accounts of election expenses intime.

(2)If any councillor during the term for which he has been elected,-

(a)becomes subject to any disqualification specified in sub-section (1),

(b)votes or takes part as a councillor in the discussions of any matter,-

(i)in which he has conflict of interest; or

(ii)in which he is engaged at the time in any proceeding against

the Corporation; or

(c)absents himself from the meetings of the Corporation during three

consecutive months except with the leave of the Corporation:Provided that, no such leave shall be granted in case of absence from themeetings of the Corporation during a period exceeding six consecutive months:Provided further that, when an application is made by a councillor to theCorporation for leave to absent himself and the corporation fails to inform theapplicant of its decision on the application within a period of seven days from thedate of the application, the leave applied for shall be deemed to have been grantedby the Corporation. The Chief Commissioner may, either suomotu or on a reportmade to him, after such enquiry as he deems fit, by order, decide, whether theseat of the person concerned has become vacant or not. As far as may be, suchorder shall be made within seven days from the date of receipt of the report orwhere action is taken suomotu, within thirty days from the initiation thereof.

(3)Any person aggrieved by the decision of the Chief Commissionerunder sub-section (2) may, within a period of thirty days from the date of suchdecision, appeal to the Government and the orders passed by the Government onsuch appeal shall be final:Provided that, no order shall be passed under sub-sections (2) and (3)against any councillor without giving him a reasonable opportunity of being

20. heard.

Equality of votes.-If there is equality of votes between two or morecandidates, the officer appointed on behalf of the state election commission shall decide

150. by drawing lots which candidate shall be deemed to have been elected.

21. Publication of results.- The names of persons elected and nominated ascouncillors, Mayor or Deputy Mayor of the Corporation shall be published in the Official

22. Gazette.

Election Petition.-(1) No election of a councillor shall be called in questionexcept by an election petition presented for adjudication to the District Court havingjurisdiction, within thirty days from the date of the publication of the result of electionunder section 21.

(2)An election petition may be presented on one or more of the groundsspecified in section 23,-

(a)by any candidate at such election; or

(b)by any voter of the ward concerned

(3)Every election petition shall be tried as expeditiously as possible andendeavour shall be made to conclude the trial within six months from the date ofpresentation of the election petition under sub-section (1):Provided that, where the petitioner alleges any corrupt practice, thepetition shall also be accompanied by an affidavit in the prescribed form in

23. support of the allegation of such corrupt practice and the particulars thereof.

Grounds for declaring elections to be void.-(1) The court shall declare theelection of the returned candidate to be void, if the court is of opinion, -(a)that on the date of his election a returned candidate was not qualifiedor was disqualified, to be chosen as a councillor under this Act, or(b)that any corrupt practice has been committed by a returnedcandidate or his election agent or by any other person with the consent of areturned candidate or his election agent, or(c)that any nomination has been improperly rejected.(d)that the result of the election, in so far as it concerns a returnedcandidate, has been materially affected,-(i)by the improper acceptance of any nomination; or(ii)by any corrupt practice committed in the interests of thereturned candidate by an agent other than his election agent; or(iii)by the improper reception, refusal or rejection of any vote orthe reception of any vote which is void; or(iv)by any non-compliance with the provisions of this Act or of anyrules or orders made thereunder, the court shall declare the election ofthe returned candidate to be void.

(2)If in the opinion of the court, a returned candidate has been guilty,by a person other than his election agent, of any corrupt practice, but the court issatisfied,-

(a)that no such corrupt practice was committed at the election by

the candidate or his election agent and every such corrupt practice wascommitted contrary to the orders and without the consent of the candidateor his election agent

(b)that the candidate and his election agent took all reasonable

means for preventing the commission of corrupt practices at the election;and

(c)that in all other respects the election was free from any corrupt

practice on the part of the candidate or any of his agents, then the court

24. may decide that the election of the returned candidate is not void.

Procedure to be followed by the court.- The procedure provided in theCode of Civil Procedure, 1908, in regard to suits shall be followed by the court as far as

151. it can be made applicable, in the trial and disposal of an election petition under this Act.

25. Decision of the Court.- (1) At the conclusion of the trial of an electionpetition, the court shall make an order,-(a)dismissing the election petition; or(b)declaring the election of all or any of the returned candidates tobe void; or(c)declaring the election of all or any of the returned candidates tobe void and the petitioner or any other candidate to have been duly elected.

(2)If any person who has filed an election petition has, in addition tocalling in question the election of the returned candidate, claimed a declarationthat he himself or any other candidate has been duly elected and the court is ofopinion,-

(a)that in fact the petitioner or such other candidate received a

majority of the valid votes; or

(b)that but for the votes obtained by the returned candidate by

corrupt practices the petitioner or such other candidate would haveobtained a majority of the valid votes, the court shall, after declaring theelection of the returned candidate to be void, declare the petitioner or suchother candidate as the case may be, to have been duly elected.

(3)If during the trial of an election petition it appears that there is anequality of votes between any candidates at the election and that the addition of avote would entitle any of those candidates to be declared elected, then, the courtshall decide between them by lot and proceed as if the one on whom the lot falls

26. had received an additional vote.

Appeal.-An appeal shall lie to the High Court from an order of the DistrictCourt under section 25 within a period of thirty days from the date of the order of thecourt excluding the time required for obtaining a copy of the order:Provided that, the High Court may entertain an appeal after the expiry ofthe said period of thirty days if it is satisfied that the appellant had sufficient

27. cause for not preferring the appeal within the said period.

Corrupt Practices.-The following shall be deemed to be corrupt practicesfor the purposes of this Act, namely:-

(1)'bribery' as defined in clause (1) of section 123 of the Representationof the Peoples Act, 1951 (Central Act 43 of 1951) for the time being in force;

(2)'under influence' as defined in clause (2) of the said section for thetime being in force;

(3)the appeal by a candidate or his agent or by any other person withthe consent of a candidate or his election agent to vote or refrain from voting forany person on the ground of his religion, race, caste, community or language orthe use of, or appeal to religious symbols or the use of or appeal to, nationalsymbols, such as the national flag or the national emblem, for the furtherance ofthe prospects of the election of that candidate or for prejudicially affecting theelection of any candidate;

(4)the promotion of, or attempt to promote, feelings of enmity or hatredbetween different classes of the citizens of India on grounds of religion, race,caste, community or language, by a candidate or his agent or any other personwith the consent of a candidate or his election agent for the furtherance of theprospects of the election of that candidate or for prejudicially affecting theelection of any candidate;

(5)the publication by a candidate or his agent or by any other person

152. with the consent of a candidate or his election agent of any statement of fact

which is false, and which he either believes to be false or does not believe to betrue, in relation to the personal character or conduct of any candidate, or inrelation to the candidature or withdrawal of any candidate, being a statementreasonably calculated to prejudice the prospects of that candidate's election;

(6)the hiring or procuring whether on payment or otherwise of anyvehicle by a candidate or his agent or by any other person with the consent of acandidate or his election agent for the conveyance of any voter (other than thecandidate himself and the members of his family or his agent) to or from anypolling station provided in accordance with the rules made under this Act:Provided that the hiring of a vehicle by an elector or by several electors attheir joint cost for the purpose of conveying him or them to and from any suchpolling station shall not be deemed to be a corrupt practice under this clause ifthe vehicle so hired is a vehicle not propelled by mechanical power:Provided further that the use of any public transport vehicle or any railwaycarriage by any voter at his own cost for the purpose of going to or coming fromany such polling station shall not be deemed to be a corrupt practice under thisclause.Explanation.- In this clause, the expression "vehicle" means any vehicleused or capable of being used for the purpose of road transport, whetherpropelled by mechanical power or otherwise and whether used for drawing othervehicle or otherwise;

(7)the obtaining or procuring or abetting or attempting to obtain orprocure by a candidate or his agent or, by any other person with the consent of acandidate or his election agent, any assistance (other than the giving of vote) forthe furtherance of the prospects of that candidate's election, from any person inthe service of the Government or the service of the corporation;

(8)any other practice which the Government may by rules specify to be

28. a corrupt practice.

Promoting enmity between classes in connection with election.-Anyperson who in connection with an election under this Act promotes or attempts topromote on grounds of religion, race, caste, community or language, feelings of enmity orhatred between different classes of the citizens of India shall, on conviction, be punished

29. with imprisonment for a term which may extend to three years, or with fine, or with both.

Prohibition of public meetings two days before preceding the electionday and on the election day.-(1)No person shall convene, hold or attend any publicmeeting within any ward within forty eight hours before the date of commencement ofthe poll or on the date or dates on which a poll is taken for an election in that ward.

(2)Any person who contravenes the provisions of sub-section (1) shall,

30. on conviction, be punished with fine which may extend to Rupees One Lakh.

Disturbances at election meetings.- (1) Any person who at a publicmeeting to which this section applies acts, or incites others to act, in a disorderlymanner for the purpose of preventing the transaction of the business for which themeeting was called shall, on conviction, be punished with fine which may extend to onelakh rupees.

(2)This section applies to any public meeting in connection withcorporation elections held in any ward between the date of the issue of anotification fixing the date of the poll to elect a councillor or councillors and thedate on which the election is held.

(3)If any police officer reasonably suspects any person of committing anoffence under sub-section (1), he may, if requested so to do by the chairman of the

153. meeting, require that person to declare to him immediately his name and address and, if

that person refuses or fails so to declare his name and address, or if the police officerreasonably suspects him of giving a false name or address, the police officer may arrest

31. him without warrant

Restrictions on the printing of pamphlets, poster and others.-(1) Noperson shall print or publish or cause to be printed or published, any election pamphletor poster which does not bear on its face the names and addresses of the printer and thepublisher thereof.

(2)No person shall print or cause to be printed any election pamphlet orposter unless a declaration as to the identity of the publisher thereof, signed byhim and attested by two persons to whom he is personally known, is delivered byhim to the printer in duplicate.

(3)Any person who contravenes any of the provisions of sub-section (1)or subsection (2) shall, on conviction be punished with imprisonment for a termwhich may extend to six months or with fine which may extend to one lakh

32. rupees or with both.

Maintenance of secrecy of voting.- (1) Every officer, employee, agent orother person who performs any duty in connection with the recording or counting ofvotes at an election under this Act shall maintain and aid in maintaining, the secrecy ofthe voting and shall not, except for some purpose authorised by or under any law,communicate to any person any information calculate to violate such secrecy.

(2)Any person who contravenes the provisions of sub-section (1) shall,on conviction, be punished with imprisonment for a term which may extend to

33. three months or with fine or with both

Prohibition of canvassing in or near polling stations.-(1)No person shall,on the date or dates on which a poll is taken at any polling station, commit any of thefollowing acts within the polling station or in any public or private place within adistance of one hundred meters of the polling station, namely:-(a)canvassing for votes;(b)soliciting the vote of any voter; or(c)persuading any voter not to vote for any particular candidate; or(d)persuading any voter not to vote at election; or(e)exhibiting any notice or sign (other than an official notice) relating tothe election

(2)Any person who contravenes the provisions of sub-section (1) shall,on conviction, be punished with fine which may extend to one lakh rupees

(3)An offence punishable under this section shall be cognizable.34. Penalty for disorderly conduct in or near polling stations.-(1)No personshall, on the date or dates on which a poll is taken at any polling station,-

(a)use or operate within or at the entrance of the polling station or

in any public or private place in the neighbourhood thereof, any apparatusfor amplifying or reproducing the human voice, such as a megaphone or aloudspeaker; or

(b)shout or otherwise act in a disorderly manner, within or at the

entrance of the polling station or in any public or private place in theneighbourhood thereof, so as to cause annoyance to any person visiting thepolling station for the poll, or so as to interfere with the work of the officersand other person on duty at the polling station.

(2)Any person who contravenes or willfully aids or abets the

154. contravention of the provisions of sub-section (1) shall, on conviction, be

punished with imprisonment for a term which any extend to three months, orwith fine, or with both.

(3)If the presiding officer of a polling station has reason to believe thatany person is committing or has committed an offence punishable under thissection, he may direct any police officer to arrest such person and thereupon thepolice officer shall arrest him. Any police officer may make such steps and usesuch force as may be reasonably necessary for preventing any contravention ofthe provisions of sub-section (1), and may seize any apparatus used for such

35. contravention.

Penalty for illegal hiring or procuring of conveyances at elections.- Ifany person is guilty of any such corrupt practice as is specified in sub-section (6) ofsection 27 at or in connection with an election he shall, on conviction, be punished with

36. fine which may extend to two hundred and fifty rupees.

Breaches of official duty in connection with elections.- (1) If anyperson to whom this section applies is, without reasonable cause, guilty of any act oromission in breach of his official duty, he shall, on conviction, be punished with finewhich may extend to five hundred rupees.

(2)No suit or other legal proceedings shall lie against any such personfor damages in respect of any such act or omission as aforesaid.

(3)The persons to whom this section applies are the returning officer,assistant returning officers, presiding officers, polling officers and any otherperson appointed to perform any duty in connection with the receipt ofnominations or withdrawal of candidature, or the recording or counting of votesat an election; and the expression "official duty" shall, for the purpose of thissection, be construed accordingly, but shall not include duties imposed

37. otherwise than by or under this Act in connection with such election.

Returning Officer, Presiding Officer, etc. deemed to be on deputationto State Election Commission.- Notwithstanding anything contained in this Act or anyother law for the time being in force, the returning officer, assistant returning officer,presiding officer, polling officer and any other officer appointed by or under this Act andany police officer designated for the time being by the Government, for the conduct of anyelection of Councillors under this Act shall be deemed to be on deputation to the StateElection Commission for the period commencing on and from the date of notificationcalling for such election and ending with the date of declaration of the results of suchelection and accordingly, such officer shall, during that period, be subject to the control,

38. superintendence and discipline of the State Election Commission.

Penalty for Government servant for acting as election agent, pollingagent or counting agent.- If any person in the service of the Government acts as anelection agent or a polling agent or a counting agent of a candidate at an election, heshall be punishable with imprisonment for a term which may extend to three months, or

39. with fine or with both.

Removal of electronic voting machine from polling station to be anoffence.- (1) Any person who at any election fraudulently takes or attempts to take aelectronic voting machine out of a polling station or willfully aids or abets the doing ofany such act shall, on conviction, be punished with imprisonment for a term which mayextend to one year, or with fine which may extend to five hundred rupees, or with both.

(2)If the presiding officer of a polling station has reason to believe thatany person is committing or has committed an offence punishable under sub-section (1), such officer may, before such person leaves the polling station, arrestor direct a police officer to arrest such person and may search such person or

155. cause him to be searched by a police officer:

Provided that, when it is necessary to cause a women to be searched, thesearch shall be made by another woman with strict regard to decency.

(3)Any electronic voting machine found upon the person arrested onsearch shall be made over for safe custody to a police officer by the presidingofficer, or when the search is made by a police officer, shall be kept by suchofficer in safe custody.

(4)An offence punishable under sub-section (1) shall be cognizable.Explanation: In this Chapter, any reference to electronic voting machine shallalso be construed as reference to ballot paper/ballot box wherever the State

40. Election Commission conducts election through ballot paper/ballot box.

Other offences and penalties therefor.- (1) A person shall be guilty of anelectoral offence if at any election, he,-(a)fraudulently defaces or fraudulently destroys any nomination paper;or(b)fraudulently defaces, destroys or removes any list, notice or otherdocument, affixed by or under the authority of a returning officer; or(c)fraudulently defaces or fraudulently destroys any electronic votingmachine or the official mark on any voting machine;(d)without due authority supplies any electronic voting machine to anyperson or receives any electronic voting machine from any person or is inpossession of any ballot paper; or voting machine(e)fraudulently puts into any electronic voting machine anything otherthan the control unit, ballot unit and voter verified paper audit trail(VVPAT)which he is authorised by law to put in; or(f)without due authority destroys, takes, opens or otherwise interfereswith any voting machine then in use for the purposes of the election; or(g)fraudulently or without due authority, as the case may be, attemptsto do any of the foregoing acts or willfully aids or abets the doing of anysuch acts.

(2)Any person guilty of an electoral offence under this section shall,-

(a)if he is the returning officer or an assistant returning officer or a

presiding officer at a polling station or any other officer or person employedon official duty in connection with the election, on conviction, be punishedwith imprisonment for a term which may extend to two years, or with fine,or with both;

(b)if he is any other person, on conviction, be punished with

imprisonment for a term which may extend to six months, or with fine, ofwith both.

(3)For the purpose of this section, a person shall be deemed to be onofficial duty if his duty is to take part in the conduct of an election or part of anelection including the counting of votes or to be responsible after an election forthe used ballot papers and other documents in connection with such election butthe expression "official duty" shall not include any duty imposed otherwise thanby or under this Act in connection with such election.

(4)An offence punishable under clause (b) of sub-section (2) shall be

41. cognizable.

Prosecution regarding certain offences.- No court shall take cognizance

156. of any offence under section 36 or under clause (a) of sub-section (2) of section 40,

unless there is a complaint made by order of, or under authority from, such officer as

42. may be prescribed.

Right to vote.- Every person whose name is in the electoral roll shall,unless disqualified under any law for the time being in force, be qualified to vote at the

43. election of a councilor for the division to which such roll pertains.

Account of election expenses and maximum thereof.- (1) Everycandidate at an election under this Act shall either by himself or by his election agentkeep a separate and correct account of all expenditure in connection with the electionincurred or authorised by him or by his election agent between the date on which he hasbeen nominated and the date of declaration of the result thereof, both dates inclusive.

(2)Any expenditure incurred or authorised in connection with the election of thecandidate under this Act by a political party or by any other association or body orpersons or by any individual (other than the candidate or his election agent) shall not bedeemed to be the expenditure in connection with the election incurred or authorised bythe candidate or by his election agent for the purpose of sub-section (1).Explanation 1: For the purpose of this sub-section “political party” shall have thesame meaning as in the Election Symbols (Reservation and Allotment) Order, 1968 forthe time being in force.Explanation 2: For the removal of doubts, it is hereby declared that anyexpenditure incurred in respect of any arrangement made, facilities provided or any otheract or thing done by any person in the service of the Government or the service of thecorporation in the discharge or purported discharge of his official duty for, or to, or inrelation to, any candidate or his election agent or any other person acting with theconsent of the candidate or his election agent (whether by reason of the office held by thecandidate or for any other reason) shall not be deemed to be expenditure in connectionwith the election incurred or authorised by a candidate or by his election agent for thepurpose of this section.

(3)The account shall contain such particulars as may be prescribed.

(4)The total of the said expenditure shall not exceed such amount as may be

44. prescribed.

Lodging of account with the returning officer.- Every contestingcandidate at the election under this Act shall, within thirty days from the date of electionof the returned candidate or, if there are more than one returned candidate at theelection and the dates of the election are different, the later of those two dates lodge withthe Returning Officer appointed at an election under this Act, an account of his election

45. expenses which shall be a true copy of the account kept by him or by his election agent

Failure to lodge an account of election expenses.- If the State ElectionCommission is satisfied that any person,-

(a)has failed to lodge an account of election expenses within the time and in the

manner required by or under this Act; and

(b)has no good reason or justification for the failure;

The State Election Commission shall by order published in the official Gazettedeclare him to be disqualified and any such person shall be disqualified for a period

46. of three years from the date of the order.

Voting machines at elections.- Notwithstanding anything contained inthis Act or the rules made there under, the giving or recording of votes by votingmachines may be adopted in such constituency or constituencies as the State ElectionCommission may having regard to the circumstances of each case specify.Explanation.- For the purpose of this section ‘voting machine’ means any machine

157. or apparatus whether operated electronically or otherwise used for giving or recording of

votes and any reference to a ballot box or ballot paper in this Act or the rules madethereunder shall, save as otherwise provided, construed as including a reference to such

47. voting machine wherever such voting machine is used in any election.

Power of Government to make rules for the purpose of election:-The Government may prescribe such rules or regulations to regulate all or any of thematters for the purpose of holding elections of councilors, Mayor, Deputy Mayor and

48. Chairperson of standing committees.

Prohibition of simultaneous membership.- (1) If a person is elected formore than one ward, he shall, within three days from the date of the last of suchelections, by notice in writing signed by him and delivered to the Commissioner intimatethe ward from which he chooses to serve and the choice shall be final.

(2)If the candidate does not make the choice referred to in sub-section (1), theCommissioner shall determine by lot and notify the ward from which such candidateshall serve.

(3)The said person shall be deemed to have been elected only for the seat from theward so chosen or notified, as the case may be, and the vacancies thereby arising inrespect of the other seat or seats shall be filled by fresh election.

(4)If a person who is chosen as a councillor of a ward is or becomes a member ofeither house of the Parliament, either house of the State Legislature, or is or becomes aMunicipal Councillor or a Councillor of a Municipal Corporation other than BruhatBengaluru Mahanagar Palike or a Councillor of a Town Panchayat, or a member of a ZillaPanchayat or Grama Panchayat then at the expiration of a period of fifteen days from thedate of notification of the names of the members under section 21, or as the case may be,within fifteen days from the date of commencement of term of office of a member of eitherhouse of the Parliament, either house of the State Legislature or a Municipal Councilloror a Councillor of a Municipal Corporation other than Bruhat Bengaluru MahanagarPalike or a Councillor of a Town Panchayat or a member of a Zilla Panchayat or GramaPanchayat, his seat in the Bruhat Bengaluru Mahanagar Palike shall become vacantunless he has previously resigned his seat in either house of the Parliament, either houseof the State Legislature, the Municipal Council, the Municipal Corporation other thanBruhat Bengaluru Mahanagar Palike, Town Panchayat, Zilla Panchayat or Grama

49. Panchayat as the case may be.

Requisitioning of premises, vehicle, etc., for election purpose.- (1) If itappears to an officer authorised by the State Election Commission for the conduct ofelections to the Corporation under this Act (hereinafter referred to as "the requisitioningauthority") that in connection with an election under this Act,-

(a)any premises is needed or is likely to be needed for the purpose of being used

as a polling station or for the storage of ballot boxes after a poll has been taken; or

(b)any vehicle, vessel or animal is needed or is likely to be needed for the purpose

of transport of ballot boxes to or from any polling station or transport of members ofthe police force for maintaining order during the conduct of such election, ortransport of any officer or other person for performance of any duties in connectionwith such election, the requisitioning authority may by order in writing requisitionsuch premises, or as the case may be, such vehicle, vessel or animal and may makesuch further orders as may appear to it to be necessary or expedient in connectionwith the requisitioning:Provided that, no vehicle, vessel or animal which is being lawfully used by a

158. candidate or his agent for any purpose connected with the election of such candidate

shall be requisitioned under this sub-section, until the completion of the poll at suchelections.

(2)The requisitioning shall be effected by an order in writing addressed to theperson deemed by the requisitioning authority to be the owner or person in possession ofthe property, and such order shall be served in the manner prescribed on the person towhom it is addressed.

(3)Whenever any property is requisitioned under sub-section (1), the period ofsuch requisitioning shall not extend beyond the period for which such property isrequired for any of the purposes mentioned in that sub-section.

(4)In this section,-

(a)"premises" means any land, building or part of a building and includes a

hut, shed or other structure or any part thereof;

(b)"vehicle" means any vehicle used or capable of being used for the purpose

50. of road transport whether propelled by mechanical power or otherwise.

Payment of compensation.- (1) Whenever in pursuance of section 49, therequisitioning authority requisitions any premises, the Corporation shall pay to thepersons interested compensation, the amount of which shall be determined by therequisitioning authority by taking into consideration the following factors that is to say:-(i)the rent payable in respect of the premises, or if not rent is so payable, therent payable for similar premises in the locality;(ii)if in consequence of the requisitioning of premises, the person interested iscompelled to change his residence or place of business, the reasonableexpenses, if any, incidental to such change:Provided that, when any person interested being aggrieved by the amountof compensation so determined makes an application to the requisitioningauthority within thirty days of the order under sub-section (1) the matter shall bereferred by the requisitioning authority to the Civil Judge having jurisdiction inthe locality and the amount of compensation to be paid shall be such as the CivilJudge may determine.Explanation.- In this sub-section, the expression "person interested" means theperson who was in the actual possession of the premises requisitioned immediatelybefore the requisitioning or where no person was in such actual possession, theowner of such premises.

(2)Whenever in pursuance of section 49, the requisitioning authorityrequisitions any vehicle, vessel or animal the Corporation shall pay to the ownerthereof compensation, the amount of which shall be determined by therequisitioning authority on the basis of fares or rates prevailing in the locality forthe hire of such vehicle, vessel or animal:Provided that where the owner of such vehicle, vessel or animal beingaggrieved by the amount of compensation so determined, makes an applicationwithin thirty days to the requisitioning authority, the matter shall be referred tothe Civil Judge having jurisdiction in the locality and the amount ofcompensation to be paid shall be such as the Civil Judge may determine:Provided further that where immediately before the requisitioning thevehicle or vessel was by virtue of a hire purchase agreement in the possession ofa person other than the owner the amount determined under this sub-section asthe total compensation shall be apportioned between that person and the owner

159. in such manner as they may agree upon and in default of agreement in such

manner as an arbitrator appointed by the requisitioning authority in this behalf

51. may decide.

Power to obtaining information.- The requisitioning authority may with aview to requisitioning any property under section 49, or determining the compensationpayable under section 50 by order require any person to furnish to such authority asmay be specified in the order such information in his possession relating to such

52. property as may be specified.

Power of Entry into and inspection of premises, etc.- (1) Any personauthorised in this behalf by the requisitioning authority may enter into any premises andinspect such premises and any vehicle, vessel or animal therein for the purpose ofdetermining whether, and if so in what manner an order under section 49 should bemade in relation to such premises, vehicle, vessel or animal or with a view to securingcompliance with any order made under that section.

(2)In this section the expression "premises" and "vehicle" have the same

53. meaning as in section 49.

Eviction from requisitioned premises.- (1) Any person remaining inpossession of any requisitioned premises in contravention of any order made undersection 49, may be summarily evicted from the premises by any officer empowered by therequisitioning authority in this behalf.

(2)Any officer so empowered may after giving to any woman not appearingin public, reasonable warning and facility to withdraw, remove or open any lockor bolt or break open any door of any building or do any other act necessary for

54. effecting such eviction.

Release of premises from requisitioning.- (1) When any premisesrequisitioned under section 49, are to be released from requisitioning the possessionthereof shall be delivered to the person from whom possession was taken at the time ofthe requisition or if there was no such person to the person deemed by the requisitioningauthority to be the owner of such premises and such delivery of possession shall be a fulldischarge of the requisiting authority from all liabilities in respect of such delivery butshall not prejudice any rights in respect of the premises which any other person may beentitled by due process of law to enforce against the person to whom possession of thepremises is so delivered.

(2)Where the person to whom possession of any premises requisitioned undersection 49, is to be given under sub-section (1) cannot be found or is not readilyascertainable or has no agent or any other person empowered to accept delivery on hisbehalf, requisitioning authority shall cause a notice declaring that such premises arereleased from the requisitioning to be affixed on some conspicuous part of such premisesand on the notice board of the office of the Corporation.

(3)When a notice is affixed on the notice board as provided in sub-section (2), thepremises specified in such notice shall cease to be subject to requisitioning on and fromthe date of such affixing of the notice and be deemed to have been delivered to the personentitled to possession thereof and the requisitioning authority or Corporation shall not beliable for any compensation or other claim in respect of such premises for any period

55. after the said date.

Penalty for contravention of any order regarding requisition.- If anyperson contravenes any order made under section 49, or section 51, he shall onconviction be punished with imprisonment for a term which may extend to one year or

160. with fine or with both.

Chapter V
MAYOR, DEPUTY MAYOR, CHIEF COMMISSIONER, ZONAL COMMISSIONER, ZONAL

56. COMMITTEE, STANDING COMMITTEE, WARD COMMITTEE, AREA SABHA

Mayor and Deputy Mayor.- The Members of the Corporation shall in thefirst meeting of the Corporation elect one of its Members to be the Mayor and anothermember to be the Deputy Mayor of the Corporation in such manner as may beprescribed. In an event of a vacancy in the office of either the Mayor or the Deputy

57. Mayor, the Corporation shall within one month of such a vacancy fill up these vacancies.

Term of office of the Mayor and Deputy Mayor.-The Mayor or the DeputyMayor shall hold office for a period of thirty months from the date of his election and

58. shall continue in office till his successor is elected.

Reservation of the office of the Mayor and Deputy Mayor- There shallbe reserved by the Government in the prescribed manner the office of Mayor and DeputyMayor, as the case may be, of the Corporation, for the persons belonging to the

59. Scheduled Castes, Scheduled Tribes and women by rotation on occurrence of vacancy.

Powers and functions of the Mayor.-(1) The Mayor shall discharge allfunctions as has been assigned to him under this Act.

(2)When the office of the Mayor is vacant, the Deputy Mayor shall act asa Mayor and perform such functions as have been assigned to him until suchtime 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 generalpowers of inspection and may give direction to the Chief Commissioner withregard to the implementation of any resolution of the corporation or a standingcommittee in the discharge of any obligatory and discretionary functions of thecorporation, and the Chief Commissioner shall comply with such directions. TheMayor may call any record of the corporation from the Chief Commissioner andthe records made available to him shall be returned by him within fifteen daysfrom the date they are made available.

(5)The Mayor may, by an order in writing delegate any of his functionsto the Deputy Mayor.

(6)The Mayor shall not be eligible to be elected as chairman of anystanding committee.

(7)If the Mayor is, at the time of his election as Mayor, the chairman oran elected member of a standing committee, he shall cease to hold office as suchchairman or member of such committee.

(8)If any vacancy occurs in the office of the chairman of any standingcommittee, the Mayor shall convene a meeting of such committee for the election

60. of another chairman.

Functions of the Deputy Mayor. - (1) When the office of the Mayor isvacant, 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 eightdays, or is incapacitated for more than eight days his functions shall devolve onthe Deputy Mayor until the mayor returns to the city or recovers from hisincapacity, as the case may be.

(3)The Deputy Mayor shall have the power to direct the Chief Commissionerto get the Administration and Audit Reports prepared in time.

(4)The Deputy Mayor shall discharge such functions of the Mayor as may be

161. delegated to him by the Mayor.

61. Resignation of Mayor and Deputy Mayor.- (1) The Mayor may at any timeresign by writing under his hand addressed to the Deputy Mayor and the Deputy Mayormay 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 orthe Deputy Mayor the resignation may be addressed to the RegionalCommissioner

(2)The Regional Commissioner shall hold elections to the Office of Mayorand Deputy Mayor in accordance with such procedure prescribed within onemonth from the date of such vacancy.

(3)In the event of the office of Mayor and Deputy Mayor is vacant, theRegional Commissioner shall discharge the functions of the Mayor till the suchelections as under sub-section (2) is held.

(4)Such a resignation delivered under sub section (1) shall take effect from

62. the date on which it is delivered.

Honoraria, fees or allowances.- (1) From out of the corporation funds suchhonoraria, fees or allowances as may be determined by the Government may be paid toMayor, the Deputy Mayor and the Councilors.

(2)The Corporation shall place at the disposal of the Mayor annually byway of sumptuary allowance such sum not exceeding the limit as may beprescribed:Provided that, the limit shall be as prescribed.

(3)Notwithstanding anything contained in this Act the receipt by anyperson of honorarium, fee or allowance as Mayor, Deputy Mayor or Councilor as

63. aforesaid shall not disqualify him for being elected as or for being a Councilor.

Chief Commissioner.- (1) The Chief Commissioner shall be appointed bythe Government in consultation with the Mayor and he shall not be a member of theCorporation.

(2)The Chief Commissioner shall be an officer not below the rank of thePrincipal Secretary to Government.

(3)The Chief Commissioner shall hold office for a period of two yearssubject to the pleasure of the Government and may be transferred by theGovernment, as may be required for the effective administration of theCorporation.

(4)The transfer of the Chief Commissioner, specified under sub section

(3)shall take place only after due consultation of the Corporation and reasonsshall be recorded for such transfer.

(5)The Chief Commissioner may be transferred from office by theGovernment, upon the recommendation of the Corporation on the followinggrounds, namely,-

(a)Proved to be guilty of misconduct and neglect; and

(b)Incapacity to perform duties assigned to him.

64. Powers and Functions of the Chief Commissioner.-The ChiefCommissioner shall perform the following functions, namely:-

(1)Supervise and direct the Zonal Commissioners on such matters asnecessary under the Act.

(2)Co-ordinate between the Mayor, Deputy Mayor, Council and theZonal Committees for all matters necessary.

(3)Decide on certain inter-zonal matters as may be referred to him bythe Zonal Commissioner.

(4)Undertake such other functions as may be required by him to do so under

162. 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 orsanction of the corporation or the standing committee concerned and subject also to allother restrictions, limitations and conditions imposed by this Act or by any other law forthe time being in force, the executive power for the purpose of carrying out the provisionsof this Act and of any other law for the time being in force which imposes any duty orconfers any power on the corporation shall vest in the Chief Commissioner, who shallalso,

(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 inforce;

(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 shallappear to him or justify or require, notwithstanding that such action cannot betaken under this Act without the sanction, approval or authority of some othermunicipal authority or of the Government:Provided that, the Chief Commissioner shall report forthwith to thestanding committee concerned and to the corporation the action he has takenand the reasons for taking the same and the amount of cost, if any, incurred orlikely to be incurred in consequence of such action which is not covered by acurrent budget grant under the provisions of this Act.

(6)Any powers, duties and functions conferred or imposed upon or vestedin the corporation by any other law for the time being in force shall, subject to theprovisions of such law, be exercised, performed or discharged by the ChiefCommissioner.

(7)The Chief Commissioner may, with the approval of the standingcommittee concerned, by order in writing empower any corporation officer toexercise, perform or discharge any such power, duty or function under his controland subject to his revision and to such conditions and limitation, if any, as he

65. shall think fit to specify.

Chief Commissioner to carry on correspondence.- All correspondencerelating to any matter dealt with, by or under this Act or under any other law betweenthe corporation and the Government or other authority shall be conducted by the ChiefCommissioner and the Chief Commissioner shall send copies of such correspondence to

66. the Mayor.

Delegation of Chief Commissioner's ordinary power.- Subject to therules made by the State Government, the Chief Commissioner may delegate to any officerof the Corporation subordinate to him any of his ordinary powers, duties and functions

67. including such powers as may be prescribed.

Delegation of Chief Commissioner's extraordinary power.- The ChiefCommissioner may on his own responsibility and by order in writing authorise the healthofficer, the engineer, the revenue officer or any other officer who is the head of adepartment working under the Chief Commissioner, or any person in temporary chargeof the duties of any of the officers aforesaid to exercise the extraordinary powers

68. conferred on him by clause (b) of sub-section (5) of section 64.

Custody of records.- The Chief Commissioner shall be responsible for thecustody of all records of the corporation including all papers and documents connected

163. with the proceedings of the corporation, the standing committee and other committees.

69. Control over Corporation establishment.- Subject to the provisions ofthis Act, rules and regulations, the Chief Commissioner shall specify the duties ofpersons borne on the Corporation establishment and exercise powers of supervision and

70. control over them and decide all questions relating to their conditions of service.

Salary and Allowances of the Chief Commissioner.-The ChiefCommissioner shall be paid out of the Corporation Fund such monthly salary andallowances, if any, as may from time to time be fixed by the State Government and shallalso be given such facilities in relation to residential accommodation, conveyance and

71. such other facilities as may be fixed by the Government.

Appointment of officiating Chief Commissioner in case of death,resignation or removal of Commissioner.-If any vacancy occurs in the office of theChief Commissioner on account of death, resignation or removal, the Government mayappoint another Officer not below the rank of the Principal Secretary to Government totake the role of the acting Chief Commissioner in his place for a term not exceeding six

72. months, pending the appointment of a new Chief commissioner.

Zonal Commissioner.- A Zonal commissioner shall be appointed by theGovernment, for each zone notified by it and shall be a person not below the rank of the

73. Secretary to the Government.

Salary and Conditions of the Zonal Commissioner.-The ZonalCommissioner shall be paid out of the Municipal Fund of the state such monthly salaryand such monthly allowances, if any, as may from time to time be fixed by theGovernment and shall also be given such facilities in relation to residentialaccommodation, conveyance and such other facilities as may be fixed by the

74. Government.

Powers and Functions of the Zonal Commissioner.-The ZonalCommissioner 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 hisjurisdiction;

(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

75. any of his ordinary powers, duties and functions as provided under the Act.

Establishment of a Constituency Consultative Committee.- (1) Thereshall be a Committee known as the Constituency Consultative Committee, which shall beestablished by the Government for every assembly constituency in the corporation area.

(2)The Constituency Consultative Committee shall consist of the following membersnamely:-

(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 theGovernment.

(3)The term of nominated members shall be thirty months.

(4)A person shall be disqualified for being nominated as a member of the

164. 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 forbeing elected as a Councillor of a Corporation.

(5)The nominated member shall not have any personal interest in the affairs of

76. the Corporation.

Functions of the Constituency Consultative Committee.- TheConstituency 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

77. improvement of backward Ward.

Establishment of Zonal Committees.-(1)Each Zone of a Corporation shallhave a Zonal Committee consisting of the following members namely:-(a)The Chairperson of the Zonal Committee shall be a councilorrepresenting one of the wards within the Zone who shall be elected amongcouncilors 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 byGovernment; 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 notbe eligible to become Chairperson for the second term.

(4)Officers of the Bengaluru Development Authority and the BengaluruWater Supply and Sewerage Board who are responsible for the maintenance ofservices within the concerned zone shall be ex-officio members of the ZonalCommittee. Police Officers including traffic incharge of the ward, BESCOM Officerincharge of the Zone shall attend the meetings of the Zonal Committees as maybe 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 ofappointment and honorarium of the expert members of the zonal committee.

(7)The Zonal Commissioner shall call for a meeting of the zonal committee atleast once a month and the minutes of every zonal committee meeting shall berecorded, submitted to the Chief Commissioner and published on such mediumsas 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

165. working of the Zonal Committee

78. Powers and Functions of the Zonal Committee.- (1) The Zonal Committeeshall,-(a)Supervise the implementation of any project or scheme of theCorporation which cuts across the boundaries of multiple wards but iswithin the boundaries of the Zone;(b)Issue directions to the respective ward engineer or such otherofficers 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 parksand improvement of the aesthetics of the zone up to such amounts as maybe specified and beyond such amount recommend to the Corporation of suchprojects;(d)Recommend to the Corporation any amendments to the bye-laws ofthe Corporation;(e)Take up discussion on those matters recommended by the wardcommittees, recommend the same to the corporation and issue directions tothe ward committees within its delegated power to undertake suchfunctions;(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 suchapplicable law and procedure. All decisions in the Zonal Committee shall, as faras possible, be arrived at through consensus and where consensus is notpossible, the decision shall be taken by the majority of the members present andvoting.

(3)The Chief Commissioner shall have the power to review and nullifythe decisions of the Zonal Committee if it is of the opinion that such decisions are

79. contrary to the provisions of the Act or any other law for the time being in force.

Allocation of Funds.- (1) The Zonal Committee shall allocate such amountsout of the budget earmarked for the particular zone to the ward committees forundertaking its functions mentioned under Section 78.

(2)Allocation and utilisation of funds to and by the ward committees formaintenance of civic services shall be in the manner prescribed by theGovernment and the ward committee shall be required to furnish a utilizationreport to the zonal committee in such time period and such formats as may be

80. prescribed.

Establishment of Standing Committees.-(1) There shall be the followingStanding Committees for the Corporation,-(a)Standing Committee for taxation and finance and appeals(b)Standing Committee for public health, solid waste and disastermanagement.(c)Standing Committee for establishment and administrative reforms;(d)Standing Committee for markets.(e)Standing Committee for Ward level Public works, town planning andinfrastructure(f)Standing Committee for Education and social justice(g)Standing Committee for Horticulture166(h)Standing Committee for Audit and Accounts

(2)Each Standing Committee shall consist of fifteen councillors whoshall be elected by the Council.

(3)Each Standing Committee shall have a chairperson who shall beelected by the members of such standing committee on its first meetingof thecorporation after the general elections and at the first meeting in the same monthin each succeeding year according to the principle of proportionate representationby 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 allthe standing committees.

(6)A person shall cease to be a member of the standing committee if heceases to be a Corporation member or if he absents himself without thepermission of the standing committee for three consecutive meetings of thestanding committee.

(7)Where a casual vacancy occurs in the membership of a standingcommittee it shall be filled by the Corporation by the election of another Palikemember. The person so elected shall hold office only so long as the person inwhose 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 anytime by notice in writing addressed to the chairman of the standing committee orwhere there is no Chairman to the Mayor and delivered to the Chairman or as thecase may be to the Mayor and such resignation shall take effect from the date on

81. which it is delivered.

Powers and Functions of the Standing Committee.-(1) Subject to theprovisions of the Act and the rules made thereunder, the powers and functions of theStanding 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 allmatters 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 publichealth, waste and disaster management;

(c)The Standing Committee on infrastructure shall deal with all

matters relating to infrastructure;

(d)The Standing Committee for appeals shall hear all appeals

required under the Act;

(e)The Standing Committee for establishment and administrative

reforms shall deal with all matters relating to establishment andadministrative 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 highersecondary education including physical education and sports and playgrounds;

(h)the Standing Committee for Social Justice shall deal with all

matters relating to securing the social justice to persons belonging to the

d Castes and Scheduled Tribes and other weaker sections of the society

and women;

167

(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.

82. Constitution of the Ward Committee.-There shall be a Ward Committee

83. for each Ward of the Corporation.

Composition of the Ward Committee.- (1) There shall be a WardCommittee 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 Committeeshall be women and at least one fourth of the members nominated to the WardCommittee shall belong to Scheduled Castes and/ or Scheduled Tribes.

(3)All Area Sabha representatives falling within the jurisdiction of theward shall be invitees to the meetings of the Ward Committee but shall not havethe right to vote.

(4)A person shall be disqualified for being nominated as a member of theWard Committee or to continue as such member, if under the provisions of theAct, for the time being in force, he would be disqualified for being elected as aCouncillor of a Corporation.

(5)The term of office of the Ward Committee shall be co-terminus with the

84. term of office of the Corporation.

Procedure for nomination as a member of the Ward Committee.-TheChief Commissioner or an officer authorized by the Chief Commissioner shall, withinthirty days of the completion of the Corporation election shall nominate members to the

85. wards committee.

Meeting of the Ward Committee.-(1)The Ward Committee shall meet atleast once in a month for discharging the duties and performing the functions as are

168. assigned to it under the Act, from time to time.

(2)An officer of appropriate rank shall be designated by the ZonalCommissioner of the respective zone to act as Secretary for each WardCommittee, who shall also be a member of the ward committee, to provideadministrative assistance to it.

(3)All minutes of the proceedings of the meeting of the Ward Committeeshall be recorded by the Secretary and a copy of the same shall be forwarded tothe Corporation.

(4)The meeting of the Ward Committee shall be convened by theSecretary of the Ward Committee in consultation with Chairperson.

(5)No meeting of the ward committee shall be held on a public holidayand 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 themeeting is to be held and of the agenda has been given at least five days beforethe 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 thebasis of simple majority.

(9)No act or proceedings undertaken under this Act by the WardCommittee 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 therepresentatives of concerned departments of the Corporation as special invitees toparticipate in the meetings.

(12)The Chairperson, or in her absence, a member chosen, by themembers present, from among themselves, shall preside over the meeting.

(13)The manner of conduct of business at the meetings of the Ward

86. Committee shall be such as may be prescribed.

Functions of the Ward Committee.- (1) The Ward Committee shalldischarge 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 MetropolitanPlanning Committee and the Corporation, in the form of a priority listspecifying the projects and schemes proposed to be implemented in thefollowing financial year for allotment of funds and ensure proper utilizationof 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 theformulation of the Annual Ward Development Plan, giving due publicity andnotice 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 behalfand send it for the consideration of the Area Sabha concerned, and preparethe final list based on the inputs of the Area Sabha for submission to theZonal Committee;

(f)ensure proper utilization of the funds allotted under ward development

169. scheme in the ward.

(g)approve the list of beneficiaries for beneficiary oriented schemes of theCorporation submitted by Area Sabhas falling under that ward;(h)scrutinize list of ineligible beneficiaries submitted by the Area Sabhas andsubmit it to the Corporation;(i)supervise all programmes and schemes being implemented by theCorporation in the ward;(j)ensure timely collection of taxes, fees and other sums due to theCorporation;(k)ensure water supply maintenance in the ward and finalize location of newpublic taps and public wells;(l)ensure sewerage system maintenance in the ward;(m)ensure proper solid waste management and sanitation work in the wardand finalize location of new public sanitation units;(n)ensure maintenance of street lighting in the ward and finalize location ofnew 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 forimplementation of Ward Development Scheme and various programmesand schemes of Corporation;(q)inform the Corporation regarding any encroachment of land belonging tothe 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 Corporationas per its bye-laws.

(2)The procedure to be adopted by the Ward Committee in the transaction of itsbusiness shall be such as may be prescribed.

(3)The Corporation shall provide an office space and secretarial staff for the workingof the Ward Committee

(4)The recommendations of the ward committee shall be advisory in nature.87. Allocation of Funds.-(1)The Zonal Committee shall allocate such amountsout of the budget earmarked for the particular zone to the ward committees formaintenance of services like water supply, sanitation, drains, street lights, parks,markets among others in the ward.

88. prescribed.

Appointment of sub-committees.-The Ward Committee may, from time totime, appoint sub committees as it may think fit and may refer to such sub-committeesfor opinion or enquiry on any matter relating to the functions entrusted to the Ward

89. Committee.

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

90. exceeding five contiguous polling stations may be determined as an area.

Constitution of Area Sabhas.- (1) Each ward shall be divided into suchnumber 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

170. that Area Sabha.

91. Representatives of the Area Sabha.-(1) There shall be an Area SabhaRepresentative for each area to be nominated by the Zonal Committees from therepresentatives of the civil society in the manner as may be prescribed.

(2)The qualifications and disqualifications prescribed for getting electedas member of Corporation and for holding the office as Member of Corporationunder the relevant provisions of the Act shall apply mutatis mutandis for therepresentative 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

92. co-terminus with that of the Corporation.

Meetings of the Area Sabha.-(1) The Area Sabha shall meet at least oncein a month.

(2)The Area Sabha Representative shall preside over the meeting of theArea Sabha.

(3)An officer of appropriate rank shall be designated by the ZonalCommissioner to act as a nodal officer for each Area Sabha and who shall provideall administrative assistance to the Area Sabha Representative in conductingmeetings of the Area Sabha.

(4)The nodal officer shall be the convener of the Area Sabha meetingsand shall convene the meeting in consultation with the Area SabhaRepresentative.

(5)All minutes of the proceedings of the meeting shall be recorded by thenodal officer and a copy of the same shall be forwarded by him to the WardCommittee.

(6)All decisions in the Area Sabha shall be as far as possible be arrivedat through a consensus of all the members present. Where consensus is not

93. possible, the decision shall be taken by the majority of the members present.

Functions of the Area Sabha.-An Area Sabha shall perform and dischargethe 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 andforward the same to Ward Committee for inclusion in the development planof 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 thelist of beneficiaries in order of priority and forward the same to WardCommittee 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 areain 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 tosuggest the remedial measures to the Ward Committee;

(g)to suggest the location of street lights, public taps, public

171. wells, public toilets to the Ward Committee; and

(h)to assist in the activities of public health centres in the area;

94. and to perform such other functions as may be prescribed.

Power of councillors.- (1) Any councillor may draw the attention of theproper authority to any neglect in the execution of corporation work, to any waste ofcorporation property or to the wants of any locality, and may suggest any improvementswhich he considers desirable.

(2)Every councillor shall have the right to interpellate on mattersconnected with the corporation administration subject to the regulations framedin this behalf.

(3)The Corporation member shall have the right to represent the interestsof the ward from which he is elected in the Corporation and may draw theattention of the Mayor to the proposals and resolutions made by the Ward

95. Committee of which he is the Chairperson.

Honorarium for Corporation members: (1) From out of the Corporationfunds such honoraria, fees or allowances as may be determined by the Government maybe paid to the Corporation members.

(2)Notwithstanding anything contained in this Act the receipt by any personof honorarium, fee or allowance as Corporation member as aforesaid shall not

96. disqualify him for being elected as or for being a Corporation member.

Appeal to the Election of Mayor, Deputy Mayor etc.-(1) Any personaggrieved by the decision of the Regional Commissioner or the Chief Commissioner withrespect to election to the office of the Mayor, Deputy Mayor, Members and Chairperson ofthe standing committees may appeal against such decisions to the Karnataka AppellateTribunal 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 matterrelating to the election, appointment or removal of the Mayor, Deputy Mayor,Members and Chairperson the Mayor or Deputy Mayor, members and chairmanof the standing committees unless such suit is authorised by the provisions ofthis Act or any rule made under this Act.

Chapter VI
Corporation officers and servants and their appointments and

97. conditions of service

Appointment to certain posts under the corporations to be made fromKarnataka Municipal Administrative Service.- (1) Notwithstanding anything containedin this Act or in any other law for the time being in force such of the posts under thecorporation as are included in the Karnataka Municipal Administrative Service shall befilled by the Government by appointment of officers belonging to the KarnatakaMunicipal Administrative Service.

(2)Subject to the provisions relating to recruitment and conditions ofservice applicable to them , the officers of the Karnataka MunicipalAdministrative Service referred to in sub-section (1) shall, for the period of theirservice under the corporation, be governed by the provisions of this Act, the rules,the regulations or the bye-laws framed thereunder.

(3)The Corporation shall contribute such percentage of its revenues insuch manner and at such times as the Government may by order determine, to

172. meet the expenditure in respect of salaries, allowances, pension, provident fund,

gratuities and other necessary expenses payable to the officers of the KarnatakaMunicipal Administrative Service shall be made by the Commissioner under thecorporation.

(4)If the Corporation fails to pay the amount required to be paid undersubsection (3), the Government may direct the officer having custody of thecorporation fund to pay such amount or so much thereof as is possible from the

98. balance of the corporation fund in his hands.

Appointment of Engineer, Health Officer etc.- (1) The Government shalldepute for the corporation such officers from the respective departments of the StateCivil Services as it considers suitable to be the Engineer, Town Planner, Health Officer,Revenue Officer, Chief Accounts Officer and Council Secretary for the efficientfunctioning of the corporation and such officers shall be heads of their respectivedepartments in the corporation and they shall be subordinate to the ChiefCommissioner. The Government may also depute such number of DeputyCommissioners and Assistant Commissioners, as may be required, who shall exercisesuch powers and discharge such functions as may be prescribed in the rules. They shallbe subordinate to the Zonal Commissioner.

(2)The Government shall depute a Chief Town Planner of the rank of theDirector of Town and Country Planning who shall be subordinate to the ChiefCommissioner and Zonal Town Planner at Zonal office not below the rank of DeputyDirector of Town and Country Planning and such other officers from the Department ofTown and Country Planning qualified in Town and Country Planning who shall besubordinate to the Zonal Commissioner, to assist the corporation in the matter relatingto Town Planning.

(3)The Government shall, in consultation with the Mayor, appointan officer not below the rank of an Assistant Commissioner to be the councilsecretary. The officer appointed shall be on deputation ordinarily for a period ofthree years and if the corporation by two thirds majority of its members so desirehe shall be withdrawn earlier and another person shall be appointed. It shall bethe duty of the council secretary to attend every meeting of the corporation andthe standing committees and he shall perform such other duties as are imposedon him by or under this Act.

(4)The officers appointed under sub-section (1) shall be whole-time officers of the corporation and shall not undertake any work unconnected

99. with their offices.

Legal cell.- (1) There shall be a legal cell in the corporationconsisting of such number of officers possessing such qualifications as may beprescribed.

(2)The corporation shall consult the legal cell on all matters pertainingto the interpretation of the provisions of this Act and the Rules, Regulations andbye-laws made there under and also in matters pertaining to the institution,defence or conduct of suits and other legal proceedings to which the corporationis a party.

(3)The expenditure on the legal cell shall be met out of the corporation

100. funds.

Special appointments.- The Corporation may appoint,-

(a)special health officers for the purpose of making investigations and

173. proposing preventive or remedial measures with special reference to the

occurrence of any unusual mortality or the prevalence or apprehended out breakof any dangerous disease within the city;

(b)engineers, architects or experts in town improvement or town

planning for the purpose of preparing, executing or supervising any scheme ofwork undertaken by the corporation;

(c)special revenue officers for the purpose of introducing a new tax or

discharging any duty connected with the revenue administration of thecorporation:Provided that,-

(i)no such special office shall be created without the sanction of the

Government;

(ii)the period of duration of any such officer, the salary, the allowances

and the conditions of service attaching thereto shall be fixed by the corporation,subject to the sanction of the Government, and shall not be varied without the

101. like sanction.

Contribution in respect of Government servants.- (1) If an officer orservant serving or having served under the corporation is or has been transferred from orto the service of the Government or is employed partly under the Government and partlyby the corporation, the corporation shall make such contribution towards his leaveallowances, pension and provident fund as may be required to be made by him or on hisbehalf under the rules and regulations of the branch of Government service to which hebelongs.

(2)Every Government servant employed by the corporation shallbe entitled to salary, leave and other privileges in accordance with the rules and

102. regulations of the branch of Government service to which he belongs.

Establishment schedule.- (1) The Chief Commissioner shall lay before thestanding committee for taxation, finance and appeals or establishment andadministrative reforms as the case may be a Schedule setting forth the designations andgrades of the officers and servants who should in his opinion constitute the corporationestablishment and embodying his proposals with regard to the salaries, fees andallowances payable to them.

(2)The standing committee may either approve or amend such

as it thinks fit and shall lay it before the corporation with its

remarks, if any.

(3)The Corporation shall sanction such schedule with or withoutmodifications as it thinks fit and may from time to time amend it at theinstance of the Chief Commissioner and standing committee:Provided that, no new office shall be created without the sanction of the

103. Government if the maximum monthly salary exceeds Rupees ten thousand.

Reservation of posts for appointment.- In making appointments theappointing authority shall reserve adequate number of posts for the Scheduled Castes,the Scheduled Tribes and socially and educationally backward classes of citizens in thesame manner and to the same extent as is applicable for the recruitment to posts in the

104. State Civil Services.

Punishment for corporation officers and other employees.- (1) Everycorporation officer or other corporation employee shall be liable to have his increments orpromotion with-held or to be censured, reduced in rank, compulsorily retired, removed ordismissed for any breach of any departmental rules or regulations or of discipline or forcarelessness, unfitness, neglect of duty or other misconduct by such authority as may be

174. prescribed:

Provided that no such officer or other employee as aforesaid shall bereduced in rank, compulsorily retired, removed or dismissed by any authoritysubordinate to that by which he was appointed:Provided further that the corporation employees belonging to such classesor categories as may be prescribed by the rules shall be liable also to be fined bysuch authority as may be specified therein.

(2)No such officer or other employee shall be punished under sub-section

(1)unless he has been given a reasonable opportunity of showing cause againstthe action proposed to be taken in regard to him:Provided that this sub-section shall not apply,-

(a)where an officer or other employee is removed or dismissed on the

ground of conduct which has led to his conviction on a criminal charge; or

(b)where the authority empowered to remove or dismiss such officer

or other employee is satisfied that for reasons to be recorded by thatauthority it is not reasonably practicable to give that person anopportunity for showing cause.

(3)If any question arises whether it is reasonably practicable to give to anyofficer or other employee an opportunity of showing cause under sub-section (2)the decision thereon of the authority empowered to remove or dismiss such officeror other employee shall be final.

(4)Any officer or other employee upon whom a punishment has beenimposed under this section may appeal to such officer or authority as may be

105. prescribed.

Power of Government to make rules regarding the conditions of serviceapplicable to employees.- (1) The Government may by rules provide for the followingmatters namely:-(a)the tenure of office, salaries and allowances, provident fund, pension,gratuity, leave of absence and other conditions of service of officers and otheremployees appointed under this Chapter;(b)the procedure to be followed in imposing any penalty under sub-section

(1)of section 104, suspension pending departmental inquires before theimposition of such penalty and the authority by whom such suspensions may beordered; the officer or authority to whom an appeal shall lie under sub-section (4)of that section;

(c)any other matter which is incidental to or necessary for the purpose of

regulating the appointment and conditions of service of persons appointed toservices and posts under the Corporation and any other matter for which, in theopinion of the Government, provision shall be made by rules.

Chapter VII
POWERS AND FUNCTIONS OF THE CORPORATION

106. General powers of the Corporation.-(1)Subject to the provisions of thisAct and the rules, regulations and bye-laws made thereunder the municipal governanceof Bengaluru shall vest in the Corporation.

(2)Without prejudice to the generality of the provisions of sub-section (1),it shall be the duty of the Corporation to exercise such powers, perform such

175. functions and discharge such duties prescribed by and under this Act.

107. Powers and Functions of the Corporation.-(1)The Corporation shall havethe power and responsibility to prepare and implement schemes for urban developmentand social justice in relation to the matters enumerated in the First Schedule, subject tothe provisions of this Act and the provisions of the other Acts, rules and such otherprovisions as may be prescribed in this behalf:Provided that, it shall be the duty of the Corporation to rendernecessary services to the inhabitants of the Corporation area in respect of thematters enumerated as core functions in the First Schedule;

(2)The Corporation shall have such powers, authority andresponsibilities, 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 inthe First Schedule, by the Government shall be wholly allotted to the Corporation.

(4)The Corporation shall manage institutions and administer theschemes allocated to it, subject to the guidelines and technical directions fromthe Government and in accordance with the State and National policies.

(5)Where any development scheme, project or plan involves selection ofbeneficiaries, the criterion for the eligibility and priority for such selection shall bedetermined by the Corporation subject to the terms and conditions of suchscheme, project or plan and such criteria shall be published in the prescribed

108. manner and shall be intimated to the Ward Committee concerned.

Additional Functions assigned by the Government.-(1)The Corporationmay, subject to the underwriting of the costs by, and approval of, the CentralGovernment or the State Government, as the case may be, undertake any functionbelonging to the functional domain of the Central Government or the State Governmentas 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 povertyalleviation.

(2)The Corporation may also, subject to the orders of the StateGovernment, 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.

109. First charge on Corporation Fund.-(1)The core functions of thecorporation shall constitute the first charge on the Corporation fund.

(2)Subject to the satisfactory performance of the core functions and theavailability of Corporation funds, the Corporation shall undertake or perform, orpromote the performance of any of the general functions or sector-wise functionsreferred in the First Schedule.

Chapter VIII
PROCEDURE OF THE CORPORATION AND COMMITTEES

110. Proceedings of the Corporation and standing committees.- (1) The firstmeeting of the corporation after the general election shall be held as early as possibleafter the publication of the results of such election and shall be convened by the ChiefCommissioner. It shall be presided over by the Regional Commissioner of the revenueregion having jurisdiction.

(2)The meetings of the corporation and the standing committees shall be

176. held in the office of the corporation and the business before them shall be

disposed of in accordance with the prescribed procedure. Notices of suchmeetings shall be issued by the council secretary who in the case of meetings ofthe corporation shall do so in consultation with the Mayor and the ChiefCommissioner and in the case of meetings of a standing committee inconsultation with the chairman of such committee and the Chief Commissioner.Every notice shall specify the agenda for the meeting. Ordinarily no subject notincluded in the agenda shall be taken up at the meeting except mattersconsidered urgent by the Mayor or the chairman which may be considered ifsupplementary agenda in respect thereof has been circulated among thecouncillors or members before the meeting.

(3)The corporation may require any of its officers to attend any meeting of thecorporation at which any matter dealt with by such officer in the course of his duties isbeing discussed when any officer is thus required to attend any such meeting he may becalled upon to make a statement of facts or supply such information in his possession

111. relating to any matter dealt with by him as the corporation may require.

Obligation laid on remaining Corporation authorities to carry outresolutions of the corporation.- The committees constituted under this Act and theChief Commissioner shall be bound to give effect to every resolution of the corporationunless such resolution is cancelled in whole or in part by the Government:Provided that, if, in the opinion of the Chief Commissioner any resolution of thecorporation or a committee constituted under this Act contravenes any provision of thisAct or any other law or of any rule, notification, regulation or bye-law made or issuedunder this Act or any other law, or of any order passed by the Government or isprejudicial to the interests of the corporation he shall, within fifteen days of the passingof the resolution, refer the matter to the Government for orders and inform thecorporation or the committee, as the case may be, of the action taken by him at its nextmeeting and until the orders of the Government on such reference are received, the Chief

112. Commissioner shall not be bound to give effect to the resolution.

The Corporation may call for extracts from proceedings, etc., from thestanding committee, etc.- The corporation may at any time call for any extract fromany proceedings of any committee constituted under this Act, and any return, statement,account or report concerning or connected with any matter with which any suchcommittee is empowered by or under this Act to deal; and every such requisition shall be

113. complied with by the committee without unreasonable delay.

Proceedings of the corporation, etc., not vitiated by disqualification,etc., of members thereof.- (1) No act done or proceeding taken under this Act shall bequestioned merely on the ground,-(a)of any vacancy or defect in the constitution of the corporation or of anystanding committee; or(b)of any defect or irregularity in such act or proceeding, not affecting themerits of the case.

(2)No disqualification of or defect in the election or appointment of any personacting as a councillor, Mayor or the Deputy Mayor or as the chairman or a member ofany standing committee appointed under this Act shall be deemed to vitiate any actor proceedings of the corporation or of any such standing committee in which suchperson has taken part provided that the majority of the persons who were parties to

177. such act or proceedings were entitled to act.

114. Record of proceedings.- Proceeding of the meetings of the corporation andthe standing committees shall be recorded by the council secretary and shall be placed

115. before the next meeting for confirmation.

Proceedings of meetings to be good and valid until contrary is proved.-Until the contrary is proved, every meeting of the corporation or of a standing committeein respect of the proceedings whereof a minute has been made and signed in accordancewith this Act or the rules shall be deemed to have been duly convened and held and to befree from all defects and irregularities, and all the members of the meeting shall bedeemed to have been duly qualified; and where the proceedings are proceedings of astanding committee such standing committee shall be deemed to have been duly

116. constituted and to have had power to deal with the matters referred to in the minute.

The Chief Commissioner's right to attend and take part in discussionbut not to move resolution or to vote.- (1) The Chief Commissioner shall have theright to attend the meetings of the corporation and of any standing committee and totake 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 corporation or of a standing committee

117. if required to do so by the Mayor.

The Councillors to refrain from taking part in discussion and voting onquestions in which they have pecuniary interest.- (1) No councillor shall vote on ortake part in the discussion of, any question coming up for consideration at a meeting ofthe corporation or any standing committee, if the question is one in which apart from itsgeneral application to the public he has any direct or indirect pecuniary interest byhimself or his partner.

(2)The Mayor or chairman may prohibit any councillor from voting on or partaking inthe discussion of, any matter in which the councillor is believed to have such interestor he may require the councillor to absent himself during the discussion.

(3)Such councillor may challenge the decision of the Mayor or chairman, whoshall thereupon put the question to vote and the decision of the meeting shall befinal.

(4)If the Mayor or chairman is alleged by any councillor present at the meeting tohave any such interest in any matter under discussion, he may, on the motion ofsuch councillor if carried, be required to absent himself from the meeting during thediscussion.

(5)The councillor concerned shall not be entitled to vote on the question referredto in sub-section (3) and the Mayor or chairman concerned shall not be entitled to

118. vote on the motion referred to in sub-section (4).

Submission of administration report to the Government.-(1) As soon asmay be after the first day of April in every year and not later than such date as may befixed by the Government the corporation shall submit to the Government, a detailedreport of the administration during the preceding year in such form as the Governmentmay direct.

(2)The Chief Commissioner shall prepare such report and the corporation shallconsider the report and forward the same to the Government with its resolutionsthereon, if any.

(3)Copies of the administration report shall be kept for sale at the corporation

178. office.

Chapter IX
ESSENTIAL SERVICES

119. Declaration of Essential Services, etc.- (1) The corporation may from timeto time declare such classes of its services as it considers necessary to be essentialservices.

(2)No member of an essential service shall,-

(a)without the written permission of the Chief Commissioner or any officer

authorised by him in this behalf, resign his office, withdraw or absent himselffrom the duties thereof without at least two month's notice given in writing to theChief Commissioner, except in the case of illness or accidents disabling him forthe discharge of his duties or other reason accepted as sufficient by the ChiefCommissioner or such officer: or

(b)neglect or refuse to perform his duties or wilfully perform them in a

manner which, in the opinion of the Chief Commissioner or such officer, is

120. inefficient.

Power of the Government to declare emergency.- If the Government is ofthe opinion that the stoppage or the cessation of the performance of any of the essentialservices will be prejudicial to the safety or health or the maintenance of services essentialto the life of the community in the corporations, it may, by notification declare that anemergency exists in the city and that in consequence thereof no member of such of theessential services and for such period as may be specified in the notification,notwithstanding any law for the time being in force or any agreement, shall,-

(a)withdraw or absent himself from his duties except in the case of illness

or accident disabling him from the discharge of his duties, or

(b)neglect or refuse to perform his duties or wilfully perform them in a

manner which in the opinion of such officer as the Government may specify in thisbehalf, is inefficient.

Chapter X
POWER OF THE GOVERNMENT

121. Power of the Government to call for records and to cause inspection tobe made.-(1) The Government may at any time require the corporation or the ChiefCommissioner,-(a)to produce any record, proceedings, correspondence, plan, orother document;(b)to furnish any return, plan, estimate, statement, account orstatistics relating to the proceedings, duties or works of the corporation orany of the corporation authority;(c)to furnish or obtain and furnish, any report.

(2)Any officer of the Government authorised by the Government in thisbehalf by a general or a special order shall have power,

(a)to enter on, and inspect, or cause to be entered on and inspect

any immovable property occupied by the Corporation or any institutionunder its control or management or any work in progress under it or in itsdirection;

(b)to call for any extract from a proceeding of the Corporation or of

any committee or from any book or document in the possession of, orunder the control of corporation;

(c)to require a corporation to take into consideration any objection

179. which appears to him to exist to the doing of anything which is about to be

done or is being done by such corporation or any information which he isable to furnish and which appears to him to necessitate the doing of acertain thing by Corporation and to make a written reply to him within areasonable time stating its reasons for not desisting from doing or not doingsuch thing.

(3)The Corporation and every Corporation authority and all corporationofficers and other corporation employees shall be bound to afford the officerauthorised under subsection (2) access at all reasonable time to the premises andproperties of the corporation and to all records, accounts and other documentsthe inspection of which he may consider necessary to enable him to discharge hisduties.

(4)The officer authorised under sub-section (2) may, after such inspection,

122. make a report to the Government.

Power of the Government to take action in respect of matters pendingundisposed of before the corporation.- (1) The Government may at any time call fromthe Chief Commissioner the records relating to the business pending before thecorporation and on receipt of such records, it may examine the same.

(2)If on such examination and after such enquiry as it thinks necessary, itis found that in respect of any matter which is pending before the corporation formore than three months from the date on which any such matter was broughtbefore the corporation or is pending before a standing committee for more thansixty days after it was placed before it, urgent decision is necessary in the interestof administration of the corporation, then the Government may, notwithstandinganything in this Act,-

(i)after giving the 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 corporation and be disposed of on thatbasis:Provided that, no such notice shall be necessary in respect of any matterpending before the corporation which is of public importance and the decision ofthe Government whether the matter is of public importance or not, shall be final.

(3)Every order passed by the Government under this section shall becommunicated to the Chief Commissioner who shall give effect to such order

123. expeditiously as if such order is a resolution of the corporation.

The Government's power to direct the taking of action.- If, on receipt ofany information or report obtained under sections 121 and 122 or otherwise Governmentis of opinion,-

(a)that any duty imposed on any 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, after giving notice ofnot less than fifteen days, by order, direct the corporation or the ChiefCommissioner within a period to be specified in the order, to makearrangements to their satisfaction for the proper performance of the duty,or to make financial provision to its satisfaction for the performance of theduty, as the case may be, and the corporation or the Chief Commissionershall comply with such orders:

180. Provided that no notice shall be necessary in urgent cases.

124. The Government's power to appoint an officer to take action indefault, at the expense of the corporation.- (1) If within the period fixed by an orderissued under section 123 any action directed under that section has not been dulytaken, the Government may, by order,-(a)appoint an officer of the Government to take the action sodirected;(b)fix the remuneration to be paid to him; and(c)direct that such remuneration and the cost of taking such actionshall be defrayed out of the corporation fund, and if necessary, that anyone or more of the taxes authorised by Chapter XIII of this Act shall belevied or increased but not so as to exceed any maximum laid down in thisAct.

(2)For the purpose of taking action directed as aforesaid, the officerappointed under sub-section (1) shall have power to make such contracts asare necessary and may exercise any of the powers conferred on anyCorporation authority by or under this Act and specified in this behalf in theorder issued under sub-section (1), and shall be entitled to protection underthis Act as if he were a Corporation authority.

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

(4)The provisions of sections 184 to 189, 191, 192, 202 to 205 shall, as

125. far as may be, apply to any loan raised in pursuance of this section.

Submission of copies of resolution to the Government and theGovernment's power to cancel resolution and orders.-(1) The Chief Commissionershall submit to the Government copies of all resolutions of the corporation.

(2)If the Government is of opinion that the execution of any resolution ororder of the corporation or of any other authority or officer subordinate thereto orthe doing of any act which is about to be done or is being done by or on behalf ofthe corporation is in contravention of or in excess of the powers conferred by thisAct or of any other law for the time being in force or is likely to lead to a breach ofthe peace or to cause injury or annoyance to the public or to any class or body ofpersons or is prejudicial to the interest of the corporation it may by order inwriting, suspend the execution of such resolution or order, or prohibit the doingof any such act after issuing a notice to the corporation to show cause within adate to be specified which shall not to be less than fifteen days why,-

(a)the resolution or order may not be cancelled in whole or in part, or

(b)any bye-law or regulation concerned may not be repealed in whole or in

part.

(3)Upon consideration of the reply, if any, received from the corporationand after such enquiry as it thinks fit, the Government may pass orderscancelling the resolution or order or repealing the bye-law or regulation andcommunicate the same to the corporation.

(4)The Government may at any time, on further representation by thecorporation or otherwise, revise, modify or revoke an order passed under sub-

181. section (3).

126. Power of the Government to dissolve the corporation.- (1) If in theopinion of the Government the corporation is not competent to perform or makes defaultin the performance of any of the duties imposed on it or undertaken by it, by or underthis Act or any other law for the time being in force or exceeds or abuses its powers orfails to carry out the directions or orders given by the Government to it under this Act orany other law or is acting in a manner prejudicial to the interests of the corporation, theGovernment may, by an order published, together with a statement of the reasonstherefor, in the official Gazette, declare the corporation to be incompetent or in default orto have exceeded or abused its powers, or to have failed to carry out the directions givento it, or to have acted in a manner prejudicial to the interests of the corporation, as thecase may be, and may dissolve it:Provided that before making an order of dissolution as aforesaidreasonable opportunity shall be given to the corporation to show cause why suchorder should not be made.

(2)When the corporation is dissolved by an order under sub-section (1), thefollowing consequences shall ensue,-

(a)all the councillors of the corporation shall, on such date as may be specified in

the order, cease to hold office as such councillors without prejudice to theireligibility for election under sub-section (8);

(b)during the period of dissolution of the corporation, all powers and duties

conferred and imposed upon the corporation and the standing committees of thecorporation by or under this Act or any other law shall be exercised and performedby an Administrator appointed by Government in that behalf;

(c)all property vested in the corporation shall, until it is reconstituted, vest in

Government.

(3)The Government may direct that the Administrator shall be a whole-time officerand when such a direction is issued, he shall be paid out of the corporation funds suchmonthly salary and allowances as Government may from time to time, by order,determine and the corporation shall make such contribution towards the leaveallowances, pension and provident fund of the officer as may be required by theconditions of service under the Government, to be paid by him or for him, as the casemay be.

(4)During the period of dissolution of the corporation, references in anyenactment or law for the time being in force to the Mayor of the corporation shall beconstrued as references to the Administrator appointed under section 127.

(5)During the period of dissolution of the corporation, the Administrator shall inthe discharge of his functions be guided by such directions in matters of policyinvolving Corporations public interest as the Government may by order specify; and ifany question arises whether a direction relates to a matter of policy involving publicinterest the decision of the Government shall be final.

(6)The Government may, by notification, appoint an advisory committeeconsisting of not less than fifteen and not more then twenty-five persons who shall bequalified to become councillors under this Act to assist the Administrator.

(7)When the Corporation is dissolved it shall be reconstituted in the manner

182. 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 dissolvedCorporation would have continued is less than six months it shall not be necessary tohold an election under this section for constituting a Corporation for such period.

(8)A corporation constituted upon the dissolution before the expiration of itsduration shall continue only for the remainder of the period for which the dissolvedcorporation would have continued had it not been so dissolved.

(9)An order of dissolution of the corporation under sub-section (1) together with astatement of the reasons therefor shall be laid before both Houses of the State

127. Legislature as soon as may be after it is made.

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

(2)When the Corporation is dissolved, the Government shall, bynotification, appoint an administrator, for such period as may be specified in thenotification and may, by the said notification, either curtail or extend the periodof such appointment, as may be necessary.

(3)Notwithstanding anything contained in this Act, on the appointment ofan Administrator under this section, during the period of such appointment, thecorporation and all authorities working under the Corporation charged withcarrying out the provisions of this Act or any other law, shall cease to exerciseany powers and perform and discharge any duties or functions conferred orimposed on them by or under this Act or any other law, and all such powers shallbe exercised and all such duties and functions shall be performed and dischargedby the Administrator or by other officers Authorised by the Administrator.

(4)The Administrator appointed under this Act shall be paid out of thecorporation funds such monthly salary and allowances as Government may fromtime to time, by order, determine and the corporation shall make suchcontribution towards the leave allowances, pension and provident fund of theofficer as may be required by the conditions of service under the Government, tobe paid by him or for him, as the case may be.

(5)From the date of dissolution of the corporation, the Administrator shallin the discharge of his functions be guided by such directions in matters of policyinvolving public interest as the Government may by order specify; and if anyquestion arises whether a direction relates to a matter of policy involving public

128. interest, the decision of the Government shall be final.

Establishment of performance management system - (1) TheCorporation shall establish a performance management system to improve theeffectiveness of its officers and for the overall improvement of the management of theCorporation and also establish mechanisms to monitor and review its performance.

(2)The Government may help the Corporation in developing the performancemanagement system for the Corporation and submit the proposed system to theCorporation for adoption.

(3)The performance management system of the Corporation shall,-

(a)set appropriate key performance indicators as a yardstick for

measuring performance, including outcomes and impact, with regard to theCorporation development priorities and objectives;

(b)set measurable performance targets with regard to each of those

183. development priorities and objectives;

(c)measure and review the actual performance against the setperformance indicators and targets;(d)take steps to improve performance with regard to those developmentpriorities and objectives where performance targets are not met; and(e)establish a process of regular reporting to the Mayor, ChiefCommissioner or Zonal Commissioner as the case may be.

(4)The Corporation shall publish the performance indicators in public domainand ensure its integration for the purposes of promotion of any of its officers.

Chapter XI
PROPERTY OF THE CORPORATION

129. Property of the corporation.-(1)The following properties shall belong to thecorporation unless specifically owned and controlled by the Government:(a)All public parks, playground and open spaces reserved forventilation; and(b)All public lamps, lamp post apparatus connected therewithappertaining thereto, all gates, markets, slaughterhouses, manure and refugedepots and public buildings of every description.

(2)All properties specified under this section and not specifically ownedand controlled by the Government under the section shall belong to thecorporation and be subject to such direction, management and control of the

130. corporation.

Disposal of property by the corporation.-(1)Subject to the provisions ofthis Act, the Chief Commissioner may dispose of by sale any immovable property of thecorporation with prior approval of the Government or enter into such lease for theutilization of any right over such produce or benefit emerging from such immovableproperty.

(2)The Chief Commissioner may dispose of by sale any immovableproperty of the corporation with prior sanction of the Government.

(3)Any sale of immovable property by the Chief Commissioner shall beby way of public auction, the procedure of which shall be prescribed.

(4)The Chief Commissioner may lease such immovable properties of thecorporation for a term not exceeding five years with the previous sanction of theconcerned standing committee.

(5)The Chief Commissioner may lease such immovable properties of thecorporation for a term between five and fifteen years with the previous sanction ofthe Council.

(6)If the term of any lease sought to be entered by the corporation isabove fifteen years, the Chief Commissioner may enter into such lease agreementwith the prior approval of the Government.

(7)No sale or lease shall be undertaken by the corporation withoutseeking the view of the concerned zonal committee.

(8)The corporation shall specify such conditions for sale and lease,which shall be the basis for any approval that may be accorded by the standing

131. committee or the mayor under the section.

Acquisition of the property by the corporation.-(1)The Chief

184. Commissioner if on behalf of the corporation seeks to acquire any immovable property,

the Chief Commissioner may do so provided such intent of acquisition is approved by themayor.

(2)Any acquisition that may be undertaken as per sub section (1) shall bein accordance with the Right to Fair Compensation and Transparency in Land

132. Acquisition, Rehabilitation and Resettlement Act, 2013 (Central Act 30 of 2013).

Properties of the Government managed by the corporation.-(1)TheGovernment may transfer any land or property belonging to itself to the corporation forits management upon such terms and conditions that the Government may determinefrom time to time.

(2)In the event that the Government is of the opinion that its propertiesare not being managed satisfactorily by the corporation or it has contravenedsuch prescribed terms and conditions of management, the Government may

133. transfer such properties to itself.

Power of the Government to manage the corporation property.-(1) If thecorporation is unable to manage any immovable property belonging to itself, the ChiefCommissioner may, with the prior approval of the mayor, request the Government tomanage such properties.

(2)The Government, if it is of the opinion that the corporation has failedto manage any property belonging to itself, shall have the power to issuedirections to the corporation to transfer such properties to the Government.

(3)The Government may, by notification and after consultation with thecorporation, take over for a public purpose any land or other property, movable orimmovable, belonging to or vesting in the corporation on such terms as it may

134. determine.

Decision of claims to the property by or against the corporation.-

(1)Where any property is claimed by or on behalf of the corporation or by anyperson as against the corporation it shall be lawful for the Regional Commissioner ofBengaluru after enquiry of which due notice has been given, to pass an order decidingthe claims.

(2)Any person aggrieved by an order made under sub-section (1) mayappeal to the Karnataka Appellate Tribunal, and the decision of the Tribunal shallbe final.

(3)Any person shall be deemed to have had due notice of an enquiry or

135. order under this section if the notice has been given in the prescribed manner.

Power of the Corporation to manage private property.-The corporationmay, upon the request of such private persons, companies, trusts, societies and anyother association, maintain such properties belonging to them on such conditions as

136. may be prescribed from time to time.

Maintenance of the property register.-(1)The Chief Commissioner shallmaintain a property register of the corporation, which shall consist of a list of immovableproperties under the ownership, control or management of the corporation, location andsuch other details as may be specified.

(2)The zonal commissioner shall maintain a property register of theconcerned zone, comprising details of such immovable property and update suchlist periodically and convey to the Chief Commissioner that such updation may becarried out in the property register of the corporation.

(3)The corporation may, in accordance with such by law or rulesapplicable, appoint such officers for each zone for carrying out day to dayadministration, management and such other responsibilities required for the

185. efficient management of the immovable property of the corporation.

(4)The corporation shall undertake a survey of list of immovableproperties under its ownership, management or control every fifth year from thedate of notification of this Act in the Official Gazette and publish such survey in

137. the public domain in a manner as may be specified.

Objects not provided for by this Act.- The Government may with theconsent of the corporation transfer to the corporation the management of any institutionor the execution of any work not provided for by this Act and it shall thereupon be lawfulfor the corporation to undertake such management or execution:Provided that, in every such case the funds required, for such managementor execution shall be placed at the disposal of the corporation by the Government.

Chapter XII
CONTRACTS

138. Power of the corporation to enter into contracts.-(1)The corporation mayenter into any contract and perform any obligation specified under the contract for thepurposes of carrying out into effect provisions of this Act.

(2)Subject to the rules made in this behalf, the following provisionsshall apply with respect to the making of contract for any of the purposes of thisAct, namely:-

(a)Every contract concerning the affairs of a particular zone shall

be made on behalf of the corporation by the Zonal Commissioners foramounts not exceeding five crores;

(b)Every contract concerning the affairs of the entire corporation,

pertaining to the affairs of a particular zone exceeding the amount fivecrores and pertaining to such affairs, which overlaps two or more zones,shall be made on behalf of the corporation by the Chief Commissioner;

(c)Subject to delegation of power no contract shall be entered into

by the Zonal Commissioner without the prior approval of the zonalcommittee;

(d)Subject to delegation of power no contract shall be entered into

by the Chief Commissioner without the prior approval of the Mayor; and

(e)No contract shall be entered by the corporation without

following such procedure as may be prescribed and the provisions of the

29. Karnataka Transparency in Public Procurements Act, 1999 (Karnataka Act

of 2000).

(3)The procedure prescribed under this section shall apply if thecorporation chooses to amend the terms of the contract or vary the price of suchcontract.

(4)The corporation shall make available a common seal, which shall beaffixed on every contract entered into by the Chief Commissioner or the ZonalCommissioner on behalf of the corporation.

(5)No contract executed otherwise than as provided under this section

139. shall be binding on the corporation.

Invitation of tenders.-All tenders received by the corporation shall beprocessed in accordance with the procedure prescribed under the Karnataka

140. Transparency in Public Procurement Act 1999 [Karnataka Act 29 of 2000].

Preparation of model tender document.-The corporation shall prepare amodel tender document, which shall identify key terms of each tender and such a modeltender shall be followed by all corporation authorities prior to the commissioning of any

186. work.

141. Maintenance of database.- (1) The Chief Commissioner and the ZonalCommissioner shall maintain a register of contracts entered into by the corporation insuch formats as may be prescribed.

(2)The contract register maintained under subsection (1) shall be madeavailable in public domain, in such format prescribed, and updated periodically.

Chapter XIII
TAXES

142. Taxes which may be imposed.-(1) Subject to general and specific orders ofthe Government, the corporation may impose the following taxes at rates not exceedingthose specified in the Act,-(a)A tax on buildings or vacant land or both situated in thejurisdiction of the corporation.(b)A tax on profession, trades, callings and employments.(c)A tax on entertainments and amusements.(d)A duty on certain transfers of property in the form of additionalstamp duty.(e)Any other taxes which may be assigned by law for theassessment and collection by the Corporation.

(2)The corporation shall, by way of resolution passed at a generalmeeting of the council, determine the classes of person or properties or entitieswhich shall be assessed for tax and the rate of such tax.

(3)The Corporation may, at any time for sufficient reason, suspend,modify or abolish any existing tax:Provided that, the Government may, by notification, require theCorporation to impose any tax specified in the notification as may be imposedunder this section in such manner and to such extent as the Governmentconsiders fit.

(4)Every resolution passed by the council under subsection (2) shall be

143. published in the public domain for the notice of all the concerned.

Levy of cesses.- (1) The corporation may, in addition to the tax leviedunder this Act, levy and collect the following cesses namely:-(a)Infrastructure cess at such rate but not exceeding ten percent asnotified by the Government, which may be prescribed on every motor vehiclesuitable for the use on roads within the city and different rates may be prescribedin different classes of motor vehicles;(b)Solid waste management cess at such rate but not exceeding tenpercent of the property tax as notified by the Government, on every owner oroccupier of land or building or both in the city for the purpose of collection,transportation and disposal of solid waste and different rates may be prescribedin different classes of lands or buildings or in different areas; and(c)Levy Urban Transport Cess at such rate as notified by theGovernment;

(2)All monies collected in form of cess shall be credited to a separate headof account and shall be known as the respective cess fund.(3 )The cess levied under subsection (1) shall be accessed and collected insuch manner as may be prescribed.

(4)Notwithstanding anything contained in this section, any person

187. aggrieved by the levy and assessment of cess under the section may, within thirty

days from the receipt of the order of the assessment, may appeal against such

144. order before the tribunal.

Description and class of tax on buildings or land or both.-(1) A tax onbuildings or land or both shall be levied by the Corporation, by way of a resolution, atsuch rates not exceeding, ten percent of the taxable annual value,-(a)for residential buildings,-(b)for commercial buildings(c)for vacant land

(2)The rate of tax on buildings or land or both determined by theCorporation by resolution under sub section (1) shall stand enhanced every yearby five percent.

(3)The tax on buildings or vacant land or both shall be paid by theowners of such property. The tax on buildings or vacant lands or both shall besubject to the prior payment of the land revenue, if any, due thereon to theGovernment as a first charge upon the said buildings or vacant lands or both andupon the movable property, if any, found within or upon such buildings or landsand belonging to the person liable to such tax.

(4)Notwithstanding anything contrary contained in this Act, subject tosuch exemptions provided under this Act and such rules as may be prescribed,the property tax of all buildings or vacant lands or both situated within the city ofBruhat Bengaluru Mahanagara Palike area shall be levied every year in thefollowing manner.

(5)The property tax shall be levied by the Bruhat Bengaluru MahanagaraPalike by resolution passed at such percentage not not more than ten percent ofthe taxable annual value of a building, vacant land or both. The taxable annualvalue of a building, vacant land or both shall be calculated by multiplying thecorresponding “unit area value” with the total built-up area of a building, vacantland or both for ten months, minus depreciation of three percent per yeardepending on the age of a building.Explanation.- For the purpose of this section, “Unit Area Value” means anaverage rate of expected returns from the property per sq.ft., per monthdetermined by the Chief Commissioner, Bruhat Bengaluru Mahanagara Palike onthe basis of the average market rate determined through mass appraisal methodor real estate market information or any other reliable source or combination ofthese sources that he may considers it as sufficient and reasonable having regardto the location, type of construction of the building, nature of use to which thevacant land or building is put, area of the vacant land, built-up area of thebuilding, age of the building, parking area of vehicles in non-residential buildingwhere it is charged and such other criteria as may be prescribed. Different ratesmay be determined for different area or street by classifying into zones, differentnature of use to which the vacant land or building is put and for different class ofbuildings and vacant lands:Provided that, no such “unit area value” shall come into force unless it ispreviously published in the official Gazette for the information of the personslikely to be affected and an opportunity is provided to make representation orsuggestions, if any, in this regard:Provided further that, the land appurtenant to a building to the extent notexceeding thrice the area occupied by such building shall be exempted from the

188. property tax:

Provided also that, subject to such condition and in such circumstances asmay be notified, the Chief Commissioner, Bruhat Bengaluru Mahanagara Palike,may, in lieu of the tax under sub-section (2), fix any lumpsum amount as annualtax, irrespective of zonal classification, in respect of,-(a)a built-up area having less than 300 sq.ft., in a slum areadeclared as such by the Karnataka Slum Clearance Board or the ChiefCommissioner, Bruhat Bengaluru Mahanagara Palike; and(b)an area used as parking area in a non-residential building andbeing charged for its use by the owner or the occupier.(c)any other class of building or structure as he deems fit.

(6)The Bruhat Bengaluru Mahanagara Palike may levy and collect theproperty tax from every building, vacant land or both including a buildingconstructed in violation of the provisions of building byelaw or in anunauthorized layout or in a revenue land or from a building occupied withoutissuance of occupancy or completion certificate except the building constructedillegally in Government land, land belonging to any local body, any statutory bodyor an organization owned or controlled by the Government. The property taxcollected from such building shall be double the tax payable which shall bemaintained in a separate register:Provided that levy and collection of property tax under this sub-section from suchbuilding does not confer any right to regularise violation made, or title, ownership orlegal status to such building. Such buildings shall always be liable for any action forviolation 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 aself occupied building used for residential purpose and such class of selfoccupied nonresidential building as may be notified by the Government on therecommendation of the Corporation.

(8)The person primarily liable to pay the property tax, shall pay the tax in

30th. two equal instalments through demand draft or E-Payment. The first being before

May and second by 29th November of each financial year. However, theowner or occupier or person primarily liable to pay property tax may choose topay in one installment:Provided that if the owner or occupier who is liable to pay property tax filesreturn and also pays property tax for the whole year, within one month from thedate of commencement of each year he shall be allowed a rebate of five per centon the tax payable by him:Provided further that the Government may on the recommendation of theCorporation by notification extend the time limit for payment of property taxwithout penalty and for the benefit of Five percent rebate in respect of anyfinancial year.Provided also that subject to random scrutiny as may be prescribed, the taxreturn filed for the first time or the year in which guidance value of property has

34. been revised under section 45B of the Karnataka Stamp Act 1957 (Karnataka Act

of 1957) shall form the base for payment of tax applicable during each blockyear.

(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 theproperty tax payable by him for the year on the basis of such return declared by

189. him as being true and complete.

(10)Notwithstanding anything contained in this Act the Government mayprescribe the form and the manner in which every owner or occupier who is liableto pay the property tax under this Act shall submit a return every year to theChief Commissioner, Bruhat Bengaluru Mahanagara Palike or to the officer oragency authorized by him in this behalf.

(11)In order to facilitate filing of return by an owner or occupier of anybuilding or vacant land or both and assessment of property tax under thissection, the Chief Commissioner shall from time to time issue guidelines fordetermining the unit area value and property tax payable thereon.

(12)Every return filed by a owner or occupier of a residential building otherthan commercial building shall be deemed to have been assessed to tax except incases where the Chief Commissioner or authorised officer may take-up orauthorise subordinate officers of not less than ten percent of the cases forrandom scrutiny of the returns filed in the manner prescribed:Provided that, the Chief Commissioner may suo moto or otherwise hasreason to believe that there is an evasion of tax by the owner or occupier, he maycause inspection of such building and assess the tax.

(13)For the purpose of random scrutiny of the return filed or in cases wherereturns are not filed as required under sub-section (7) in respect of any buildingsor lands or both, the Chief Commissioner or any person authorized by him in thisbehalf may enter, inspect, survey or measure any land or building after givingnotice to the owner or occupier and the owner or occupier shall be bound tofurnish necessary information required and based on such inspection andinformation 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 betweensunrise and sunset.

(14)If the occupier of the property, refuses to allow the authorised officer toenter to inspect the premises, the officer after giving reasonable opportunity shallrecord the refusal and shall proceed to assess the property to the best of hisjudgement:Provided that in the case of buildings used as human dwelling due regardshall be paid to the social and religious customs of the occupiers and noapartment in the actual occupancy of a woman shall be entered until she hasbeen informed that she is at liberty to withdraw and every reasonable facility hasbeen afforded to her for withdrawing.

(15)Upon random scrutiny, if the authorized officer has reasons to believethat any return furnished, which is deemed as assessed, is incorrect or has beenunder 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 mannerprovided under this section;

(b)if the tax-reassessed is more than Five percent than the tax

remitted along with the returns, the evaded tax shall be payable togetherwith a penalty of not less than twice the tax so evaded payable alongwithinterest for the difference in tax paid and payable calculated at ninepercent per annum;

(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

190. 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 payerthe opportunity of show cause in writing;(d)the owner or occupier may either accept the property tax assessedand the penalty levied or send objections to the Chief Commissioner or theauthorized officer within a period of thirty days from the date of receipt ofa copy of the notice under this sub-section;(e)the Chief Commissioner or the authorized officer shall considerthe objections and pass such orders either confirming or revising suchassessment within a period of sixty days from the date of filing objectionsand a copy of the order shall be sent to the owner or occupier concerned.

(16)An assessment or re-assessment under this section shall not be madeafter the following time limits,-

(i)Five years after filing the tax return under this section;

(ii)Five years after the evidence of facts, sufficient in the opinion of the

Chief Commissioner or the authorized officer to justify making of the re-assessment, comes to its knowledge, whichever is later.

(17)In computing the period of limitation specified for assessment or re-assessment, as the case may be under this Act, the period taken for disposal ofany appeal against an assessment or other proceedings by the Appellateauthority, a tribunal or competent court shall not be taken into account forassessment or re-assessment as the case may be:Provided that in case of any change of use, alteration or variation to theproperty, the owner or occupier shall report such changes within six months fromthe date of completion or occupation whichever is earlier along with the revisedreturn and tax:Provided also that nothing contained in this section shall be deemed toaffect the power of the Government to direct an earlier revision of property tax.

(18)The Chief Commissioner shall have power to clarify any doubt as toclassification of zones, unit area value and class of property. The decision of thechief Commissioner in this regard shall be final.

(19)Notwithstanding anything contained in this Act, a concession inpayment of tax on building or vacant land or both, wherein any such socially orecologically beneficial scheme, as may be identified for the purposes of thissection by the corporation or the Government, is being implemented, may begiven to such extent not more than fifty percent of the tax payable in respectthereof as the Corporation may determine.Explanation.-For the purposes of this section, “ecologically beneficialscheme” includes rain water harvesting system, vermi composting, use of solarenergy and other non-conventional sources of energy, recycling and reuse ofwaste water, or any other scheme for promoting environment friendly andecologically beneficial building construction or the like as the Corporation or theGovernment may identify.

(20)The Corporation shall provide each person who pays property tax anacknowledgement or Khata for the payment of such tax, and suchacknowledgement or Khata provided shall be distinct for lawful and unlawfulbuildings or vacant land and the format of such acknowledgement or Khata shallbe prescribed from time to time under the rules.

(21)The Chief Commissioner shall maintain a record, in such format as may

191. 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 thissection.

(22)The Chief Commissioner shall also maintain a list of defaulters inpayment of property tax and publish the same on website of the corporation.

(23)For the purposes of maintenance of records under sub section (22), theChief Commissioner may issue such directions to the zonal commissioner asrequired and also direct the maintenance of such records by each zonal

145. committee.

Publication of resolution with notice.- The corporation shall by aresolution passed at a general meeting levy any tax specified in section 142 or any cessin section 143 specified in section and in such resolution specify the classes of personsor properties which shall be made liable and the amount or rate at which the tax or cessshall be levied. When such a resolution has been passed the corporation shall publish anotice of such resolution in the notice board of its office and by advertisement in localnewspapers. The publication of such notice shall be conclusive evidence that the tax orcess has been imposed in accordance with the provisions of this Act and the rules made

146. thereunder.

Power to suspend, reduce or abolish any existing tax or cess.- (1) Thecorporation may, at any time for sufficient reason suspend, modify or abolish anyexisting tax or cess.

(2)The provisions of this Chapter relating to the imposition of taxes shallapply so far may be to the suspension, modification or abolition of any tax or

147. cess.

Payment of property tax.- (1)The owner of the building or vacant land orboth shall pay the tax either in one installment or in two equal installments, within suchtime periods as notified by the corporation from time to time.

(2)The corporation shall have the power to extend such notified timeperiod under sub section (1) and waive such penalty payable due to delayedpayment.

(3)Any person owner of the building or vacant land or both who isrequired to pay tax shall submit a self-assessed return, in such format as may beprescribed, within those time periods notified under sub section (1) to the ChiefCommissioner or to such officer or agency authorized by him in this behalf.

(4)In order to facilitate the filing of return by an owner or occupier, thecorporation shall issue such guidelines for the ease of calculation of the payabletax and the Chief Commissioner shall direct zonal commissioners of thecorporation to establish such help centres within the zonal committee as may be

148. necessary.

Demand for the payment of tax and recovery of taxes.- (1) If the taxincluding the penalty payable under this chapter is not paid after it has become due, theCorporation may cause to be served upon the person liable for the payment of the same,a notice of demand in such form as may be prescribed.

(2)If a person seeks to appeal against the demand notice issued by theChief Commissioner or any person authorized by him, such person may file anappeal before the Tribunal in such manner as may be prescribed.

(3)Any person seeking to file an appeal under sub-section (2) shalldeposit fifty percent of the demanded amount with the Tribunal.

(4)If the person to whom a notice of demand has been served under subsection (1) does not pay the tax within thirty days from the service of such

192. demand, in the absence of any stay issued by Tribunal or any court on the

demand notice, the Chief Commissioner may recover by distraint under hiswarrant and sale of the such movable property of the defaulter or if the defaulteris the occupier of the building by distress and sale of any movable property whichmay be found in or on such building or land, the amount due on account of taxtogether with the warrant fee and distraint fee and with such further sums as willsatisfy the probable charges, that will be incurred in connection with thedetention and of the sale of property so distrained.

(5)If, for any reason the distraint, or a sufficient distraint of thedefaulter's property cannot be effected, the Chief Commissioner may attach thebank account or the immovable property of the defaulter in such manner as maybe prescribed, till the recovery of the property tax due. The Chief Commissionermay move the competent court to absolute the attachment order made by him.Further the Chief Commissioner may prosecute the defaulter before a competent

149. court.

Obligation of transferor and transferee to give notice of transfer.-(1)Whenever the title of any person primarily liable for the payment of the tax on anypremises to or over such premises is transferred, the person whose title is transferredand the person to whom the same is transferred shall, within three months after theexecution of the instrument of transfer or after its registration, if it be registered or afterthe transfer is effected, if no instrument be executed, give notice of such transfer to theChief Commissioner in such format as may be prescribed.

(2)In the event of the death of any person primarily liable as aforesaid,the person to whom the title of the deceased shall be transferred as heir orotherwise shall give notice of such transfer to the Chief Commissioner within oneyear from the death of the deceased.

(3)Whenever such transfer comes to the knowledge of the ChiefCommissioner or authorised officer through such notice, the name of thetransferee shall be entered in the property tax register.

(4)Every person who makes a transfer as aforesaid without giving suchnotice to the Chief Commissioner shall, in addition to any other liability which hemay incur through such neglect, continue to be liable for the payment of theproperty tax assessed on the premises transferred until he gives notice or untilthe transfer shall have been recorded in the corporation registers, but nothing inthis section shall be held to affect:

(a)The liability of the transferee for the payment of the said tax, or

(b)The prior charge of the corporation

(5)Where the Chief Commissioner, either suomotu or otherwise, aftersuch enquiry as he considers necessary, is satisfied that any transfer of title wasrecorded in the Corporation register by fraud or suppression of facts or byfurnishing false, incorrect or incomplete material, may within a period of threeyears from the date of such recording of transfer of title, reopen the case and passsuch order with respect thereto as he thinks fit:Provided that, no such order shall be made except after giving the personlikely to be affected thereby a reasonable opportunity of being heard.

(6)Notwithstanding anything contained in this Act, in respect of anybuilding or land belonging to the Bengaluru Development Authority or theKarnataka Housing Board or any local authority the possession of which hasbeen delivered to any person in pursuance of any grant, allotment or lease by the

193. Board or local authority concerned, the transfer of title of any person primarily

liable to the payment of property tax shall not be recorded in the corporation

150. registers without consulting the Board or local authority concerned.

Review by the Chief Commissioner.- Where the Chief Commissioner,either suomotu or otherwise, after such enquiry as he considers necessary is satisfiedthat any transfer of title under section 149 was got recorded in the Corporation registerby fraud, misrepresentation, or suppression of facts or by furnishing false, incorrect orincomplete material, he may within a period of three years from the date of suchrecording of transfer of title reopen the case and pass such order with respect thereto ashe thinks fit:Provided that, no such order shall be made except after giving the person

151. likely to be affected thereby a reasonable opportunity of being heard.

Owner's obligation to give notice of construction or re-construction ordemolition of building.- (1) If any building in the city is constructed or reconstructed,the owner shall give notice thereof to the Chief Commissioner, within fifteen days fromthe date of completion or occupation of the building whichever is earlier.

(2)If any building in the city is demolished or destroyed, the owner shall,until notice thereof is given to the Chief Commissioner, be liable for the paymentof the property tax for which he would have been liable had the building not been

152. demolished or destroyed.

General exemptions.- (1) The following buildings and lands shall beexempted from the property tax:-

(a)places set apart for public worship and either actually so used or used

for no other purposes;

(b)choultries for the occupation of which no rent is charged.

(c)places used for the charitable purpose of sheltering the destitute or

animals and orphanages, homes and schools for the deaf and dumb, asylum forthe aged and fallen women and such similar institutions run purely onphilanthropic lines as are approved by Government;

(d)such ancient monuments protected under the Karnataka Ancient and

Historical Monuments and Archaeological Sites and Remains Act, 1961(Karnataka Act 7 of 1962) and the Ancient Monuments and Archeological Sitesand Remains Act, 1958 (Central Act 24 of 1958) or parts thereof as are not usedas residential quarters or public offices;

(e)charitable hospitals and dispensaries but not including residential

quarters attached thereto;

(f)such hospitals and dispensaries maintained by railway administrations

as may from time to time be notified by Government, but not including residentialquarters attached thereto;

(g)burial and cremation grounds included in the list published by the chief

Commissioner;

(h)the Government lands set apart for free recreational purposes and all

such other Government land as may be notified by it, from which in the opinion ofthe Government no income could be derived;

(i)building or lands exclusively used for,-

(a)students hostels which are not established or conducted for

profit;

(b)educational purposes by Government or Local Authority

194. educational institutions;

(c)the offices of Labour Associations registered under the TradeUnion Act, 1926 (Central Act 16 of 1926) and belonging to suchAssociation;(j)buildings or lands belonging to the Central Government or any StateGovernment used for purposes of Government and not used or intended to beused for residential or commercial purposes;(k)buildings or lands belonging to any Urban Development Authorityconstituted under the Karnataka Urban Development Authorities Act, 1987 , theBangalore Development Authority, the Bangalore Water Supply and SewerageBoard the Karnataka Housing Board or any local authority the possession ofwhich has not been delivered to any person, in pursuance of any grant, allotmentor lease;(l)land which is registered as land used for agricultural purposes in therevenue accounts of the Government and is actually used for the cultivation ofcrops:Provided that nothing contained in clauses (a), (c) and (e) shall be deemed toexempt from property tax, any building or vacant land for which rent is payable by theperson or person using the same for the purposes referred to in the said clauses:Provided further that for purpose of clause (j), a certificate issued by Governmentor any officer duly authorised by Government that any building or vacant land is used forpurposes of Government and not used or intended to be used for residential orcommercial purposes shall be binding on the corporation.

(2)Notwithstanding anything contained in the foregoing provisions of thisChapter, the Corporation may exempt fifty percent of the property tax on any one of theland or building belonging to an ex-serviceman or family of a deceased ex-serviceman, inthe manner as may be prescribed.Explanation.- For the purpose of this sub-section,-

(a)“ex-serviceman” means a person who has served in any rank in the regular

Army, Navy and Air Force of the Union and includes a person who has served in DefenceSecurity Corps, the General Reserve Engineering Force, the Lok Sahayak Sena and ParaMilitary Forces;

(b)“family of the deceased ex-serviceman” means the father, mother, the

surviving spouse and minor children of the deceased ex-serviceman:Provided that, in respect of a building, it must be used by the ex-serviceman or member of the family of a deceased ex-serviceman for the purposeof their residence:Provided further that, the ex-serviceman or his family as the case may be shallsubmit a certificate from Sainik Welfare Board, Karnataka that he,-

(i)is an ex-serviceman or as the case may be he is a member of the family of

the deceased ex-serviceman;

(ii)is a permanent resident of Karnataka; and

(iii)is residing in such building.

195

(3)Notwithstanding the exemptions granted under this section it shall be open tothe corporation to collect service charges for providing civic amenities and for general or

153. special services rendered at such rates as may be prescribed.

Property tax from whom and when payable.- (1) Subject to the provisionsof sub-section (2), the property tax shall be primarily payable as follows, namely:-(a)if the premises are held immediately from the Government or the corporation,from the actual occupier thereof:Provided that the property tax due in respect of premises owned by theGovernment and occupied by any person on payment of rent, shall be payable by theGovernment:Provided further that no property tax shall be payable in respect of premisesowned by the Corporation and occupied by any person on payment of rent.(b)if the premises are not so held,-(i)from the lessor if the premises are let;(ii)from the superior lessor is the premises are sub-let;(iii)from the person in whom the right to let the premises vests, if they areunlet.

(2)If any land has been let for any term exceeding one year to a tenant and suchtenant or any person deriving title howsoever from such tenant has built upon the land,the property tax assessed upon the said land and upon the building erected thereonshall be primarily payable by the said tenant or such person whether or not the premises

154. be in the occupation of the said tenant or the person.

Preparation and publication of property tax register.-(1) A property taxregister in respect of buildings or lands or both in the city shall be maintained in suchform and in such manner as may be prescribed.

(2)The authorised officer may on an application made by any person and subjectto payment of such fees as may be specified by the corporation from time to time, permitsuch person to inspect the property tax register at reasonable hours or grant certifiedextract of the entries in the register or certified copies thereof.

(3)The Chief Commissioner or the authorised officer may issue a property taxcertificate to every owner or occupier of building or lands, containing all the details of,buildings or lands or both and the property tax payable in relation to such buildings or

155. lands or both.

Survey of lands and buildings and preparation of property register.- (1)The Chief Commissioner shall, subject to the general or special orders of theGovernment, direct a survey of buildings or lands or both within the city with a view tothe assessment of property tax and may obtain the services of any qualified person oragency for conducting such survey and preparation of property register.

(2)A property register shall be maintained in such manner and containing suchparticulars in respect of buildings or lands or both as may be prescribed.

(3)For the purpose of preparation of property register or assessment of propertytax in respect of any buildings or lands or both, the Chief Commissioner or any personauthorised by him in this behalf may enter, inspect, survey or measure any land orbuilding after giving notice to the owner or occupier before such inspection and theowner or occupier shall be bound to furnish necessary information required for the

196. purpose:

Provided that such entry into and upon any building or land shall be madebetween sunrise and sunset:Provided further that in the case of buildings used as human dwelling due regardshall be paid to the social and religious customs of the occupiers and no apartment inthe actual occupancy of a woman shall be entered until she has been informed that sheis at liberty to withdraw and every reasonable facility has been afforded to her for

156. withdrawing.

Demand for payment of property tax and appeal against such demand.-

(1)If the property tax including penalty leviable under section 148, is not paid after it hasbeen become due, the corporation may cause to be served upon the person liable forpayment of the same a notice of demand in such form as may be prescribed.

(2)If the person to whom a notice of demand has been served under sub-section

(1)does not, within thirty days from the service of such notice of demand either,-

(a)pays the sum demanded in the notice; or

(b)prefers an appeal under sub-section (3) against the demand, he shall be

deemed to be in default and thereupon such sum shall be recovered along withsuch penalty and in such manner as may be prescribed.

(3)Notwithstanding anything contained in section 144, any person disputing theclaim in the notice of demand served under sub-section (1), may within thirty days afterthe service of such notice, appeal in such manner subject to such conditions and to such

157. authority as may be prescribed.

Fee on advertisement.- Every person who erects, exhibits, fixes or retains,upon or over any land, building, wall or structure any advertisement or who displays anyadvertisement to public view in any manner whatsoever, in any place whether public orprivate, shall pay on every advertisement which is so erected, exhibited, fixed, retained ordisplayed to public view, a fee calculated at such rates and in such manner and subjectto such exemptions, as the corporation may, with the approval of the Government, byresolution determine:Provided always that the rates shall be subject to the maxima and minimalaid down by the Government in this behalf:Provided further that no fee shall be levied under this section on anyadvertisement or a notice,-

(a)of a public meeting, or corporation of the city, or

(b)of an election to any legislative body, or

(c)of a candidature in respect of such an election:

Provided also that no such fee shall be levied on any advertisement whichis not a sky-sign and which,-

(a)is exhibited within the window of any building; or

(b)relates to the trade or business carried on within the land or

building upon or over which such advertisement is exhibited, or to any saleor letting of such land or building or any effects therein or to any sale,entertainment or meeting to be held upon or in such land or building; or

(c)relates to the name of the land or building, upon or over which the

advertisement is exhibited, or to the name of the owner or occupier of suchland or building; or

(d)relates to the business of any railways; or

(e)is exhibited within any railway station or upon any wall or other

property of a railway except any portion of the surface of such wall or

197. property fronting any street.

Explanation 1.- The word 'structure' in this section shall include anymovable board on wheels used as an advertisement or an advertisement medium.Explanation 2.- The expression 'sky-sign' shall, in this section, mean anyadvertisement, supported on or attached to any post, pole, standard, frame workor other support wholly or in part upon or over any land, building, wall orstructure which, or any part of which shall be visible against the sky from somepoint in any public place and includes all and every part of any such post, pole,standard, frame-work or other support. The expression 'sky-sign' shall alsoinclude any balloon, parachute or other similar device employed wholly or in partfor the purposes of any advertisement upon or over any land, building orstructure or upon or over any public place but shall not include,-

(a)any flag-staff, pole, van or weather-cock, unless adapted or used

wholly or in part for the purpose of any advertisement; or

(b)any sign, or any board, frame or other contrivance securely fixed

to or on the top of the wall or parapet of any building, or on the cornice orblocking course of any wall, or to the ridge of a roof:Provided that, such board, frame or other contrivance be of one continuousface and not openwork, and does not extend in height more than one meter aboveany part of the wall or parapet or ridge to, or against, or on which it is fixed orsupported; or

(c)any advertisement relating to the name of the land or building,

upon or over which the advertisement is exhibited, or to the name of theowner or occupier of such land or building; or

(d)any advertisement relating exclusively to the business of a

railway, and placed wholly upon or over any railway, railway station, yard,platform or station approach belonging to a railway, and so placed that itcannot fall into any street or public place; or

(e)any notice of land or buildings to be sold, or let, placed upon such

land or buildings.Explanation 3.- 'Public place' shall, for the purpose of this section,mean any place which is open to the use and enjoyment of the public,

158. whether it is actually used or enjoyed by the public or not.

Prohibition of advertisements without written permission of the ChiefCommissioner.- (1) No advertisement shall, after the levy of the fee under section 157has been determined upon by the corporation, be erected, exhibited, fixed or retainedupon or over any land, building, wall, hoarding or structure within the city or shall bedisplayed in any manner whatsoever in any place without the written permission of theChief Commissioner.

(2)The Chief Commissioner shall not grant such permission if,-

(i)the advertisement contravenes any bye-law made by the corporation;

(ii)the fee, if any, due in respect of the advertisement has not been paid.

(3)Subject to the provisions of sub-section (2), in the case of anadvertisement liable to the advertisement fee, the Chief Commissioner shall grantpermission for the period to which the payment of the fee relates and no fee shallbe charged in respect of such permission:Provided that, the provisions of this section shall not apply to anyadvertisement erected, exhibited, fixed or retained on the premises of a railway

198. relating to the business of a railway.

159. Permission of the Chief Commissioner to become void in certaincases.- The permission granted under section 158 shall become void in the followingcases, namely:-

(a)if the advertisement contravenes any bye-laws made by the

corporation;

(b)if any addition to the advertisement be made except for the

purpose of making it secure under the direction of the corporationengineer;

(c)if any material change be made in the advertisement or any part

thereof;

(d)if the advertisement or any part thereof falls otherwise than

through accident;

(e)if any addition or alteration be made to, or in the building, wall or

structure upon or over which the advertisement is erected, exhibited, fixedor retained, if such addition or alteration involves the disturbance of theadvertisement or any part thereof; and

(f)if the building, wall or structure upon or over which the

advertisement is erected, exhibited, fixed or retained be demolished or

160. destroyed.

Owner or person in occupation to be deemed responsible.- When anyadvertisement is erected, exhibited, fixed or retained upon or over any land, building,

159. wall, hoarding or structure in contravention of the provisions of section 158 or section

or after the written permission for the erection, exhibition, fixation or retentionthereof for any period shall have expired or become void, the owner or person inoccupation of such land, building, wall, hoarding or structure shall be deemed to be theperson who has erected, exhibited, fixed or retained such advertisement in suchcontravention unless he proves that such contravention was committed by a person not

161. in his employment or under his control or was committed without his connivance.

Removal of unauthorised advertisement.- If any advertisement be

159. erected, exhibited, fixed or retained contrary to the provisions of section 158 or section

or after the written permission for the erection, exhibition, fixation or retentionthereof for any period shall have expired or become void, the Chief Commissioner may,by notice in writing, require the owner or the occupier of the land, building, wall,hoarding or structure upon or over which the same is erected, exhibited, fixed or retainedto take down or remove such advertisement or may enter any building, land or property

162. and have the advertisement removed.

Collection of fee on advertisement.- The Chief Commissioner may farmout the collection of any fee on advertisement leviable under section 158 for any periodnot exceeding one year at a time on such terms and conditions as may be provided for in

163. the bye-laws.

The Chief Commissioner's power to call for information and to enterupon premises and to condone omission to give notice.- (1) For the purpose ofassessing the property tax, the Chief Commissioner may, by notice, call upon the owneror occupier of any building or land to furnish him within thirty days after the service ofthe notice where the notice is served upon the Government, a railway administration or acompany and within fourteen days after such service in other cases, with returns of therent payable for the building or land, the cost of erecting the building, and the

199. measurements of the land and with such other information as the Chief Commissioner

may require and every owner or occupier upon whom any such notice is served shall bebound to comply with it and to make a true return to the best of his knowledge or belief.

(2)For the purpose aforesaid the Chief Commissioner may enter, inspect, surveyand measure any building or land after giving twenty-four hour's notice to the owner oroccupier.

(3)The Chief Commissioner may, at his discretion condone omissions to give

164. notice under this Act, giving his reasons in writing for every such condonations

Recovery of surcharges and charges how made.- (1) Every sum certifiedby the auditor to be due from any person shall be paid by such person into the treasuryor bank in which the funds of the corporation are lodged, or through online within onemonth from the receipt by him of the decision of the Chief Commissioner, unless withinthat time such person has applied to the court or to the Government as provided in thisAct.

(2)The said sum, if not paid, or if an application has been made to the court or tothe Government against the decision of the auditor as provided in this Act such sum asthe court or the Government shall declare to be due, shall be recoverable, on anapplication made by the Chief Commissioner to the court, in the same manner as an

165. amount decreed by the court in favour of the Chief Commissioner.

Levy of entertainment tax.- (1) Entertainment tax shall be levied andcollected by the Corporation over any ticket based entertainment, non-ticket basedentertainment and televised entertainment, in accordance with the Act:Provided that, the entertainment tax on televised entertainment shall becollected by the Corporation within the corporation area.

(2)The rate of entertainment tax leviable for any ticket-basedentertainment, non-ticket based entertainment and televised entertainment shall

166. be determined by the Corporation by way of resolution.

Levy of entertainment tax on complimentary ticket and connections.-

(1)There shall be an entertainment tax levied by and paid to the Corporation on everycomplimentary ticket issued by the proprietors of entertainment who possess a validlicense to host ticket based entertainment or who own or manage the place of ticketbased entertainment and the tax on such complimentary ticket shall be paid on theactual value of ticket or as per the value as determined by the Chief Commissioner fromtime to time.

(2)There shall be an entertainment tax levied by and paid to theCorporation on every complimentary connection provided by the proprietors ofentertainment who possess a valid license under such applicable laws to providecable television service or direct to home service and the tax on suchcomplimentary connection shall be paid on the actual value of ticket or as per the

167. value determined by the Chief Commissioner.

Exemption from payment of entertainment tax for performing anyduty inside the place of entertainment.-No persons, other than those who have a dutyto perform inside the place of ticket based entertainment or upon whom a duty has beenimposed under this Act, may be admitted to any ticket based entertainment without aticket or pass:Provided that, such persons who have a duty to perform inside the placeof ticket based entertainment shall be distinguished from those persons who haveentered the place of ticket-based entertainment through purchased ticket or a

200. complimentary ticket.

Provided also that, such persons shall be distinguished by way of specialpass indicating the purpose of the entry or the entry of such person shall be

168. permitted upon the approval of the Chief Commissioner.

Furnishing security amount.-(1)The Chief Commissioner may, if he deemsfit, mandate the furnishing of an amount by way of security form to the proprietor ofentertainment as an advance for the payment of entertainment tax.

(2)The method of calculating the security amount required to be furnished

169. under sub section (1) shall be provided for under the Rules.

Payment of taxes and filing of self-assessed returns for the payment ofentertainment tax.- (1) Every proprietor of entertainment shall submit such returns tothe Chief Commissioner within such periods of time as prescribed under the Rules.

(2)The details to be provided in the returns under sub section (1) by

170. each type of proprietor of entertainment shall be prescribed under the Rules.

Failure to submit returns or provide adequate details in the return.-(1)If the Chief Commissioner believes or has reasonable cause to believe that the proprietorof entertainment has not furnished all the details in the returns or if the ChiefCommissioner is of the reasonable belief that the details in the re-assessed returns areuntrue or the tax due has been underpaid, the Chief Commissioner shall issue an orderof re-assessment against such proprietor.

(2)If the proprietor of entertainment has failed to submit returns undersection 169 the Chief Commissioner shall have the power to issue an order of re-assessment against such proprietor.

(3)If the Chief Commissioner believes or has reasonable cause to believethat the complimentary ticket issued by the proprietor of entertainment does notreflect the true value of the ticket, the Chief Commissioner shall have the powerto assess the value of the complimentary ticket and the criteria for which may beprovided for under the Rules:Provided that, upon the assessment of the value of the complimentaryticket, the Chief Commissioner shall issue an order to the proprietor ofentertainment to submit the revised returns which shall reflect the value ofcomplimentary ticket as assessed by the Chief Commissioner.Provided further that, the revised returns shall be filed within fifteen daysof the receipt of the order.

(4)The Chief Commissioner shall, for the purposes of sub sections (1),

(2)and (3), have the power to enter the place of such entertainment and inspectthe surroundings and relevant documents.

(5)For the purposes of sub section (1), the Chief Commissioner shallhave the power to search and seize any books, records, accounts, registers,tickets and portions thereof and any article so seized shall be retained by ChiefCommissioner for not more than fifteen days from the date of seizure.

(6)The Chief Commissioner, if necessary, may take copies, or causecopies to be taken, of any books, records, accounts, registers, tickets andportions thereof.

(7)If the Chief Commissioner, upon inspection, is satisfied that theproprietor of entertainment has not furnished all the details required underSection 170, the Chief Commissioner shall issue a show cause notice and shallprovide an opportunity to be heard to such proprietor of entertainment and may

171. levy a fine as prescribed under the rules.

Appeal.- Any person aggrieved by the order of re-assessment by the Chief

201. Commissioner may appeal before the tribunal.

172. Recovery of entertainment tax.-(1) Where the person has failed to filereturns under section and the requisite entertainment tax has been unpaid, the ChiefCommissioner shall, make a demand for the payment of entertainment tax due whichshall be paid within fifteen days from the date of receipt of the order.

(2)Any person against whom a demand for payment of taxes has beenissued may challenge such demand before the tribunal in accordance with suchrules as may be prescribed.

(3)If the person fails to pay tax within the time period provided for undersub section (1) and sub section (2), the tribunal may order the recovery of the tax

173. by the Corporation as arrears of land revenue.

Punishment for non-payment of entertainment tax.- (1) If the proprietorof entertainment fails to pay tax under this_ Act within such time period provided underthe Rules, such proprietor shall be liable to pay a fine of up to two times the tax payableor be sentenced to imprisonment of up to one year or both.

(2)The Chief Commissioner, for the purpose of sub section (1), shall have

174. the power to file a criminal complaint against such proprietor.

Punishment for willful suppression of information in the returns.-(1) Ifthe proprietor of entertainment willfully suppresses information in the returns and suchinformation, in the opinion of the Chief Commissioner, is material to the calculation ofentertainment tax, such proprietor shall be liable to pay a fine of up-to one and a halftimes the differential amount or imprisonment of six months or both.

(2)The Chief Commissioner, for the purpose of sub section (1), shall have

175. the power to file a criminal complaint against such proprietor.

Duty on transfer of immovable properties.-(1) The duty on transfer ofimmovable property shall be levied in the form of a surcharge at the rate of two percent

1957. of the duty imposed under the Karnataka Stamp Act, 1957 (Karnataka Act No 34 of

), on instruments of sale, gift, mortgage, exchange or lease in perpetuity of allimmovable property situated within the limits of a Corporation.

(2)The Government shall remit the surcharge collected by it every monthand upon failure to remit such amounts beyond six months, the Government

176. shall transfer such amounts with an interest of nine percent.

Provisions applicable on the introduction of transfer duty.-(1)Section 28of the Karnataka Stamp Act, 1957 shall be read, as if it specifically required theparticulars to be set forth separately in respect of property situated within and outsidethe limits of the Corporation.

(2)Section 64 of the same Act shall be read as if it referred to the

177. corporation as well as the Government.

Power to make rules regarding assessment and collection of transferduty.- The Government may make rules not inconsistent with this Act for regulating thecollection of the duty, the payment thereof to the corporation and the deduction of any

178. expenses incurred by the Government in the collection thereof.

Power to assess in case of escape from assessment.- Notwithstandinganything to the contrary contained in this Act or the rules made thereunder, if for anyreason any person liable to pay any of the taxes or fees leviable under this chapter hasescaped assessment in any half-year or year, the Chief Commissioner may, at any timewithin six years from the date on which such person should have been assessed, serveon such person a notice assessing him to the tax or fee due and demanding paymentthereof within fifteen days from the date of such service; and the provisions of this Actand the rules made thereunder shall, so far as may be, apply as if the assessment was

202. made in the half-year or year to which the tax or fee relates.

179. Appeal before the Karnataka Appellate Tribunal.-(1)Any person aggrievedby the order of re-assessment, demand for payment of tax or cess or any other orderpassed by Chief Commissioner or any officer duly authorized by him on matters providedfor may file an appeal before the tribunal in such manner as may be provided for underthe Karnataka Appellate Tribunal Act, 1976 (Karnataka Act NO.10 of 1976)

(2)Any person seeking to file an appeal shall do so within thirty days fromthe date of receipt of order or demand.

Chapter XIV
FINANCE, ACCOUNTS AND AUDIT

180. Corporation Fund.-(1)There shall be a fund, called the Corporation Fund,which shall be held by the Corporation in trust for the purposes of this Act, and allmonies realized or realisable under this Act and all monies otherwise received by theCorporation shall be credited thereto.

(2)All moneys received by or on behalf of the corporation by or underthis Act or any other law, all taxes, tolls and other imposts, fines, fees, penaltiespaid to or levied by it under this Act, all proceeds of land or other property soldby the corporation and all rents accruing from its land or property and allinterests, profits and other moneys accruing by gifts or transfers from theGovernment or private individuals or otherwise shall constitute the corporationfund and shall be held, applied and disposed of in accordance with the provisionsof this Act, the rules and the regulations made thereunder or any other law forthe time being in force.

(3)The receipts and expenditures of the Corporation shall be kept undersuch heads of accounts, in such manner and in such form, as may be prescribed.

(4)Every head of account specified under sub section (2) shall be splitinto a revenue account and a capital account and all items of receipts andexpenditures shall be kept appropriately under such revenue account or capitalaccount, as the case may be.

(5)The Corporation shall prepare and maintain books of accounts usingthe double entry accrual system of book keeping, in accordance with theaccounting standards recommended by the Institute of Chartered Accountants of

181. India, and in such manner as may be prescribed.

Application of the Corporation Fund.-(1) The moneys credited to theCorporation fund from time to time shall be applied for payment of all sums, charges andcosts necessary for carrying out the purposes of this Act and the rules and the bye-lawsmade thereunder and for payment of all sums payable out of the Corporation Fund inaccordance with the Karnataka Local Fund Authorities Fiscal Responsibility Act, 2003(Karnataka Act 41 of 2003) or any other law for the time being in force in the mannerprescribed.

(2)The Government shall prescribe the procedure for the application ofCorporation fund, accounting practices, publication of the financial documents

182. and such other processes for efficient financial management.

Urban Transport Fund.- (1) There shall be constituted a Fund called theUrban Transport Fund which shall consist of,-

(a)Urban Transport Cess collected under section 143 of this Act;

(b)all grants received from the State Government and Central

Government, if any; and

(c)any other receipts, interest or any other form of income to this

203. fund.

(2)The Urban Transport Fund shall be utilized for,-

(a)co-ordinated planning, projects formulation and implementation

relating to urban transport and their integrated management;

(b)conducting studies, research, promotion and compaign to

encourage for use of public transport;

(c)capacity building in the urban local bodies, parastatal agencies

and in the State Government; and

(d)any other purpose as may be prescribed by the State Government.

(3)The Directorate of Urban Land Transport shall be the Secretariat toadminister the fund constituted under sub-section (1).

(4)The accounts of all receipts and expenditure arising out of the UrbanTransport Fund shall be kept in such manner and in such form as may beprescribed.

(5)The Government shall appoint one of its officers as the auditor who shallsubject to supervision and control of the Principal Controller of State Audit andAccounts conduct audit of the Urban Transport Fund and he shall have access toall books of Accounts and to all receipts and expenditure relating to the UrbanTransport Fund and the Director of Urban Land Transport or as the case may bethe Director of Municipal Administration or the Chief Commissioner of theCorporation or any officer of Corporation shall furnish to him any informationconcerning any receipt of expenditure which may be required by him.

(6)The Director of Urban Land Transport shall prepare Annual Report ofthe operation of the Fund and furnish the report to the Government for layingbefore each House of the State Legislature. Audit report and compliance in this

183. regard shall also be laid before each House of the State Legislature.

Contribution to expenditure by the Corporation.- (1) If the expenditureincurred by the Government or by the Corporation for any purpose authorised by rules issuch as to benefit the inhabitants of the city, the corporation may make a contributiontowards such expenditure.

(2)The Government may direct the corporation to show cause, within aperiod fixed by the Government in this behalf not being less than one month afterreceipt of the order containing the direction, why any contribution referred to insub-section (1) should not be made.

(3)If the corporation fails to show cause within the said period to thesatisfaction of the Government, the Government may direct it to make such

184. contribution as it shall name and it shall be paid accordingly.

Power of corporation to borrow money.- (1) The corporation may, inpursuance of any resolution passed at a special meeting, barrow by way of debenture orotherwise, on the security of all or any of the taxes, duties, fees and dues authorised byor under this Act, any sums of money which may be required,-

(a)for the construction of works,

(b)for the acquisition of lands and buildings, or

(c)to pay off any debt due to Government, or

(d)to repay a loan previously raised under this Act or any other law

previously in force:

204. Provided that,-

(i)no loan shall be raised without the previous sanction of theGovernment, and(ii)the amount of the loan, the rate of interest and the terms includingthe date of floating, the time and method of repayment and the likeshall be subject to the approval of the Government.

(2)When any sum of money has been borrowed under sub-section (1),-

(a)no portion thereof shall, without the previous sanction of the

Government, be applied to any purpose other than that for which itwas borrowed, and

(b)no portion of any sum of money borrowed under clause (a) of sub-

section (1) shall be applied to the payment of salaries or allowancesto any corporation officers or servants other than those exclusivelyemployed upon the works for the construction of which the money

185. was borrowed.

Time for repayment of money borrowed under section 184.- The timefor the repayment of any money borrowed under section 184 shall in no case exceed sixtyyears, and the time for the repayment of any money borrowed for the purpose ofdischarging any previous loan shall not, except with the express sanction of theGovernment, extend beyond the unexpired portion of the period for which such previous

186. loan was sanctioned.

Limit of borrowing powers.- Notwithstanding anything hereinaftercontained, the borrowing powers of the corporation shall be limited so that the sumpayable annually for interest and for the maintenance of the sinking funds as hereinafterprovided, and for interest and repayment of any sums borrowed otherwise shall not,except with the express sanction of the Government, exceed ten percent of the rateable

187. value of buildings and lands as determined under this Act.

Form and effect of debentures.- All debentures issued under this chaptershall be in such form as the corporation, with the previous sanction of the Governmentmay determine, and shall be transferable in such manner as shall be therein expressed;and the right to sue in respect of the moneys secured by any of such debentures shallvest in the holders thereof for the time being without any preference by reason of some

188. such debentures being prior in date to others.

Payment to survivors of joint payees.- When any debenture or securityissued under this Act is payable to two or more persons jointly, and either or any of themdies, then, the debenture or security shall be payable to the survivor or survivors of suchpersons:Provided that nothing in this section shall affect any claim by the

189. representative of a deceased person against such survivor or survivors.

Receipt by joint holder for interest or dividend.- When two or morepersons are joint holders of any debenture or security issued under this Act, any one ofsuch persons may give an effectual receipt for any interest or dividend payable in respectof such debenture or security, unless notice to the contrary has been given to the

190. corporation by any other of such persons.

Power of the corporation to consolidate loans.- (1) Notwithstandinganything to the contrary contained in this Chapter, the corporation may consolidate allor any of its loans and for that purpose may invite tenders for a new loan (to be calledthe "Corporation Consolidated Loan, 20....") and invite the holders of corporationdebenture to exchange their debentures for scrip of such loan.

(2)The terms of any such consolidated loan and the form of its scrip andthe rates at which exchange into such consolidated loan shall be permitted, shall

205. be subject to the prior approval of the Government.

(3)The period for the extinction of any such consolidated loan shall not,without sanction of the Government extend beyond the farthest date within whichany of the loans to be consolidated would be otherwise repayable.

(4)The corporation shall provide for the repayment of any suchconsolidated loan by a sinking fund in the manner laid down in section 204

191. having regard to the amount transferred to such sinking fund under section 203.

Priority of payments for interest and repayment of loans over otherpayment.- All payments due from the corporation for interest on and repayment of loans

192. shall be made in priority to all other payments due from the corporation.

Attachment of corporation fund for recovery of money borrowed fromthe Government.- (1) If any money borrowed by the corporation from the Government,whether before or after the commencement of this Act, or any interest or costs due inrespect thereof, be not repaid according to the conditions of the loan, the Governmentmay attach the corporation fund or any part thereof.

(2)After such attachment, no person except an officer appointed in thisbehalf by the Government shall in any way deal with the attached fund; but suchofficer may do all acts in respect thereof which any municipal authority, officer orservant might have done if such attachment had not taken place, and may applythe proceeds in satisfaction of the arrears and of all interest and costs due inrespect thereof and all expenses caused by the attachment and subsequentproceedings:Provided that no such attachment shall defeat or prejudice any debt forwhich the fund attached was previously charged in accordance with law; but allsuch prior charges shall be paid out of the proceeds of the fund before any part of

193. the proceeds is applied to the satisfaction of the debt due to the Government.

Preparation of the corporation budget.-(1)Every zonal committee shallsubmit a budget estimate to the Mayor which shall comprise of the required budgetarysupport for the implementation of the existing schemes, list of capital expenses, requiredmanpower and such other expenses for the purposes of effective implementation of thisAct within a particular zone.

(2)No zonal committee shall submit a budget estimate to the mayorwithout consulting with the ward committees and considering itsrecommendations.

(3)The ward committees shall prior to making its recommendations tothe zonal committees organize such public consultations as necessary.

(4)The format and process for submission of zonal committee budgetsestimate shall be as specified.

(5)The chief commissioner shall prepare a budget estimate for theCorporation upon considering the budget estimates from all the zonalcommittees.

(6)The budget estimate shall state the following,-

(a)The receipts and payments for the previous financial years and

expected receipts and payments for the upcoming financial year;

(b)Compliance to the medium term fiscal plan;

(c)Rates at which various taxes, surcharges, cess and fees that

shall be levied by the Corporation for the immediately succeedingfinancial year; and

(d)The amount of money to be raised as a loan amount of money

allocated to each zonal committee and the basis for the utilization of

206. such amounts.

(7)The budget estimate shall be prepared, presented and adopted insuch form and in such manner and shall provide for such matters as may be

194. prescribed.

Budget estimates to be prepared by the standing committee fortaxation, finance and appeals or as the case may be, standing committee fortaxation and finance .- (1) The standing committee for taxation and finance and appealshall, on or as soon as may be, after the fifteenth day of January consider the estimatesand proposals of the chief Commissioner and after having obtained proposals, if any, ofother standing committees and such further detailed information, if any, as it shall thinkfit to require from the chief Commissioner and having regard to all the requirements ofthis Act, shall prepare there from, subject to such modifications and additions therein orthereto as it shall think fit, a budget estimate of the income and expenditure of thecorporation for the next year.

(2)In such budget estimate, the standing committee shall,-

(a)provide for the payment, as they fall due of all instalments of

principal and interest for which the corporation may be liable onaccount of loans;

(b)provide for the payment as it falls due, of any amount towards

contributions, fees or such other amounts as may be payable bythe corporation to the Government;

(c)allow for a cash balance at the end of the year of not less than

one lakh of rupees under General Account Revenue.

(3)The Chief Commissioner shall cause the budget estimate as finallyapproved by standing committee, to be printed and shall, not later than the first

195. day of February, forward a printed copy thereof to each councillor.

Power of Corporation to alter budget grant.- The Corporation may fromtime to time, for specific reasons to be explained in writing, during the financial year,-(a)Increase the amount of any budget grant under any head;(b)Make an additional budget grant for the purpose of meeting anyspecial or unforeseen requirement arising during the said year;(c)Transfer the amount of any budget grant or portion thereof underone head to the amount of budget grant under any other head; and(d)Reduce the amount of the budget grant under any head.196. Obligation to pass budget before the beginning of the year.- (1) Thecorporation shall finally pass the budget estimate at least three weeks before thebeginning of the year to which it relates and shall forthwith submit a copy thereof to theGovernment.

(2)The Government may sanction the budget in its entirety or subject tosuch modification as it thinks fit:Provided however that, if within two months of the date of receipt of thebudget, the Government does not communicate any orders thereon, the budget

197. shall be deemed to have been sanctioned by the Government.

Corporation may pass supplemental budget.- The Corporation may, onthe recommendation of the standing committee for taxation, finance and appeal duringthe year pass a supplemental budget estimate for the purpose of meeting any special orunforeseen requirements, arising during that year; so however that the estimated cashbalance under General Account-Revenue at the close of the year shall not be reduced toless than one lakh of rupees:Provided that no item shall be included in the supplemental budget which

207. had been disallowed by the Government while sanctioning the Budget.

198. Re-adjustment of income and expenditure to be made by thecorporation during the course of the official year whenever necessary.- (1) If it shallat any time during any year appear to the corporation upon the representation of thestanding committee for taxation and finance , that, notwithstanding any reduction ofbudget grants that may have been made under section 195, the income of thecorporation fund during the said year will not suffice to meet the expenditure sanctionedin the budget estimate of the said year and to leave at the close of the year a cashbalance of not less than one lakh of rupees under General Account-Revenue, it shall beincumbent on the corporation either to diminish the sanctioned expenditure of the year,so far as it may be possible so to do with due regard to all the requirements of this Act,or to have recourse to supplementary taxation, or to adopt both of these expedients insuch measure as may be necessary to secure an estimated cash balance of not less thanone lakh of rupees under General Account - Revenue at the close of the year.

(2)Whenever the corporation determines to have recourse tosupplementary taxation in any year, it shall do so by increasing for the unexpiredportion of the year the rate at which any tax or duty is being levied subject to the

199. conditions, limitations and restrictions laid down in Chapter X.

Preparation of a medium-term fiscal plan.-(1) The Mayor in consultationwith the Chief Commissioner, Standing Committee for Taxation, Finance and Appeal andZonal Committees prepare a medium term fiscal plan for the Corporation in a manner asmay be prescribed.

(2)The medium-term fiscal plan prepared under sub-section (1) shallcontain the receipts and payments projections for three years, assumptionsunderlying projections and evaluation of performance against targets set in the

200. previous budget estimates.

Comprehensive Debt Limitation Policy.-(1) The Corporation shall frame aComprehensive Debt Limitation Policy applicable in the case of loans, including shortterm loans, to be raised by the Corporations and laying down the general principlesgoverning the raising of loans by the Corporation having regard to its financial capacity.

(2)The Corporation may borrow by way of loan or any other form of creditprovided such loan or credit is permitted under the Comprehensive Debt

201. Limitation Policy.

Mandatory compliance.-(1) The budget estimate prepared by theCorporation shall be in compliance with the medium term fiscal plan, comprehensivedebt limitation policy prepared and those orders issued by Government from time totime.

(2)The Government may direct the Corporation to prepare the budgetestimate afresh, if it is of the opinion that the budget estimate approved by thecouncil is not in compliance with the medium-term fiscal plan andcomprehensive debt limitation policy.

(3)No direction under sub-section (2) shall be without providing the

202. Corporation an opportunity of being heard.

Establishment of Sinking Fund.-(1) The Corporation shall establish aSinking Fund in respect of each loan raised under this Chapter for the repayment ofmoneys borrowed and shall, every year pay into such Sinking Fund such sum as shall besufficient for the repayment, within the period fixed for the loan, of the moneys borrowed.

(2)If at any time the sum standing at the credit of a Sinking Fundestablished under this Act for repayment of any loan is of such amount that ifallowed to accumulate at the rate of interest sanctioned, the Chief Commissionerwith the prior approval of the Mayor discontinue the further payment towards

208. such a fund.

203. Investment of amount at the credit of the Sinking Fund.-(1)All moneyspaid into a Sinking Fund shall, as soon as possible, be invested by the Corporation inaccordance with the investment policy applicable to any public enterprise laid down bythe Government

(2)All sums received in respect of any investment under sub-section (1)shall, as soon as possible, after their receipt, be paid into the Sinking Fund andshall be invested in the manner laid down in that sub-section.

(3)Moneys standing at the credit of two or more Sinking Funds may, atthe discretion of the Municipality, be invested together as a common fund, and itshall not be necessary for the Corporation to allocate the securities held in suchinvestments to the several Sinking Funds.

(4)Subject to the provisions of sub-section (1), any investment made

204. under this section may, from time to time, be varied or transposed.

Application of the sinking fund.- The Corporation may apply a sinkingfund or any part thereof, in or towards the discharge of the loan or part of a loan forwhich such fund was created, and until such loan or part is wholly discharged shall notapply the same for any other purpose:Provided that, when any loan or parts thereof have been consolidated thetrustees shall transfer to the sinking fund of the consolidated loan so createdsuch part of the sinking funds of the original loans as may be proportionate to

205. the amount of the original loans incorporated in the consolidated loan.

Annual statement by the Corporation.- (1) The Corporation shall, at theend of every year submit to the Government a statement showing,-(a)the amount which has been invested during the year;(b)the date of the last investment made previous to the submission of thestatement;(c)the aggregate amount of the securities then in their hands; and(d)the aggregate amount which has, up to the date of the statement, beenapplied in or towards discharging loans.

(2)Every such statement shall be laid before the Corporation and published.206. Attachment of the Corporation fund for recovery of money borrowedfrom the Government.- (1) If any money borrowed by the Corporation from theGovernment, whether before or after the commencement of this Act, or any interest orcosts due in respect thereof, be not repaid according to the conditions of the loan, theGovernment may attach the Palike fund or any part thereof.

(2)After such attachment, no person except an officer appointed in thisbehalf by the Government shall in any way deal with the attached fund; but suchofficer may do all acts in respect thereof which any Corporation authority, officeror servant might have done if such attachment had not taken place, and mayapply the proceeds in satisfaction of the arrears and of all interest and costs duein respect thereof and all expenses caused by the attachment and subsequentproceedings:Provided that, no such attachment shall defeat or prejudice any debt forwhich the fund attached was previously charged in accordance with law; but allsuch prior charges shall be paid out of the proceeds of the fund before any part of

207. the proceeds is applied to the satisfaction of the debt due to the Government

Appointment of the Chief Financial Officer.-(1) The Corporation shallappoint a Chief Financial Officer who shall guide the Corporation on all financial mattersand perform such duties as allocated by the Mayor or the Chief Commissioner from time

209. to time.

(2)The Chief Financial Officer shall be of such rank and designation as

208. may be specified by the Government.

Annual Financial statement.-(1)The Chief Commissioner, within twomonths of the close of a financial year, cause to be prepared an annual financialstatement containing an income and expenditure account, cash flow statement andreceipts and payments account for the preceding financial year in respect of the accountsof the Corporation, and a balance sheet as of the last day of the preceding financial year,along with schedules to the above and notes to accounts including significant accountingpolicies including details of contingent liabilities and any other such information as maybe useful in understanding the financial statements clearly.

(2)The form of the financial statement and the balance sheet, and themanner in which the financial statement and the balance sheet shall be prepared

209. in a manner such as may be prescribed.

Accounts and Audit.-(1) The accounts of all receipts and expenditure of thecorporation shall be kept in such manner and in such form as may be prescribed.

(2)The Government shall appoint one of its officers as the CorporationChief Auditor who shall subject to the supervision and control of the Controller ofState Accounts conduct an audit of the corporation accounts and for thispurpose, he shall have access to the corporation accounts and to all receipts andexpenditure relating thereto and the Chief Commissioner shall furnish to him anyinformation concerning any receipt or expenditure which may be required by him.

(3)Subject to the provisions of any law for the time being in force, theaudit of all transactions of receipts and expenditure of the Corporation shall besubject to technical guidance and supervision of the Comptroller and AuditorGeneral of India and he shall send the annual technical inspection report toGovernment for being placed before both Houses of the State Legislature.

(4)The Controller, State Audit and Accounts Department shall sendConsolidated Annual Audited Report pertaining to the Corporation to theGovernment for being placed before both Houses of the State Legislature.

(5)The Chief Auditor of Corporation shall report to the prescribedCorporation authority any material impropriety or irregularity which he may atany time observe in the expenditure or in the recovery of moneys due to thecorporation or in the corporation accounts and shall furnish information inrespect of such matter as may be laid down in the rules.

(6)He shall be paid such salary and allowances as the Government maydetermine and shall be entitled to privileges in accordance with the rules andregulations of the branch of the Government service to which he belongs and inforce for the time being and the corporation shall make such contributiontowards his leave, allowances, pension and provident fund as may be payableunder such rules and regulations by him or on his behalf from the corporationfund.

Chapter XV
STREETS

210. Vesting of Public streets in the Corporation and their appurtenancesin Corporation.-(1) The following shall vest in the Corporation,-(a)All public streets in the Corporation reserved under the control ofthe Government, with the pavements, stones and other materials thereofand all work materials, implements and other things provided for such

210. streets;

(b)all sewers, drains, drainage works, tunnels and culverts whethermade at the cost of the Corporation fund or otherwise, in or alongside orunder any street, whether public or private, and(c)all works, materials, implements and other things appertainingthereto and all trees not being private property growing on public streets orby the side thereof.

(2)The Government may, after consulting the Corporation by notificationwithdraw any such street, sewer, drain, drainage work, tunnel, culvert or treefrom the control of the Corporation.

(3)All public streets vesting in the Corporation shall be under the control ofthe Zonal Commissioner of the respective zone and shall be maintained,controlled and regulated by them in accordance with the bye-laws that are madein this behalf, and upon any such instructions issued by the Chief

211. Commissioner.

Powers of the Zonal Commissioner in respect of public streets,- (1)TheZonal Commissioner shall, from time to time, either suo moto or upon the request of theWard Committee cause all public streets vested in the Corporation to be levelled andrepaired; he may also from time to time widen, extend or otherwise improve any suchstreet for the safety of pedestrians.

(2)The Zonal Commissioner may also, at any time, close the whole orany part of a public street vested in the respective zone:Provided that, before doing so, the Corporation shall by notice publish inthe manner specified by bye-laws give reasonable opportunity to the residentslikely to be affected by such closure to make suggestions or objections withrespect to such closure and shall consider all such suggestions or objectionswhich may be made within thirty days from the date of the publication of the said

212. notice.

Powers of the Chief Commissioner in respect of public streets.- (1) TheChief Commissioner shall have the power to issue directions to the Zonal commissionerfrom time to time, as may be necessary.

(2)The Chief Commissioner shall have the power to take decisions in

213. matters pertaining to streets that overlap two or more zones.

Power to make new public streets.-(1)The Zonal Commissioner may atany time with the previous sanction of the Chief Commissioner,-(a)lay out and make new public streets;(b)construct bridges and sub-ways;(c)turn or divert any existing public street for alignment of roads;(d)widen, open, extend or otherwise improve any public street; and(e)lay down and determine the position and direction of a street orstreets in any part of Bengaluru notwithstanding that no proposal for the erectionof any building in the vicinity has been received.

(2)The Bengaluru Development Authority shall assist the Corporation incarrying out its functions.

(3)Reasonable compensation shall be paid to the owners and occupiers ofany land or buildings which are acquired for or affected by any such purposes.

(4)In determining such compensation, allowance shall be made for anybenefit accuring to the owner or occupier concerned from the construction or

214. improvement made by the Chief Commissioner.

Minimum width of new public streets.-The Chief Commissioner shall,from time to time, specify the minimum width of different public streets according to the

211. nature of the traffic likely to be carried thereon, and the streets with which they join at

one or both ends, the localities in which they are situated and other similar

215. considerations.

Power to prohibit use of public streets for certain kind of traffic.-

(1)The Zonal Commissioner may prohibit vehicular traffic in any publicstreet or any portion thereof so as to prevent danger, obstruction orinconvenience to the public or to ensure quietness in any locality.

(2)The Zonal Commissioner shall seek assistance from police to regulate

216. traffic in streets as stipulated under Section 69 of the Karnataka Police Act, 1963.

Owner’s obligation when dealing with land as building sites.-If theowner of any land utilizes, sells, leases out or otherwise disposes off any part of the landfor the construction of buildings, he shall lay down and make a street or streets giving

217. access to the plots and connecting them to an existing public or private street.

Making of new private streets.- (1) Any person intending to layout ormake a new private street must send to the Chief Commissioner a written applicationwith plans and sections showing the following particulars, namely:-(a)the intended level, direction and width of the street;(b)the street alignment and the building line; and(c)the arrangements to be made for levelling, paving, metalling, flagging,channelling, sewering, draining, conserving and lighting the street.

(2)The provisions of this Act and of any rules or bye-laws madethereunder as to the level and width of public streets and the height of buildingsabutting thereon shall apply also in the case of streets referred to in sub-section

(1)and all the particulars referred to in that sub-section shall be subject toapproval by the zonal committee.

(3)Within sixty days after the receipt of any application under sub-section (1) the zonal committee shall either sanction the making of street on suchconditions as it may think fit or disallow it or ask for further information withrespect to it.

(4)Such sanction may be refused,-

(a)if the proposed street would conflict with any arrangements

which have been made or which are in the opinion of the standingcommittee likely to be made, for carrying out any general scheme ofstreet improvement;

(b)if the proposed street does not conform to the provision of the

Act, the rules and bye laws referred to in sub-section (2); or

(c)if the proposed street is not designed so as to connect at one

end with a street which is already open.

(5)No person shall layout or make any new private street without orotherwise than in conformity with the order of the zonal committee. If furtherinformation is asked for, no steps shall be taken to lay out or make the streetuntil orders have been passed upon receipt of such information:Provided that, the passing of such orders shall not in any case be delayedfor more than sixty days after the zonal committee has received all theinformation which it considers necessary to enable it to deal finally with the saidapplication.

(6)If the zonal committee does not refuse sanction within sixty daysfrom the receipt of the application under sub-section (1) or from the receipt of allthe information asked for under sub-section (5), such sanction shall be deemed to

212. have been given and the applicant may proceed to make the street, but not so as

to contravene any of the provisions of this Act or the rules or bye-laws made

218. under this Act.

Alteration or demolition of street made in breach of section 217.-

(1)If any person lays out or marks any street referred to in section 217without or otherwise than in conformity with the alignment of roads or orders ofthe standing committee the Zonal Commissioner, may, whether or not theoffender be prosecuted under this Act, by notice require the offender to,-

(a)show sufficient cause, by a written statement signed by him

and sent to the Zonal Commissioner on or before such day as may bespecified in the notice why such street should not be altered to thesatisfaction of the Zonal Commissioner, or is such alteration beimpracticable, why such street should not be demolished; or

(b)appear before the Zonal Commissioner either personally or by

duly authorised agent on such day at such time and place as may bespecified in the notice, and show cause as aforesaid.

(2)If any person on whom such notice is served fails to show sufficientcause to the satisfaction of the Zonal Commissioner why such street should notbe so altered or demolished, the Zonal Commissioner may pass an order directingthe alteration or demolition of such street.

(3)If such work is not carried out within the time specified in the notice,the Zonal Commissioner may, if he thinks fit, execute it and the expensesincurred shall be paid by the owner referred to in sub-section (1) in such

219. proportions as may be settled by the Zonal Commissioner.

Power to dispose of permanently closed streets.- (1) When any publicstreet is permanently closed under section 213, the corporation may dispose of the siteor so much thereof as is no longer required making due compensation to any personinjured by such closing.

(2)In determining such compensation, allowance shall be made for anybenefit accruing to the same premises or any adjacent premises belonging to thesame owner from the construction or improvement of any other public street, ator about the same time that the public street, on account of which the

220. compensation is paid, is closed.

Acquisition of land and buildings for improvement of streets.- (1) Thechief Commissioner may subject always to such sanction as may be required, acquire,-(a)any land required for the purpose of widening, opening, extendingor otherwise improving any public street or of making any new public street,and the building if any, standing upon such land;(b)any land outside the proposed street alignment with the buildingif any, standing thereupon with the corporation may consider it expedient toacquire.

(2)Any land or building acquired under clause (b) of sub-section (1) may besold, leased or otherwise disposed of, after public advertisement, and anyconveyance made for that purpose may comprise such conditions as the standingcommittee thinks fit as to the removal of the existing building, if any, thedescription of the new building (if any) to be erected, the period within which thenew building (if any) shall be completed and any other similar matters.

(3)The standing committee may require any person to whom any land orbuilding is transferred under sub-section (2) to comply with any conditionscomprised in the said conveyance before it places him in possession of the land or

213. building.

221. Powers to prescribe building line and street alignment.- The standingcommittee may,-

(a)prescribe for any public street, a building line or a street

alignment or both a building line and a street alignment;

(b)from time to time, but subject in each case to its receiving the

authority of the corporation in that behalf, define a fresh line in substitutionfor any line so defined or any part thereof, provided that such authority shallnot be accorded,-

(i)unless, at least one month before the meeting of the corporation at

which the matter is considered, public notice of the proposal hasbeen given by the Chief Commissioner by advertisment in the localnewspapers and in the official Gazette, and also special noticethereof, signed by the Chief Commissioner has been put up in thestreet or part of the street for which fresh line is proposed to bedefined; and

(ii)until the corporation has considered all objections to the said

proposals made in writing and delivered at the corporation office not

222. less than three clear days before the day of such meeting.

Restriction on erection of or addition to buildings within streetalignment or building line.- (1) No person shall construct any portion of any buildingwithin a street alignment defined under section 221, provided however that the ChiefCommissioner may in his discretion permit additions to a building to be made within astreet alignment, if such addition merely add to the height and rest upon an existingbuilding or wall, upon the owner of the building executing an agreement binding himselfand his successors in interest,-(a)not to claim compensation in the event of the Chief Commissionerat any time thereafter calling upon him or his successors to remove anybuilding erected or added to in pursuance of such permission or any portionthereof; and(b)to pay the expenses of such removal:Provided that the Chief Commissioner shall, in every case in which he givespermission, report his reasons, in writing to the standing committee.

(2)If the Chief Commissioner refuses to grant permission to erect or add toany building on the ground that the proposed site falls wholly or in part within astreet alignment prescribed under section 221 and if such site or portion thereofwhich falls within such alignment be not acquired on behalf of the corporationwithin one year after the date of such refusal, the corporation shall payreasonable compensation to the owner of the site.

(3)No person shall erect or add to any building between a street alignmentand a building line defined under section 221 except with the permission of theChief Commissioner who may when granting the permission impose such

223. conditions as the standing committee may lay down for such cases.

Setting back projecting building or wall.- (1) When any building or partthereof abutting on a public street is within a street alignment defined under section 221the Chief Commissioner may, whenever it is proposed,-

(a)to rebuild such building or take it down to an extent exceeding

one-half thereof above the ground level such half to be measured in cubicmeter; or

(b)to remove, reconstruct or make any addition to any portion of

214. such building which is within the street alignment, in the order which he

issues concerning the re-building, alteration or repair of such building requiresuch building to be set back to the street alignment.

(2)When any building or any part thereof within the street alignment fallsdown or is burnt down or is, whether by order of the Chief Commissioner orotherwise, taken down, the Chief Commissioner may forthwith take possession onbehalf of the corporation of the portion of land within the street alignment thereofoccupied by the said building and, if necessary, clear it.

(3)Land acquired under this section shall be deemed a part of the publicstreet and shall vest in the corporation.

(4)When any building is set back in pursuance of any requisition madeunder sub-section (1), or when the Chief Commissioner takes possession of anyland under sub-section(2), the corporation shall forthwith make fullcompensation to the owner for any direct damage which he may sustain thereby.Explanation.- The expression, "direct damage" as used in sub-section (4)with reference to land means, the market value of the land taken and thedepreciation, if any, in the ordinary market value of the rest of the land resultingfrom the area being reduced in size; but does not include damage due to theprospective loss of any particular use to which the owner may allege that heintended to put the land, although such use may be injuriously affected by the

224. reduction of site.

Additional power of the Chief Commissioner to order settling back ofbuildings to regular line of street.- (1) If any building or any part thereof is within theregular line of a public street and if, in the opinion of the Chief Commissioner, it isnecessary to set back the building to the regular line of the street he may, if theprovisions of section 223 do not apply, by written notice,-

(a)require the owner of such building to show cause within such

period as is specified in such notice by a statement in writing subscribed byhim or by an agent duly authorised by him in that behalf and addressed tothe Chief Commissioner, why such building or any part thereof which iswithin the regular line of the street shall not be pulled down and the landwithin the said line acquired by the Commissioner; or

(b)require the said owner on such day and at such time and place as

shall be specified in such notice to attend personally or by an agent dulyauthorised by him in that behalf and show cause why such building or any

Part thereof – which is within the regular line of the street shall not be pulled

down and the land within the said line acquired by the Chief Commissioner.

(2)If such owner fails to show sufficient cause to the satisfaction of theChief Commissioner why such building or any part thereof, which is within theregular line of the street shall not be pulled down and the land within the saidline acquired as aforesaid, the Chief Commissioner, may, with the approval of thestanding committee, require the owner by a written notice, to pull down thebuilding or the part thereof which is within the regular line of the street withinsuch period as is prescribed in the notice.

(3)If within such period the owner of such building fails to pull down suchbuilding or any part thereof coming within the said line, the Chief Commissionermay pull down the same and all the expenses incurred in so doing shall be paidby the owner.

(4)The Chief Commissioner shall at once take possession on behalf of the

215. corporation of the portion of the land within the said line theretofore occupied by

the said buildings and such land shall hence forward be deemed a part of thepublic street and shall vest as such in the corporation.Provided that, nothing in this section shall be deemed to apply to buildings

225. vesting in the Government.

Power of the Zonal Commissioner to order work to be carried out or tocarry it out himself in default.- (1) If any private street or part thereof is not levelled,paved, metalled, flagged, channelled, sewered, drained, conserved or lighted to thesatisfaction of the Zonal Commissioner, he may by notice require the owners of suchstreet or part and the owners of buildings and lands fronting or abutting on such streetor part including in cases where the owners of the land and of the building thereon aredifferent, the owners both of the land and of the building to carry out any work which inhis opinion may be necessary and within such time as may be specified in such notice.

(2)If such work is not carried out within the time specified in the notice,the Zonal Commissioner may, if he thinks fit, execute it and the expensesincurred shall be paid by the owner referred to in sub-section (1) in such

226. proportions as may be settled by the Commissioner.

Right of owners to require streets to be declared public.- If the Zonalcommissioner carries out work in accordance with section 225, he, with the requisition ofmajority of the owners can declare such a street to be a public street and thereupon the

227. street shall vest in the Corporation.

Prohibition of projections upon streets.- (1) No person shall erectprojections in any way that can obstruct or cause inconvenience to the public.

(2)In an event the person erects such projections, he shall be requiredby the Zonal Commissioner to remove such projections, failing which appropriateaction may be taken against him.

(3)It shall be the duty of the Corporation to implement the provisions of

228. the rules or byelaws prescribed thereunder.

Prohibition of structures or fixtures which cause obstruction instreets.-No person shall, except with the permission of the Zonal Commissioner, erect orset up any wall, fence, rail, post, step, booth or other structure whether fixed or movableor whether of a permanent or temporary nature, or any fixture in or upon any street orupon or over any open channel, drain, well or tank in any street so as to form anobstruction to, or an encroachment upon, or a projection over, or to occupy any portion

229. of such street, channel, drain, well or tank.

Removal of encroachments.- (1) The Zonal Commissioner may, by notice,require the owner or occupier of any premises to remove or alter any projection.Encroachment or obstruction other than a door, gate, bar or ground floor windowsituated against or in front of such premises and in or over any street.

(2)Where the Zonal Commissioner is satisfied that any road or publicstreet including footpath, if any, thereof belonging to the Corporation or vested init or otherwise is encroached upon by any person in any form, either temporarilyor permanently so as to cause obstruction or hindrance or inconvenience totraffic and users of the street, the Zonal Commissioner may summarily evict suchencroachments.

(3)Pursuant to directing such a person to leave, and the person fails toleave, the Zonal Commissioner may file a criminal complaint against such a

230. person.

Precautions during repair of streets.-(1)The Zonal Commissioner shall, sofar as is practicable during the construction or repair of any public street vested in theCorporation-(a)cause the same to be fenced and guarded;216(b)take proper precautions against accident by protecting the adjoiningbuildings;

(2)The Zonal Commissioner shall cause such street to be sufficientlylighted or guarded during night while under construction or repair.

(3)The Zonal Commissioner shall, as far as practicable, cause the saidwork to be completed at the earliest and without causing inconvenience to the

231. public.

Streets not to be opened or broken up and building materials not to bedeposited thereon without permission.- (1) No person or agency other than the ZonalCommissioner or a Corporation employee shall, without the written permission of theZonal Commissioner who shall give such permission upon the consultation of the ZonalCommittee,(a)open, break up, displace, take up or make any alteration in toany material that is forming part of any street; or(b)deposit any building materials in any street

(2)The Zonal Commissioner may, without notice, cause to be removedany of the things referred to in sub section (1) which has been deposited or set up

232. in any street without the permission specified in that sub-section.

Right to receive compensation owing to any defect in public street.- (1)When a person dies as a result of an accident which occurred due to a defect on a publicstreet, whether such person was commuting by motor vehicle or any vehicle or was apedestrian on a public street, his immediate family or dependents shall have the right,jointly and severally, to claim compensation from the Corporation. .

(2)Any person who suffers an injury as a result of an accident whichoccurred due to a defect on a public street, while commuting by motor vehicle orany vehicle, or as a pedestrian on a public street shall have the right to claimcompensation from the Corporation.

(3)The procedure for determination and payment of compensation shall be

233. done in accordance with rules or bylaws prescribed thereunder.

Naming of Public streets.- (1) The Chief Commissioner, with the sanctionof the Mayor may, with the sanction of the Corporation, determine the name by whichany street or public place vested in the Corporation shall be known and may, at anytime, alter the name of such a street:Provided that, before such naming or renaming, the opinion of the WardCommittees concerned shall be taken into consideration.

(2)No person shall, without lawful authority, destroy, remove, pulldown, deface or in any way injure or alter any such name put up or paint anyname put up or painted by order of the Zonal Commissioner.

(3)The Zonal Commissioner shall cause to be put up or painted inEnglish and Kannada on a conspicuous part of some building, wall or place, at or

234. near each end, corner or entrance the name of every public street.

Numbering of Buildings.-(1) The Zonal Commissioner shall cause anumber to be affixed to the side or outer door of any building or to some place at theentrance of the premises.

(2)No person shall, without lawful authority, destroy, pull down ordeface any such number.

(3)Where a number has been affixed under (1), the owner of the buildingshall be bound to maintain such number and to replace it if removed or defacedand if he fails to do so, the Zonal Commissioner may by notice require him to

217. replace it.

235. Provision for lighting of Public Streets.- (1) The Corporation shall causethe public streets to be lighted and for that purpose shall provide such street lights asmay be necessary.

(2)The Zonal Commissioner shall take measures for lighting in asuitable manner all such public streets and public places.

(3)The Zonal Commissioner shall procure, erect and maintain suchnumber of street lights, lamps, lamp posts and other accessories as may be

236. necessary for the said purpose.

Prohibition of removal, of street lights.- (1) No person shall, withoutlawful authority, take away or wilfully or negligently break or throw down or damage,-(a)any street lights, lamp or lamp post set up in any public streetor any public place; and(b)any electric wire for lighting such street light or lamp;

(2)No person shall willfully or negligently extinguish the light of any streetlight or lamp set up in any public street or any public place.

(3)If any person wilfully or through negligence or accident breaks, orcauses any damage to, any of the things described in sub-section (1), he shall inaddition to any penalty to which he may be subjected under this Act, pay the

237. expenses of repairing the damage so done by him.

Power to allow certain projections and erections;- (1) The ZonalCommissioner may grant a licence subject to such conditions and restrictions as he maythink fit to the owner or occupier of any premises,-(a)to put-up or continue to have verandahs, balconies, sun-shades,weather frames and the like to project over a street; or(b)in streets in which the constructions of arcades has beensanctioned by the Corporation to put up or continue to have an arcade; or(c)to construct any step or drain-covering necessary for access to thepremises.

(2)The Zonal Commissioner may grant a licence subject to such conditionsand restrictions as he may think fit for any temporary construction in any streetor in any public place the control of which is vested in the Corporation.

(3)No licence shall be granted under sub-section (1) if the projection orconstruction is likely to be injurious to health or cause public inconvenience orotherwise materially interfere with the use of the road as such.

(4)On the expiry of any period for which a licence has been granted underthis section or after due communication of an order of suspension or revocationof such licence the Zonal Commissioner may, without notice, cause anyprojection or construction put up under subsection (1) or (2) to be removed, andthe cost of so doing shall be recoverable in the manner from the person to whomthe licence was granted.

(5)The Corporation shall have power to lease road sides and street marginsvested in the Corporation for occupation on such terms and conditions and forsuch period as it may fix:Provided that, no such road sides and street margins shall be leased out forany term exceeding three years without prior sanction of the Government:Provided further that, if the Government consider that any occupation of aroad side or street margin under a lease granted by the Corporation under thissection is likely to be injurious to health or cause public inconvenience or

218. otherwise materially interfere with the use of the road side or street margin as

such, the Government may direct the Corporation to cancel or modify the leaseand the Corporation shall thereupon cancel or modify the lease accordingly.

Chapter XVI
REGULATION OF BUILDINGS INCLUDING TOWN PLANNING

238. Building bye-laws.-(1) With the approval of the Government theCorporation may make bye-laws,-(a)for the regulation or restriction of the use of sites or buildings; and(b)for the regulation or restriction of building.

(2)without prejudice to the generality of the power conferred by clause

(b)of sub-section (1) bye-laws may provide for the following,-

(a)Information and plans required to be submitted to the

Corporation by any person seeking to construct a building within thejurisdiction of the Corporation.

(b)The type of site where the buildings may be constructed and

the permitted technical standards for such construction.

(c)List of locations around which certain types of constructions

may be prohibited.

(d)Height of building sought to be constructed, whether absolute

or relative to the width of the street

(e)Level and width of foundation of the building sought to be

constructed, level of lowest floor and stability of structure

(f)Provision of sufficient open space, external or internal and

adequate means of ventilation within the building.

(g)Provision for secondary means of access for the removal of

waste from the building

(h)Materials and methods of construction of external and party

walls, roofs and floors within the building

(i)Position, materials and methods of construction of hearts,

smoke escapes, chimneys, staircases, privies, drains, cesspools within oroutside the building

(j)Paving of yards within the site where the building is sought to

be constructed

(k)Restrictions on the use of inflammable materials within the

buildings in accordance other relevant regulations.

(l)Provision of lifts within the building

(m)Fire protection requirement within the building in accordance

with the fire plan

(n)Minimum plantation required within a building

(o)Installation of rain water harvesting systems within the

building; and

(p)Minimum quality of materials to be used during construction of

239. buildings.

Prohibition of construction without sanction.-No person shall constructany building or any structure of a permanent nature or execute any of the work relatingto the construction of building including addition, alteration or modification of anexisting within the jurisdiction of the Corporation save and except in accordance withbuilding bye-laws issued under section 238 and upon the sanction of the Corporation to

240. undertake such construction.

Procedure for grant of sanction of building plan.-(1) If any person

219. intends to construct or reconstruct a building, he shall by way of an application as

prescribed apply to the Zonal Commissioner for permission with such documents as maybe prescribed to undertake such construction or re-construction.

(2)Upon receipt of the application under sub-section (1), the ZonalCommissioner shall verify if the application confirms to the building bye-laws andgrant permission to undertake construction or if the application does not confirmto the building bye-laws reject such applications.

(3)The Corporation shall prescribe the conditions for the approval orrejection of building bye-laws.

(4)While verifying an application sub-section (1) the ZonalCommissioner may seek for such information necessary to process theapplication from officers of the ward committees.

(5)The zonal commissioner may if necessary refer any applicationreceived under sub-section (1) to the Chief Commissioner who shall determine insuch application in consultation with the Mayor or any other appropriatecorporation authority in accordance with the Act.

(6)The Zonal Commissioner shall process any application receivedunder sub-section (1) within such time periods as may be prescribed and in theevent of the zonal commissioner not communicating the decision on suchapplication within the prescribed time period the application shall be deemed tobe approved:Provided that, deemed approval shall not be accorded to thoseapplications referred to the Chief Commissioner under Sub-Section (4).

(7)Any approval for a building plan issued under this Section shall bevalid for a duration of five years upon which the person shall apply for permissionafresh.

(8)Any person who constructs in the absence of a sanctioned buildingplan shall be required to pay such penalty as may be prescribed and apply forsanction of the building plan in accordance with this Chapter.

(9)Any person who constructs a building not in accordance with thesanctioned building plan, the Zonal Commissioner may direct such persons toundertake such modification or alteration of the building to ensure conformity tothe sanctioned building plan

(10)The Zonal Commissioner or such officers authorized by him mayundertake such random physical scrutiny of buildings as necessary for thepurposes of enforcing the provisions of this Act.

(11)Notwithstanding anything contained in this Section the ZonalCommissioner shall have the power to order for the stoppage of any construction

241. which in his opinion endangers the human life.

Obligation to provide for rain water harvesting structure.- (1) Everyowner who proposes to construct a building on a sital area of not less than 108 squaremeter shall provide rain water harvesting structure for storage, for use or for groundwater recharge in such manner and subject to such conditions as may be provided in theregulations and guidelines issued by the Corporation.

(2)Every owner who proposes to construct a building on sital area of notless than 216 square metres or an owner or occupier of a building having sitalarea of not less than 216 square metres, shall provide rainwater harvestingstructure for storage, for use and for ground water recharge subject to suchconditions as may be specified in the regulations and guidelines issued by the

220. Corporation.

(3)Every owner who proposes to construct a building on sital area of notless than 1000 square meter or a owner of a building having sital area of not lessthan 1000 square meter who has not provided rain water harvesting structurebefore the commencement of this Act shall provide dual piping system and rainwater harvesting structure for storage and reuse based on roof area and groundwater recharge based on paved and unpaved areas in such manner and subjectto such conditions as may be specified in the regulations and guidelines issuedby the Corporation.Explanation.- For the purpose of this section,-

(a)“rain water harvesting” means collection and storage of rain water from

roof top of a building or from a vacant land for use or for ground waterrecharge; and

(b)“ground water recharge” means recharging of open well or the bore well

or the underground water as the case may be, by use of harvested rain

242. water.

Application to construct or re-construct building.- (1) If any personintends to construct or re-construct a building, he shall send to the Zonal Commissioneran application in writing for permission to execute the work together with a site plan ofthe land, ground-plan, elevations and sections of the building, a specification of the workand such other documents as may be prescribed.Explanation.- 'Building' in this sub-section shall include a wall or fenceof whatever height bounding or abutting on any public street.

(2)Every document furnished under sub-section (1) shall contain suchparticulars and be prepared in such manner as may be required under rules or

243. bye-laws.

Period within which the Zonal Commissioner is to grant or refuse togrant permission to execute work.- (1) Within thirty days after the receipt of anyapplication made under section 242 for permission to execute any work or of anyinformation or of documents or further information or documents required under rulesor bye-laws the Zonal Commissioner shall, by written order, either grant such permissionor refuse on one or more of the grounds mentioned in section 244 or section 245, togrant it.

(2)If the Zonal Commissioner has not within the said period of thirty dayspassed any order, the applicant may address a letter to the Chief Commissionerby name, requesting him to pass necessary orders on his application, and theChief Commissioner shall, within a further period of thirty days from the date ofreceipt of such letter, by written order, either grant such permission or refuse, on

244. one or more of the grounds mentioned in section 244 or section 245, to grant it.

Grounds on which approval of site for, or permission to constructbuilding, may be refused.- (1) The only grounds on which approval of a site for theconstruction or re-construction of a building or permission to construct or re-construct abuilding may be refused, are the following, namely:-

(a)that the work or the use of the site for the work or any of the

particulars comprised in the site plan, ground-plan, elevations, sections,or specification would contravene some specified provisions of any law orsome specified order, rule, declaration or bye-law made under any law;

(b)that the application for such permission does not contain the

particulars or is not prepared in the manner required under rules or bye-

221. laws;

(c)that any of the documents referred to in section 242 have not beensigned as required under rules or bye-laws;(d)that any information or documents required by the ZonalCommissioner under the rules or bye-laws has or have not been dulyfurnished;(e)that streets or roads have not been made as required by section216;(f)that the proposed building would be an encroachment uponGovernment or corporation land;(g)that the site of such building does not abut on a street or aprojected street and there is no access to such building from any suchstreet by a passage or pathway appertaining to such site and not less thanfive meters wide at any part.

(2)Whenever the Zonal Commissioner or the standing committee refuses toapprove a site for a building or to grant permission to construct or re-construct a

245. building the reasons for such refusal shall be specifically stated in the order.

Restriction on the power to sanction construction of a place ofentertainment in certain cases.- Notwithstanding anything contained in this Act or anyrule or bye-law made thereunder, the construction of, or any addition to any building ofpublic entertainment or any addition thereto, shall not, except with the previousapproval of the Government, be sanctioned by the Zonal Commissioner or the standingcommittee, if the site of, or proposed site for, such building is,-

(a)within a radius of two hundred meters from,-

(i)any residential institution attached to a recongnised educational

institution such as a college, high school or girls school; or

(ii)a public hospital with a large indoor patient ward; or

(iii)an orphanage containing one hundred or more inmates; or

(b)in any thickly populated residential area which is either exclusively

residential or reserved or used generally for residential as distinguished frombusiness purposes; or

(c)in any area reserved for residential purposes by any housing or planning

scheme or otherwise under any enactment:Provided that no permission to construct any building intended to be usedfor cinematograph exhibition shall be given unless the standing committee issatisfied that sanction to the plans and specifications have been obtained in

23. accordance with the Karnataka Cinemas (Regulation) Act, 1964 (Karnataka Act

246. of 1964) and the rules made thereunder .

Grant of completion certificate.-(1) Every person who has constructed abuilding in accordance with the provisions of this Chapter shall apply for a completioncertificate to the Zonal Commissioner within one month from the date of completion ofsuch construction.

(2)Any application for completion certificate shall be certified by anempanelled architect who shall certify that the building has been constructed inaccordance with the sanctioned building plan:Provided that, if an empanelled architect certifies a building which is notin conformity with the building bye-laws, the Corporation may upon hearing theconcerned architect levy such penalty as may be prescribed.

(3)The Zonal Commissioner upon receiving an application for grant ofcompletion certificate may grant the completion certificate or the Corporation mayundertake such physical inspection of the building, as necessary, and grant or

222. reject the application for completion certificate.

No person shall occupy the building in the absence of a completion

247. certificate.

Application of provisions to alterations and additions.- (1) Theprovisions of this Chapter and of any rules or bye-laws made under this Act relating toconstruction and re-construction of the buildings shall also be applicable to anyalteration thereof or addition thereto:Provided that works of necessary repair which do not affect the position ordimensions of a building or any room in a building therein shall not be deemedan alteration or addition for the purpose of this section.

(2)If any question arises as to whether any addition or alteration is anecessary repair not affecting the position or dimensions of a building or room ina building therein, such question shall be referred to the standing committee,

248. whose decision shall be final.

Demolition or alteration of buildings or well work unlawfullycommenced, carried on or completed.- (1) If the Zonal Commissioner is satisfied,-(i)that the construction or re-construction of any building or hut or well,-(a)has been commenced without obtaining his permission orwhere an appeal or reference has been made to the standingcommittee, in contravention of any order passed by the standingcommittee; or(b)is being carried on, or has been completed otherwise than inaccordance with the plans or particulars on which such permissionor order was based; or(c)is being carried on, or has been completed in breach of anyof the provisions of this Act or of any rule or bye-law made underthis Act or of any direction or requisition lawfully given or madeunder this Act or such rules or bye-laws; or(ii)that any alteration required by any notice issued under section 308,have not been duly made; or(iii)that any alteration of or addition to any building or hut or any otherwork made or done for any purpose into, or upon any building or hut, hasbeen commenced or is being carried on or has been completed in breach ofsection 247, he may make a provisional order requiring the owner of thebuilding to demolish the work done, or so much of it as, in the opinion ofthe Zonal Commissioner, has been unlawfully executed, or make suchalterations as may, in the opinion of the Zonal Commissioner, benecessary to bring the work into conformity with the Act, rules, bye-laws,directions or requisitions as aforesaid, or with the plans or particulars onwhich such permission or orders was based and may also direct that untilthe said order is complied with the owner or builder shall refrain fromproceeding with the building or well or hut.

(2)The Zonal Commissioner shall serve a copy of the provisional ordermade under sub-section (1) on the owner or builder of the building or hut or welltogether with a notice requiring him to show cause within a reasonable time to benamed in such notice why the order should not be confirmed.

(3)If the owner or builder fails to show cause to the satisfaction of theZonal Commissioner, the Zonal Commissioner may confirm the order, with anymodification he may think fit and such order shall then be binding on the owner.

(4)If the construction or reconstruction of any building or hut is

223. commenced contrary to the provisions of section 240 and the Zonal

Commissioner is of the opinion that immediate action should be taken, then,notwithstanding anything contained in this Act, a notice to be given under sub-section (2) shall not be of less duration than twenty-four hours and shall bedeemed to be duly served if it is affixed in some conspicuous part of the buildingor hut to which the notice relates and published by proclamation at or near suchbuilding accompanied by beat of drum, and upon such affixation and publication,all persons concerned shall be deemed, to have been duly informed of the matters

249. stated therein.

Regularisation of certain unlawful buildings.- (1) Notwithstandinganything contained in this Act, when construction of any building is completed in

239. contravention of the section 240, section 245 and building by laws made under section

, the Zonal Commissioner may regularise building constructed prior to the date ofcommencement of the Karnataka Town and Country Planning and certain other Laws(Amendment)Act, 2013 subject to the following restrictions and such rules as may beprescribed and on payment of the amount specified in sub-section (2), namely:-(a)Where the building is built abutting the neighbouring property or wherethe set back provided is less than the limit prescribed in bye laws, violationupto twenty-five percent in case of non-residential buildings and fifty percentin case of residential buildings shall be regularized.(b)No development made in the basement or usage in contravention of byelaw shall be regularized.(c)The construction of building shall not be regularised if it violates thebuilding line specified on any given road unless the owners of such buildingfurnish an undertaking that the space between the building line and the roador footpath or margin will be given up free of cost at any time when requiredfor the purpose of widening the road in question.(d)The provisions of sub-sections (2) to (14) of section 76 FF of theKarnataka Town and Country Planning Act, 1961, shall apply mutatismutandis for regularization of building under this section and application forregularization being made to the Zonal Commissioner.

(2)Regularisation of any construction under this section shall be subject topayment of the prescribed amount which may be different for different types ofcontravention of building bye-laws:Provided that the amount so prescribed shall not be less than,-

(i)six percent of the market value, determined in accordance with the

Karnataka Stamp Act, 1957 and rules made thereunder, of the portion ofthe building built in violation of the provisions referred to above, if suchviolation of set back norms and permissible floor area ratio does not exceedtwenty five percent;

(ii)eight percent of the market value, determined in accordance with the

Karnataka Stamp Act, 1957 and the rules made thereunder, of the portionof the building built in violation of the provisions referred to above, if suchviolation of set back norms and permissible floor area ratio exceeds twentyfive percent but does not exceed fifty percent:Provided further that where the portion of the building is built in violation ofthe provisions referred to above is being used or meant for non-residentialpurpose and amount payable for regularization of such portion shall be,-

(a)twenty percent of the market value, determined in accordance

with the Karnataka Stamp Act, 1957 and the rules made thereunder, of the

224. portion of the building built in violation of the provisions referred to above,

if such violation of set back norms and permissible floor area ratio does notexceed twelve and a half percent;(b)thirty five percent of the market value, determined in accordancewith the Karnataka Stamp Act, 1957 and the rules made thereunder, of theportion of the building built in violation of the provisions referred to above,if such violation of set back norms and permissible floor area ratio exceedstwelve and a half percent but does not exceed twenty five percent.

(3)No person shall be liable to pay fine or fee for regularization under anyother law if he has paid regularization fee under this Act for the same violations.

(4)All payments made under sub-section (1) shall be credited to a separatefund kept in the concerned Local/Planning Authority called the urban areasinfrastructure Development fund which shall be utilized in such manner, for thedevelopment of infrastructure, civic amenities, lighting, parks, drinking water,

250. drainage system and for any other infrastructure, as may be prescribed.

Power of corporation to regulate future construction of certain classesof buildings in particular streets or localities.- (1) The corporation may give publicnotice of its intention to declare,-(a)that in any streets or portions of streets specified in the notice,-(i)continuous building will be allowed;(ii)the elevation and construction of the frontage of all buildingsthereafter constructed or reconstructed shall, in respect of their architecturalfeatures be such as the standing committee may consider suitable to the locality,or(b)that in any localities specified in the notice the construction of onlydetached buildings will be allowed, or(c)that in any streets, portions of streets of localities specified in thenotice, the construction of shops, warehouses, factories, huts or buildings of aspecified architectural character or buildings designed for particular uses will notbe allowed without the special permission of the standing committee.

(2)No objections to any such declaration shall be received after a periodof three months from the publication of such notice.

(3)The standing committee shall consider all objections received withinthe said period and may then confirm the declaration, and before doing so, maymodify it, but not so as to extend its effect.

(4)The Zonal Commissioner shall publish any declaration so confirmedand it shall take effect from the date of publication.

(5)No person shall, after the date of publication of such declaration,

251. construct or reconstruct any building in contravention of any such declaration.

Building at corner of streets.- (1) The corporation may require anybuilding intended to be erected at the corner of two streets to be rounded off or displayedoff to such height and to such extent otherwise as it may determine, and may acquiresuch portion of the site at the corner as it may consider necessary for public convenienceor amenity.

(2)For any land so acquired the corporation shall pay compensation inaccordance with the Right to Fair Compensation and Transparency in landAcquisition, Rehabilitation and Resettlement Act, 2013 (Central Act 30 of 2013).

(3)In determining such compensation allowance shall be made for any

225. benefit accruing to the same premises from the improvement of the streets.

252. Penalty against jurisdictional officer failing to prevent unauthoriseddeviations or constructions.-The jurisdictional officer who is proved to have failed toprevent unauthorized deviation or construction that have taken place in his jurisdiction

253. shall be liable for such punishment as may be prescribed.

Appeal against the decisions of the zonal commissioner.-(1)Any personaggrieved by the decision of the Zonal Commissioner under this Chapter shall, withinthirty days from the date of receipt of such decision, appeal to the Chief Commissionerwhose decision shall be final.

(2)The Chief Commissioner shall decide any matters referred to it undersub-section (1) within sixty days.

Chapter XVII
NUISANCE

254. Prohibition of nuisance.-(1)No person shall commit any nuisance in anypublic street or public place, or(a)unauthorizedly affix upon any building, monument, post, wall, fence,tree or any other public place, any bill, notice or other document, or(b)unauthorizedly deface, or write upon, or otherwise mark on abuilding, monument, post, wall, fence, tree or any other public place,(c)carry rubbish, filth or other polluted and obnoxious matter along anyroute in contravention of any prohibition made in this behalf by the ZonalCommissioner by notice, or(d)bury or cremate or otherwise dispose of any corpse at a place notlicensed for the purpose, or(e)quarry, blast, cut timber or carry on building operations causing, orlikely to cause danger to persons passing by, or dwelling or working, in theneighbourhood,(f)disturb public peace or order in violation of sound pollution controlorder, if any, or(g)cause pollution of air in violation of an air pollution control order, ifany, or(h)cause obstruction to the movement of vehicular or pedestrian trafficwithout permission from the competent authority.

(2)Where the Zonal Commissioner or the officer authorised in thisbehalf, is of the opinion that there is a nuisance as per sub-section (1) on anyland or building she may, by notice, in writing, require the person by whose act,default or sufferance the nuisance arises or continues or all of the owners, lesseesor occupiers of such land or building to remove or abate the nuisance by takingsuch measures, in such manner, and within such period, as may be specified inthe notice in accordance, wherever applicable, with the provision of the

35. Karnataka Open Places(Prevention of Disfigurement) Act, 1981 (Karnataka Act No

of 1982).

(3)Where the Zonal Commissioner or the officer authorised in thisbehalf, is of the opinion that immediate, removal of any nuisance as per sub-section(1) continuing on any land or building in contravention of the provisions ofthis Act is necessary, she may, for reasons to be recorded in writing, cause suchnuisance to be removed forthwith in accordance, wherever applicable, with theprovision of the Karnataka Open Places(Prevention of Disfigurement) Act, 1981.

(4)Any person or group of persons who fails to comply with any order

226. under this section shall be liable to a penalty as prescribed or in accordance

wherever applicable, with the provision of the Karnataka Open Places (Prevention

255. of Disfigurement) Act, 1981 (Karnataka Act No 35 of 1982).

Control of pollution and polluter pays principle.-(1)Subject to theprovisions of any law relating to air, water or noise pollution, for the time being in forceand in accordance with any notification by the State Government in that behalf, theCorporation may function as a competent authority for the enforcement of such law.

(2)The Corporation may, by regulation, provide for recovery of chargesand imposition of penalty on those persons who are directly responsible for

256. causing pollution of any kind referred to in this chapter.

Precautions in case of dangerous structures.- (1) If any structure bedeemed by the Chief Commissioner to be in a ruinous state or dangerous to passers byor to the occupiers of neighbouring structures, the Chief Commissioner may, by noticerequire the owner or occupier to fence off, take down, secure or repair such structure soas to prevent any danger therefrom.

(2)If immediate action is necessary, the Chief commissioner may himself,before giving such notice or before the period of notice expires, fence off, takedown, secure or repair such structure or fence off a part of any street or takesuch temporary measures as he thinks fit to prevent danger and the cost of doingso shall be recoverable from the owner or occupier as arrears of land revenue.

(3)If in the Chief Commissioner's opinion the said structure is imminentlydangerous to the inmates thereof, the Chief Commissioner shall order theimmediate evacuation thereof and any persons disobeying may be removed by

257. any police officer.

Precautions in case of dangerous trees.- (1) If any tree or any branch of atree or the fruit of any tree be deemed by the Chief Commissioner to be likely to fall andthereby to endanger any person or any structure, the Chief Commissioner may by noticerequire the owner of the said tree to secure, lop or cut down the said tree or remove thefruit so as to prevent any danger therefrom.

(2)If immediate action is necessary, the Chief Commissioner may himselfbefore giving such notice or before the period of notice expires secure, lop or cutdown the said tree or remove the fruit thereof or fence off a part of any street or totake such temporary measure, as he thinks fit to prevent danger, and the cost ofso doing shall be recoverable from the owner of the tree as arrears of land

258. revenue.

Precautions in case of dangerous tanks, wells, holes etc.- (1) If any tank,pond, well, hole, stream, dam, bank or other place be deemed by the Chief Commissionerto be for want of sufficient repair, protection or enclosure, dangerous to the passers by orto persons living in the neighbourhood, the Chief Commissioner may by notice requirethe owner to fill in, remove, repair, protect or enclose the same so as to prevent anydanger therefrom.

(2)If immediate action is necessary the Chief Commissioner may himself,before giving such notice or before the period of notice expires, take suchtemporary measures as hethinks fit to prevent danger and the cost of doing so

259. shall be recoverable from the owner as arrears of land revenue.

Precautions against fire.- (1) The Chief Commissioner may by noticerequire the owner of any structure, booth or tent, partly or entirely composed of orhaving any external roof, verandah, pendal, fence, or wall partly or entirely composed ofcloth, grass, leaves, mats or other inflammable materials to remove or alter suchstructure, booth, tent, roof, verandah, pendal, fence or wall, or may grant himpermission to retain the same on such conditions as the Chief Commissioner may think

227. necessary to prevent danger from fire.

(2)The Chief Commissioner may by notice require any person using anyplace for the storage for private use of timber firewood or other combustiblethings to take special steps to guard against danger from fire.

(3)Where the Chief Commissioner is of opinion that the means of egressfrom any structure are insufficient to allow of safe exit in the event of fire, he maywith the sanction of the standing committee by notice require the owner oroccupier of the structure to alter or reconstruct any staircase in such manner orto provide such additional or emergency staircases as he may direct; and whenany structure, booth or tent is used for purposes of public entertainment, he mayrequire, subject to such sanction as aforesaid, that it shall be provided with anadequate number of clearly indicated exits so placed and maintained as readily toafford the audience ample means of safe egress, that the seating be so arrangedas not interfere with free access to the exits and that the gangways, passage andstaircases leading to the exits shall, during the presence of the public, be kept

260. clear of obstructions.

Removal of filth or noxious vegetation.- The Chief Commissioner may bynotice require the owner or occupier of any building or land (which appears to him to bein a filthy or unwholesome state or overgrown with any thick or noxious vegetation, treesor undergrowth injurious to health or offensive to the neighbourhood), to cleanse, clearor otherwise put the building or land in proper state or to clear away and remove suchvegetation, trees or under growth within twenty four hours or such longer period and in

261. such manner as may be specified in the notice.

Abatement of nuisance from dust, smoke, etc.- If in the opinion of theChief Commissioner the storage, dumping or deposit in any building or land of coal,charcoal, ashes, cinders, gunny bags, wool cotton or any material of the shifting,breaking, cutting or burning of such coal charcoal, ashes, cinders or material orsubjecting the same to any process causes or is likely to cause nuisance to theinhabitants in the neighbourhood of such building or land, by the emanation of dust,floating particles, smoke, unwholesome smell or noise or otherwise, he may, by notice,require the owner or occupier of such building of land to take such steps as may be

262. specified in the notice for the abatement of such nuisance.

Fencing of buildings or lands and pruning of hedges and trees.- TheChief Commissioner may by notice require the owner or occupier of any building or landnear a public street to,-

(a)fence the same to the satisfaction of the Chief Commissioner; or

(b)trim or prune any hedges bordering on the said street so that they

may not exceed such height from the level of the adjoining roadway as theChief Commissioner may determine; or

(c)cut and trim any hedges and trees overhanging the said street and

obstructing it or the view of traffic or causing it damage; or

(d)lower an enclosing wall or fence which by reason of its height and

263. situation obstructs the view of traffic so as to cause danger.

Building unfit for human habitation.- (1) If any building or portionthereof, intended for or used as a dwelling-place appears to the Chief Commissioner to beunfit for human habitation he may apply to the standing committee to prohibit thefurther use of such building for such purpose, and the standing committee may, aftergiving the owner and occupiers thereof a reasonable opportunity of showing cause whysuch order should not be made, make a prohibitory order as aforesaid.

(2)When any such prohibitory order has been made, the ChiefCommissioner shall communicate the purport thereof to the owner and occupierof the building and on expiry of such period as is specified in the notice, not being

228. less than thirty days after the service of the notice, no owner or occupier shall use

or suffer it to be used for human habitation until the Chief Commissioner certifiesin writing that the causes rendering it unfit for human habitation have beenremoved to his satisfaction or the standing committee withdraws the prohibition.

(3)When such prohibitory order has remained in operation for threemonths, the Chief Commissioner shall report the case to the standing committeewhich shall thereupon consider whether the building should not be demolished.The standing committee shall give the owner not less than thirty days' notice ofthe time and place at which the question will be considered and the owner shallbe entitled to be heard when the question is taken into consideration.

(4)If upon such consideration the standing committee is of opinion thatthe building has not been rendered fit for human habitation and that steps arenot being taken with due diligence to render it so fit and that the continuancethereof is a nuisance or dangerous or injurious to the health of the public or tothe inhabitants of the neighbourhood, it shall record a decision, to that effectwith the grounds of the decision, and the Chief Commissioner shall, in pursuanceof the said decision by notice, require the owner to demolish the building.

(5)If the owner undertakes to execute forthwith the works necessary torender the building fit for human habitation and the Chief Commissionerconsiders that it can be so made fit, the Chief Commissioner may postpone theexecution of the decision of the standing committee, for such time not exceedingsix months, as he thinks sufficient for the purpose of giving the owner an

264. opportunity of executing the necessary works.

Limitation of compensation.- No person shall be entitled, save asprovided in section 283, to compensation for any damages sustained by reason of anyaction taken by a Corporation authority in pursuance of its powers under this chapter.

Chapter XVIII
PUBLIC HEALTH

265. Duties of the Corporation with respect to public health.-It shall be theduty of the Corporation, or any other agency authorized by it in this behalf, to takeadequate measures on the subject of public health including inspection, supervision,regulation, and control of premises to ensure proper sanitation, prevent the spread ofdangerous diseases and undertake such measures necessary to maintain the necessary

266. standards of public health.

Corporation’s power to order or undertake sanitation of buildings orsites.-(1)Subject to such regulations as may be made in this behalf, the ZonalCommissioner or any other officer authorised in this behalf may, either on her own orthrough any other agency or officer authorized by him in this behalf –

(a)cause any building or other premises to be inspected for the purpose

of ascertaining the sanitary conditions thereof,

(b)require the owner or the occupier of any land or building or any part

thereof to cleanse it, if it appears necessary so to do for reasons of sanitation,

(c)issue such order as she deems necessary for the improvement of any

unsanitary premises which are likely to cause risk of disease to the inmates ofsuch premises or to the inhabitants of the neighbourhood or are, for any reason,likely to endanger community health or safety,

(d)by notice, prohibit the owner or the occupier from the use of any

building, or any room in a building, which appears to him to be unfit for humanhabitation, as dwelling,

(e)direct the filling up of any well, pool, ditch, tank, pond, pit or

229. undrained ground, cistern, or reservoir of any waste or stagnant water, which

appears to her to be, or likely to become, injurious to health or offensive to theneighbourhood,(f)by notice, require the owner or person having control over any privatewater course, spring, tank, well or other place the water of which is used fordrinking, bathing or washing clothes to keep the same in good repair, to cleanseit in such manner to protect it from pollution,(g)by notice, direct the owner or occupier to cleanse of any building orland, which appears to her, or likely to become, which if left unattended would beinjurious to public health. njurious to health or offensive to the neighbourhood.

(2)Where the Zonal Commissioner or the officer authorised in thisbehalf, is of the opinion that there is a threat to health or safety on any land orbuilding, he may, by notice, in writing, require the person by whose act, defaultor sufferance said threat arises or continues or all of the owners, lessees oroccupiers of such land or building to remove or abate the same by taking suchmeasures, in such manner, and within such period, as may be specified in thenotice.

(3)If immediate action is necessary, the Zonal Commissioner mayhimself before giving such notice or before the period of notice expires secure,take such measures, as he thinks fit to prevent the threat to health or safety, andthe cost of so doing shall be recoverable from the owner or occupier of the

267. building or land in the manner specified in the bye-laws.

Power to notify dangerous Diseases.-(1) On notification of the Corporationof the existence of any dangerous disease in any public or private dwelling in thecorporation area, the Zonal Commissioner may undertake such measures as necessaryfor the prevention of the dangerous disease

(2)The Zonal Commissioner, or any officer authorised in this behalf, if itappears reasonable to him inspect any place in which any dangerous disease isreported or suspected to exist and take such measures as he may think fit toprevent the spread of such disease beyond such place.

(3)In the event of prevalence of a dangerous disease within acorporation area, the Zonal Commissioner may, by notice, require the owner oroccupier of any building or site used for the purpose of public entertainment to be

268. closed for such period as it may deem necessary.

Disinfection of buildings and articles;- (1) If the Zonal Commissioner orhealth officer is of opinion that the cleansing or disinfecting of a building or of any partthereof, or of any article therein, which is likely to retain infection, will tend to prevent orcheck the spread of any dangerous disease, he may by notice, require the owner oroccupier to cleanse or disinfect the same, in the manner and within the time specified insuch notice.

(2)The owner or occupier shall, within the time specified as aforesaid,comply with the terms of the notice.

(3)If the Zonal Commissioner or health officer considers that immediateaction is necessary, or that the owner or occupier is, by reason of poverty orotherwise, unable effectually to comply with his requisition, the ZonalCommissioner or health officer may himself without notice cause such buildings,or article to be cleansed or disinfected, and for this purpose may cause sucharticle to be removed from the building or premises; and the expenses incurred bythe Zonal Commissioner or health officer shall be recoverable from the said owner

230. or occupier.

269. Provision of places for disinfection and power to destroy infectedarticles (1) The Zonal Commissioner may,-(a)provide proper places with all necessary attendants and apparatusfor the disinfection of conveyances, clothing, bedding or other articles, whichhave been exposed to infection from any dangerous disease; and(b)cause conveyances, clothing, bedding or other articles brought fordisinfection to be disinfected free of charge, or subject to such charges, asmay be approved by the standing committee.

(2)The Zonal Commissioner shall notify places at which conveyance,clothing, bedding or other articles which have been exposed to infection from anydangerous disease shall be washed and disinfected and no person shall wash ordisinfect any such article at any place not so notified.

(3)The Zonal Commissioner may direct any clothing, bedding or otherarticle likely to retain infection from any dangerous disease to be disinfected or

270. destroyed.

Power to order closure of places of public entertainment.- In the eventof prevalence of any dangerous disease within the city, the Chief Commissioner may,with the sanction of the standing committee, by notice require the owner or occupier ofany building, booth or tent used for purposes of public entertainment to close the same

271. for such period as may be fixed by the standing committee.

Prohibition against transfer of infected articles.- No person shall,without previously disinfecting it, give, lend, let, hire, sell, transmit or otherwise disposeof, any article which he knows or has reason to know has been exposed to infection fromany dangerous disease:Provided that nothing in this section shall apply to a person who transmits

272. with proper precautions any article for the purpose of having it disinfected.

Prohibition against infected person carrying on occupation.- If anyperson knows or has been certified by the health officer or a registered medicalpractitioner in the service of the Government or the corporation that he is suffering froma dangerous disease he shall not engage in any occupation or carry on trade or business

273. unless he can do so without risk of spreading the disease.

Prohibition against diseased person entering public conveyance.- (1)No person who is suffering from any dangerous disease shall enter a public conveyancewithout previously notifying to the owner or driver or person in charge of suchconveyance that he is so suffering.

(2)No owner or driver or person in charge of a public conveyance shall bebound to convey any person suffering as aforesaid, unless and until the saidperson pays or tenders a sum sufficient to cover any loss and costs that may beincurred in disinfecting such conveyance.

(3)A court convicting any person of contravening sub-section (1) may levy,in addition to the penalty for the offence provided in this Act, such amount as thecourt deems sufficient to cover the loss and costs which the owner or driver mustincur for the purpose of disinfecting the conveyance. The amount so imposedshall be awarded by the court to the owner or driver of the conveyance: Providedthat in a case which is subject to appeal, such amount shall not be paid to theowner or driver before the period allowed for presenting the appeal has elapsed orif an appeal is presented, before the decision of the appeal.

(4)At the time of awarding compensation in any subsequent civil suitrelating to the same matter, the court shall take into account any sum which the

231. plaintiff shall have received under this section.

274. Disinfection of public conveyance after carriage of patients.- (1) Theowner, driver or person in charge of any public conveyance in which any person sufferingfrom a dangerous disease has been carried, shall forthwith disinfect the conveyance orcause it to be disinfected.

(2)No such conveyance shall be used until the health officer or some personauthorised by him in this behalf has granted a certificate stating that it may be

275. used without causing risk of infection.

Letting of infected building.- (1) No person shall let or sub-let or for thatpurpose allow any person to enter a building or any part of a building in which he knowsor has reason to know that a person has been suffering from a dangerous disease untilthe health officer has granted a certificate that such building may be re-occupied.

(2)For the purpose of sub-section (1), the keeper of a hotel or lodging houseshall be deemed to let the same or part of the same to any person accommodated

276. therein.

Minor suffering from dangerous disease not to attend school.- Noperson being the parent or having the care of charge of a minor who is or has beensuffering form a dangerous disease or has been exposed to infection there from shall,after a notice from the health officer that the minor is not to be sent to school or college,permit such minor to attend school or college without having procured from the healthofficer a certificate (which shall be granted free of charge on application) that in hisopinion such minor may attend without undue risk of communicating such disease to

277. others.

Provision as to library books.- (1) No person who is suffering from aninfectious disease shall take any book or use or cause any book to be taken for his usefrom or in any public or circulating library.

(2)A person shall not permit any book which has been taken from a public orcirculating library, and is under his control, to be used by any person whom heknows to be suffering from an infectious disease.

(3)A person shall not return to any public or circulating library any bookwhich he knows to have been exposed to infection from any infectious disease, orpermit any such book which is under his control to be so returned, but shall givenotice to the Chief Commissioner that the book has been so exposed to infectionand the Chief Commissioner shall cause the book to be disinfected and returnedto the library, or to be destroyed.

(4)The Chief Commissioner shall pay to the proprietor of the concernedlibrary the value of any book destroyed. Explanation.- For the purposes of thissection the Commissioner shall from time to time notify what diseases are to be

278. deemed infectious.

Power to prohibit use of water likely to spread infection.- If the healthofficer certifies that the water in any well, tank or other place within the limits of the cityis likely, if used for drinking, to endanger or cause the spread of any dangerous disease,the Chief Commissioner may, by public notice, prohibit the removal or use of such water

279. for drinking and domestic purposes during a specified period.

Compulsory vaccination.- The corporation shall enforce vaccinationthroughout the city in such manner as may be prescribed and it may enforce vaccinationthroughout the city or in any part thereof, in respect of such person, to such extent and

280. in such manner as may be prescribed.

Obligation to give information of dangerous disease.- Where an inmateof any dwelling place within the city is suffering from dangerous disease, the head of thefamily to which the inmate belongs and, on his default, the occupier or person in chargeof such place, shall inform the Chief Commissioner, the health officer or the sanitary

232. inspector of the division with the least practicable delay.

281. Prohibition to enter the city.- No person who has a dangerous diseaseshall enter the city from the date notified by the Chief Commissioner without a certificatefrom a medical practitioner of such class as the Chief Commissioner may authorisestating that such person is no longer likely to produce dangerous disease by contact or

282. near approach.

Power to stop dangerous quarrying.- If in the opinion of the ChiefCommissioner, the working of any quarry, or the removal of stone, earth or othermaterials from any place is dangerous to persons residing in or having legal access to theneighbourhood thereof or creates or is likely to create a nuisance, the ChiefCommissioner, may, with the approval of the standing committee, by notice, require theowner or person having control of the said quarry or place to discontinue working thesame or to discontinue removing stone, earth or other material from such place or totake such order with such quarry or place, as he shall deem necessary for the purpose of

283. preventing danger or of abating the nuisance arising or likely to arise therefrom.

Power to order filling in pools, etc., which are a nuisance andregulation of agriculture within the city.- (1) If in the opinion of the ChiefCommissioner,-(a)any pool, ditch, tank, well, pond, bog, swamp, quarry-hole, drain,cess-pool, pit, water-course or any collection of water; or(b)any land on which water may at any time accumulate, is or islikely to become a breeding-place of mosquitoes or in any other respect anuisance, the Chief Commissioner may, by notice, require the owner or personhaving control thereof to fill up, cover, weed, stock with weed, stock withlarvicidal fish, treat with kerosene oil, or drain off the same in such mannerand with such materials as the Chief Commissioner shall direct or to take suchorder with the same for removing or abating the nuisance as the ChiefCommissioner shall direct.

(2)If a person on whom a requisition is made under sub section (1) to fillup, cover over, or drain off a well, delivers to the Chief Commissioner, within thetime fixed for compliance therewith written objections to such requisition theChief Commissioner shall report such objections to the standing committee andshall make further inquiry into the case, and he shall not institute anyprosecution for failure to comply with such requisition except with the approval ofthe standing committee, but the Chief Commissioner may nevertheless, if hedeems the execution of the work called for by such requisition to be of urgentimportance, proceed in accordance with section 356 and pending the standingcommittee's disposal of the question whether the said well shall be permanentlyfilled up, covered over or otherwise dealt with, may cause such well to be securelycovered over, so as to prevent the ingress of mosquitoes and in every such casethe Chief Commissioner shall determine with the approval of the standingcommittee, whether the expenses of any work already done as aforesaid shall bepaid by the owner or by the Chief Commissioner out of the corporation fund orshall be shared and if so, in what proportions.

(3)On the report of the health officer that the cultivation of any specifiedcrop, or the use of any specified manure or the irrigation of land in any placewithin the limits of the city is injurious to the public health, the corporation may,with the previous sanction of the Government by public notice, regulate orprohibit the cultivation, use of manure or irrigation so reported to be injurious:Provided that when such cultivation or irrigation has been practised duringthe five years preceding the date of such public notice with such continuity as the

233. ordinary course of husbandry admits of, compensation shall be paid from the

corporation fund to all persons interested for any damage caused to them bysuch prohibition.

Chapter XIX
DISASTER MANAGEMENT

284. Management of disasters.-(1) The Corporation shall, assist the concernedauthorities of the Central Government or the State Government established for theprevention or management of any natural calamity in such manner as it may be directedto do so.

(2)Subject to any law of the State Legislature or the Parliament, theCorporation shall undertake all measures necessary while performing itsregulatory and supervisory functions under this Act to mitigate any risk ofnatural or technological calamity

(3)The Corporation shall prepare a Fire Hazard Response and MitigationPlan every year as prescribed by the State Government after previous publicationand publish the Plan in the Official Gazette.

Chapter XX
WASTE MANAGEMENT

285. Duty of the Corporation in handling solid waste.-(1)It shall be the dutyof the Corporation, either through an agency or through its own to implement theprovisions of the Solid Waste Management Rules, 2016 to regulate the management andhandling of municipal solid waste and for the development of any infrastructure forcollection, storage, transportation, processing and disposal of such solid wastes.

(2)The Corporation shall also prepare a solid waste management plan inaccordance with the policy of the state and implement this strategy.

(3)The Corporation shall also train waste pickers and collectors on solidwaste management.

(4)The Corporation shall also involve communities in wastemanagement and shall promote home composting and other such processes atthe community level.

(5)The Corporation shall create public awareness through information

286. about the need for ensuring proper waste management.

Entrustment of management and handling of solid wastes and billingand collection of charges.-Notwithstanding anything contained elsewhere in this Act,for the purposes of management and handling of municipal solid wastes and fordevelopment of infrastructure, if any, for collection, storage, transportation, processingand disposal of such solid wastes, a charge shall be levied, and payment thereof shall bemade, at such rate as the Corporation may fix, from time to time:Provided that, the charge as aforesaid shall, as far as practicable, be suchas shall cover the costs on account of management and handling of municipalsolid wastes and development of infrastructure, if any, for collection, storage,

287. transportation, processing and disposal thereof.

Identification of places for disposal and final disposal of solid waste.-The Corporation may, either on its own or through any other agency, cause the solidwastes to be disposed of at such place or places within or outside the Corporation area,and in such manner, as it considers suitable:Provided that the solid wastes shall not be finally disposed of in any

288. manner which the Government may think fit to disallow.

Duty of owners and occupiers of premises to store solid wastes at thesource of the generation.-It shall be the duty of the owners and the occupiers of all

234. lands and building in the Corporation area. –

(1)to have the premises swept and cleaned on a regular basis;

(2)to provide for separate receptacles or disposal bags for the storage of

(a)organic and bio-degradable wastes,

(b)recyclable or non-bio-degradable wastes, and

(c)domestic hazardous wastes so as to ensure that these different

types of wastes do not get mixed;

(d)to keep such receptacles in good condition and order; and

(e)to cause all such wastes, including rubbish, any noxious or

offensive matter, night soil, filth, , dung, bones, ashes, carcassesof dead animals, bio-medical wastes and other polluted andobnoxious matters to be collected from their respective premisesand to be deposited in community bins or receptacles at suchtimes and in such places as the Zonal Commissioner may, by

289. notice, specify.

Duty of the corporation for handling different types of waste.-

(1)Bio-medical waste:It shall be the duty of the Corporation, through an agency or by itselfto implement the provisions of the rules prescribed under this Act.

(2)E-waste:It shall be the duty of the Corporation, through an agency toimplement the provisions of the rules prescribed under this Act.

(3)Plastic waste:It shall be the duty of the Corporation to implement the provisions of

290. the of the rules prescribed under this Act.

Responsibilities of commercial waste generators.- (1) The WasteGenerators such as Street Vendors shall segregate the Solid Waste generated during thecourse of its activity such as food waste, disposable plates, cups, cans, wrappers,coconut shells, leftover food, vegetables, fruits and similar items.

(2)Every Occupier of any Premises who generates poultry, fish andslaughter waste as a result of any commercial activity, shall store such wasteseparately in a closed and hygienic condition and such waste shall not be mixed

291. with any other category of Solid Waste.

Functions of the Ward Committee.- (1) The Ward Committee shallorganize collection of municipal solid wastes through any of the methods, likecommunity bin collection, house-to-house collection, and collection on regular pre-informed times and schedules;

(2)The Ward Committee shall devise collection of wastes from slums andsquatter areas or other localities including hotels, restaurants, office complexesand commercial areas;

(3)The Ward Committee shall remove at regular intervals all solidwastes so collected under clause (1) and clause (2) for disposal on daily basis,and

(4)The Ward Committee shall arrange for making use of biodegradablewastes from slaughterhouses, meat and fish markets, and fruits and vegetablemarkets in an environmentally acceptable manner.

(5)The Ward Committee shall also ensure that solid waste is collectedfrom public spaces such as parks, markets, roads, streets, gardens and similar

235. areas that fall within the respective ward.

292. Duties of Ward Committees with regards to waste management.-

(1)The Ward Committees established under this Act shall work with theCorporation for proper solid waste management and sanitation work in the ward.

(2)The Ward Committees will prepare Ward action plan which shall takeinto account consideration the Ward requirement, budgetary allocations,infrastructure requirement while aligning it with the Ward Micro Plan and otherpolicies of the Corporation.

(3)The Ward Committee shall asses the type and quantity of Solid Wastegenerated in the Ward, existing processing capacity, plans for additionalprocessing and facilities.

(4)The requirements and targets identified in the Ward action plan shallbe monitored regularly by the Ward Committee.

(5)In accordance with the Ward Action Plan, the Ward Committees shallassess the type and quantity of waste generated, manner of waste collection andwaste processing and such other facilities that may help in proper wastemanagement in their respective wards.

(6)The Ward Plan shall also take into consideration the variouscategories of waste, collection points and vehicles for waste collection and suchother information as is required for the implementation of the Solid WasteManagement Rules, 2016.

(7)Such a plan shall be regularly monitored and reviewed under theaegis of the Zonal Commissioner and he may appoint such other officers on hisbehalf to carry out the said review.

(8)The Zonal Commissioner or the officer appointed on his behalf shallhave the authority to inspect and shall prepare a report in this regard which is tobe reviewed by the Corporation. For the purpose of inspection, the officer shallhave the right to enter any place, at all reasonable times, for the purposes ofcomplying with the Ward Action Plan.

(9)The Ward Committee shall deliberate on the action taken by theCorporation and take necessary steps that are required to comply with therecommendations set out in such report.

(10)The Ward Committee shall formulate a committee that shall compriseof concerned citizens in each ward to survey and provide regular reports formonitoring cleanliness, collection of solid waste and to participate in theorganisation of cleanliness drives or awareness campaigns in their Ward.

(11)There shall be periodic meetings of the said committee with the Wardcommittee to ensure the implementation of redressal of issues highlighted in the

293. reports prepared by the Waste Management Committee.

Ward Micro Plan.-(1) The Corporation shall create a solid wastemanagement plan for every block in a Ward and ensure its implementation along withthe Ward Committee. The Ward Micro Plan shall contain the collection times for differentcategories of Solid Waste, details of the collection vehicles and points, Block-wise map ofthe Ward, roads/streets for street sweeping, manpower and other information requiredfor effective implementation of the solid waste management as may be consideredappropriate by Corporation.

(2)The Zonal Committee shall committee shall conduct regular checksin various parts of the Wards and other places of collection, transportation,processing and disposal of Solid Waste within its territorial limits to supervise

236. compliance of various provisions of SWM Rules and this Act.

(3)The Corporation may authorize officers who shall monitor and reviewthe implementation of the Ward micro plan and prepare Ward action report on amonthly basis for onward submission to the Zonal Commissioner of theCorporation.

(4)Such an officer shall have the right to enter, at all reasonable times,,with such assistance as he considers necessary, any place for the purpose of ,-

(a)performing any of the functions entrusted to him by the Corporation or

(b)determine compliance of the provisions of this Act.

(5)The Corporation shall publicise the manner of segregation throughthe media, signs, advertisement, leaflets, announcement on radio and televisions,newspapers and through any other appropriate means, so that all citizens aremade aware about the duties of citizens and the Corporation in relation to

294. segregation, recycling, littering, nuisance, penalties and fines.

Training and public awareness.-The Corporation shall undertake trainingto educate its staff, informal waste pickers/collectors on collecting and transporting ofSolid Waste in a segregated manner and processing the Solid Waste in a manner set out

295. in the Solid Waste Management Rules and under this Act.

Reduction of waste by the Corporation.-The Corporation shall makeefforts to minimise and reduce the generation of Solid Waste by discouraging theproduction, sale and consumption of products containing unnecessary packaging

296. material, disposable products through awareness programs and provision of incentives.

Penalties for contravention of waste management.- (1) Whosoevercontravenes or fails to comply with any of the provisions of the Waste Management rulesor bye-laws shall be punished with a fine of not more than rupees two lakhs asdetermined by such applicable rules or byelaws.

(2)The Corporation shall also take appropriate action including theimposition of penalties initiation of disciplinary action against those employeeswho fail to discharge their functions in accordance with the Act or through any

297. Rules or Byelaws that may be issued for this purpose.

Waste generated during public gatherings.-(1) Every person whoorganizes an event or gathering of more than hundred people at any licensed place shallensure the segregation of solid waste in such manner as may be prescribed.

(2)Each person shall also ensure that cleanliness of the area after theevent where the Solid waste is segregated, collected and processed in accordancewith the law as prescribed.

(3)The procedure for managing waste generated during publicgatherings shall be prescribed by byelaws thereunder.CHAPTER – XXI

298. URBAN HERITAGE

Protection, Conservation and Maintenance of Urban Heritage.-

(1)The Corporation shall be responsible –

(a)To conserve or preserve heritage buildings or sites and heritage

areas of historical, architectural, cultural, environmental or ecologicalsignificance or sites of scenic beauty that they are not adversely affected byany new development within the jurisdiction of the Corporation;

(b)To enhance the elements of urban design and built character

including landscape of the city;

(c)To provide the guidelines with regard to demolition, protection,

conservation or re-building of and alterations or additions to the existing

237. building those are to be designated and conserved in heritage areas.

(2)The Corporation shall issue regulations or bye-laws for theimplementation of this chapter in accordance with those orders, rules,regulations, bye-laws or guidelines issued by the Central Government or the State

299. Government from time to time.

Preparation of List of Heritage Sites Including Heritage Buildings,Heritage Precincts and Listed Natural Features Areas.-(1)The Chief Commissionershall prepare and supplement a list of heritage sites including Heritage Buildings,Heritage Precincts and listed Natural Features Areas on the advice of the HeritageConservation Committee.

(2)Before being finalized, objections and suggestions of the public are tobe invited and considered.

(3)The list may be supplemented from time to time by the ChiefCommissioner upon the recommendations of the Government. When a building orgroup of buildings or natural feature areas are listed it would mean, unlessotherwise indicated, that the entire property including its entire compound / plotboundary along with all the subsidiary structures and artefacts, within the

300. compound/ plot boundary, shall form part of the list.

Incentives for Heritage Buildings.-The Corporation may provideincentives to the owners or occupiers of heritage buildings included in the HeritageConservation List, in such manner as may be prescribed, which may include provisionfinancial support, exemption from property tax, and such other incentive as may bedeemed necessary to assist in the preservation of heritage buildings in the existing state,and to preserve its heritage state with due repairs:Provided that, if the heritage building is not maintained suitably or if theheritage value of the building is spoiled in any manner, the incentives may be

301. revoked and such penalties may be levied, as prescribed.

Appointment of a Heritage Conservation Committee.-(1)The StateGovernment shall constitute a Heritage Conservation Committee endowing it with suchpowers and functions as may be prescribed.

(2)The Chief Commissioner, on the advice of the Heritage ConservationCommittee, shall frame appropriate regulations for the protection, conservationand maintenance of heritage buildings and sites in the city.

(3)The Heritage Conservation Committee shall comprise of:

(i)The Chief Commissioner Chairperson

(ii)An Architect from Public Works

DepartmentMember

(iii)A Structural Engineer with experience of

ten years in the field and membership ofthe Institution of Engineers, IndiaMember

(iv)An Architect having ten years of experience

nominated by the GovernmentMember

(v)An Urban Designer nominated by the

GovernmentMember

(vi)A Conservation Architect with five years of

experience nominated by the GovernmentMember

(vii)An Environmentalist with in-depth

knowledge and ten years’ experience in thefield nominated by the Government

238. Member

(viii)A Historian having in-depth knowledge andten years’ experience in the fieldnominated by the GovernmentMember(ix)A Natural historian having in-depthknowledge and 10 years’ experience in thefield nominated by the GovernmentMember(x)A Representative of the StateArchaeological DepartmentMember(xi)The Chief Town Planner, Town andCountry Planning DepartmentMember-Secretary

(4)The Committee shall have the powers to co-opt up to three additionalmembers who may have related experience.

(5)The working of the Committee shall be such as may be prescribed.

(6)The tenure of the Chairperson and Members of the Committee, other

302. than any official representative, shall be three years.

Grading of Heritage Buildings and Sites.-(1)The Heritage Buildings andHeritage Precincts listed shall be graded into categories as laid down in Second Schedule.

(2)Any modification, repair, change in facade, interior or exterior, that couldalter the character of the building or site or precinct shall be made to the extentpermitted in Schedule II and in accordance to any orders, rules, regulations, bye-laws or

303. guidelines issued to this effect.

Functions of the Heritage Conservation Committee.-The HeritageConservation Committee shall carry out the following functions –

(a)To undertake identification and listing of heritage buildings

and precincts which need to be notified as and recommend the same to theCorporation for inclusion.

(b)To recommend to the Corporation whether development

permission should be granted to the Heritage Buildings;

(c)To evaluate the cost of repairs to be given to the owners for

conservation or maintenance of a listed building;

(d)To approve special designs and guidelines for notified buildings

and control of height and essential façade characteristics of the buildingsand suggest suitable designs and adopting new materials for replacementskeeping the old form intact to the extent possible;

(e)To frame special regulations for Heritage Buildings and

Heritage Precincts and furnish the same to the Corporation;

(f)To undertake such actions as may be necessary for the

physical conservation and restoration of urban heritage buildings and sitesin the city;

(g)To undertake such programs and projects for generating

awareness about heritage including educational programs, identificationand listing of heritage resources, conducting heritage walks, organizing

304. lectures, seminars and conferences dedicated to heritage in the city.

Ownership not affected.-(1)Being listed as a heritage building requires theusage of the building to be in harmony with the conditions prescribed for, based on itsGrade and does not impose any restriction on the sale or purchase of such a buildingand does not require permission from the Corporation or Heritage Conservation

239. Committee.

(2)The Corporation shall have the first right of refusal over sale of anylisted heritage building.

Chapter XXII
LICENSES AND FEES

305. Granting of license.-(1)The Zonal Commissioner shall have the power togrant license in matters pertaining to the following subjects:(a)Establishment and operation of Markets either wholesale or retail;(b)Establishment and operation of Trade Establishments;(c)Establishment and operation of Slaughterhouses;(d)Establishment and operation of Restaurants;(e)Establishment and operation of Industries;(f)Establishment and operation of Commercial undertakings;(g)Establishment and operation of Corporate Offices;(h)Establishment of Service apartments, paying guest accommodation;(i)Establishment and operation of Shared office and living spaces;(j)Establishment and operation of Hospitals and nursing homes;(k)Establishment and operation of Resthouses;(l)Establishment and operation of Theatres, fairs, circuses and placesof public amusement;(m)Establishment and operation of Milk Trade;(n)Keeping of animals and birds;(o)Establishment of Stables, cattle sheds and cow houses;(p)Providing for Places for burial of the dead;(q)Establishment of Food trucks or any cart stands;(r)Erection of Advertisements in public places

(2)The manner of procuring license for matter pertaining to subjects

306. specified under sub section (1) shall be provided for under the Rules or Byelaws.

Exemption of the Government from procuring license.-The StateGovernment or the Central Government shall not be required to procure a license fromthe Corporation in respect of any place in the occupation or under the control of or any

307. property belonging to such Government.

Licenses and written permission to specify conditions on which theyare granted.-(1)Whenever it is provided in this Act that a licence or a written permissionmay be given for any purpose, such licence or written permission shall specify the periodfor which and the restrictions and conditions subject to which, the same is granted, andshall be given under the signature of the Zonal Commissioner or of a Corporation officerempowered to grant the same for that particular zone.

(2)Every application for a license or permission shall be addressed to theZonal Commissioner every such license or written permission granted, shall be subject topayment of such fee as may be fixed by the corporation in such manner as may beprescribed, different rates may be fixed for different licences or permission by theCorporation

(3)Any license or written permission granted under this Act may besuspended or revoked by the Zonal Commissioner, if any of its restrictions orconditions are infringed or evaded by the person to whom the same has beengranted or if the said person is convicted of an infringement of any of theprovisions of this Act or of any bye-law made hereunder in any matter to which

240. such licence or permission relates.

(4)If any premises are used in contravention of the terms of the licensegranted or is being used even after the license has been suspended or revoked bythe Zonal Commissioner, the Zonal Commissioner may at any time by written

308. notice require that the same shall be discontinued by the person so using it.

Power of the Zonal Commissioner to stop use of premises used incontravention of licenses.-If the Zonal Commissioner is of the opinion that any eatingHouse, lodging house, hotel, boarding house, tea shop, coffee house, cafe, restaurant,refreshment room or other place where the public are admitted for repose or forconsumption of any food or drink or where food is sold or prepared for sale or anytheatre, circus, cinema house, dancing hall or similar other place of public resort,recreation or amusement is kept open without a licence or otherwise than in conformitywith the terms of a licence granted in respect thereof, he may stop the use of any suchpremises for any such purpose for a specified period by such means as he may consider

309. necessary

Inspection of places where sale is carried out.-The Zonal Commissionershall make provision for the constant and vigilant inspection of animals, carcasses, meat,poultry, flesh, fish, fruit, vegetables, corn, bread, flour, milk, ghee, butter, oil and anyother articles exposed or hawked about for sale or deposited in or brought to any place

310. for the purpose of sale or preparation for sale.

Power of the Zonal Commissioner for the purposes of inspection:(1)TheZonal Commissioner or any person authorized by him in writing for the purpose may,without notice, enter any slaughter house or any place where animals, poultry or fishintended for food are exposed for sale or where articles of food are being manufactured orexposed for sale at any time by day or night when the slaughter, exposure for sale ormanufacture is being carried on and inspect the same and any utensil or vessel used formanufacturing, preparing or containing any such article.

(2)If the Zonal Commissioner or any person so authorised by him hasreason to believe that in any place any animal intended for human food is beingslaughtered or any carcass is being skinned or cut up or that any food is beingmanufactured, stored, prepared, packed, cleansed, kept or exposed for sale orsold without, or otherwise than in conformity with a licence, he may enter anysuch place without notice, at any time by day or night for the purpose ofsatisfying himself whether any provision of this Act, bye-laws, or regulations orany condition of a licence is being contravened.

(3)No claim shall lie against the Zonal Commissioner or any person actingunder his authority or the Corporation for any damage or inconvenience causedby the exercise of powers under this section or by the use of any force necessaryfor effecting entry into any place under this section.

(4)In any legal proceedings in respect of powers exercised under thissection in which it is alleged that any animals, poultry, fish or articles of foodwere not kept, exposed, hawked about, manufactured, prepared, stored, packedor cleansed for sale, or were not intended for human food, the burden of proof

311. shall lie on the party so alleging.

Appeal to the Chief Commissioner.- (1) Any person aggrieved by anynotice issued or action taken or proposed to be taken by the Zonal Commissioner undersection 310 may appeal to the Chief Commissioner.

(2)The decision of the Chief Commissioner shall be final.312. Period of limitation for appeals.- In any case in which no time is laiddown in the foregoing provisions of this Act for the presentation of an appeal allowed

241. thereunder such appeal shall be presented,-

(a)where the appeal is against an order granting a licence or permission,

within sixty days after the date of the publication of the order on the notice boardof the corporation; and

(b)in other cases within sixty days after the date of receipt of the order or

313. proceeding against which the appeal is made.

Summons to attend and give evidence or produce documents.- TheZonal Commissioner may summon any person to attend before him, and to give evidenceor produce documents, as the case may be, in respect of any question relating totaxation, or inspection, or registration or to the grant of any licence or permission under

314. the provisions of this Act

Consequences of failure to obtain licences, etc., or breach of thesame.-(1) If, under this Act, or any rule, bye-law or regulation made under it the licenceor permission of the Corporation, the standing committee or Zonal Commissioner orregistration in the office of the Corporation is necessary for the doing of any act, and ifsuch act is done without such licence or permission or registration then,-(a)the Zonal Commissioner may, by notice, require the person sodoing such act to alter, remove, or as far as practicable restore to its originalstate the whole or any part of any property, movable or immovable, public orprivate, affected thereby within a time to be specified in the notice.(b)the Zonal Commissioner or any officer duly authorised by himmay also enter into or on any building or land where such act is done andtake all such steps as may be necessary to prevent the continuance of suchact; and(c)if no penalty has been specially provided in this Act for so doingsuch act, the person so doing it shall be liable on conviction by a magistrateto a fine not exceeding fifty thousand rupees for every such offence.

(2)No claim shall lie against the Zonal Commissioner or any other person forany damage or inconvenience caused by the exercise of the power given underthis section or by the use of the force necessary for the purpose of carrying out

315. the provisions of this section.

Recovery of expenses from persons liable and limitation or liability ofoccupier.- (1) The Chief Commissioner may recover any reasonable expenses incurredunder section 358 from the person or any one of the persons to whom the notice,requisition or order was addressed in the same manner as the tax on buildings or landsand may in executing work or taking measures under section 358 utilise any materialsfound on the property concerned or may sell them and apply the sale proceeds in ortowards the payment of the expenses incurred.

(2)If the person to whom notice is given is the owner of the property inrespect of which it is given, the Chief Commissioner may (whether any action orother proceeding has been brought or taken against such owner or not) requirethe person if any, who occupies such property, or any part thereof, under theowner to pay to the corporation instead to the owner the rent payable by him inrespect of such property, as it falls due, upto the amount recoverable from theowner under sub-section (1) or to such smaller amount as the ChiefCommissioner may think proper, and any amount so paid shall be deducted fromthe amount payable by the owner.

(3)For the purpose of deciding whether action should be taken undersubsection (2) the Chief Commissioner may require any occupier of property tofurnish information as to the sum payable by him as rent on account of suchproperty and as to the name and address of the person to whom it is payable; and

242. such occupier shall be bound to furnish such information.

(4)The provision of this section shall not affect any contract made betweenany owner and occupier respecting the payment of expenses of any such work asaforesaid.

Chapter XXIII
POWER REGARDING RULES AND BYELAWS

316. Power to make rules.-(1)The Government may, after previous publication,by notification make rules for carrying out all or any of the purposes of this Act.

(2)Subject to the provisions of this Act, the Government may, bynotification in the Official Gazette, make rules, which may include the following,-

(a)conditions on which property may be acquired by the

Corporation or on which property vested in or belonging to the Corporationmay be transferred by sale, mortgage, lease, exchange or otherwise;

(b)the preparation of plans and estimates for works which are to

be partly or wholly constructed at the expense of the Corporation and thepower of the Corporation authorities or Government officers to recordprofessional or administrative sanction to estimates;

(c)the estimate of receipts and expenditure, returns, statements

and reports to be submitted by Corporations;

(d)the moving of resolutions at the meeting of the Council;

(e)the form of registers and returns of births and deaths, the

manner in which the registers shall be maintained, the dates on whichreturns shall be filed and the officer before whom returns shall besubmitted;

(f)the powers of auditors inspecting and superintending officers

and officers authorized to hold inquiries to summon and examine witnessesand to compel the production of documents and all other mattersconnected, with audit, inspection and superintendence.

(g)registration of marriages at the instance of the parties

concerned containing such particulars as may be prescribed and issuanceof certificates thereof on application after realizing the prescribed fees forsuch certificates;

(h)preparation of development plans for the corporation area, its

approval and implementation;

(i)functions of Ward Committees and Ward Sabhas; and

(j)Right to information of the people on matters of corporation

administration and duties.

(k)Method of recruitment and conditions of service of the

corporation officers and employees and the matters regarding deputation ofofficers and employees from the department of State Audit and Accounts,Health, Town and Country Planning and etc., of the Government.

(l)any other matter which has to be or may be prescribed under

this Act.

(3)The Government may, by notification, and after previous publicationmake rules altering, adding to or cancelling any of Schedules to this Act.

(4)A rule under this Act may be made with retrospective effect, and whensuch a rule is made, the reasons for making the rule shall be specified in astatement laid before both Houses of the State Legislature, and subject to anymodification made under sub-section (5), every rule made under this Act, shall

243. have effect as if enacted in this Act.

(5)Every rule or notification made under this Act shall be laid as soon asmay be after it is made, before each House of the State Legislature while it is insession, for a total period of thirty days which may be comprised in one sessionor in two or more successive sessions and if before the expiry of the sessionimmediately following the session or the successive sessions aforesaid, bothHouses agree in making any modification in the rule or notification or bothHouses agree that the rule or notification should not be made, the rule ornotification shall thereafter have effect only in such modified form or be of noeffect as the case may be; so, however, that any such modification or annulmentshall be without, prejudice to the validity of anything previously done under that

317. rule or notification.

Power to make regulations.- The Corporation may with the previousapproval of the Government by notification make regulations not inconsistent with theprovisions of this Act and the rules made thereunder in respect of matters which are

318. required to be provided for by regulations by this Act.

Power to make Bye-laws.-Subject to the provisions of this Act, the rulesand regulations, the Corporation may make Bye-laws with respect to the followingmatters namely:-

(1)for all matters expressly required or allowed by this Act to be providedfor by Bye-laws.

(2)for the due performance by all officers and employees of thecorporation of the duties assigned to them;

(3)any matter relating to the proceedings of the Corporation;

(4)for the regulation of the time and mode of collecting the taxes underthis Act;

(5)for regulating the construction and maintenance of drains or pipes,privies, urinals, washing places, drainage works belonging to the corporation orother persons;

(6)for regulating all matters connected to the use of water;

(7)for regulating the management, maintenance, control and use ofhouses intended for the poorer sections of the community vesting in theCorporation;

(8)for maintaining suitable means of access to buildings and preventingencroachment thereon;

(9)for regulating sanitation, the destruction of rodents and otherpreventive and remedial measures against mosquitoes, flies and other insectpests;

(10)for facilitating and securing complete and accurate registration ofbirths and deaths;

(11)for protection of the property of the corporation;

(12)for regulating the holding of fairs and industrial exhibitions in theCity;

(13)for regulating the measures to be taken in the event of the outbreakof any disease among animals which is communicable to man and the supply ofinformation which will facilitate the taking of such measures;

(14)for the maintenance of sufficient open space to secure a freecirculation of air and for the adequate ventilation of buildings;

(15)for the control and supervision of public and private cart-stands, forthe regulation of their use and for the levy of fees therein;

(16)for the regulation and licensing of foodtrucks244

(17)for the inspection of milch-cattle and the regulation of the ventilation,lighting, cleaning drainage and water-supply of dairies and cattle-sheds in theoccupation of persons following the trade of dairyman or milk-seller

(18)for enforcing the cleanliness of milk-stores and milk-shops andvessels and utensils used by the keepers thereof or by hawkers for containing ormeasuring milk or preparing any milk product and for enforcing the cleanlinessof persons employed in the milk trade;

(19)for prescribing the qualifications and experience of architects,engineers, structural designers and plumbers;

(20)for the regulation of the use of public streets, and the closing thereofor part thereof;

(21)for the regulation of the laying of any cable including Optical FibreCables and imposing the conditions thereof and levying of such fees;

(22)for the regulation of the use of parks, gardens and other places thatcome under the Corporation;

(23)For the regulation and licensing of hotels, lodging houses, boardinghouses, theatres, fairs, choultries, rest houses, restaurants, eating houses, cafes,refreshment rooms, coffee houses and any premises which is utilized by thepublic for consumption of any food or drink or any place where any food or drinkis sold;

(24)For the regulation and licensing of industries, commercialundertakings and corporate offices;

(25)For the regulation and licensing of paying guests accommodation andservice apartments;

(26)For the regulation and licensing of shared office and living spaces;

(27)For the regulation and licensing of hospitals and nursing homes;

(28)for the sanitary control and supervision of factories and places usedfor any of the purposes and of any trade or manufacture carried on therein

(29)

(a)for the regulation of burial and burning and other places for the

burial of corpses;

(b)for the levy of fees for the use of such burial and burning grounds

and crematoria as are maintained by the Corporation;

(c)for the verification of deaths and the cause of death;

(30)

(a)for the inspection of public and private markets and shops and

other places therein;

(b)for the regulation of their use and the control of their sanitary

condition.

(31)

(a)for the control and supervision of slaughter houses and of places

used for skinning and cutting up of carcasses;

(b)for the control and supervision of the methods of slaughtering;

(c)for the control and supervision of butchers carrying on business

in the city or at any slaughter-house outside the city provided orlicensed by the corporation;

(d)controlling and regulating the sanitary condition of markets and

slaughter-houses and preventing the exercise of cruelty therein.

(32)for the prevention of dangerous diseases of men or animals;

(33)for the enforcement of compulsory vaccination;

(34)for the prevention of out-breaks of fire;

(35)for the prohibition and regulation of advertisements;

(36)for the registration of marriages;

319. 245

Sanction of bye-laws by the Government.-No bye-law made by thecorporation under this Act shall have any validity unless and until it is sanctioned by theGovernment:Provided that, if the sanction is not accorded within one month the bye-

320. laws shall be deemed to have been sanctioned.

Conditions precedent to making of bye-laws.-The power to make byelaws under this Act is subject to the conditions, -

(1)that a draft of the proposed bye-law is published in the Official Gazette and inthe local newspapers;

(2)that the draft shall not further proceed until after the expiration of a period ofthirty days from the publication thereof in the Official Gazette or of such longerperiod as the corporation may appoint;

(3)that for at least thirty days, during such period a printed copy of the draftshall be kept at the corporation office for public inspection and all persons are

321. permitted to peruse the same at any reasonable time free of charge;

Power of the Government to make rules in lieu of bye-laws.- (1) If, inrespect of any of the matters specified in section 318, the corporation has failed to makeany bye-laws or if the bye-laws made by it are not, in its opinion adequate, theGovernment may make rules providing for such matters to such extent as it may thinkfit.

(2)The rules made under this section, may add to, alter, or cancel any bye-law made by the corporation.

(3)Before making any rule under this section, the Government shall give the

322. corporation an opportunity of showing cause against the making thereof.

Publication of rules, regulations and bye-laws.-(1) When any rule or bye-law has been made under this Act, such rule or bye-law shall be published in the OfficialGazette in English and in Kannada.

(2)A bye-law shall come into operation three months after it has beenpublished as aforesaid.

(3)The Chief Commissioner shall cause all rules and bye-laws in force to beprinted in the said languages, and shall cause printed copies thereof to be sold toany applicant on payment of a fixed price.

(4)The Chief Commissioner shall advertise in the local newspapers thatcopies of rules and bye-laws are for sale and specify the place where and theperson from whom and the price at which, they are obtainable.

(5)Regulations made under this Act shall be published in such manner as

323. the corporation may determine.

Exhibition of rules, bye-laws and regulations.-(1)Printed copies ofbyelaws and of rules and regulations shall be hung up in some conspicuous part of thecorporation office.

(2)No corporation officer or servant shall prevent any person from inspectingat any reasonable time copies so exhibited.

(3)No person shall, without lawful authority, destroy, pull-down, injure ordeface any copies exhibited as above or any board to which the copies have been

324. affixed.

Cognizance of offences.- All offences against this Act, or against any rule,bye-law, regulation or order made under it, whether committed within or outside the city,shall be cognizable by a first class magistrate having jurisdiction in the city; and suchfirst class magistrate shall not be deemed to be incapable of taking cognizance of any

246. such offence or of any offence against any enactment hereby repealed, by reason only of

his being liable to pay the corporation rate or other tax or of his being benefited by the

325. corporation fund to the credit of which any fine imposed by him will be payable.

Corporation security force.- (1) There shall be constituted and maintaineda force to be called the corporation security force,-(i)for the better protection and security of the property owned by the corporation;(ii)for aiding the officers of the corporation in the detection and investigation ofany matter relating to leakage of revenue or any tax payable to the corporation;(iii)for effective communication and obtaining of any information regarding anydesign to commit or the commission of any offence by any person under this Act,any rule, bye-law or regulation or order made under it.

(2)The corporation security force shall consist of such number of supervisoryofficers and members as may be determined by the corporation and shall be appointedby the Chief Commissioner in accordance with such rules as may be prescribed.

(3)The Chief Commissioner shall exercise powers of superintendence and controlover the corporation security force and matters relating to recruitment and conditions ofservice, the conduct and discipline of the members of the security force shall be governedby such rules as may be prescribed.

Chapter XXIV
PENALTIES

326. Penalty for violation of the Act .- Whoever contravenes any of theprovisions of this Act may be punished with an imprisonment which may extend to one

327. year and with a fine which extend to rupees two lakhs.

Penalty for violation of the rules .- Whoever contravenes any of theprovisions of the rules made under this Act, may be punished with a fine which extend to

328. rupees two lakhs or with an imprisonment for period upto six months or with both.

Penalty for violation of the regulations .- Whoever contravenes any of theprovisions of the regualtions made under this Act, may be punished with a fine which

329. extend to rupees two lakhs.

Penalty for violation of the Bye-laws .- Whoever contravenes any of theprovisions of the Bye-laws made under this Act, may be punished with a fine which

330. extend to rupees two lakhs.

Penalty for un-authorised use of the corporation property.- Whoeverdishonestly misappropriates or converts to his own use any corporation property or putsinto improper or un-authorised use such property shall, on conviction, be punished withimprisonment which may extend to three months or with fine which may extend to fifty

331. thousand rupees or with both.

Penalty for leaving vehicle or animal in dangerous position in publicstreet.- (1) No person in charge of a vehicle or animal shall cause or allow the vehicle oranimal to remain at rest on any public street or public place in such a position or insuch a condition or in such circumstances as to cause or is likely to cause danger,obstruction or undue in-convenience or nuisance to other users of the public street andno person in charge of a vehicle or animal shall allow any vehicle or animal to stand in apublic street or public place unless it is under adequate control.

(2)Whoever contravenes sub-section (1) shall on conviction be punished with fine

332. which may extend to one thousand rupees.

Compounding of offence.- Any officer authorized by the ChiefCommissioner not below the rank of Group-B officer may accept, in the prescribedmanner, from any person who has committed or it reasonably suspected of havingcommitted an offence punishable under sections 143, 286, 290 of this Act such sum of

247. money not exceeding the penalty amount specified in this Act or any sum of money as

may be prescribed, by way of composition of the offence which such person hascommitted or is reasonably suspected of having committed and on the payment of suchsum of money to the authorized officer such person, if in custody, shall be set at libertyand no further proceedings shall be taken against such person with reference to the

333. same act.

Power to give retrospective effect to certain bye-laws and penalties forbreaches of bye-laws.- (1) Bye-laws with regard to the drainage of, and supply of waterto, buildings and water-closets, earth closets, privies, ash-pits, solid waste managementand cess-pools in connection with buildings and the keeping of water-closets suppliedwith sufficient water for flushing may be made so as to affect buildings erected before themaking of bye-laws under this Act.

(2)In making any bye-law under section 318 and this section thecorporation may provide that a breach thereof shall be punishable.-

(a)with fine which may extend to one thousand rupees, and in case of a

continuing breach, with fine which may extend to three hundred rupees for everyday during which the breach continues after conviction for the first breach, or

(b)with fine which may extend to two hundred rupees for every day during

which the breach continues after receipt of notice from the Chief Commissioner todiscontinue such breach.

Chapter XXV
MISCELLANEOUS

334. Indemnity to Government, Corporation authorities, officers andservants.- No suit, prosecution or other legal proceedings shall lie against theGovernment or any Corporation authority, officer, or servant or any person acting underthe direction of the Government or any Corporation authority, officer or servant, inrespect of anything done in good faith done or intended to be done under this Act, or any

335. rule, bye-law, regulation or order made under it.

Sanction for prosecution of Mayor, Deputy Mayor, etc.- When the Mayoror Deputy Mayor, or any councillor or the Chief Commissioner or any officer ofGovernment working in the corporation on deputation is accused of any offence allegedto have been committed by him while acting or purporting to act in the discharging of hisofficial duty, no magistrate shall take cognizance of such offence except with the previous

336. sanction of the Government.

Assessment, etc., not to be impeached.- (1) No assessment or demandmade and no charge imposed under the authority of this Act shall be impeached oraffected by reason of any clerical error or by reason of any mistake,-(a)in respect of the name, residence, place of business or occupation of anyperson, or(b)in the description of any property or thing, or(c)in respect of the amount assessed, demanded or charged: Provided that theprovisions of this Act have in substance and effect been complied with and noproceedings under this Act shall, merely for defect in form, be quashed or set aside byany court.

(2)No suit shall be brought in any court to recover any sum of money collectedunder the authority of this Act or to recover damages on account of any assessment, orcollection of money made under the said authority:Provided that, the provisions of this Act have in substance and effect, been

248. complied with.

(3)No distraint or sale under this Act shall be deemed unlawful, nor shall anyperson making the same be deemed a trespasser, on account of any error, defect or wantof form in the bill, notice, schedule, form, summons, notice of demand, warrant ofdistraint, inventory or, other proceeding relating thereto, if the provisions of this Act, therules and the bye-laws have, in substance and effect been complied with:Provided that every person aggrieved by any irregularity may recover satisfaction

337. for any special damage sustained by him.

Duties of police officers.- It shall be the duty of every police officer,-

(a)to communicate without delay to the appropriate corporation officer any

information which he receives of the design to commit or of the commission ofany offence under this Act or any rule, bye-law or regulations made under it;

(b)to assist the Chief Commissioner or any corporation officer or servant or

any person to whom the Chief Commissioner has lawfully delegatedpowers reasonably demanding his aid for the lawful exercise of any powervesting in the Chief Commissioner or in such corporation officer orservant or person under this Act or any such rule, bye-law or regulation,and for all such purposes he shall have the same powers which he has in

338. the exercise of his ordinary police duties.

Power of police officer to arrest persons.- (1) If any police officer sees anyperson committing an offence against any of the provisions of this Act or of any rule, bye-law or regulation made under it, he shall, if the name and address of such person areunknown to him and if the said person on demand declines to give his name and addressor gives a name and address which such officer has reason to believe to be false, arrestsuch person.

(2)No person arrested under sub-section (1) shall be detained in custody,-

(a)after his true name and address are ascertained, or

(b)without the order of a magistrate for any longer time, not exceeding

twenty four hours from the hour of arrest than is necessary for bringing him

339. before a magistrate.

Exercise of powers of police officer by corporation servants.- TheGovernment may empower any corporation officer or servant or any class of corporation

340. officers or servants to exercise the powers of a police officer for the purposes of this Act.

Prohibition against obstruction of proceedings of corporation, standingcommittee, Mayor, etc.- No person shall obstruct any proceedings of the corporation orany standing committee, the Mayor or Deputy Mayor, and Councillor, the ChiefCommissioner or any person employed by the corporation or any person with whom theChief Commissioner has entered into a contract on behalf of the corporation in theperformance of their duty or of anything which they are empowered or required to do byvirtue of or in consequence of this Act or of any rule, bye-law, regulation or order made

341. under it

Prohibition against removal of mark.- No person shall remove any markset up for the purpose of indicating any level or direction incidental to the execution of

342. any work authorised by this Act or any rule, bye-law, regulation or order made under it.

Liability of Chief Commissioner, Zonal Commissioner and councillorfor loss, waste or misapplication of fund, etc.- (1) The Chief Commissioner and ZonalCommissioner every councillor shall be liable for the loss, waste or misapplication of anymoney or other property owned by or vested in the corporation, if such loss, waste, ormisapplication is a direct consequence of his willful neglect or misconduct and a suit forcompensation may be instituted against him by the corporation with the previous

249. sanction of the Government.

(2)Every such suit shall be commenced within three years after the date

343. on which the cause of action arose.

Prohibition against removal or obliteration of notice.- No person shall,without authority in that behalf remove, destroy, defence or otherwise obliterate anynotice exhibited by or under the orders of the corporation, a standing committee or the

344. Commissioner.

Prohibition against unauthorised dealings with public place ormaterials.- No person shall, without authority in that behalf, remove earth, sand orother material or deposit any matter or make any encroachment, from, in, or on any landvested in the corporation or water-courses (not being private property), or in any way

345. obstruct the same.

Form of notices and permissions.- All notices and permissions given,issued or granted, as the case may be, under the provisions of this Act shall be in writing

346. or through electronic form /online.

Proof of consent of Corporation authorities or corporation officers.-Whenever under this Act or any rule, bye-law or regulation made under it, the doing of oromitting to do anything or the validity of anything depends upon the approval, sanction,consent, concurrence, declaration, opinion or satisfaction of,-

(a)the corporation, a standing committee or the Chief Commissioner; or

(b)any corporation officer,

a written document signed in the case of (a), by the Chief Commissioner and inthe case of (b) by the said corporation officer, purporting to convey or set forthsuch approval, sanction, consent, concurrence, declaration, opinion or

347. satisfaction, shall be sufficient evidence thereof.

Signature on documents.- (1) Every licence, permission, notice, bill,

, summons, warrant or other document which is required by this Act or by any

rule, bye-law or regulation made under it to bear the signature of the Chief

Commissioner or of any corporation officer shall be deemed to be properly signed if itbears the facsimile of the signature or digital signature of the Chief Commissioner or ofsuch corporation officer, as the case may be, stamped thereupon.

(2)Nothing in sub-section (1) shall be deemed to apply to a cheque

348. drawn upon the corporation fund or to any deed of contract.

Publication of notification.- Save as otherwise provided, every notification

349. under this Act shall be published in the official Gazette, in English and in Kannada.

Publication of order, notice or other documents.- Every order, notice orother documents, directed to be published under this Act or any rule, bye-law orregulation made under it shall unless a different method is prescribed by this Act or bythe corporation or the standing committee, as the case may be, be translated intoKannada and deposited in the office of the corporation and copies thereof in English andin Kannada shall be pasted in a conspicuous position at such office and on website ofthe Corporation and at such other places as the corporation or standing committee, asthe case may be, may direct; and a public proclamation shall be made by beat of drum inthe locality affected or by advertisement in the local newspapers that such copies havebeen so pasted and that the originals are open to inspection at the office of the

350. corporation.

Publication in newspapers.- Whenever it is provided by this Act or by anyrule, bye-law or regulation made under it that notice shall be given by advertisement inthe local newspapers or that a notification or any information shall be published in thesame, such notice, notification or information shall be inserted in at least one English

351. and one Kannada newspaper published in the city.

Notice of prohibition or setting apart of places.- Whenever thecorporation, a standing committee or the Chief Commissioner shall have set apart any

250. place for any purpose authorised by this Act or shall have prohibited the doing of

anything in any place, the Chief Commissioner shall forthwith cause to be put up anotice in English and in Kannada at or near such place. Such notice shall specify the

352. purpose for which such place has been set apart or the act prohibited in such place.

Method of serving documents.-(1) When any notice or other document isrequired by this Act or by any rule, bye-law, regulation or order made under it to beserved on or sent to any person, the service or sending thereof may be effected,-(a)by giving or tendering the said document to such person; or(b)by e-mail or through electronic means; or(c)if such person is not found, by leaving such document at his last knownplace of abode or business or by giving or tendering the same to his agent, clerkor servant or some adult member of his family; or(d)if such person does not reside in the city and his address elsewhereis known to the Commissioner, by sending the same to him by registered post; or(e)if none of the means aforesaid be available, by affixing the same insome conspicuous part of such place of abode or business.

(2)When the person is an owner or occupier of any building or land itshall not be necessary to name the owner or occupier in the document, and in thecase of joint owners and occupiers it shall be sufficient to serve it on, or send itto, one of such owners or occupiers.

(3)Whenever in any bill, notice, form or other document served or sentunder this Act, a period is fixed within which any tax or other sum is to be paidor any work executed or anything provided, such period shall, in the absence ofan express provision to the contrary in this Act, be calculated from the date of

353. such service or sending by registered post.

Recovery by occupier of sum leviable from owners.- If the occupier ofany building or land makes on behalf of the owner thereof any payment for which underthis Act, the owner, but not the occupier is liable, such occupier shall be entitled torecover the same from the owner and may deduct it from the rent then or thereafter due

354. by him to the owner.

Obstruction of owner by occupier.- (1) If the occupier of any building orland prevents the owner from carrying into effect in respect thereof any of the provisionsof this Act the Chief Commissioner may by an order require the said occupier to permitthe owner, within eight days from the date of service of such order, to execute all suchworks as may be necessary.

(2)Such owner shall, for a period during which he is prevented asaforesaid, be exempted from any fine or penalty to which he might otherwise have

355. become liable by reason of default, in executing such works.

Execution of work by occupier in default of owner.- If the owner of anybuilding or land fails to execute any work which he is required to execute under theprovisions of this Act or of any rule, bye-law, regulation or order made under it, theoccupier of such building or land may, with the approval of the Chief Commissioner,execute the said work, and shall be entitled to recover from the owner the reasonableexpenses incurred in the execution thereof and may deduct the amount thereof from the

356. rent then or thereafter due by him to the owner.

Time for complying with order and power to enforce in default.- (1)Whenever by any notice, requisition or order made under this Act or under any rule, bye-law or regulation made under it, any person is required to execute any work, or to takeany measures or do anything, a reasonable time shall be named in such notice,requisition or order within which the work shall be executed, the measures taken, or thething done.

(2)If such notice, requisition or order is not complied with within the

251. time so named, then whether or not a fine is provided for such default and

whether or not the person in default, is liable to punishment or has beenprosecuted or sentenced to any punishment for such default, the ChiefCommissioner may cause such work to be executed, or may take any measure ordo anything which may, in his opinion, be necessary for giving due effect to thenotice ,requisition or order as aforesaid.

(3)If no penalty has been specially provided in this Act for failure tocomply with such notice, the said person shall, on conviction, be punished with

357. fine not exceeding five thousand rupees for such offence.

Power of the Chief Commissioner to agree to receive payment ofexpenses in instalments.- Instead of recovering any such expenses as aforesaid in themanner provided under section 315 the Chief Commissioner may, if he thinks fit andwith the approval of the standing committee take an agreement from the person liable forthe payment thereof, to pay the same in instalments of such amounts and at suchintervals as will secure the payment of the whole amount due, with interest thereon at

358. the rate of nine per cent per annum, within a period of not more than five years.

Power to declare expenses on certain works as improvementexpenses.- If the expenses to be recovered have been incurred or are to be incurred inrespect of any work mentioned,-

(a)in clause (b) of sub-section (1) of section 222, section 225, section 256 or

section 282; or

(b)in any rule made under this Act in which this section is made applicable to

such expenses,the Chief Commissioner may, if he thinks fit and with the approval of the standing

359. committee, declare such expenses to be improvement expenses.

Improvement expenses by whom payable.- (1) Improvement expensesshall be a charge on the premises, in respect of which or for the benefit of which thesame shall have been incurred and shall be recoverable in instalments of such amounts,and at such intervals, as will suffice to discharge such expenses together with interestthereon within such period not exceeding five years as the Chief Commissioner may ineach case determine.

(2)The said instalments shall be payable by the owner or occupier of thepremises on which the expenses are charged:Provided that when the occupier pays any such instalment he shall beentitled to deduct the amount thereof from the rent payable by him to the owner

360. or to recover the same from the owner.

Redemption of charge for improvement expenses.- At any time beforethe expiration of the period for the payment of any improvement expenses, the owner oroccupier of the premises on which the expenses are charged may redeem such charge by

361. paying to Commissioner such part of the said expenses as are still payable.

Application of term "public servant", to corporation officers, agentsand sub-agents.- Every councillor, officer or servant, every contractor or agent for thecollection of any corporation tax, fee or other sum due to the corporation and everyperson, employed by any such contractor or agent for the collection of such tax, fee, orsum shall be deemed to be a public servant within the meaning of section 21 of the

362. Indian Penal Code.

Offences by companies.- (1) Where any offence under this Act has beencommitted by a company, every person who, at the time the offence was committed, wasin charge of, and was responsible to, the company for the conduct of the business of thecompany, as well as the company, shall be deemed to be guilty of the offence and shall

252. be liable to be proceeded against and punished accordingly:

Provided that nothing contained in this sub-section shall render any such personliable to any punishment provided in this Act if he proves that the offence was committedwithout his knowledge or that he exercised all due diligence to prevent the commission ofsuch offence.

(2)Notwithstanding anything contained in sub-section (1) where an offence underthis Act has been committed by a company and it is proved that the offence has beencommitted with the consent or connivance of or is attributable to any neglect on the partof any director, manager, secretary or other officer of the company, such director,manager, secretary or other officer shall also be deemed to be guilty of that offence andshall be liable to be proceeded against and punished accordingly.Explanation.- For the purpose of this section,-

(a)"company" means a body corporate, and includes a firm, a society, an

Association of persons;

(b)"director" in relation to a firm means a partner in the firm.

363. Official display of flag.- (1) No person shall fly any flag other than theNational Flag or a flag approved by the Government on the office of the Corporation.

(2)Whoever contravenes sub-section (1) shall be punished with imprisonment for aterm which may extend to three months or with fine which may extend to rupees fivethousand or with both and in the case of continuing contravention with a further finewhich may extend to rupees five hundred for each day during which the contravention

364. continues.

Bidding prohibited.- (1) No employee or officer of the corporation havingany duty to perform in connection with the sale of movable or immovable property by oron behalf of the corporation under this Act shall directly or indirectly bid for or acquireinterest in any property sold at such sale.

(2)Any person who contravenes the provisions of sub-section (1) shall bepunished with fine which may extend to five hundred rupees and shall also be liable to

365. dismissal from service.

Effect of absorption of Panchayat area into a Corporation area .- If anylocal area consisting of one or more revenue villages in respect of which a Panchayat

1993. areal has been constituted under the Karnataka Gram swaraj and Panchayat Raj Act,

is included in a Corporation area by virtue of a notification under sub-section (1) ofsection 4 then, notwithstanding anything contained in this Act or in the Karnataka Gramswaraj and Panchayat Raj Act, 1993 , but subject to the provisions of section 4 of thisAct, with effect from the date on which such area is included in a Corporation area , thefollowing consequences shall ensue, namely:-

(a)the Grama Panchayat of such local area (here-inafter referred to as the

panchayat) shall cease to exist and the Taluk Panchayat and Zilla Panchayatwithin the jurisdiction of which such area is situated shall cease to havejurisdiction over such area;

(b)the unexpended balance of the Grama Panchayat Fund and the property

(including arrears of rates, taxes and fees) belonging to the panchayat and allrights and powers which, prior to such notification, vested in the panchayat shall,subject to all charges and liabilities affecting the same, vest in the corporation ofthe Corporation area (hereinafter referred to as the corporation);

(c)any appointment, notification, notice, tax, order, scheme, licence,

permission, rule, bye-law or form, made, issued, imposed or granted under the

253. Karnataka Gram Swaraj and Panchayat Raj Act, 1993 , immediately before the

said date in respect of the said local area shall continue in force and be deemed tohave been made, issued, imposed or granted under this Act until it is supersededor modified by any appointment, notification, notice, tax, order, scheme, licence,permission, rule, bye-law or form, made, issued, imposed or granted under thisAct;

(d)all budget estimates, assessments, assessment lists, valuations or

1993. measurements, made or authenticated under the Karnataka Panchayat Raj Act,

, immediately before the said date in respect of the said local area shall bedeemed to have been made or authenticated under this Act.

(e)all debts and obligations incurred and all contracts made by or on behalf

of the panchayat immediately before the said date and subsisting on the said dateshall be deemed to have been incurred and made by the corporation in exercise ofthe power conferred on it by this Act.

(f)all officers and servants in the employ of the panchayat immediately

before the said date shall become officers and servants of the corporation underthis Act and shall, until other provision is made in accordance with the provisionof this Act receive salaries and allowances and be subject to the conditions ofservice to which they were entitled or subject immediately before such date:Provided that, it shall be competent to the corporation, subject to the previoussanction of the Government to discontinue the services of any officer or servant, who, inits opinion, is not necessary or suitable for the requirements of the service under thecorporation after giving such officer or servant such notice as is required to be given bythe terms of his employment and every officer or servant whose services are dispensedwith shall be entitled to such leave, pension, provident fund and gratuity as he wouldhave been entitled to take or receive on being invalidated out of service, as if thepanchayat in the employ of which he was, had not ceased to exit;

(g)all proceedings pending on the said date before the panchayat shall be

deemed to be transferred to and shall be continued before the corporation;

(h)all appeals pending before any authority shall, so far as may be

practicable, be disposed of as if the said local area had been included in the lagerurban area when they were filed;

(i)all prosecutions instituted by or on behalf of the panchayat and all suits

or other legal proceedings instituted by or against the panchayat or any officer ofthe panchayat pending on the said date shall be continued by or against thecorporation as if the said local area had been included in the Corporation areawhen such prosecutions, suits or proceedings were instituted;

(j)all arrears of rates, taxes and fees vesting in the corporation shall,

notwithstanding that such rates and fees cannot be levied under this Act, berecoverable in the same manner as a tax recoverable under this Act;

(k)until the reconstitution of the corporation in accordance with the

provisions of this Act, notwithstanding anything to the contrary contained in thisAct, such number of persons ordinarily resident in the local area included in theCorporation area who are nominated by the Government shall be additional

366. councillors of the corporation.

Removal of difficulties.- If any difficulty arises in giving effect to theprovisions of this Act the Government may by order, published in the official Gazette, asthe occasion may require, do anything which appears to it to be necessary to remove the

254. difficulty.

367. Metropolitan Planning Committee.- (1) The Government shall constitute aMetropolitan Planning Committee for the Bengaluru Metropolitan Area to prepare a draftdevelopment plan for such area as a whole.Explanation.- For the purpose of this section "Bengaluru Metropolitan area" means

243P. an area specified by the Governor to be a metropolitan area under clause (c) of Article

of the Constitution of India.

(2)The Metropolitan Planning Committee shall consist of thirty persons ofwhich,-

(a)such number of persons, not being less than two-thirds of the members of the

Committee, as may be specified by the Government shall be elected in theprescribed manner by, and from amongst, the elected members of thecorporations, the Municipal Councils and town Panchayats, and the Adyakshasand Upadyakshas of Zilla Panchayats, Taluk Panchayats and Grama Panchayatsin the Metropolitan area in proportion to the ratio between the population of thecity and other municipal area and that of the areas in the jurisdiction of ZillaPanchayat, Taluk Panchayat and Grama Panchayat;

(b)such number of representatives of,-

(i)the Government of India and the State Government as may be determined

by the State Government, and nominated by the Government of India or as thecase may be, the State Government;

(ii)such organisations and institutions as may be deemed necessary for

carrying out of functions assigned to the committee, nominated by the StateGovernment;

(3)All the members of the House of the People and the State LegislativeAssembly whose constituencies lie within the Metropolitan area and the membersof the Council of State and the State Legislative Council who are registered aselectors in such area shall be permanent invites of the Committee.

(4)The Commissioner, Bengaluru Development Authority shall be theSecretary of the Committee.

(5)The Chairman of the Metropolitan Planning Committee shall be chosenin such manner as may be prescribed.

(6)The Metropolitan Planning Committee shall prepare a draft developmentplan for the Bengaluru metropolitan area as a whole.

(7)The Metropolitan Planning Committee shall, in preparing the draftdevelopment plan,-

(a)have regard to,-

(i)the plans prepared by the local authorities in the Metropolitan area;

(ii)matters of common interest between the local authorities including

coordinated spatial planning of the area, sharing of water and other physicaland natural resources, the integrated development of infrastructure andenvironmental conservation;

(iii)the overall objectives and priorities set by the Government of India and the

State Government;

(iv)the extent and nature of investments likely to be made in the Metropolitan

area by agencies of the Government of India and of the State Government andother available resources whether financial or otherwise;

(b)consult such institutions and organisations as the Governor may, by order,

255. specify.

(8)The Chairman of the Metropolitan Planning Committee shall forward thedevelopment plan, as recommended by such Committee, to the State

368. Government.

Grievance Redressal Authority.– (1) The Government may, by notification inthe official gazette, constitute for the corporation a Grievance Redressal Authorityconsisting of a retired district judge or a retired officer not below the rank of specialdeputy commissioner for the purpose of Redressal of Grievance.

(2)The Government shall provide necessary staff to the grievance redressalauthority.

(3)The office of the Grievance Redressal Authority shall remain openduring the business hours of the Corporation on all working days of the week;

(4)The salary and other allowances of the Grievance Redressal Authorityshall be the same which he was entitled to prior to his retirement minus pension;

(5)The Grievance Redressal Authority shall communicate the decision of theGrievance Redressal Authority to the aggrieved citizen within such period as maybe prescribed.

(6)The Grievance Redressal Authority shall, immediately after the expiry ofthe period prescribed for the communication of the decision of the Authority,report every complaint which has not been redressed along with the details of thecomplainant, nature of complaint, and reasons for non-redressal, to the ChiefCommissioner for necessary action;

(7)Where the Grievance Redressal Authority at the time of deciding anycomplaint is of the opinion that officer or officers concerned or any other personhas without any reasonable cause, willfully neglected his duties required to beperformed by him under this Act or refused or failed or malafidely denied toextend the service urged within the time specified or within a reasonable time,such officer or person shall be subjected to a penalty of two hundred and fiftyrupees each day till the grievance redressal. However, the total amount of suchpenalty shall not exceed twenty-five thousand rupees. The Grievance RedressalAuthority may in place of the penalty recommend for disciplinary action againstthe officer or the person concerned, under the service rules or relevant lawapplicable to him;Provided that the officer or the person concerned shall be given a reasonableopportunity of being heard before any penalty is imposed on him.Provided further that the burden of proving that he acted reasonably anddiligently shall be on the officer or the person concerned who denied the serviceurged.Explanation: For the purpose of this section: –

(a)“aggrieved citizen” means a citizen who has been affected by commission or

omission of the Corporation while rendering service enjoined under this Act orany other law and includes a person seeking benefit of any scheme offered by theGovernment through the Corporation ;

(b)“grievances” means and includes any complaint lodged by a aggrieved citizen

regarding the commission or omission of action required to be taken by theCorporation in respect of: –

(i)maintenance of health;

(ii)maintenance of Road;

(iii)maintenance of street lights;

(iv)identification of beneficiaries of any scheme or project;

(v)allocation of benefit of any scheme or project;

256

(vi)maintenance of sanitation;

(vii)grant or issue of any documents or certificate;

(viii)any other matter as may be prescribed.

369. Powers and functions of the Grievance Redressal Authority , – (1) theGrievance Redressal Authority may: –

(a)call for and examine any document which he has reason to believe

necessary to redress the grievance of an aggrieved citizen;

(b)The Grievance Redressal Authority shall, for the purposes of performing

the functions under this Act, have the same powers as are vested in a civil courtunder the code of civil procedure, 1908 in respect of the following matters,namely:-

(i)summoning and enforcing the attendance of any person and examining him

on oath;

(ii)discovery and production of any document or other material object

producible as evidence;

(iii)receiving evidence on affidavits;

(iv)requisitioning of any public record;

(v)issuing commission for the examination of witnesses;

(vi)reviewing its decisions, directions and orders;

(vii)such other matter which may be prescribed;

(2)The Grievance Redressal Authority shall be a quasi judicial authorityand dispose off the matters before him summarily.

(3)No complaint of the aggrieved citizen shall be entertained by the GrievanceRedressal Authority unless the grievance has occurred as a result of deficiencynegligence or malfeasance on the part of a office or officer or official or specificirregularity or benefit materially affecting the outcome or specific instance ofdiscrimination is indicated.

(4)The Grievance Redressal Authority shall ensure that, –

(a)the grievance is remedied in a time frame not exceeding ninety days

from the date of receipt of the complaint; or

(b)the reason for the occurrence of the grievance is identified and the

responsibility of the defaulting office or individual is fixed and the grievance isredressed satisfactorily within one month after the period specified in clause (a)or

(c)where the grievance has occurred as a result of a deficiency, negligence

or malfeasance on the part of an office or individual the action is taken inaccordance with conduct rules and departmental procedures; and

(d)where the individual responsible for the delivery of the goods and

services has willfully neglected to deliver the good or service or there exist primafacie grounds for a case under the Prevention of Corruption Act 1988, he canmake an observation to that effect along with a recommendation for the penaltyto be imposed,-

(i)upto Group ‘B’ Officer to the Chief Commissioner;

(ii)Group ‘A’ and above officer to the Principal Secretary to Government or

the Secretary to Government, as the case may be.

(5)The Grievance Redressal Authority may seek the assistance of anyother officer required for the proper discharge of his duties or may direct anyother officer to take action to redress a complaint made by aggrieved citizen;

(6)Any officer, whose assistance has been sought under sub-section (5),

257. shall render all assistance to the grievance redress authority.

370. Appeal,– (1) Any person aggrieved by the decision of the GrievanceRedressal Authority or who has not received an action taken report in respect of acomplaint filed by him, may within a period of thirty days from the expiry of the receipt ofsuch decision, prefer an appeal to the Karnataka Appellate Tribunal and the decision ofsuch appellate authority shall be final:Provided that, the Appellate authority may admit the appeal after the expiryof thirty days if it is satisfied that the complainant was prevented by sufficientreason or cause from filing the appeal in time.

(2)Every appeal shall be disposed of within ninety days from the date ofreceipt of such appeal.

(3)The appellate authority shall arrange to deliver copies of the decisions tothe parties concerned within a period of fifteen working days from the date of

371. decisions taken by him.

Term of office of the Grievance Redressal Authority,– The GrievanceRedressal Authority shall hold office for a term of five years from the date on which heassumes office or till he attains the age of sixty five years whichever is earlier and shall

372. not be eligible for re-appointment.

Resignation and removal, – (1) The Grievance Redressal Authority mayby notice in writing under his hand addressed to the Government resign his office.

(2)Notwithstanding anything contained in sub-section (1), the Governmentmay, by order, remove the Grievance Redressal Authority from the office of theGrievance Redressal Authority , if he,-

(a)is adjudged as an insolvent; or

(b)has been convicted of an offence which, in the opinion of the

Government, involves moral turpitude; or

(c)engages during his term of office in any paid employment outside the

duties of his office; or

(d)is, in the opinion of the government, unfit to continue in office by

reason of infirmity of mind or body; or

(e)has acquired such financial or other interest as is likely to affect

373. prejudicially his functions as the Grievance Redressal Authority.

Procedures before the Grievance Redressal Authority , – (1) Theprocedure and manner of filing a complaint and fees to be accompanied with suchcomplaint shall be such as may be prescribed.

(2)The manner and procedure of conducting proceedings before the Grievance

374. Redressal Authority shall be such as may be prescribed.

Matters not subject to investigation.- The Grievance RedressalAuthority shall not investigate any matter,-

(i)which the Lokayukta or the uplokayukta is investigating under the

provisions of the Karnataka Lokayukta Act, 1984 (Karnataka Act 4 of 1985); or

(ii)which is being investigated by a Competent Authority under any

375. provisions of the Central Act or State enactments.

Transitory provisions.- (1) Any rule, notification, order or appointment,made or issued under the Karnataka Municipal Corporations Act, 1976 (Karnataka of 14of 1977) and Rules made there under or otherwise providing for or relating to any ofthe matters for the furtherance of which this Act is enacted, before the date ofcommencement of this Act and in force on the date of commencement of this Act, to

258. the extent they are not inconsistent with the provisions of this Act, shall continue

to be in force and effective as if they are made or issued or appointed under thecorresponding provisions of this Act unless and until superseded by anything done orany action taken or any rules, notification, order or appointment made under this Act.

(2)Where, under the provisions of the Karnataka Municipal CorporationsAct, 1976 (Karnataka of 14 of 1977) either an Administrator or a person has beenappointed to exercise the powers and perform the duties of the Corporation, ,then, such administrator or person shall be deemed to be an Administratorappointed under section 127 not exceeding for a period of one year.

(3)All officers and servants in the employment of the Bruhat BanagaloreMahanagara Palike immediately before the commencement of this Act, shallbecome officers and servants of the Corporation under this Act and shall, untilother provision is made in accordance with the provisions of this Act, receivesalaries and allowances and be subject to the conditions of service to which theywere entitled to immediately before such date:Provided that it shall be competent to the Corporation, subject to theprevious sanction of the Government, to discontinue the services of any officer orservant who, in its opinion, is not necessary or suitable for the requirements ofthe service under it after giving such officer or servant such notice as is requiredto be given by the terms of his employment and every officer or servant whoseservices are dispensed with shall be entitled to such leave, pension, providentfund and gratuity as he would have been entitled to take or receive on beinginvalidated out of service, as if the Corporation, in the employ of which he was,had not ceased to exist.

(4)All assets and liabilities of the Bruhat Bengaluru mahanagara palike

14. constituted under the Karnataka Municipal Corporations Act, 1976 (Karnataka of

376. of 1977 shall stand transferred to the Corporation constituted under this Act.

Repeal and Savings.- (1) The provisions of the Karnataka MunicipalCorporations Act, 1976 (Karnataka of 14 of 1977) pertaining to the Bruhath BengaluruMahanagara Palike are hereby repealed.Provided that, such repeal shall not affect,-

(a)anything done or any action taken under the said Act; or

(b)the previous operation of the said Act or anything duly done or suffered

thereunder; or

(c)any right, privilege, obligation or liability acquired, accrued or incurred under

the said Act; or

(d)any penalty or punishment incurred in respect of any offence committed

under the said Act:Provided further that, the provisions of section 6 of the Karnataka GeneralClauses Act, 1899 (Karnataka Act III of 1899) shall be applicable in respect ofrepeal of the said Act.Provided also that subject to the preceding proviso anything done or anyaction taken (including any appointment or delegation made, tax, duty, fee, orcess imposed, notification, order, instrument, or direction issued, rule,regulation, form, bye-law or scheme framed, certificate obtained, permit or licencegranted or registration effected) under the said enactments shall be deemed tohave been done or taken under the corresponding provisions of this Act and shallcontinue to be in force accordingly unless and until superseded by anything doneor any action taken under this Act :Provided also that, notwithstanding anything contained in the preceding

259. provisos where any tax, duty, fee or cess other than a duty on transfers of

immovable properties has been imposed under the said enactments at a ratehigher than the maximum rate permissible under this Act, such tax, duty, fee orcess may continue to be imposed and collected at such higher rate unless anduntil superseded by anything done or any action taken under this Act :

(2)Notwithstanding anything contained in sub-section (1), anytax, duty, fee, or cess imposed under the said Act may, notwithstanding thatsuch tax, duty, fee or cess cannot be imposed under the provisions of this Act, becontinued to be levied and recovered as if the provisions of such enactments, therules, bye-laws, orders and notifications made or issued thereunder relating tosuch levy and recovery had not been repealed.FIRST SCHEDULE(See section 107 )

(A)Core Functions.-

i. Urban planning including town planning,ii. Regulation of land-use including protection of public land from encroachmentand construction of buildings,iii. Planning for economic and social development,iv. Roads including footpath and road crossing facilities for pedestrians andbridges,v. Water supply for domestic, industrial and commercial purposes,vi. Public health, sanitation including storm water drains, conservancy and solidand liquid waste management,vii. Fire services,viii. Urban forestry, protection of the environment, promotion of ecological aspectsand maintenance of environmental hygiene,ix. Safeguarding the interests of persons with physical and mental disabilities,x. Slum improvement and upgradation including providing basic facilities,xi. Urban poverty alleviation,xii. Provision and maintenance of urban amenities and facilities such as parks,gardens, playgrounds, public markets, bathing and washing ghats, waitingsheds for travellers,xiii. Promotion of cultural, educational and aesthetic aspects,xiv. Establishment and maintenance of burial and burning grounds, cremations,cremation grounds and electric crematoriums,xv. Cattle pounds, prevention of cruelty to animals,xvi. Collection and updating of vital statistics including registration of births,deaths and marriages,xvii. Provision and maintenance of public amenities including street lighting,parking spaces for vehicles, bus stops and public conveniences like toiletfacilities at public places,xviii. Regulation of slaughter houses and tanneries and sale of meat, fish and otherperishable food stuffs among others.

(B)General Functions.-

i. Organising voluntary workers and promote community participation in alldevelopment activities,ii. Organise campaign for thrift,iii. Awareness building against social evils such as dowry, domestic violence, abuse ofchildren, casteism, homophobia, and xenophobia,iv. Organize legal awareness campaigns among weaker sections, campaign against

260. economic offences, adherence to civic duties, and promoting communal harmony,

v. Organise relief activities during natural calamities and maintain relief centres likehospitals, dispensaries, asylums, rescue homes, maternity houses and childwelfare centres, etc.,vi. Mobilising local resources in cash or in kind,vii. Organise and promote resident welfare associations, neighbourhood groups andcommittees, and self-help groups with focus on the poor,viii. Disclosure and dissemination of information of public interest,ix. Maintenance of public properties,x. Issue of licence to dangerous and offensive trades and industries,xi. Issue of licence to domestic pet animals,xii. Conservation and preservation of water bodies,xiii. Conservation and preservation of places and buildings of historical and culturalimportance,xiv. Promoting energy efficiency and build awareness on climate change,xv. Promote introduction of Information Technology and e-Governance in the workingof the Corporation.

(C)Sector-wise functions.-

(i)Urban Planning including Town Planning:

(a)Planned development of new areas for human settlement, erection and

maintenance of boundary marks defining the limits or any alteration in thelimits,

(b)Measures for beautification of the corporation area by setting up fountains,

providing recreational areas, improving river banks, and landscaping,

(c)Integration of the development plans and schemes of the municipal area

with the district or regional development plan,

(d)Preparation and keeping upto date of appropriate maps, data and records of

lands within corporation and utility to which such lands are from time totime put;

(ii)Environment and Social Forestry:

(a)Organise campaigns for environmental awareness,

(b)Motivating local action for its upgradation, planting of trees, etc.,

(c)Reclamation of waste lands, promotion of social forestry and maintenance of

open spaces,

(d)Establishment and maintenance of nurseries, promotion of greenery;

(iii)Small Scale Industries:

(a)Promotion of handicrafts,

(b)Formulate and implement self-employment schemes in industrial sector,

(c)Implementation of the entrepreneur development programmes;

(iv)Housing:

(a)Identify the homeless, provision of house sites and houses, implementation

of shelter rejuvenation programmes,

(b)Mobilise fund necessary for housing;

(v)Education and Culture:

(a)Run the pre-primary, primary, higher secondary and technical schools,

vocational training centres, and implement literacy programmes,

(b)Promote civic education, adult education, social education and nonformal

261. education,

(c)Promotion of cultural activities including music, physical education, sports

and theatres and infrastructure therefor,

(d)Advancement of science and technology in urban life,

(e)Organization, establishment and maintenance of art galleries and botanical

or zoological collections,

(f)Maintenance of corporation office, and of all public monuments and places

of historical, artistic and other importance,

(g)Presentation of awards to persons of distinction, paying homage on death to

persons of repute,

(h)Holding and regulation of fairs, festivals, industrial and health exhibitions;

(vi)Public Works:

(a)Construct and maintain the roads except National Highways, State

Highways and major District roads within the corporation, and buildingsfor institutions including those transferred from Government.

(vii)Public Health and Sanitation:

(a)Run dispensaries, primary and public health centres and hospitals under

all systems of medicines, child welfare centres and mother care homes,

(b)Organise remedial and other preventive measures against disease,

(c)Implement family welfare programmes,

(d)Organise mass inoculation campaigns for eradication of infectious diseases,

(e)Reclamation of unhealthy localities, removal of noxious vegetation and

abatement of all nuisances,

(f)Maintenance of all public tanks and regulating the reexcavation, repair and

up-keep of all tanks, wells and other sources of water-supply and provisionfor unfiltered water supply for non-domestic uses,

(g)Public vaccination, prophylactic inoculations, vector control

(h)Maintenance of ambulance service,

(i)Advancement of civic consciousness of public health and general welfare by

organizing discourses, seminars and conferences,

(j)Prevention of food adulteration and control of eating-houses,

(k)Effective implementation of national and state strategies and programmes

for prevention and control of diseases;

(viii)Social Welfare:

(a)Run Anganwadis, and institutions for the welfare of persons with disability,

urban poor among others;

(b)Sanction and distribute pension to persons with disability, widows, urban

poor, distribute unemployment wages, and implement Group InsuranceScheme to the poor,

(c)Implementation of programmes for liberation and rehabilitation of

scavengers and their families,

(d)Campaigns for dissemination of information, vital for public welfare,

(e)Securing or removal of dangerous buildings and places, obstructions and

262. projections in or upon streets, bridges and other public places;

(ix)Eradication of poverty:

(a)Develop skills and implement self-employment and group employment

schemes for the poor, especially for women,

(b)Create community assets to get continuing benefit to the poor;

(x)Development of Persons belonging to Scheduled Caste/Scheduled Tribe:

(a)Implementation of beneficiary-oriented schemes under Special Component

Plan (SCP) and Tribal Sub Plan (TSP) and provide basic facilities in theresidential centres and financial assistance for the Scheduled Caste/

d Tribe,

(b) Run nursery schools, vocational training centres for the Scheduled

Caste/Scheduled Tribe;

(xi)Public Distribution System:

(a)Examine complaints against public distribution system and find out and

implement remedial measures,

(b)Organise campaigns against offences relating to weights and measures,

(c)General supervision of shops and other public distribution system and to

provide guidance;

(xii)Disaster Relief:

(a)Maintain relief centres and organise relief activities like provision to

hospitals, dispensaries, asylums, rescue homes, maternity houses, andchild welfare centres, crematorium, burial ground among others.SECOND SCHEDULE(See section 302 )GRADE-I GRADE-II GRADE-III HERITAGE PRECINCTSDefinition HeritageGrade-Icomprisesbuildings andprecincts ofnational orhistoricimportance,embodyingexcellence inarchitecturalstyle, design,technology andmaterial usageand/oraesthetics;they may beassociated witha historicevent,personality,movement orinstitution.They have beenand are theHeritage Grade-II comprises ofbuildingsand precincts ofregional or localimportancepossessingspecialarchitectural oraesthetic merit,or cultural orhistoricalsignificancethough of alower scale thanHeritage Grade-I.They are locallandmarks,which contributeto the image andidentity of theregion. They maybe the work ofmaster craftsfolks or may beHeritage Grade-III comprisesbuildingsand precincts ofimportance fortownscape; thatevokearchitecturalaesthetic, orsociologicalinterest thoughnot as much asin HeritageGrade-II. Thesecontribute todetermine thecharacter of thelocality and canberepresentativeof lifestyle of aparticularcommunity orregion and mayalso beA heritage precinct isan area of heritagevalue. It may consistof a number ofbuildings andspaces, such asstreets, with culturalor heritagesignificance worthrecognition andconservation, or itmay be an areawhere therelationship betweenvarious elements,creates a specialsense of place likemass, scale, buildingmaterial, typology,roof profile andshapes or containingarchitectural style orelements. Precinctsare of different

263. importance and are

primelandmarks ofthe region.All natural sitesshall fall withinGrade-I.models ofproportion andornamentationor designed tosuit a particularclimate.distinguished bysetting, orspecialCharacter of thefaçade anduniformity ofheight, widthand scale.made up of differenttypes of elementssuch as houses,trees, commercialproperties and publicspaces combining tocreate a uniquesignificance.Objective Deserves carefulpreservationDeserves intelligentconservationDeservesintelligentconservation(thoughon a lesser scalethan Grade-IIand specialprotection touniquefeatures andattributes)Precincts deserveappropriate repairand maintenanceand very sensitivedevelopment i.e.regarding the mass,scaleand setting. It alsorequiresconservation of itsheritage andcultural significanceScope forChangeNo interventionsshall bepermittedeither onexterior orinterior of theheritagebuilding ornatural featuresunless it isnecessary inthe interest ofstrengthening andprolonging the lifeofthe buildings/orprecincts or any

Part or – features

thereof. Forthis purpose,absolutelyessentialand minimumchanges shallbe allowed andthey must be inconformity withthe originalGrade-II(A):Internal changesandadaptive re-usemaybe allowed, subjectto strictscrutiny. Careshould be takento ensure theconservation ofall specialaspects forwhich it is includedinHeritage Grade-II.Grade-II(B):In addition to theabove, extensionor additionalbuilding on thesame plot orcompound mayincertaincircumstances,be allowed providedthat theextension /additionalbuilding is inharmony with(and does notdetract from) theInternal changesand adaptivere-use mayby and large beallowed. Changesmay includeextensions andadditionalbuildings onthe same plotor compound.However,any changesshould be suchthat they are inharmony andshould be suchthat they do notdetract from theexistingheritagebuilding/precinctespecially in termsof height andfaçade andprovided thattheextension/additionalbuilding is notlarger than theoriginalbuilding inSensitive additions,alterations,extensions andinterior renovationsshall be permissiblebut these shouldnot alter thecharacter of thebuilding/ precinct.The newinterventions maybe contemporarybut subtle orinspired by theoriginal characterand not tastelessimitation.Reconstruction ispermissible but onlyfor buildings thatare totallystructurally unsafeascertified by aStructural Engineerand corroborated bythe HeritageConservationCommittee. Thereconstructionshould not followthe prevailing

264. byelaws but should

existing heritagebuilding/(s) orprecincts especiallyinterms of height andfaçade andprovided that theadditionalbuilding is notlarger than theoriginal buildingin termsof mass and scale.mass and scale be in such amanner whichensures that thebuilding/ precinctcharacter is notdiminished, yetallows for growthand good urbandesign.Urban DesignGuidelines shouldbe preparedseparately for eachof the listed heritageprecincts asextension of the byelaws. Allconstructionswithin heritageprecincts should begoverned by thesaid guidelines

2020. The above translation of ಹ ಂಗ ಮ ನಗರ ಅ ಯಮ,

(2020ರ ಕ ಟಕ ಅ ಯಮ 53) shall be authoritative text in theEnglish language under clause (3) of Article 348 of the Constitution of India.VAJUBHAI VALAGOVERNOR OF KARNATAKABy Order and in the name ofthe Governor of Karnataka,(K. DWARAKANATH BABU)Secretary to GovernmentDepartment of Parliamentary Affairsand Legislationಮುದರ್ಕರು ಹಾಗೂ ಪರ್ಕಾಶಕರು:- ಸಂಕಲನಾಧಿಕಾರಿಗಳು, ಕನಾರ್ಟಕ ರಾಜಯ್ಪತರ್, ಸಕಾರ್ರಿ ಕೇಂದರ್ ಮುದರ್ಣಾಲಯ, ಬೆಂಗಳೂರು.R.N.I. No. KARBIL/2001/47147 POSTAL REGN. No. RNP/KA/BGS/2202/2017-19Licensed to post without prepayment WPP No. 297SUNIL GARDE Digitally signed by SUNIL GARDEDate: 2020.12.21 18:12:22 +05'30'

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