Karnataka Municipal Corporations, Act, 1976

396 Pages·2015·1.36 MB·English

1977: KAR. ACT 14] Municipal Corporations 287
THE KARNATAKA MUNICIPAL CORPORATIONS ACT, 1976.
ARRANGEMENT OF SECTIONS
Statements of Objects and Reasons:
Sections:
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.
2. Definitions.
CHAPTER II
ESTABLISHMENT OF CORPORATION
3. Specifying larger urban area and establishment of corporation etc.
4. Inclusion and exclusion of areas in, or from the larger urban area.
5. Erection and maintenance of boundary marks.
CHAPTER III
MUNICIPAL AUTHORITIES
6. Municipal Authorities.
7. Constitution of the Corporation.
8. Term of office of Councillors.
9. Omitted.
10. Mayor and Deputy Mayor.
11. Standing Committees.
12. Chairman of the Standing Committees.
13. Construction of reference to standing committees and Chairman.

CHAPTER IIIA
Area sabhas and Ward Committees

13A. Definitions and application.
13B. Determination of Areas.
13C. Constitution of Area Sabha.
13D. Representatives of Area Sabha.
13E. Term of office.
13F. Meeting of the Area Sabha.
13G. Functions and duties of the Area Sabha.
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13H. Composition, territorial area and manner of filling of seats in Ward
Committee.
13I. Functions of the Ward Committee.
13J. Bye-laws.
13K. Power to make rules.
13L. Power to remove difficulties.
14. Commissioner and his term of office, etc.
15. Salary and other conditions of service of the Commissioner.
16. Acting Commissioner.
17. Honoraria, fees or allowances.
18. Oath of allegiance to be taken by councillors.
19. Declaration of assets, etc.,
20. Power to make rules regarding election of Mayor, Deputy Mayor and
members and chairman of standing committees .

CHAPTER IV
ELECTION
21. Determination of wards, etc.
22. Right to vote.
23. Electoral rolls.
24. State Election Commission to fix date of elections.
25. Qualification of candidates.
26. General disqualification for becoming a councillor.
26A. Account of Election Expenses and Maximum thereof.
26B. Lodging of Account with the Returning Officers
26C. Failure to lodge an account of Election Expenses
27. Corrupt practices entailing disqualification.
28. Disqualification for being a voter arising out of conviction and corrupt
practice.
29. Disqualification for being an election agent.
30. Equality of votes.
31. Prohibition of simultaneous membership.
32. Publication of results of elections.
33. Election petition.
34. Relief that may be claimed by the petitioner.
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35. Grounds for declaring elections to be void.
36. Procedure to be followed by the court.
37. Decision of the court.
38. Appeal.
39. Corrupt Practices.
40. Promoting enmity between classes in connection with election.
41. Prohibition of public meetings two days before preceding the election day
and on the election day.
42. Disturbances at election meetings.
43. Restrictions on the printing of pamphlets, posters, etc.
44. Maintenance of secrecy of voting.
45. Officers, etc., at elections not to act for candidates or to influence voting.
46. Prohibition of canvassing in or near polling stations.
47. Penalty for disorderly conduct in or near polling stations .
48. Penalty for misconduct at the polling station.
49. Penalty for illegal hiring or procuring of conveyances at elections
50. Breaches of official duty in connection with elections.
50A. Returning Officer, Presiding Officer etc deemed to be on deputation to
State Election Commission.
51. Penalty for Government servants for acting as election agent, polling agent
or counting agent.
52. Removal of ballot papers from polling station to be an offence.
53. Other offences and penalties therefor.
54. Prosecution regarding certain offences.
55. Control of Elections and power to make rules regulating the election of
councillors.
55A. Voting machines at elections
56. Bar of suits relating to elections, etc.
CHAPTER V
POWERS AND FUNCTION OF THE CORPORATION AND OTHER AUTHORITIES
57. General powers of the corporation.
58. Obligatory functions of the corporations.
59. Discretionary functions of the corporations.
60. Powers and functions of the Mayor.
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61. Functions of the Deputy Mayor.
61A. Functions of the Standing Committees of the Bruhat Bangalore
Mahanagara Palike.
62. Functions of the standing committees of other corporations.
63. Delegation of powers to Commissioner by standing committee.
64. Functions of the Commissioner.
65. Commissioner to carry on correspondence.
66. Delegation of Commissioner’s ordinary power.
67. Delegation of Commissioner’s extraordinary powers.
68. Custody of records.
69. Control over Corporation establishment.
70. Power of councillors.
CHAPTER VI
PROCEDURE OF THE CORPORATION AND COMMITTEES
71. Proceedings of the corporation and standing committees .
72. Obligation laid on remaining municipal authorities to carry out resolutions of
the corporation.
73. Corporation may call for extracts from proceedings, etc., from the standing
committee, etc.
74. The corporation or a standing committee may require Commissioner to
produce documents and furnish returns, reports etc.
75. Joint transaction with other local authorities.
76. Proceedings of corporation, etc., not vitiated by disqualification, etc., of
members thereof.
77. Record of proceedings.
78. Proceedings of meetings to be good and valid until contrary is proved.
79. Commissioner’s right to attend and take part in discussion but not to move
resolution or to vote.
80. Councillors to refrain from taking part in discussion and voting on questions
in which they have pecuniary interest.
81. Submission of administration report to Government.
CHAPTER VII
CORPORATION OFFICERS AND SERVANTS AND THEIR APPOINTMENT AND CONDITIONS OF
SERVICE
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82. Appointment of Engineer, Health Officer, etc.
83. Appointment to certain posts under the corporations to be made from
Karnataka Municipal Administrative Service.
84. Appointment to the other posts on the corporation establishment.
85. Special appointments.
86. Power of Government to appoint special health officers.
87. Contribution in respect of Government servants.
88. Establishment schedule.
89. Reservation of posts for appointment.
90. Punishment for corporation officers and other employees.
91. Power of Government to make rules regarding the conditions of service
applicable to employees.
91A. Transfer of employees.

CHAPTER VIII
ESSENTIAL SERVICES
92. Declaration of Essential Services, etc.
93. Power of Government &to declare emergency.
CHAPTER IX
POWER OF GOVERNMENT
94. Power of Government to call for records and to cause inspection to be
made.
95. Power of Government to take action in respect of matters pending
undisposed of before the corporation.
96. Government’s power to direct the taking of action.
97. Government’s power to appoint an officer to take action in default, at the
expense of corporation.
98. Submission of copies of resolution to Government and Government’s power
to cancel resolution and orders.
99. Power of Government to dissolve corporation.
100. Power to appoint Administrator in certain cases.
101. Omitted.
102. Revision.
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CHAPTER IX-A
Establishment of the Karnataka Property Tax Board
102A. Definitions.
102B. Act to override other laws.
102C. Establishment of the Board.
102D. Composition of the Board.
102E. Validation.
102F. Functions of the Board.
102G. Publication of draft valuation rates.
102H. Appointment of staff.
102I. Appointment of staff of municipality or any other local authority.
102J. Funds of the Board.
102K. Grants or loans to the Board.
102L. Municipalities to make payment to the Board.
102M. Annual Report.
102N. Expenditure incurred on account of salaries and allowances including
contingencies.
102O. Budget.
102P. Expenditure and accounts.
102Q. Audit.
102R. Delegation of powers.
102S. Member, officers and employees to be public servants.
102T. Secretary to carry on correspondence.
102U. Custody of records.
102V. Control over the Board establishment.
102W. Notice to be given of suits.
102X. Power of the Government to make rules.
102Y. Removal of difficulties.

CHAPTER X
TAXATION
ENUMERATION OF TAXES
103. Taxes which may be imposed.
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103A. Omitted.
103B. Levy of Infrastructure and Solid Waste Management Cess.
103C. Levy of Urban Transport Cess
104. Procedure preliminary to imposing a tax.
105. Power to sanction, modify and impose conditions.
106. Publication of resolution with notice.
107. Power to suspend, reduce or abolish any existing tax.
108. Description and class of property tax.
108A. Levy and calculation of property tax in respect of Bruhath Bangalore
Mahanagara Palike.
109. Method of assessment of property tax.
109A. Enhancement of Property tax.
110. General exemptions.
111. Property tax-a first charge on property and movables.
112. Property tax from whom and when payable.
112A. Assessment of Poperty Tax.
112B Preparation and publication of property tax register.
112C. Levy of penalty on unlawful building.
112D. Survey of lands and Buildings and preparation of property register.
113. Demand for payment of property tax and appeal against such demand.
114. Obligation of transferor and transferee to give notice of transfer.
114A. Review by the Commissioner.
115. Owner’s obligation to give notice of construction or reconstruction or
demolition of building.
116. Omitted.
117. Commissioner’s power to call for information and to enter upon premises
and to condone omission to give notice.
118-133. Omitted
134. Tax on advertisement.
135. Prohibition of advertisements without written permission of Commissioner.
136. Permission of the Commissioner to become void in certain cases.
137. Owner or person in occupation to be deemed responsible .
138. Removal of unauthorised advertisement.
139. Collection of tax on advertisement.
140. Duty on transfer of immovable properties.
141. Provisions applicable on the introduction of transfer duty.
142. Power to make rules regarding assessment and collection of transfer duty.
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143. Power to assess in case of escape from assessment.
144. Fixed charges and agreements for payment in lieu of taxes.
145. Power of Government to suspend or prohibit levy of objectionable taxes.
146. Power of Government to require corporation to impose taxes.
147. Rules in Schedule III.
148. Omitted.
CHAPTER XI
FINANCE, ACCOUNTS AND AUDIT
149. Corporation Fund.
149A. Urban Transport Fund
150. Accounts and Audit.
151. Financial rules.
152. Contribution for supply of water to the inhabitants of the City of Bangalore.
153. Contribution to expenditure by other local authorities.
154. Power of corporation to borrow money.
155. Time for repayment of money borrowed under section 154.
156. Limit of borrowing powers.
157. Form and effect of debentures.
158. Payment to survivors of joint payees.
159. Receipt by joint holder for interest or dividend.
160. Maintenance and investment of sinking funds.
161. Application of sinking fund.
162. Annual statement by trustees.
163. Power of corporation to consolidate loans.
164. Priority of payments for interest and repayment of loans over other
payment.
165. Attachment of corporation fund for recovery of money borrowed from
Government.
166. Estimates of expenditure and income to be prepared annually by the
Commissioner.
167. Budget estimates to be prepared by the standing committee for taxation
finance and appeal or as the case may be standing Committee for taxation
and finance.
168. Consideration of budget estimate by the corporation.
169. Procedure of Corporation.
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170. Obligation to pass budget before the beginning of the year.
171. Corporation may pass supplemental budget.
172. Reduction or transfer of budget grants.
173. Re-adjustment of income and expenditure to be made by the corporation
during the course of the official year whenever necessary.
CHAPTER XII
PROPERTY AND CONTRACTS
174. Corporation property.
175. Acquisition of property and interest therein.
176. Disposal of property and interest therein.
177. Procedure for acquisition of immovable property under the Land Acquisition
Act, 1894.
178. Provisions relating to land and other properties.
178A. Decision of claims to the property by or against the corporation.
179. Objects not provided for by this Act.
180. Power of corporation to determine whether works shall be executed by
contract.
181. Powers of several authorities to sanction estimates.
182. General provisions relating to contracts.
183. Invitation of tenders.
184. Saving of certain irregularities.
185. Security for performance of contracts.
CHAPTER XIII
WATER SUPPLY AND SEWERAGE
186. Application of Certain Provisions of this Chapter.
187. Construction of works.
188. Trespass on water supply premises.
189. Prohibition of building over water mains.
190. Control over house connections.
191. Payment to be made for water supplied.
192. Private water supply for domestic purposes.
193. Supply of water for domestic purpose not to include any supply for certain
specified purposes.
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194. Water supply for domestic purposes not to be used for non-domestic
purposes.
195. Power to supply water for non-domestic purposes.
196. Supply of water to Government and local authorities.
197. Public Water supply.
198. Power to lay mains.
199. Power to lay service pipes, etc.
200. Provision of fire hydrants.
201. Power to require owners of premises to set up pumps, etc..
202. Supply of water.
203. Laying of supplying pipes, etc..
204. Power to require separate service pipes..
205. Stopcocks.
206. Power to provide meters.
207. Presumption as to correctness of meters.
208. Prohibition of waste or misuse of water.
209. Power to enter premises to detect waste or misuse of water.
210. Power to test water fittings.
211. Water pipes, etc., not to be placed where water will be polluted.
212. Power to cut off water supply.
213. Joint and several liability of owners and occupiers for offence in relation to
water supply.
214. Non-liability of corporation when supply is reduced or not made in certain
cases.
215. Right of user of conduits, lines, etc.
216. Power of owner of premises to place pipes through land belonging to other
persons.
217. Power to execute work after giving notice to the person liable.
218. Work connected with water supply to be done by licensed plumber.
219. Prohibition of certain acts relating to water supply.
220. Bye-laws regarding water supply.
221. Vesting of sewers, etc., in corporation.
222. Maintenance of sewers and sewage disposal works.