Loading...
Are you looking for a legal research tool ?
Get Started
Do check other products like LIBIL, a legal due diligence tool to get a litigation check report and Case Management tool to monitor and collaborate on cases.

KARNATAKA MUNICIPAL CORPORATIONS RULES, 1977

KARNATAKA MUNICIPAL CORPORATIONS RULES, 1977

KARNATAKA MUNICIPAL CORPORATIONS RULES, 1977

 

PREAMBLE

Whereas the draft of the Karnataka Municipal Corporations Rules, 1977 was published as required by sub-section (1) of Section 421 of the Karnataka Municipal Corporations Act, 1976 (Karnataka Act No. 14 of 1977) in the Notification No. HMA 270 MNU 77, dated 27th October, 1977 (GSR 324 in Part IV, Section 2C(i) of the Karnataka Gazette dated, 28th October, 1977) inviting objections and suggestions from all persons likely to be affected thereby before 7th November, 1977.

Whereas the said Gazette made available on 3rd November, 1977.

Whereas the objections and suggestions received on the said draft have been considered by the Government.

Now, therefore, in exercise of the powers conferred by Section 421 of the Karnataka Municipal Corporations Act, 1976 (Karnataka Act No. 14 of 1977), the Government of Karnataka hereby makes the following rules, namely.

CHAPTER I PRELIMINARY

Rule - 1. Title and commencement.

(1)     These rules may be called the Karnataka Municipal Corporations Rules, 1977.

(2)     They shall come into force at once.

Rule - 2. Definitions.

In these rules unless the context otherwise requires,

(1)     "Act" means the Karnataka Municipal Corporations Act, 1976 (Karnataka Act 14 of 1977);

(2)     "Commission" means the Karnataka Public Service Commission;

(3)     "Appointing Authority" means the authority mentioned in the Schedule;

(4)     "Direct recruitment relating to any post" means appointment otherwise than by promotion;

(5)     "Equivalent qualification" means qualification notified by the Government as equivalent to a qualification prescribed in respect of any post in these rules relating to recruitment;

(6)     "Promotion" means appointment from a post or grade of service or class of service to a higher post or higher grade of service or higher class of service;

(7)     "Ex-Serviceman" means a person who has served in any rank (whether as a combatant or non-combatant) in the Armed Forces of the Union for a continuous period of not less than six months and.

(i)       has been released, otherwise than by way of dismissal or discharge on account of misconduct or inefficiency, or has been transferred to the reserve pending such release; or

(ii)      has to serve for more than six months for completing the period of service requisite for becoming entitled to be released or transferred to the reserve as aforesaid;

(8)     "Bachelor's Degree", "Master's Degree" or "Doctorate" means such degree or doctorate granted by a University established by law in India;

(9)     "Armed Forces of the Union" means the Naval, Military or Air Forces of the Union and includes the Armed Forces of the Former Indian States;

(10)   "Selection" means selection in accordance with the provisions of these rules.

(i)       after consulting the Commission where such consultation is necessary; or

(ii)      by the Advisory or Selection Committee, if any, appointed for the purpose by the Government; or

(iii)     by the Appointing Authority where no Advisory or Selection Committee has been appointed.

CHAPTER II TAXATIONS

Rule - 3. Publication of resolution for imposing taxes under Section 104.

The notice of resolution for imposing the tax shall be in Form-A and shall be published in the newspapers and also in the Notice Board of the Corporation office.

Rule - 4. Collection of transfer duty.

(1)     The Sub-Registrar shall at the time of the registration of the instrument maintain an account of the duty of transfer levied in respect of each such instrument i.e., regulating the collection and shall send an account thereof to the Corporation at the end of every month and also to the District Registrar of Stamps.

(2)     Three per cent of the amount so collected shall be deducted towards expenses incurred by the Government in connection with thereof.

(3)     The District Registrar shall send intimation to the Commissioner of the Corporation once in every quarter about the amount payable to the Corporation, on the basis of the said information and the Commissioner shall prepare a bill and draw the amount from the concerned District Treasury and credit the same to the Corporation fund.

Rule - 4-A. Depreciation for the buildings.

[1]The depreciation for buildings of the class referred to in sub-clause (ii) of clause (a) of the proviso to sub-section (2) of Section 109 shall be as follows.

 

Age of the Building

Depreciation

 

If the age of the building.

 

1.

does not exceed five years

Ten per cent

2.

exceeds five years but does not exceed ten years

Fifteen per cent

3.

exceeds ten years but does not exceed fifteen years

Twenty per cent

4.

exceeds fifteen years but does not exceed twenty-years

Twenty-five per cent

5.

exceeds twenty years but does not exceed twenty-five years

Thirty per cent

6.

exceeds twenty-five years but does not exceed thirty years

Thirty-five per cent

7.

exceeds thirty years but does not exceed thirty-five years

Forty per cent

8.

exceeds thirty-five years but does not exceed forty years

Forty-five per cent

9.

exceeds forty years but does not exceed forty-five years

Fifty per cent

10.

exceeds forty-five years but does not exceed fifty years

Fifty-five per cent

11.

exceeds fifty years but does not exceed fifty-five years

Sixty per cent

12.

exceeds fifty-five years but does not exceed sixty years

Seventy per cent.]

CHAPTER III PROPERTY AND CONTRACTS

Rule - 5. Disposal of property.

No movable property exceeding rupees two thousand in value shall be sold otherwise than by the public auction.

Rule - 6. Powers of the several authorities of the Corporations to sanction estimates.

[2](1) The powers of the several authorities of the Corporation of the City of Bangalore to sanction estimates shall be as follows, namely.

(i)       The Commissioner may sanction any estimates the amount of which does not exceed Rupees 10 lakhs;

(ii)      When the amount of an estimate exceeds Rupees 10 lakhs but does not exceed Rupees 15 lakhs, sanction of the Standing Committee shall be required;

(iii)     Any estimate the amount of which exceeds Rupees 15 lakhs but does not exceed Rupees 30 lakhs, shall require sanction of Corporation;

(iv)    Any estimate the amount of which exceeds Rupees 30 lakhs shall require the sanction of the Government;

(2)   The powers of the several authorities of the Corporations of the Cities of Hubli-Dharwad and Mysore to sanction estimates shall be as follows, namely.

(i)       The Commissioner may sanction any estimate the amount of which does not exceed Rupees 2 lakhs;

(ii)      When the amount of an estimate exceeds Rupees 2 lakhs but does not exceed Rupees 4 lakhs, sanction of the Standing Committee shall be required;

(iii)     Any estimate the amount of which exceeds Rupees 4 lakhs but does not exceed Rupees 8 lakhs, shall require sanction of the Corporation;

(iv)    Any estimate the amount of which exceeds Rupees 8 lakhs shall require the sanction of Government.

(3)   The powers of the several authorities of the Corporations of the Cities of Belgaum, Mangalore and Gulbarga to sanction estimates shall be as follows namely.

(i)       The Commissioner may sanction any estimate the amount of which does not exceed Rupees 1 lakh;

(ii)      When the amount of an estimate exceeds Rupees 1 lakh but does not exceed Rupees 3 lakhs, sanction of the Standing Committee shall be required;

(iii)     Any estimate the amount of which exceeds Rupees 3 lakhs but does not exceed Rupees 8 lakhs, shall require sanction of the Corporation;

(iv)    Any estimate the amount of which exceeds Rupees 8 lakhs shall require the sanction of the Government.]

Rule - 6-A. Restriction on the power to make contracts.

[3](1) (a) The restriction on the power of the several authorities of the Corporation of the City of Bangalore to make contracts shall be as follows, namely.

(i)       The Commissioner shall not make a contract involving the expenditure exceeding Rupees 10 lakhs unless he has obtained sanction of the Standing Committee;

(ii)      The Standing Committee shall not authorise making of contract involving an expenditure exceeding Rupees 15 lakhs unless sanction of the Corporation thereto is obtained;

(iii)     The Corporation shall not authorise making of contract involving an expenditure exceeding Rupees 20 lakhs unless it has obtained sanction of the Government.

(b) Any variation of the contract involving an expenditure which exceeds 5 per cent over the expenditure involved in the original contract shall require sanction of the Standing Committee if the original contract has been made by the Commissioner of the Corporation if the original contract has been made with the sanction of the Standing Committee and of the Government if the original contract has been made after obtaining the sanction of the Corporation.

(2)   (a) The restriction on the power of the several authorities of the Corporations of the Cities of Hubli-Dharwad and Mysore to make contracts shall be as follows, namely.

(i)       The Commissioner shall not make a contract involving an expenditure exceeding Rupees 3 lakhs unless he has obtained sanction of the Standing Committee;

(ii)      The Standing Committee shall not authorise making of contract involving an expenditure exceeding Rupees 5 lakhs unless sanction of the Corporation thereto is obtained;

(iii)     The Corporation shall not authorise making of contract involving an expenditure exceeding Rupees 10 lakhs unless it has obtained sanction of the Government.

(b) Any variation of the contract involving an expenditure which exceeds 5 per cent over the expenditure involved in the original contract shall require sanction of the Standing Committee if the original contract has been made by the Commissioner of the Corporation if the original contract has been made with the sanction of the Standing Committee, and of the Government if the original contract has been made after obtaining the sanction of the Corporation.

(3)   (a) The restriction on the power of the several authorities of the Corporations of the Cities of Belgaum, Mangalore and Gulbarga to make contracts shall be as follows, namely.

(i)       The Commissioner shall not make a contract involving an expenditure exceeding Rupees 2 lakhs, unless he has obtained sanction of the Standing Committee;

(ii)      The Standing Committee shall not authorise making of contract involving an expenditure exceeding Rupees 5 lakhs unless sanction of the Corporation thereto is obtained;

(iii)     The Corporation shall not authorise making of contract involving an expenditure exceeding Rupees 8 lakhs unless it has obtained sanction of the Government.

(b) Any variation of the contract involving an expenditure which exceeds 5 per cent over the expenditure involved in the original contract shall require the sanction of the Standing Committee if the original contract has been made by the Commissioner of the Corporation if the original contract has been made with the sanction of the Standing Committee, and of the Government if the original contract has been made after obtaining the sanction of Corporation.]

Rule - 7. Invitation to tenders.

The advertisement inviting tenders for contracts shall be published only in such newspapers having the circulation of not less than five thousand copies per day.

CHAPTER IV REGULATION OF BUILDINGS

Rule - 8. Additional documents to be furnished.

Where any person intends to construct or reconstruct a building he shall, in addition to the documents specified under Section 299, furnish the following documents namely.

(1)     Title deed or Possession Certificate (Certified Copies).

(2)     Katha Certificate (Extract).

(3)     Up-to-date tax paid receipt (Certified Copies).

(4)     Schedule-II form of the Government of India, Ministry of Works and Housing, National Building Organisation.

(5)     Form 'A' (Bye-law No. 2) affixing 50 paise Court Fee Stamp.

(6)     Challan for having remitted the licensing fee.

CHAPTER V PREVENTION OF DISEASES

Rule - 9. Enforcement of Vaccination.

Vaccination may be enforced in the following manner.

"The Corporation shall enforce Vaccination throughout the city in such manner as may be specified by Health Officer and it may enforce re-vaccination throughout the city or in any part thereof, in respect of such person to such extent and in such manner as may be specified from time to time by the Health Officer."

CHAPTER VI OFFICERS AND SERVANTS OF THE CORPORATION

Rule - 10. Direct Recruitment.

(1)     All vacancies in respect of direct recruitment shall be filled either by competitive examination or by selection through the Commission in accordance with the Karnataka Public Service Commission (Service of Local Authorities) (Functions) Rules, 1963.

(2)     All posts other than posts mentioned in sub-rule (1) to be filled by direct recruitment shall be filled by the appointing authority concerned on the basis of the performance of the candidate, out of the list sent by the Employment Exchange at the viva voce or such other test or tests the appointing authority may deem fit to conduct in each case.

Rule - 11. Procedure for Appointment.

Subject to the provision of these rules appointment to any cadre of the post shall be made.

(1)     In the case of a direct recruitment.

(a)      If it is by competitive examination in the order of merit from the list of the candidates prepared by the Commission or by the appointing authority;

(b)      If it is by selection, after giving such adequate publicity to the recruitment, such Appointing Authority may determine in the order of merit of the candidates as determined by the Commission or the Appointing Authority, as the case may be.

(2)     In the case of recruitment by promotion.

(a)      If it is to a post to be filled by promotion by selection of a person on the basis of merit and suitability in all respects to discharge the duties of the post with due regard to the seniority from among persons available for promotion;

(b)      If it is to a post other than referred to in clause (a) by selection of a person on the basis of seniority-cum-merit, that is, seniority subject to the fitness of the candidate to discharge the duties of the post, from among persons eligible for promotion.

Rule - 12. Disqualification for Appointment.

(1)     No person shall be eligible for appointment to any service under the Corporation unless he is.

(a)      A Citizen of India; or

(b)      Eligible for appointment to a State Civil Service.

(2)     No person who has more than one wife living and no woman who has married a person already having another wife, shall be eligible for appointment to any Corporation Service.

(3)     No person who attempts to obtain extraneous support of his candidature from official or non-official shall be eligible for appointment to any Corporation Service.

(4)     No applicant for appointment to any post shall be eligible for appointment if he is at the time of his application in permanent or temporary employment in any Department of Government or under any other State Government or Central Government or any other Authority specified by the Government in this behalf and has made the application without the written consent of the Head of the Department or the Government or the authority, as the case may be under whom he is employed.

(5)     No person shall be eligible for appointment to any Corporation Service if he or she.

(a)      Is or has been a member of or associated himself or herself with any body or association after such body or association is declared as an unlawful body or association; or

(b)      Has participated in or associated with any activity or programme.

(i)       Aimed at subversion of the Constitution of India;

(ii)      Aimed at organised breach or defiance of law, involving violence;

(iii)     Which is prejudicial to the interests of the sovereignty and intergrity of India or the security of the State;

(iv)    Which promotes on grounds of religion, race, language, caste or community feelings of enmity or hatred between different sections of the people;

(c)      Is dismissed from service under the Government of India or under any State Government or any Corporation;

(d)      Is or has been permanently debarred or disqualified by the Union or any State Public Service Commission from appearing for any examinations or selections conducted by it.

(6)     No person who is or has been convicted of an offence involving moral turpitude or who is or has been temporarily debarred or disqualified by the Union or any State Public Service Commission from appearing for examinations or selections conducted by it shall ordinarily be appointed to Corporation Service unless Government after review of all the circumstances consider him suitable for such appointment.

Rule - 13. Age limit for Appointment.

[4](1) Every candidate for appointment by direct recruitment must have attained the age of 18 years and not attained the age of.

(a)      35 years in the case of a person belonging to any of the Scheduled Castes or Scheduled Tribes or Backward Tribes;

(b)      33 years in the case of a person belonging to any of the Backward Caste or Backward Communities; and

(c)      30 years in the case of any other person on the last date fixed for the receipt of applications or on such other date as may be specified by the appointing authority:

Provided that in the case of the recruitment of the following repatriates through the Commission the upper age limit shall be relaxed by three years and it shall be further relaxed by five years, in the case of persons belonging to Scheduled Castes and Scheduled Tribes among them, namely.

(a)      a person of Indian origin who migrated to India from East Pakistan (Now Bangladesh) on or after 1st January, 1954, but before 26th March, 1971;

(b)      a person of Indian origin who migrated from Burma on or after 1st June, 1963;

(c)      a person of Indian origin who migrated from Ceylon (Now Srilanka) on or after 1st November, 1964;

(d)      a person of Indian origin who has migrated from East African Countries of Kenya, Uganda and the United Republic of Tanzania; and

(e)      a person of Indian origin who has migrated from Vietnam.

(2)   Notwithstanding anything contained in sub-rule (1).

(i)       the maximum age limit for appointment shall be deemed to be enhanced in the following cases to the extent mentioned below, namely.

(a)      in the case of a candidate who is or was holding a post under the Government or a local authority or a Corporation owned or controlled by the Government, by the number of years during which he is or was holding such post or five years, whichever is less;

(b)      in the case of a candidate who is an ex-serviceman, by three years plus the number of years of service rendered by him in the Armed Forces of the Union;

(c)      in the case of a candidate who has been released from the National Cadet Corps after service as whole time Cadet Instructor by the number of years of service rendered as such Cadet Instructor;

(d)      in the case of a candidate who is or was a Village Group Instructor appointed in a Rural Industrialisation Scheme sponsored by the State Government, by the number of years of service rendered as such Village Group Instructor;

(e)      in the case of a candidate who is physically handicapped by ten years;

(f)       in the case of a candidate who is or was a member of the staff of former Maharaja of Mysore, by the number of years of service he is or was such a member;

(g)      in the case of a candidate who is or was holding a post under the Census Organisation of the Government of India in this State, by the number of years during which he is or was holding such post or by five years, whichever is less;

(h)     in the case of a candidate who is a widow, by ten years;

(i)       in the case of a candidate who is a bonded labourer by ten years;

(j)       in the case of a candidate who is or was working as a local candidate or a stipendiary graduate, the number of years during which he is or was working as such local candidate or stipendiary graduate or five years, whichever is less:

Explanation. For the purpose of clause (e) "Physically Handicapped" shall have the same meaning as in Rule 6 of the Karnataka Civil Services (General Recruitment) Rules, 1977.

(ii)      the maximum age limit in the case of a candidate for recruitment to the posts of trained Secondary School Assistants/Secondary School Language Assistants, shall be.

(a)      45 years if a candidate belonging to a Scheduled Caste or Scheduled Tribe or Backward Tribe;

(b)      43 years if a candidate belonging to a Backward Community or Backward Caste; and

(c)      40 years in respect of others.]

Rule - 14. Provisions for reservation of appointments or Posts.

Subject to provision of sub-rule (3) of Rule 17 appointments or posts shall be reserved for the members of Scheduled Castes or Scheduled Tribes and socially and educationally Backward Class citizens as specified in Section 89 of the Act.

Rule - 15. Provision for Ex-Servicemen.

(1)     Notwithstanding anything contained in these rules in respect of any category of post of which direct recruitment is prescribed one of the method of recruitment the percentage or number of vacancies set apart for that method shall be reduced by ten per cent as such number is equal to ten per cent of the vacancies and the percentage or number so reduced shall be filled by direct recruitment from among ex-servicemen and members of the families of persons who while serving in the Armed Forces of the Union were either killed or permanently disabled.

Explanation. For the purpose of this sub-rule, "member of the family" means the wife or husband, as the case may be and children and step-children wholly dependent on the person who served the Armed Forces of the Union.

(2)     If sufficient number of suitable persons belonging to the categories mentioned in sub-rule (1) are not available for filling up the vacancies set apart for them such vacancies shall be filled by direct recruitment.

(3)     Orders relating to reservation of vacancies for Scheduled Castes and Scheduled Tribes and socially and educationally backward classes of citizens specified in Section 89 of the Act shall not be applicable to recruitment from among persons belonging to categories mentioned in sub-rule (1).

Rule - 16. Conditions relating to suitability and certificates of Character.

No person shall be appointed to any category of post unless the Appointing Authority is satisfied that he is of good character and he is in all respects suitable for appointment to Corporation Service. Every candidate selected for direct recruitment shall furnish to the Appointing Authority certificates given not more than six months prior to the date of his selection by two respectable persons unconnected with this college or university and not related to him testifying to his character in addition to the certificates or certificates which may be required to be furnished from the educational institution last attended by the candidate. If any doubt arises regarding the suitability of a candidate for appointment in Corporation Service the decision of the Government shall be final.

Rule - 17. Conditions relating to physical fitness.

No candidate selected for appointment in accordance with provisions of clause (1) or Rule 11 shall be appointed to any post unless he satisfies the Appointing Authority that he is physically fit to discharge the duties that he may be called upon to perform. He may also be required to appear for the said purpose before the such medical authority as the Appointing Authority may direct and the opinion of the medical authority regarding the fitness of the candidates shall be binding on the candidate.

Rule - 18. Fees.

Every candidate for direct recruitment to any category of posts may be required to pay such fees if any as may be specified in the notification.

(i)       By the Commission or other Authority making direct recruitment with the consent of the Government in respect of his application and examination; and

(ii)      In respect of his medical examination.

Rule - 19. Method of Recruitment and qualification for certain temporary posts.

In case of any temporary post not included in any cadre in these rules the method of recruitment and qualification for recruitment shall be the same as are applicable to the corresponding permanent post included in the such cadre or in respect of which the said rules of recruitment are applicable.

Rule - 20. Provision for appointment of retired persons and for appointment by contract.

Notwithstanding anything contained in rules the Corporation may with prior approval of the Government if it considers necessary for reasons to be recorded in writing that it is in the public interest so to do.

(a)      Appointment to any category of post any person who has retired from service of the Government on such terms and conditions and for such period as may be necessary and after consultation of the Commission when such consultation is necessary;

(b)      Appoint to any category of post who in its opinion is able to discharge duties of such post on such terms and conditions as may be determined by agreement for a period not exceeding one year at a time, provided that the total period of appointment of any person or the total period of appointment in any post under this clause shall not exceed five years.

Rule - 21. Relaxation of rules relating to appointment and qualification.

Notwithstanding anything contained in these rules the Appointing Authority may for reasons to be recorded in writing.

(a)      Appoint to a post.

(i)       An officer of the Defence Service, an All India Service or a Civil Service of a Union or the Civil Services of the State or any other State;

(ii)      An officer holding a post of an equivalent grade by transfer or by deputation from any of Civil Service of the State;

(iii)     An officer who by bodily infirmity is permanently incapacitated for the post which he holds:

Provided that appointment under this clause shall not be.

(i)       To a post lower than that held by such officer save with his consent;

(ii)      To a post higher than the post held by such officer except when the Appointing Authority is of one opinion that there is no other equivalent post which such officer can be appointed;

(b)      Relax by notification for such period as may be prescribed therein the qualification prescribed for the purpose of direct recruitment to any post under these rules if candidates possessing the prescribed qualifications are not available:

Provided that in the case of a post for which the recruitment is to be made in consultation with the Commission such relaxation shall not be made except after consulting the Commission.

Rule - 22. Appointment by Direct Recruitment or by Promotion in certain cases.

Notwithstanding anything contained in these rules the Appointing Authority may.

(a)      Fill by direct recruitment vacancy reserved to be filled by promotion when it is satisfied that all persons eligible to be considered for promotion is not fit to be promoted; or

(b)      Fill by promotion a vacancy filled by direct recruitment when such vacancy is not likely to last for more than one year; or

(c)      Fill by promotion temporarily on the basis of seniority-cum-merit the vacancy required to be filled by direct recruitment where selection to the post has not been finally made and there is likelihood of delay in making direct recruitment. No such promotion shall be made unless a requisition has been sent to the appropriate Appointing Authority for selection of a suitable candidate. A candidate temporarily promoted under this rule shall not have any preferential claim for a regular promotion and shall not count the period of service in the promoted post for seniority. He shall revert to his original post on the expiry of one year or on the appointment of a direct recruit whichever is earlier.

Rule - 23. Joining Time for Appointment.

(1)     A candidate appointed by direct recruitment shall assume charge of the post specified by the Appointing Authority as soon as possible after the date of the order of the appointment but not later than forty-five days from that date.

Explanation. For the purpose of this sub-rule "the date of order of appointment" means the date of despatch of the order of appointment by registered post to the address given by the candidate.

(2)     Notwithstanding anything contained in sub-rule (1) the Appointing Authority may on the application of the candidate and if satisfied that there are good and sufficient reasons for doing so, by order in writing grant such further time as it may deem necessary.

(3)     The name of the candidate who fails to assume charge of the post within the time specified in sub-rule (1) or within the further time granted under sub-rule (2) shall stand deleted from the list of the selected candidates and the candidates concerned shall cease to be eligible for appointment.

Rule - 24. Probation and Appointment by Promotion.

(1)     All appointments by direct recruitment to any category of posts under these rules shall be on probation for such period not being less than two years;

(a)      All appointments by promotion shall be on an officiating basis for a period of one year which may for reasons to be recorded in writing be extended by the Appointing Authority for a period not exceeding one year. At the end of period of officiation or extended period of officiation, as the case may be, the appointing authority shall consider the suitability of the persons so promoted to hold the post to which he was promoted. If the Appointing Authority considers that the work of the persons so promoted during the period of officiation or extended period of officiation is satisfactory, it shall as soon as possible issue an order declaring the person to have satisfactorily completed the period of officiation, such an order shall have the effect to the date of the expiry of the officiation or the extended period of officiation as the case may be;

(b)      If at the end of period of officiation or the extended period of officiation as the case may be, the Appointing Authority considers that the person is not suitable for the post to which he is promoted it shall by order revert the person to the post which he held prior to his promotion. Such person shall not be considered to have satisfactorily completed the period of officiation unless a. specific order to that effect is passed and any delay in issue of the said order shall not entitle any person to be deemed to have satisfactorily completed the period of officiation;

(c)      A person who has been declared to have satisfactorily completed his officiation shall be confirmed as full member of his service in the class or the category for which he was promoted at the earliest opportunity in any substantive vacancy which may exist or arise in the permanent cadre of such class or category:

Provided that where the appointment is made by promotion to a temporary post the person concerned shall be continued on an officiating basis in the temporary post.

Rule - 25. Misconduct.

A candidate found guilty of impersonation or of submitting fabricated documents or documents which have been tampered with or of making statements which are incorrect or false or of suppressing material information or of using or attempting to use unfair means in any examination conducted for purposes of recruitment or otherwise resorting to any other irregular or improper means in connection with his recruitment may in addition to himself liable to criminal prosecution and to disciplinary action be debarred either permanently or for a specified period.

(i)       By the Commission or the Appointing Authority for admission to any examination or appearing for any interview for selection of candidates; and

(ii)      By the Corporation from employment under the Corporation.

Rule - 26. Appointment of officers of the Corporation.

In each of the Corporation the posts mentioned in column (2) of the Table below shall be filled by Government by appointment of Officers of the cadre specified in the corresponding entries in column (3) thereof and the number of such posts in each Corporation shall be as specified in the corresponding entries in column (4) thereof.

 

TABLE

Sl. No.

Posts

Method of appointment of Officers

No. of Posts

1

2

3

4

 

BANGALORE CITY CORPORATION (A) Administration

 

1.

Commissioner

As per Section 14 of the K.M.C. Act, 1976.

1

2.

Deputy Commissioners.

By deputation of an Officer from the I.A.S. Cadre

1

 

 

By deputation of an Officer (Senior scale) from the K.A.S. Cadre in the Cadre of K.A.S. (Senior Scale)

1

 

[5][Deputy Commissioner

By promotion from the cadre of Revenue Officers of Bangalore City Corporation]

1

3.

Council Secretary

By deputation from the K.A.S. (Class I Junior Scale Officer)

1

4.

Assistant Commissioners

By deputation of a K.M.A.S. Officer of rank of Municipal Commissioner Gr. II or by promotion from immediate lower cadre

1

5.

Public Relation Officers

By deputation of a K.M.A.S. Officer (Municipal Commissioner Gr. II)

1

6.

Welfare Officers

By deputation from Department of Labour of an Officer of the status of an Assistant Commissioner

1

7.

Chief Auditor

By deputation of an Officer from the State Accounts Department of the rank of Deputy Controller

1

8.

Chief Accounts Officer

By deputation of an Officer from the State Accounts Department of the rank of a [6][Joint Controller.]

1

[7][8-A.

Recording Officer

By promotion from the cadre of Reporters having [8][certificate either in Kannada or English Stenography] (Senior)]

 

[9][8-B.

Kannada Translator (Rs. 2050-3900)

By promotion from the cadre of Section Manager and Reporters on the basis of combined seniority. Seniority being determined on the basis of the length of service. Seniority inter se being maintained or by direct recruitment.

 

 

 

For promotion.

Must be holder of a Master's degree in Kannada and must have put in a service of not less than three years in the cadre of Section Manager or Reporter.

 

 

 

For Direct Recruitment.

Must be holder of Master's Degree in Kannada with Second Class and preference be given to the holder of Degree in Law or Diploma in Kannada Translation.]

 

 

 

(B) Revenue

 

9.

Revenue Officers

[10][By Promotion from the cadre of Deputy Revenue Officers]

1

[11][10.

Deputy Revenue Officer

By promotion from the cadre of Kannada Translator and Recording Officers on the basis of combined seniority and Assistant Revenue Officer including Manager, in the ratio of 1:10]

7

[12][11.

Assistant Revenue Officers

By promotion from the Cadre of Assessers, Section Managers and Reporters in the ratio of 5:5:1. Every first, third, fifth, seventh and ninth vacancy shall be filled by promotion of Assessers, every second, fourth, sixth eighth and tenth vacancy shall be filled by promotion of Section Manager and every eleventh vacancy shall be filled by promotion of Reporters.]

12

 

 

(C) Health

 

12.

Health Officers

By deputation from the Directorate of Health and Family Welfare Services of the status of Deputy Director

1

13.

Additional Health Officer

By promotion of the Deputy Health Officer in the grade of Deputy Director

1

14.

Deputy Health Officers

[13][By deputation of an officer from the cadre of Health Officer, Class-I of the Department of Health and Family Welfare of the Government of Karnataka, holding (i) a degree in medicine and (ii) a degree in Public Health or a Diploma in Public Health

3

 

 

OR

 

 

 

By promotion from the cadre of Medical Officers of Health of the Department of Bangalore City Corporation possessing (i) a degree in medicine and (ii) a degree in Public Health or a Diploma in Public Health

 

 

 

OR

 

 

 

In case of employees who were recruited prior to the commencement of these rules and do not possess the minimum qualification prescribed for promotion to the next higher post, but have completed ten years of service in the post on the date of their promotion, shall be eligible for promotion to the next higher post on the basis of seniority-cum-merit]

 

[14][15.

Surgeons/Superintendent of Hospitals

By promotion from the cadre of Assistant Surgeons of Bangalore City Corporation possessing (1) a degree in medicine and (ii) a post graduate degree or diploma in any clinical subject;

3

 

 

OR

 

 

 

by deputation of a Surgeon from Department of Health and Family Welfare Services possessing (i) a degree in medicine and (ii) a post graduate degree or diploma in any clinical subjects]

 

[15][16.

Medical Officers of Health

By promotion of an Assistant Surgeon of the Bangalore City Corporation who has put in a service of not less than five years as an Assistant Surgeon in the Bangalore City Corporation and who possesses a degree in Medicine and post graduate qualification in Public Health]

45

[16][16-A.

Assistant Surgeons

Fifty per cent by deputation of officers from the cadre of Assistant Surgeons in the Department of Health and Family Welfare Services of the Government of Karnataka.

and Fifty per cent by direct recruitment of persons who possess the degree of Medicine]

1

[17][17.

Chemist (Public Analyst)"

By promotion from the cadre of Assistant Analyst (Assistant Chemist) of the Bangalore City Corporation who possess the qualification prescribed for the post of Public Analyst specified in the Prevention of Food Adulteration Act, 1954 (Central Act XXXVII of 1954.)]

1

 

 

(D) Engineering

 

[18][18.

Chief Engineer

By promotion from the cadre of Superintending Engineer and if no suitable candidate is available for promotion, by deputation of an Officer of the rank of Chief Engineer from the Karnataka Public Works Department, Engineering Services. Qualification for Promotion.

Must possess a degree in Civil or Mechanical Engineering or a Certificate or Diploma from the Institute of Engineers that he has passed Parts A and B of the Associate Membership Examination of Institute of Engineers and must have put in service of not less than two years in the cadre of Superintending Engineer.]

1

19.

Superintending Engineer (including Traffic Engineering Cell).

By promotion from the cadre of Executive Engineer and if no suitable candidate is available for promotion by deputation of an officer of the rank of Superintending Engineer from the Karnataka Public Works Department Engineering Service. Qualification for Promotion.

Must possess a degree in Civil or Mechanical Engineering or Traffic, Transportation or Planning Engineering an equivalent qualification and must have put in a service of not less than three years in the cadre of Executive Engineer.]

1

20.

Executive Engineers

By promotion from the cadre of Assistant Engineers

3

[19][21.

Assistant Engineers

Seventy-five per cent by deputation from the Public Works Department Twenty-five per cent by Direct Recruitment OR by transfer of Junior Engineer 1. For Direct Recruitment.

Must be holder of a Degree in Civil Engineering or Mechanical Engineering depending upon the requirements, as the case may be or must be holder of a Diploma Certificate granted by a recognised Institute of Engineers that he has passed Parts A and B of the Associate Membership Examination of the Institute of Engineers or possess equivalent qualification.

 

 

 

For Transfer.

Must possess a degree in Civil Engineering or Mechanical Engineering or must be holder of a Diploma Certificate granted by a recognised Institute of Engineers that he has passed Parts A and B of the Associate Membership Examination of Institute of Engineers (India) in Civil or Mechanical Engineering.

 

 

 

Note 1: An irrecoverable option of the Junior Engineer shall be obtained before transfer within the time stipulated by the Corporation.

 

 

 

Note 2: The transfer shall be effective from the date of graduation subject to the availability of vacancies without ignoring the inter se among those eligible for such transfer.

 

 

 

 

Note 3: A Junior Engineer who is appointed as Assistant Engineer on or after the twenty-fifth day of November, 1986 shall be entitled to count one-third of the service rendered by him as Junior Engineer.

 

 

 

Prior to appointment as Assistant Engineer, subject to maximum of four years, as if he had been in the post of Assistant Engineer for the purpose of consideration for promotion to the post of Assistant Executive Engineer, Division I and subject to the following conditions, namely.

 

 

 

 

(i) The seniority of the Junior Engineer who is appointed as Assistant Engineer shall be fixed in the category of Assistant Engineers with reference to the notational date arrived at after giving weightage of service as aforesaid.

 

 

 

(ii) A Junior Engineer who is appointed as Assistant Engineers shall put in a minimum service of two years on duty as Assistant Engineer after such appointment and a total service of five years as Assistant Engineer, inclusive of the service given as weightage to become eligible for promotion as Assistant Executive Engineer, Division I.]

24

 

 

(E) Planning

 

22.

Deputy Director of Town Planning

By deputation from the Department of Town Planning

1

23.

Assistant Directors of Town Planning

By deputation from the Department of Town Planning

1

24.

Assistant Director of Horticulture

By deputation from the Department of Horticulture

1

25.

Statisticians

By deputation from the Bureau of Economics and Statistics/Direct Recruitment

1

 

 

HUBLI-DHARWAD MUNICIPAL CORPORATION, HUBLI (A) Administration

 

1.

Commissioner

As per Section 14 of the K.M.C. Act, 1976

1

2.

Deputy Commissioner

By deputation of a K.M.A.S. Officer (Municipal Commissioner Grade-I).

1

3.

Council Secretary

By deputation from the K.A.S. (Class I Junior Scale Officer).

1

4.

Assistant Commissioner

By deputation of a K.M.A.S. Officer of rank of Municipal Commissioner Grade-II or by promotion from immediate lower cadre.

1

5.

Public Relation Officer

By deputation of K.M.A.S. Officer (Municipal Commissioner, Grade II)

1

6.

Welfare Officers

By deputation from Department of Labour of an Officer of the status of an Assistant Commissioner

1

7.

Chief Auditor

By deputation of an Officer from the State Accounts Department of the rank of a Deputy Controller

1

8.

Chief Accounts Officer

By deputation of an Officer from the State Accounts Department of the rank of a Deputy Controller

1

 

 

(B) Revenue

 

9.

Revenue Officer

By deputation from the State Civil Service

1

10.

Octroi

Superintendent and Deputy-Revenue Officer

From the K.M.A.S. cadre or by promotion of an Assistant Revenue Officer and Assistant Octroi Superintendent.

2

 

 

(C) Health

 

11.

Health Officer

By deputation from the Directorate of Health and Family Welfare Services of the status of an Assistant Director.

1

12.

Additional Health Officer

By promotion of the Deputy Health Officer in the cadre of Deputy Director

1

13.

Deputy Health Officer

By deputation of an Officer from the Directorate of Health and Family Welfare Services from the cadre of Surgeon or promotion

1

14.

Surgeons

By deputation from the Directorate of Health and Family Welfare Services or by promotion

3

15.

Assistant Surgeons/Health Officers/Medical Officers

50 per cent by deputation and 50 per cent by direct recruitment.

20

16.

Chemists

By deputation of an Officer from the Directorate of Health and Family Welfare Officers

1

 

 

(D) Engineering

 

17.

Superintending Engineer

Deputation from the Public Works Department

1

18.

Executive Engineers

By promotion from the cadre of Assistant Engineers

2

19.

Assistant Engineers

25 per cent by deputation from the Public Works Department/75 per cent by promotion of Junior Engineers Division I and II in the ratio of 2:1

10

 

 

(E) Planning

 

20.

Deputy Director of Town Planning

By deputation from the Department of Town Planning

1

21.

Assistant Director of Town Planning

By deputation from the Department of Town Planning

1

22.

Assistant Director of Horticulture

By deputation from the Department of Horticulture

1

23.

Statisticians

By deputation from the Bureau of Economics and Statistics

1

 

 

BELGAUM CITY CORPORATION

 

 

(A) Administration

 

1.

Commissioner

As per Section 14 of the K.M.C. Act, 1976

1

2.

Deputy Commissioner

By deputation of a K.M.A.S. Officer (Municipal Commissioner Grade I)

1

3.

Council Secretary

By deputation from the K.A.S. (Class I Junior Scale Officer)

1

4.

Assistant Commissioner

By deputation of a K.M.A.S. Officer of rank of Municipal Commissioner Grade II or by promotion from immediate lower cadre

1

5.

Public Relation Officer

By deputation of K.M.A.S. Officer (Municipal Commissioner Grade II)

1

6.

Welfare Officer

By deputation from the Department of Labour of an Officer of the status of an Assistant Commissioner

1

7.

Chief Auditor

By deputation of an Officer from the State Accounts Department of the rank of an Assistant Controller

1

8.

Chief Accounts Officer

By deputation from the State Accounts Department of an Officer of the rank of an Assistant Controller

1

 

 

(B) Revenue

 

9.

Revenue Officer

By deputation from the State Civil Service

1

10.

Octroi Superintendent and Deputy Revenue Officers

From the K.M.A.S. Cadre

1

 

 

(C) Health

 

11.

Health Officers

By deputation from the Directorate of Health and Family Welfare Services of the status of an Assistant Director

1

12.

Assistant Surgeons/Health Officers/Medical Officers

50 per cent by deputation and 50 per cent by direct recruitment

2

13.

Chemists

By deputation of an Officer from the Directorate of Health and Family Welfare Services

1

14.

Superintending Engineer

(D) Engineering

Deputation from the Public Works Department

1

15.

Executive Engineer

By deputation from the Public Works Department/by promotion from the cadre of Assistant Engineers

1

16.

Assistant Engineers

25 per cent by deputation from the Public Works Department 75% per cent by promotion of Junior Engineers Division I and II in the ratio of 2:1

4

 

 

(E) Planning

 

17.

Assistant Director of Horticulture

By deputation from the Department of Horticulture

1

18.

Statisticians

By deputation from the Bureau of Economics and Statistics

1

 

 

MYSORE CITY CORPORATION

 

 

 

(A) Administration

 

1.

Commissioner

As per Section 14 of the K.M.C. Act, 1976

1

2.

Deputy Commissioner

By deputation of a K.M.A.S Officer (Municipal Commissioner Grade I)

1

3.

Council Secretary

By deputation from the K.A.S. (Class I Junior Scale Officer)

1

4.

Assistant Commissioner

By deputation of a K.M.A.S. Officer of rank of Municipal Commissioner, Gr. II or by promotion from immediate lower cadre

1

5.

Public Relation Officer

By deputation of K.M.A.S. Officer (Municipal Commissioner, Grade H)

1

6.

Welfare Officer

By deputation from the Department of Labour of an Officer of the status of an Assistant Commissioner

1

7.

Chief Auditor

By deputation of an Officer from the State Accounts Department of the rank of an Assistant Controller

1

8.

Chief Accounts Officer

By deputation from the State Accounts Department of an Officer of the rank of an Assistant Controller

1

 

 

(B) Revenue

 

9.

Revenue Officer

By deputation from the State Civil Service

1

10.

Octroi Superintendent & Deputy Revenue Officer

From the K.M.A.S. cadre

1

 

 

(C) Health

 

11.

Health Officers

By deputation from the Directorate of Health and Family Welfare Services of the status of an Assistant Director

1

12.

Assistant Surgeons/Health Officers/Medical Officers

By deputation

1

13.

Chemists

By deputation of an Officer from the Directorate of Health and Family Welfare Services

1

 

 

(D) Engineering

 

14.

Superintending Engineer

Deputation from the Public Works Department

1

15.

Executive Engineer

By deputation from the Public Works Department/by promotion from the cadre of Assistant Engineers

1

16.

Assistant Engineers

25% by deputation from the Public Works Department, 75% by promotion of Junior Engineers Divisions I and II in the ratio of 2:1

3

 

 

(E) Planning

 

17.

Assistant Directors of Horticulture

By deputation from the Department of Horticulture

1

18.

Statisticians

By deputation from the Bureau of Economics & Statistics

1

CHAPTER VIII MISCELLANEOUS

Rule - 27. Matters unconnected with Municipal Administration.

No resolution shall be moved, no motion shall be made and no discussion shall be held in respect of any matter unconnected with the Municipal Administration except with the prior approval of the Mayor.

Rule - 28. Authorities for purpose of sub-section (3) of Section 432.

Administrator appointed by Government under Section 99 or Section 100, as the case may be, shall be the authorities for the purposes of sub-section (3) of Section 432.

Rule - 29. Publication of order, notice or other documents.

Every order and every document directed to be published in the Act or rule or bye-law or regulation shall be published in the following manner, namely.

(1)     By publication in a newspaper having a circulation of not less than 10,000 copies per day.

(2)     By affixture on the notice board of the Corporations.

Rule - 30. Legal Cell.

The number of posts of officers borne on the Legal Cell of each Corporation shall be specified in column (2) of table below and shall possess the qualifications mentioned in column (3) thereof.

 

TABLE

Officers

Number of Posts

 

Qualifications

1

2

 

3

1.

Head of the Legal Cell; Tenure post not exceeding 3 years

 

Retired District and Session Judge or

 

(1) Corporation of the City of Bangalore

1

Practising Advocate having 10 years experience

 

(2) Corporation of the City of Hubli-Dharwad

1

 

2.

Legal Assistants, Tenure post not exceeding 3 years

 

Practising Advocate, having 5 years experience

 

(1) Corporation of the City of Bangalore

3

 

 

(2) Corporation of the City of Hubli-Dharwad

3

 

 

(3) Corporation of the City of Belgaum

3

 

 

(4) Corporation of the City of Mysore

3

 

[20][3.

Deputy Law Officer, Corporation of the Bangalore City

1

By Promotion from the cadre of Assistant Law Officer who has put in service of not less than three years in the cadre of Assistant Law Officer on Seniority-cum-merit basis.

4.

Assistant Law Officer, Corporation of the Bangalore City

2

By promotion from the cadre of Junior Law Officer who has put in a service of not less than five years in the cadre of Junior Law Officer on Seniority-cum-merit basis.

5.

Junior Law Officer, Corporation of the Bangalore City

10

By promotion by selection of person possessing degree in Law in any of the Group 'C cadres who have undergone training for a period of not less than three years in the cadre of Junior Law Officer. If no suitable persons are available for promotion, by direct recruitment of persons possessing degree in Law of any recognised University.

 

Note : The posting for training shall be on the basis of combined seniority, seniority being determined by treating a person holding post carrying higher scale of pay as senior to a person carrying lower scale of pay, seniority inter se being maintained.

Rule - 31. Corporation Security Force.

The Supervisory Officers and Members of the Corporation Security Force shall be as mentioned in the table below and they shall be filled by deputation of any officers of equivalent grade in the Karnataka State Police Service.

Karnataka State Police Services

 

I. SUB-INSPECTOR

 

 

1.

Corporation of the City of Bangalore

By Deputation from Karnataka State Police Service

1

2.

Corporation of the City of HDMC

By Deputation from Karnataka State Police Service

1

3.

Corporation of the City of Belgaum

By Deputation from Karnataka State Police Service

1

4.

Corporation of the City of Mysore

By Deputation from Karnataka State Police Service

1

 

 

II. HEAD CONSTABLES

 

 

1.

Corporation of the City of Bangalore

By Deputation from Karnataka State Police Service

1

2.

Corporation of the City of Hubli-Dharwad

By Deputation from Karnataka State Police Service

1

3.

Corporation of the City of Belgaum

By Deputation from Karnataka State Police Service

1

4.

Corporation of the City of Mysore

By Deputation from Karnataka State Police Service

1

 

 

III. CONSTABLES

 

 

1.

Corporation of the City of Bangalore

By Deputation from Karnataka State Police Service

4

2.

Corporation of the City of Hubli-Dharwad

By Deputation from Karnataka State Police Service

4

3.

Corporation of the City of Belgaum

By Deputation from Karnataka State Police Service

4

4.

Corporation of the City of Mysore

By Deputation from Karnataka State Police Service

4

 

 

IV. ARM GUARDS

 

 

1.

Corporation of the City of Bangalore

By Deputation from Karnataka State Police Service

2

2.

Corporation of the City of Hubli-Dharwad

By Deputation from Karnataka State Police Service

2

3.

Corporation of the City of Belgaum

By Deputation from Karnataka State Police Service

2

4.

Corporation of the City of Mysore

By Deputation from Karnataka State Police Service

2

 

FORM A

NOTICE DATED..........

Whereas, the Corporation of the City of Bangalore …....... …..................has decided vide Resolution Number ….............dated…...........to levy the taxes as specified in the Schedule below:

It is hereby notified for general information as required under Section 104 of the Karnataka Municipal Corporations Act, 1976 (Karnataka Act No. 14 of 1977) that any objections or suggestions which may be received from any person with respect to the aforesaid proposal will be considered by the Corporation on or after…....

Objections or suggestions may be addressed to the Commissioner, Corporation of the City of…...........

 

SCHEDULE

Here specify the details.



[1] Inserted by Notification No. HUD 12 LRB 79, dated 13-11-1980, w.e.f. 18-11-1980 (R. 92 of Karnataka Motor Vehicles (Election) Rules, 1979).

[2] Substituted by GSR 161, dated 12-6-1986, w.e.f. 13-6-1986.

[3] Substituted by GSR 161, dated 12-6-1986, w.e.f. 13-6-1986

[4] Substituted by GSR 27, dated 25-1-1985 with effective from into force w.e.f. 21-6-1979.

[5] Substituted by GSR 70, dated 10-3-1988 with effective from into force w.e.f. 31-7-1984.

[6] Substituted by GSR 244, dated 20-10-1982, w.e.f. 2-12-1982, for the followings:-

"Deputy Controller"

[7] Inserted by GSR 65, dated 5-4-1991, w.e.f. 8-4-1991.

[8] Substituted by Notification No. UDD 124 MNU 99, dated 26-5-2000, w.e.f. 28-6-2000, for the Followings:-

"certificate both in Kannada and English Stenography"

[9] Inserted by Notification No. UDD 125 MNU 92, dated 23-3-1999, w.e.f. 25-3-1999.

[10] Substituted by GSR 70, dated 10-3-1988 with effective from into force w.e.f. 31-7-1984.

[11] Substituted by Notification No. UDD 125 MNU 92, dated 23-3-1999, w.e.f. 25-3-1999.

[12] Substituted by Notification No. UDD 121 MNU 97, dated 8-9-2000, w.e.f. 14-9-2000.

[13] Substituted by GSR 129, dated 25-4-1987, w.e.f. 18-6-1987.

[14] Substituted by GSR 129, dated 25-4-1987, w.e.f. 18-6-1987.

[15] Substituted by GSR 129, dated 25-4-1987, w.e.f. 18-6-1987.

[16] Inserted by GSR 129, dated 25-4-1987, w.e.f. 18-6-1987.

[17] Substituted by GSR 157, dated 2-7-1988, w.e.f. 5-7-1988.

[18] Substituted by Notification No. HUD 192 MNU 95, dated 10-12-1998, w.e.f. 11-12-1998.

[19] Substituted by Notification No. UDD 26 MNU 98, dated 27-9-1999 with effective from into force w.e.f. 25-11-1986.

[20] Substituted for Serial No. 3 by GSR 24, dated 3-2-1997, w.e.f. 13-2-1997.