KARNATAKA MUNICIPALITIES (AMENDMENT) ACT, 1976

Preamble - KARNATAKA MUNICIPALITIES (AMENDMENT) ACT, 1976

THE KARNATAKA MUNICIPALITIES (AMENDMENT) ACT, 1976

[Act No. 83 of 1976]

[06th December, 1976]

PREAMBLE

An Act further to amend the Karnataka Municipalities Act, 1964.

Whereas it is expedient further to amend the Karnataka Municipalities Act, 1964 (Karnataka Act 22 of 1964).

Be it enacted by the Karnataka State Legislature in the Twenty-seventh Year of the Republic of India as follows:--

Section 1 - Short title and commencement

(1)     This Act may be called the Karnataka Municipalities (Amendment) Act 1976.

 

(2)     It shall come into force at once.

Section 2 - Amendment of section 11

In sub-section (4) of section 11 of the Karnataka Municipalities Act, 1964 (Karnataka Act 22 of 1964) (hereinafter referred to as the principal Act), for the words ' one' and ' two ', the words 'two' and ' three' shall respectively be substituted.

Section 3 - Amendment of section 12

To section 12 of the principal Act, the following proviso shall be inserted, namely :--

"Provided that elections shall be held for any such vacancy as soon as may be but not later than one year from the date of appointment."

Section 4 - Amendment of section 13

(1)     Section 13 of the principal Act shall be renumbered as sub-section (1) of that section and in the said renumbered sub-section the following proviso shall be inserted at the end :

"Provided that the territorial divisions formed shall comprise, as far as may be, of contiguous blocks ".;

(2)     After sub-section (1) as so renumbered, the following sub-sections shall be inserted, namely:--

"(2) ?Notwithstanding anything contained in sub-section (1) or any other provisions of this Act,--

(a)      if at any time it appears to the State Government that there is a substantial discrepancy between the electoral roll of a constituency as republished under sub-section (1) and the electoral roll for the time being in force for the election of members of the Karnataka Legislative Assembly relating to the area comprised in that constituency the State Government may, by order, direct that within such time as may be specified in the order the electoral roll so republished shall be corrected by the revising authority;

 

(b)      if the revising authority, on application made to him or on his own motion, is satisfied that the name of any person appears in the said electoral roll of the Karnataka Legislative Assembly but does not appear in the electoral roll so republished, he may correct the entries in the electoral roll so republished to make it in conformity with the electoral roll for the time being in force for the election of members of the Karnataka Legislative Assembly relating to the area comprised in that constituency:

Provided that no correction shall be made under clause (b) after the day previous to the last date for making nominations for an election in that constituency and before the completion of that election.

(3)     The electoral roll corrected under clause (a) of sub-section (2) shall be republished in such manner as the State Government may direct and the electoral roll so republished shall, for the purpose of this Act, be deemed to be an electoral roll republished under sub-section (1);

Section 5 - Amendment of section 16

In section 16 of the principal Act, for clause (b), the following clause shall be substituted, namely,--

" (b) if he is convicted of an offence under the provisions of the Untouchability Offences Act, 1955 (Central Act 22 of 1955) or the Prevention of Food Adulteration Act, 1954 (Central Act 37 of 1954); or "

Section 6 - Amendment of section 18

In section 18 of the principal Act,--

(i)       for sub-section (1), the following sub-section shall be substituted, namely:--

"(1) The term of office of a Councillor --

(a)      elected at a general election shall be four years;

 

(b)      appointed under section 12 shall be one year or till a Councillor is elected in the vacancy, whichever is earlier;";

 

(ii)      in sub-section (2), the words and figures " appointed under section 12 " shall be omitted.

Section 7 - Insertion of new section 18A

After section 18 of the principal Act, the following section shall be inserted, namely:--

" 18A. Allowances to Councillors.-- Every Councillor may receive out of the Municipal funds, such monthly allowance not exceeding rupees one hundred as the Government may, from time to time, fix and different rates may be fixed for different municipal councils ".

Section 8 - Amendment of section 19

In section 19 of the principal Act, in the proviso, for the word "four" the word " six " shall be substituted.

Section 9 - Substitution of new section for section 38

For section 38 of the principal Act, the following section shall be substituted, namely:--

"38. Control of elections.--

(1)     Every election of councillors shall be subject to the control and supervision of the Government and it shall be lawful for the Government to issue directions regarding all matters connected with the elections including directions for cancellation of the calendar of events of postponement of the poll.

 

(2)     Without prejudice to the generality of the foregoing Government may, by notification and after previous publication, make rules to provide for or to regulate all or any of the following matters for the purpose of holding elections of councillors under this Act, namely:--

 

(a)      the manner of the splitting up of electoral rolls for Legislative Assembly constituencies into parts for the purpose of constituting one or more of such parts into the list of voters for a division; and the officer or authority by whom such splitting up is to be carried out;

 

(b)      revision and correction of electoral rolls;

 

(c)      redistribution of territorial divisions;

?

(d)      the appointment of returning officers, assistant returning officers, presiding officers and polling officers for the conduct of elections;

 

(e)      the nomination of candidates, form of nomination papers, objections to nominations and scrutiny of nominations;

 

(f)       the deposits to be made by candidates, time and manner of making such deposits and the circumstances under which such deposits may be refunded to candidates or forfeited to the municipal council;

 

(g)      the withdrawal of candidatures;

 

(h)     the appointment of agents of candidates;

 

(i)       the procedure in contested and uncontested elections and the special procedure at elections in divisions where any seat is reserved for the Scheduled Castes and women;

 

(j)       the date, time and place for poll and other matters relating to the conduct of elections including?

 

(i)       the appointment of polling stations for each division;

 

(ii)      the hours during which the polling station shall be kept open for the casting of votes;

 

(iii)     the printing and issue of ballot papers;

 

(iv)    the checking of voters of reference to the electoral roll;

 

(v)      the marking with indelible ink on the left forefinger or any other finger or limb of the voter and prohibition of the delivery of any ballot paper to any person if at the time such person applies for such paper he has already such mark so as to prevent personation of voters;

 

(vi)    the manner in which votes are to be given and in particular' in the case of illiterate voters or of voters under physical or other disability;

 

(vii)   procedure to be followed in respect of challenged votes and tendered votes;

 

(viii)  the scrutiny of votes, counting of votes, the declaration and publication of the results and the procedure in case of equality of votes or in the event of a councillor being elected to represent more than one division;

 

(ix)    the custody and disposal of papers relating to elections;

 

(x)      the suspension of polls in case of any interruption by riot, violence or any other sufficient cause and the holding of a fresh poll;

 

(xi)    the holding of a fresh poll in the case of destruction of or tampering with ballot boxes before the count;

 

(xii)   the countermanding of the poll in the case of the death of a candidate before the poll;

 

(k)      the fee to be paid on an election petition;

 

(l)       any other matter relating to elections or election disputes in respect of which the Government deems it necessary to make rules under this section or in respect of which this Act makes no provision or makes insufficient provision and provision is, in the opinion of the Government necessary.

 

(3)     In making any rule under this section, the Government may provide that any contravention thereof shall be punishable with fine which may extend; to one hundred rupees."

Section 10 - Substitution of new section for section 40

For section 40 of the principal Act, the following section shall be substituted, namely :--

"40. Resignation.--

(1)     Subject to the provision of sub-sections (2) and (3), a Councillor may resign his membership and a Vice-President may resign his office as Vice-President by giving, notice in writing to that effect:

Provided that in the case of a Councillor or Vice-President of a Town Municipal Council, the notice of resignation shall be sent to the Deputy Commissioner and the resignation shall take effect on the expiry of the tenth day after receipt of the notice unless withdrawn in the meanwhile.

(2)     The President may resign his membership or his office as President by giving notice in writing to that effect?

 

(a)      to the Deputy Commissioner in the case of a Town Municipal Council; and

 

(b)      to the Commissioner in the case of a City Municipal Council.

 

(3)     The resignation under sub-section (2) shall take effect on the expiry of the tenth day after the receipt of the notice of resignation unless withdrawn in the meanwhile."

Section 11 - Amendment of section 41

In section 41 of principal Act, in sub-section (1),--

(i)       the words " after giving him an opportunity of being heard " shall be omitted;

 

(ii)      after sub-section (1), the following proviso shall be inserted, namely :--

" Provided that no Councillor shall be removed except after being afforded an, opportunity for submitting an explanation."

Section 12 - Amendment of section 42

In section 42 of the principal Act,--

(1)     in sub-section (3), after the words "shall be", the words " subject to the control and supervision of the Government and " shall be inserted;

 

(2)     to sub-section (4), the following proviso shall be added, namely:--

" Provided that the persons so appointed shall hold office for a period not exceeding six months before the expiry of which period fresh elections for the said offices are held."

(3)     in sub-section (5), after the words "the Tahsildar for the time being ", the words " or any other person not disqualified for being a Councillor " shall be inserted;

 

(4)     in sub-section (10)?

 

(a)      the words "after an opportunity is afforded for hearing him " shall be omitted;

 

(b)      for the words " his debts ", the words " dues he owes to the Municipal Council or has suffered an order for commitment to civil prison for non-payment of any decreetal debt " shall be substituted;

 

(c)      the following proviso shall be inserted, namely :--

"Provided that no such order shall be made except after the President or the Vice-President has been given an opportunity for submitting explanations ".

(d)      the Explanation shall be omitted;

 

(5)     in sub-section (11),--

 

(a)      in the proviso, for the words " one year " and "every year ", the words " two years " and " second year " shall respectively be substituted;

 

(b)      after the proviso, the following provisos shall De inserted, namely :--

" Provided further that the Government shall, if any Municipal Council at its first meeting after the general elections of councillors so resolves, direct that the term of the office of the President and Vice-President of that Municipal Council shall be limited to two years and that the elections to the said offices shall be held at the end of the second year:

Provided also that the period limited under the preceding proviso shall operate only during the term of the Municipal Council passing the resolution.";

(6)     in sub-section (12), for the words "any person" the words " any councillor " shall be substituted;

 

(7)     for sub-section (13), the following sub-sections shall be substituted, namely :--

" (13) The President and the Vice-President may receive out of the Municipal Fund such monthly allowances, not exceeding rupees two hundred, as the Government may, from time to time, fix and different rates may be fixed for different municipal councils.

(14) The Municipal Council shall place at the disposal of the President annually such sum not exceeding one thousand rupees as may be determined by it, by way of sumptuary allowance."

Section 13 - Amendment of section 43

In section 43, after sub-section (2), the following sub-sections shall be inserted namely :--

" (3) The President shall have the following additional powers, namely:--

(a)      to issue directions to the Commissioner or the Chief Officer to implement the resolutions of the Council or the Standing Committees;

 

(b)      to require the Administration Report and the Annual Report of the Council prepared and placed before the end of the year;

 

(c)      to issue directions to the concerned officers to comply with the points made out in the audit report;

 

(d)      to undertake inspection and supervision of the works taken up by the Council; and

 

(e)      to call for any record but the same to be returned within one month.

 

(4)     The President shall Ex-Officio be a member of all the standing committees but without the power of vote on any question.

 

(5)     The Commissioner or the Chief Officer shall, whenever they address communications to Government, simultaneously forward copies thereof to the President ".

Section 14 - Amendment of section 44

In section 44 of the principal Act,--

(1)     in clause (b) of sub-section (2), after the words " absence of a President", the words " for any period exceeding seven days " shall be inserted;

 

(2)     after sub-section (2), the following sub-section shall be inserted, namely:--

" (3) The Vice-President shall ex-officio be a member of all the Standing Committees but shall not be entitled to vote on any question."

Section 15 - Amendment of section 45

In section 45 of the principal Act,--

(i)       after sub-section (2), the following sub-section shall be inserted, namely :--

" (2A) Every councillor shall be furnished with copies of the proceedings of the meetings by the Commissioner or the Chief Officer along with the notice-of the next meeting.";

(ii)      in sub-section (4), the following shall be added at the end, namely :--

" The President may also call for any record of the Municipal Council from the Commissioner, the Chief Officer or any other officer, but any record so made available shall he returned within one month ";

Section 16 - Amendment of section 61

In sub-section (2) of section 61 of the principal Act, after the words "Animal Husbandry", the words " or the Executive Engineer Karnataka Electricity Board or the Executive Engineer Public Health Engineering or the Deputy Assistant Director Town Planning" shall be inserted.

Section 17 - Amendment of section 63

In section 63 of the principal Act,--

(1)     in sub-section (1),--

 

(a)      for the words " twelve " and " six ", the words " eleven " and " five " shall respectively be substituted,

 

(b)      the following proviso shall be added, namely :--

" Provided that--

(i)       a Municipal Council may, if it considers necessary, have three standing committees in which case the said standing committees shall be the standing committees for Finance, Health and Works;

 

(ii)      the President and Vice-President shall not be eligible for election as members of a Standing Committee.: "

 

(2)     Sub-section (3) shall be omitted.

Section 18 - Omission of section 64

Section 64 of the principal Act shall be omitted.

Section 19 - Substitution of new section for section 66

For section 66 of the principal Act, the following section shall be substituted namely :--

"66. Chairman of Standing Committee.-- The Chairman of the Standing Committee shall be elected by the members thereof by the system of single transferable vote."

Section 20 - Amendment of section 67

In sub-section (1) of section 67 of the principal Act, for the word " fifteen ", the word " seven " shall be substituted.

Section 21 - Amendment of section 72

In section 72 of the principal Act,--

(1)     in sub-section (2), for the words "two thousand rupees", the words " five thousand rupees" shall be substituted;

 

(2)     in sub-section (5) for the words " five hundred rupees", the words " five thousand rupees " shall be substituted.

Section 22 - Amendment of section 82

In section 82 of the principal Act, in sub-section (3), after the word "Assistant Commissioner ", the words " or any other officer of equal rank specified by the Government" shall be inserted.

Section 23 - Amendment of section 87

In section 87 of the principal Act,--

(i)       in clause (i), after the word " markets", the brackets and words " (including separate and suitable place for vending vegetables) " shall be inserted;

 

(ii)      for clause (o), the following clause shall be substituted, namely:--

"(o) maintaining schools for pre-primary education;";

(iii)     in the explanation to clause (r), for the words " putrid or putrifying ", the word " decomposed " shall be substituted;

 

(iv)    in clause (t), the word "and" occurring at the end shall be omitted;

 

(v)      after clause (u), the following clauses shall be inserted namely:--

" (v) maintenance of up-to-date record of all buildings and sites within the municipality; and

(w) ??planting and maintaining of road-side trees."

Section 24 - Amendment of section 91

In section 91 of the principal Act.--

(i)       for clause (c), the following clause shall be substituted, namely:--

" (c) providing shelter for destitute women;";

(ii)      clause (f) shall be omitted.

Section 25 - Amendment of section 94

In section 94 of the principal Act,--

(1)     in sub-section (1), clause (x) shall be omitted;

 

(2)     in sub-section (2), in clause (b), for the words twelve and a half " and " seventeen and a half ", the words " fifteen " and " twenty" shall respectively be substituted.

Section 26 - Amendment of section 95

In clause (b) of section 95 of the principal Act, for the words " official Gazette and in such other manner as may be prescribed", the words " prescribed manner " shall be substituted.

Section 27 - Amendment of section 97

In sub-section (1) of section 97 of the principal Act, for the words " official Gazette", the words " prescribed manner" shall be substituted.

Section 28 - Amendment of section 98

In section 98 of the principal Act, after sub-section (2), the following sub-section shall be inserted, namely:--

" (3) Suspension, modification or abolition of a tax made by the Municipal Council under sub-section (1) shall not take effect unless approved by the Government."

Section 29 - Insertion of new section 110A

After section 110 of the principal Act, the following section shall be inserted namely:--

" 110A. Property tax certificate.-- There shall be issued to the person entitled to a building a certificate in such form on payment of such fee and containing such particulars as may be prescribed."

Section 30 - Omission of sections 116 to 122

Section 116 to the principal Act shall be omitted.

122 (both inclusive) and the heading before section 116 of

Section 31 - Amendment of section 141

In section 141 of the principal Act, after the words " Whenever it appears to the Government", the words " that additional funds are necessary to enable the Municipal Council to discharge its obligatory functions or " shall be inserted.

Section 32 - Amendment of section 150

In section 150 of the principal Act, in clause (c) of sub-section (1), for the words " claimed from", the words " admitted by" shall be substituted.

Section 33 - Amendment of section 173

In section 173 of the principal Act, in sub-section (2),--

(i)       for the word " eleven ", the word " seven " shall be substituted;

 

(ii)      clause (b) shall be omitted;

 

(iii)     for clause (d), the following clause shall be substituted, namely:--

" (d) the Executive Engineer concerned and the Nominee of the Director of Town Planning specified by the Government";

(iv)    in clauses (e) and (f), for the word "three" the word " two " shall be substituted.

Section 34 - Amendment of section 316

In sub-section (1) of section 316 of the principal Act,--

(i)       after the words "under the provisions of this Act or any other law", the words "or is functioning in a manner prejudicial to the municipality " shall be inserted;

 

(ii)      after the word " period ", the words " not exceeding one year " shall be inserted.

(iii)     after the proviso, the following proviso shall be inserted, namely :--

" Provided further that for reasons to be recorded in writing the Government may extend the period of supersession by a further period not exceeding six months:

Provided also that the Government may continue the supersession for any period beyond one year and six months if, in its opinion for reasons beyond its control which shall be recorded in writing, it is necessary so to do."

Section 35 - Amendment of section 322

In section 322 of the principal Act,--

(i)       in sub-section (1), after the word " proceedings", the words " including orders of assessment and revision of assessment" shall be inserted :

 

(ii)      sub-section (2) shall be renumbered as sub-section (3), and before the said renumbered sub-section, the following sub-section shall be inserted, namely:--

"(2) Notwithstanding anything in sub-section (1) the Government may call for and examine the records of any proceedings of the municipal council including proceedings as appellate authority and if satisfied that any order in such proceedings is contrary to law or is prejudicial to the interests of the municipality, pass such orders as it deems just.";

(iii)     in the renumbered sub-section (3), for the expression "sub-section (1)," the expression " sub-sections (1) and (2) " shall be substituted.

Section 36 - Insertion of new section 355A

After section 355 of the principal Act, the following section shall be inserted namely:--

" 355A. Conversion of notified areas, etc., as municipalities.--

(1)     Notwithstanding anything contained in this Act or in any other law for the time being in force, the Government may, after previous publication, by order direct that the area within the limits of' a notified area committee or a Town Board or a Sanitary Board constituted, established or continued under this Act or under any other law be converted into, or added on to the area within the limits of, a City or Town Municipal Council with effect from such date as is specified in the order.

 

(2)     On and from the date specified in the order under sub-section (1), the Notified Area Committee, Town Board or the Sanitary Board, as the case may be, shall stand dissolved, the members thereof shall cease to hold office, such assets and liabilities of the body as the Government may specify shall stand transferred to and be vested in the Municipal Council concerned.

 

(3)     Where by the order under sub-section (1), a new municipal council is constituted, Government may nominate the councillors for such period not exceeding one year, on the expiry whereof elections shall be held. Where by the order under sub-section (1), any area is added on to an already existing municipality, Government shall nominate such number of additional councillors as it thinks necessary to the existing council for such term at it thinks necessary.

Section 37 - Insertion of new section 363A

After section 363 of the principal Act, the following section shall be inserted, namely:--

" 363A. Conversion of Town Municipality as a Panchayat.--

(1)     Notwithstanding anything in this Act or in any other law, Government may, after previous publication, by order direct that any Town Municipality be, from such date as is specified, converted as a Village Panchayat.

 

(2)     On and from the date specified in the order under sub-section (1), the Town Municipality shall cease to be a Municipality, the Municipal Council shall stand dissolved, members thereof shall cease to hold office, such assets and liabilities of the Town Municipal Council as the Government may specify shall stand transferred to and be vested in the Panchayat.

 

(3)     Where by the order under sub-section (1), a new Panchayat is constituted, the State Government may nominate members to such Panchayats for such period not exceeding one year, on the expiry whereof elections shall be held in accordance with the provisions of the Karnataka Village Panchayats and Local Boards Act, 1959."

Section 38 - Substitution of new section for section 367

For section 367 of the principal Act, the following section shall be substituted', namely :--

"367. Recovery towards the Karnataka Municipal Administrative Service.--

(1)     Notwithstanding anything contained in this Act or any other law for the time being in force every local authority shall contribute in advance one-fourth percentage of its revenue to the Consolidated Fund of the State in such manner and at such times as the Government may, by order, determine to meet the expenditure in respect of salaries, allowances, pensions, provident fund, gratuities and other necessary expenses payable to the officers of the Karnataka Municipal Administrative Service:

Provided that pending such contribution, the expenditure in respect of the Municipal Administrative Service shall be met from out of the consolidated fund of the State."

(2)     If the local authority fails to pay the amount required to be paid under sub-section (1), the Deputy Commissioner may direct the officer in custody of the funds of the local authority concerned to pay such amount or so much thereof as is possible from the balance of such funds.

Section 39 - Amendment of section 382

In sub-section (1) of section 382 of the principal Act, after the words, brackets and figures "Madras Town Nuisances Act, 1899 (Madras Act III of 1899) ", the words, brackets and figures " Chapter II of the Madras Public Health Act 1939 (Madras Act III of 1939)" shall be inserted.

Section 40 - Insertion of new sections 387 and 388

After section 386 of the principal Act, the following sections shall be inserted, namely :--

"387. Consultation with Planning Authority.-- The Municipal Council shall, in places where the Planning Authority has not been constituted under the Karnataka Town and Country Planning Act, consult the nearest planning authority in matters affecting town planning.

388. Directorate of Municipal Administration.-- The State Government shall, with effect from such date as it may specify, establish a Directorate of Municipal Administration. The composition, the functions, the powers and duties of the Directorate shall be such as may be prescribed."

Section 41 - Omissions of schedule V

Schedule V of the principal Act shall be omitted.

 

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KARNATAKA MUNICIPALITIES (AMENDMENT) ACT, 1976

Preamble - KARNATAKA MUNICIPALITIES (AMENDMENT) ACT, 1976

THE KARNATAKA MUNICIPALITIES (AMENDMENT) ACT, 1976

[Act No. 83 of 1976]

[06th December, 1976]

PREAMBLE

An Act further to amend the Karnataka Municipalities Act, 1964.

Whereas it is expedient further to amend the Karnataka Municipalities Act, 1964 (Karnataka Act 22 of 1964).

Be it enacted by the Karnataka State Legislature in the Twenty-seventh Year of the Republic of India as follows:--

Section 1 - Short title and commencement

(1)     This Act may be called the Karnataka Municipalities (Amendment) Act 1976.

 

(2)     It shall come into force at once.

Section 2 - Amendment of section 11

In sub-section (4) of section 11 of the Karnataka Municipalities Act, 1964 (Karnataka Act 22 of 1964) (hereinafter referred to as the principal Act), for the words ' one' and ' two ', the words 'two' and ' three' shall respectively be substituted.

Section 3 - Amendment of section 12

To section 12 of the principal Act, the following proviso shall be inserted, namely :--

"Provided that elections shall be held for any such vacancy as soon as may be but not later than one year from the date of appointment."

Section 4 - Amendment of section 13

(1)     Section 13 of the principal Act shall be renumbered as sub-section (1) of that section and in the said renumbered sub-section the following proviso shall be inserted at the end :

"Provided that the territorial divisions formed shall comprise, as far as may be, of contiguous blocks ".;

(2)     After sub-section (1) as so renumbered, the following sub-sections shall be inserted, namely:--

"(2) ?Notwithstanding anything contained in sub-section (1) or any other provisions of this Act,--

(a)      if at any time it appears to the State Government that there is a substantial discrepancy between the electoral roll of a constituency as republished under sub-section (1) and the electoral roll for the time being in force for the election of members of the Karnataka Legislative Assembly relating to the area comprised in that constituency the State Government may, by order, direct that within such time as may be specified in the order the electoral roll so republished shall be corrected by the revising authority;

 

(b)      if the revising authority, on application made to him or on his own motion, is satisfied that the name of any person appears in the said electoral roll of the Karnataka Legislative Assembly but does not appear in the electoral roll so republished, he may correct the entries in the electoral roll so republished to make it in conformity with the electoral roll for the time being in force for the election of members of the Karnataka Legislative Assembly relating to the area comprised in that constituency:

Provided that no correction shall be made under clause (b) after the day previous to the last date for making nominations for an election in that constituency and before the completion of that election.

(3)     The electoral roll corrected under clause (a) of sub-section (2) shall be republished in such manner as the State Government may direct and the electoral roll so republished shall, for the purpose of this Act, be deemed to be an electoral roll republished under sub-section (1);

Section 5 - Amendment of section 16

In section 16 of the principal Act, for clause (b), the following clause shall be substituted, namely,--

" (b) if he is convicted of an offence under the provisions of the Untouchability Offences Act, 1955 (Central Act 22 of 1955) or the Prevention of Food Adulteration Act, 1954 (Central Act 37 of 1954); or "

Section 6 - Amendment of section 18

In section 18 of the principal Act,--

(i)       for sub-section (1), the following sub-section shall be substituted, namely:--

"(1) The term of office of a Councillor --

(a)      elected at a general election shall be four years;

 

(b)      appointed under section 12 shall be one year or till a Councillor is elected in the vacancy, whichever is earlier;";

 

(ii)      in sub-section (2), the words and figures " appointed under section 12 " shall be omitted.

Section 7 - Insertion of new section 18A

After section 18 of the principal Act, the following section shall be inserted, namely:--

" 18A. Allowances to Councillors.-- Every Councillor may receive out of the Municipal funds, such monthly allowance not exceeding rupees one hundred as the Government may, from time to time, fix and different rates may be fixed for different municipal councils ".

Section 8 - Amendment of section 19

In section 19 of the principal Act, in the proviso, for the word "four" the word " six " shall be substituted.

Section 9 - Substitution of new section for section 38

For section 38 of the principal Act, the following section shall be substituted, namely:--

"38. Control of elections.--

(1)     Every election of councillors shall be subject to the control and supervision of the Government and it shall be lawful for the Government to issue directions regarding all matters connected with the elections including directions for cancellation of the calendar of events of postponement of the poll.

 

(2)     Without prejudice to the generality of the foregoing Government may, by notification and after previous publication, make rules to provide for or to regulate all or any of the following matters for the purpose of holding elections of councillors under this Act, namely:--

 

(a)      the manner of the splitting up of electoral rolls for Legislative Assembly constituencies into parts for the purpose of constituting one or more of such parts into the list of voters for a division; and the officer or authority by whom such splitting up is to be carried out;

 

(b)      revision and correction of electoral rolls;

 

(c)      redistribution of territorial divisions;

?

(d)      the appointment of returning officers, assistant returning officers, presiding officers and polling officers for the conduct of elections;

 

(e)      the nomination of candidates, form of nomination papers, objections to nominations and scrutiny of nominations;

 

(f)       the deposits to be made by candidates, time and manner of making such deposits and the circumstances under which such deposits may be refunded to candidates or forfeited to the municipal council;

 

(g)      the withdrawal of candidatures;

 

(h)     the appointment of agents of candidates;

 

(i)       the procedure in contested and uncontested elections and the special procedure at elections in divisions where any seat is reserved for the Scheduled Castes and women;

 

(j)       the date, time and place for poll and other matters relating to the conduct of elections including?

 

(i)       the appointment of polling stations for each division;

 

(ii)      the hours during which the polling station shall be kept open for the casting of votes;

 

(iii)     the printing and issue of ballot papers;

 

(iv)    the checking of voters of reference to the electoral roll;

 

(v)      the marking with indelible ink on the left forefinger or any other finger or limb of the voter and prohibition of the delivery of any ballot paper to any person if at the time such person applies for such paper he has already such mark so as to prevent personation of voters;

 

(vi)    the manner in which votes are to be given and in particular' in the case of illiterate voters or of voters under physical or other disability;

 

(vii)   procedure to be followed in respect of challenged votes and tendered votes;

 

(viii)  the scrutiny of votes, counting of votes, the declaration and publication of the results and the procedure in case of equality of votes or in the event of a councillor being elected to represent more than one division;

 

(ix)    the custody and disposal of papers relating to elections;

 

(x)      the suspension of polls in case of any interruption by riot, violence or any other sufficient cause and the holding of a fresh poll;

 

(xi)    the holding of a fresh poll in the case of destruction of or tampering with ballot boxes before the count;

 

(xii)   the countermanding of the poll in the case of the death of a candidate before the poll;

 

(k)      the fee to be paid on an election petition;

 

(l)       any other matter relating to elections or election disputes in respect of which the Government deems it necessary to make rules under this section or in respect of which this Act makes no provision or makes insufficient provision and provision is, in the opinion of the Government necessary.

 

(3)     In making any rule under this section, the Government may provide that any contravention thereof shall be punishable with fine which may extend; to one hundred rupees."

Section 10 - Substitution of new section for section 40

For section 40 of the principal Act, the following section shall be substituted, namely :--

"40. Resignation.--

(1)     Subject to the provision of sub-sections (2) and (3), a Councillor may resign his membership and a Vice-President may resign his office as Vice-President by giving, notice in writing to that effect:

Provided that in the case of a Councillor or Vice-President of a Town Municipal Council, the notice of resignation shall be sent to the Deputy Commissioner and the resignation shall take effect on the expiry of the tenth day after receipt of the notice unless withdrawn in the meanwhile.

(2)     The President may resign his membership or his office as President by giving notice in writing to that effect?

 

(a)      to the Deputy Commissioner in the case of a Town Municipal Council; and

 

(b)      to the Commissioner in the case of a City Municipal Council.

 

(3)     The resignation under sub-section (2) shall take effect on the expiry of the tenth day after the receipt of the notice of resignation unless withdrawn in the meanwhile."

Section 11 - Amendment of section 41

In section 41 of principal Act, in sub-section (1),--

(i)       the words " after giving him an opportunity of being heard " shall be omitted;

 

(ii)      after sub-section (1), the following proviso shall be inserted, namely :--

" Provided that no Councillor shall be removed except after being afforded an, opportunity for submitting an explanation."

Section 12 - Amendment of section 42

In section 42 of the principal Act,--

(1)     in sub-section (3), after the words "shall be", the words " subject to the control and supervision of the Government and " shall be inserted;

 

(2)     to sub-section (4), the following proviso shall be added, namely:--

" Provided that the persons so appointed shall hold office for a period not exceeding six months before the expiry of which period fresh elections for the said offices are held."

(3)     in sub-section (5), after the words "the Tahsildar for the time being ", the words " or any other person not disqualified for being a Councillor " shall be inserted;

 

(4)     in sub-section (10)?

 

(a)      the words "after an opportunity is afforded for hearing him " shall be omitted;

 

(b)      for the words " his debts ", the words " dues he owes to the Municipal Council or has suffered an order for commitment to civil prison for non-payment of any decreetal debt " shall be substituted;

 

(c)      the following proviso shall be inserted, namely :--

"Provided that no such order shall be made except after the President or the Vice-President has been given an opportunity for submitting explanations ".

(d)      the Explanation shall be omitted;

 

(5)     in sub-section (11),--

 

(a)      in the proviso, for the words " one year " and "every year ", the words " two years " and " second year " shall respectively be substituted;

 

(b)      after the proviso, the following provisos shall De inserted, namely :--

" Provided further that the Government shall, if any Municipal Council at its first meeting after the general elections of councillors so resolves, direct that the term of the office of the President and Vice-President of that Municipal Council shall be limited to two years and that the elections to the said offices shall be held at the end of the second year:

Provided also that the period limited under the preceding proviso shall operate only during the term of the Municipal Council passing the resolution.";

(6)     in sub-section (12), for the words "any person" the words " any councillor " shall be substituted;

 

(7)     for sub-section (13), the following sub-sections shall be substituted, namely :--

" (13) The President and the Vice-President may receive out of the Municipal Fund such monthly allowances, not exceeding rupees two hundred, as the Government may, from time to time, fix and different rates may be fixed for different municipal councils.

(14) The Municipal Council shall place at the disposal of the President annually such sum not exceeding one thousand rupees as may be determined by it, by way of sumptuary allowance."

Section 13 - Amendment of section 43

In section 43, after sub-section (2), the following sub-sections shall be inserted namely :--

" (3) The President shall have the following additional powers, namely:--

(a)      to issue directions to the Commissioner or the Chief Officer to implement the resolutions of the Council or the Standing Committees;

 

(b)      to require the Administration Report and the Annual Report of the Council prepared and placed before the end of the year;

 

(c)      to issue directions to the concerned officers to comply with the points made out in the audit report;

 

(d)      to undertake inspection and supervision of the works taken up by the Council; and

 

(e)      to call for any record but the same to be returned within one month.

 

(4)     The President shall Ex-Officio be a member of all the standing committees but without the power of vote on any question.

 

(5)     The Commissioner or the Chief Officer shall, whenever they address communications to Government, simultaneously forward copies thereof to the President ".

Section 14 - Amendment of section 44

In section 44 of the principal Act,--

(1)     in clause (b) of sub-section (2), after the words " absence of a President", the words " for any period exceeding seven days " shall be inserted;

 

(2)     after sub-section (2), the following sub-section shall be inserted, namely:--

" (3) The Vice-President shall ex-officio be a member of all the Standing Committees but shall not be entitled to vote on any question."

Section 15 - Amendment of section 45

In section 45 of the principal Act,--

(i)       after sub-section (2), the following sub-section shall be inserted, namely :--

" (2A) Every councillor shall be furnished with copies of the proceedings of the meetings by the Commissioner or the Chief Officer along with the notice-of the next meeting.";

(ii)      in sub-section (4), the following shall be added at the end, namely :--

" The President may also call for any record of the Municipal Council from the Commissioner, the Chief Officer or any other officer, but any record so made available shall he returned within one month ";

Section 16 - Amendment of section 61

In sub-section (2) of section 61 of the principal Act, after the words "Animal Husbandry", the words " or the Executive Engineer Karnataka Electricity Board or the Executive Engineer Public Health Engineering or the Deputy Assistant Director Town Planning" shall be inserted.

Section 17 - Amendment of section 63

In section 63 of the principal Act,--

(1)     in sub-section (1),--

 

(a)      for the words " twelve " and " six ", the words " eleven " and " five " shall respectively be substituted,

 

(b)      the following proviso shall be added, namely :--

" Provided that--

(i)       a Municipal Council may, if it considers necessary, have three standing committees in which case the said standing committees shall be the standing committees for Finance, Health and Works;

 

(ii)      the President and Vice-President shall not be eligible for election as members of a Standing Committee.: "

 

(2)     Sub-section (3) shall be omitted.

Section 18 - Omission of section 64

Section 64 of the principal Act shall be omitted.

Section 19 - Substitution of new section for section 66

For section 66 of the principal Act, the following section shall be substituted namely :--

"66. Chairman of Standing Committee.-- The Chairman of the Standing Committee shall be elected by the members thereof by the system of single transferable vote."

Section 20 - Amendment of section 67

In sub-section (1) of section 67 of the principal Act, for the word " fifteen ", the word " seven " shall be substituted.

Section 21 - Amendment of section 72

In section 72 of the principal Act,--

(1)     in sub-section (2), for the words "two thousand rupees", the words " five thousand rupees" shall be substituted;

 

(2)     in sub-section (5) for the words " five hundred rupees", the words " five thousand rupees " shall be substituted.

Section 22 - Amendment of section 82

In section 82 of the principal Act, in sub-section (3), after the word "Assistant Commissioner ", the words " or any other officer of equal rank specified by the Government" shall be inserted.

Section 23 - Amendment of section 87

In section 87 of the principal Act,--

(i)       in clause (i), after the word " markets", the brackets and words " (including separate and suitable place for vending vegetables) " shall be inserted;

 

(ii)      for clause (o), the following clause shall be substituted, namely:--

"(o) maintaining schools for pre-primary education;";

(iii)     in the explanation to clause (r), for the words " putrid or putrifying ", the word " decomposed " shall be substituted;

 

(iv)    in clause (t), the word "and" occurring at the end shall be omitted;

 

(v)      after clause (u), the following clauses shall be inserted namely:--

" (v) maintenance of up-to-date record of all buildings and sites within the municipality; and

(w) ??planting and maintaining of road-side trees."

Section 24 - Amendment of section 91

In section 91 of the principal Act.--

(i)       for clause (c), the following clause shall be substituted, namely:--

" (c) providing shelter for destitute women;";

(ii)      clause (f) shall be omitted.

Section 25 - Amendment of section 94

In section 94 of the principal Act,--

(1)     in sub-section (1), clause (x) shall be omitted;

 

(2)     in sub-section (2), in clause (b), for the words twelve and a half " and " seventeen and a half ", the words " fifteen " and " twenty" shall respectively be substituted.

Section 26 - Amendment of section 95

In clause (b) of section 95 of the principal Act, for the words " official Gazette and in such other manner as may be prescribed", the words " prescribed manner " shall be substituted.

Section 27 - Amendment of section 97

In sub-section (1) of section 97 of the principal Act, for the words " official Gazette", the words " prescribed manner" shall be substituted.

Section 28 - Amendment of section 98

In section 98 of the principal Act, after sub-section (2), the following sub-section shall be inserted, namely:--

" (3) Suspension, modification or abolition of a tax made by the Municipal Council under sub-section (1) shall not take effect unless approved by the Government."

Section 29 - Insertion of new section 110A

After section 110 of the principal Act, the following section shall be inserted namely:--

" 110A. Property tax certificate.-- There shall be issued to the person entitled to a building a certificate in such form on payment of such fee and containing such particulars as may be prescribed."

Section 30 - Omission of sections 116 to 122

Section 116 to the principal Act shall be omitted.

122 (both inclusive) and the heading before section 116 of

Section 31 - Amendment of section 141

In section 141 of the principal Act, after the words " Whenever it appears to the Government", the words " that additional funds are necessary to enable the Municipal Council to discharge its obligatory functions or " shall be inserted.

Section 32 - Amendment of section 150

In section 150 of the principal Act, in clause (c) of sub-section (1), for the words " claimed from", the words " admitted by" shall be substituted.

Section 33 - Amendment of section 173

In section 173 of the principal Act, in sub-section (2),--

(i)       for the word " eleven ", the word " seven " shall be substituted;

 

(ii)      clause (b) shall be omitted;

 

(iii)     for clause (d), the following clause shall be substituted, namely:--

" (d) the Executive Engineer concerned and the Nominee of the Director of Town Planning specified by the Government";

(iv)    in clauses (e) and (f), for the word "three" the word " two " shall be substituted.

Section 34 - Amendment of section 316

In sub-section (1) of section 316 of the principal Act,--

(i)       after the words "under the provisions of this Act or any other law", the words "or is functioning in a manner prejudicial to the municipality " shall be inserted;

 

(ii)      after the word " period ", the words " not exceeding one year " shall be inserted.

(iii)     after the proviso, the following proviso shall be inserted, namely :--

" Provided further that for reasons to be recorded in writing the Government may extend the period of supersession by a further period not exceeding six months:

Provided also that the Government may continue the supersession for any period beyond one year and six months if, in its opinion for reasons beyond its control which shall be recorded in writing, it is necessary so to do."

Section 35 - Amendment of section 322

In section 322 of the principal Act,--

(i)       in sub-section (1), after the word " proceedings", the words " including orders of assessment and revision of assessment" shall be inserted :

 

(ii)      sub-section (2) shall be renumbered as sub-section (3), and before the said renumbered sub-section, the following sub-section shall be inserted, namely:--

"(2) Notwithstanding anything in sub-section (1) the Government may call for and examine the records of any proceedings of the municipal council including proceedings as appellate authority and if satisfied that any order in such proceedings is contrary to law or is prejudicial to the interests of the municipality, pass such orders as it deems just.";

(iii)     in the renumbered sub-section (3), for the expression "sub-section (1)," the expression " sub-sections (1) and (2) " shall be substituted.

Section 36 - Insertion of new section 355A

After section 355 of the principal Act, the following section shall be inserted namely:--

" 355A. Conversion of notified areas, etc., as municipalities.--

(1)     Notwithstanding anything contained in this Act or in any other law for the time being in force, the Government may, after previous publication, by order direct that the area within the limits of' a notified area committee or a Town Board or a Sanitary Board constituted, established or continued under this Act or under any other law be converted into, or added on to the area within the limits of, a City or Town Municipal Council with effect from such date as is specified in the order.

 

(2)     On and from the date specified in the order under sub-section (1), the Notified Area Committee, Town Board or the Sanitary Board, as the case may be, shall stand dissolved, the members thereof shall cease to hold office, such assets and liabilities of the body as the Government may specify shall stand transferred to and be vested in the Municipal Council concerned.

 

(3)     Where by the order under sub-section (1), a new municipal council is constituted, Government may nominate the councillors for such period not exceeding one year, on the expiry whereof elections shall be held. Where by the order under sub-section (1), any area is added on to an already existing municipality, Government shall nominate such number of additional councillors as it thinks necessary to the existing council for such term at it thinks necessary.

Section 37 - Insertion of new section 363A

After section 363 of the principal Act, the following section shall be inserted, namely:--

" 363A. Conversion of Town Municipality as a Panchayat.--

(1)     Notwithstanding anything in this Act or in any other law, Government may, after previous publication, by order direct that any Town Municipality be, from such date as is specified, converted as a Village Panchayat.

 

(2)     On and from the date specified in the order under sub-section (1), the Town Municipality shall cease to be a Municipality, the Municipal Council shall stand dissolved, members thereof shall cease to hold office, such assets and liabilities of the Town Municipal Council as the Government may specify shall stand transferred to and be vested in the Panchayat.

 

(3)     Where by the order under sub-section (1), a new Panchayat is constituted, the State Government may nominate members to such Panchayats for such period not exceeding one year, on the expiry whereof elections shall be held in accordance with the provisions of the Karnataka Village Panchayats and Local Boards Act, 1959."

Section 38 - Substitution of new section for section 367

For section 367 of the principal Act, the following section shall be substituted', namely :--

"367. Recovery towards the Karnataka Municipal Administrative Service.--

(1)     Notwithstanding anything contained in this Act or any other law for the time being in force every local authority shall contribute in advance one-fourth percentage of its revenue to the Consolidated Fund of the State in such manner and at such times as the Government may, by order, determine to meet the expenditure in respect of salaries, allowances, pensions, provident fund, gratuities and other necessary expenses payable to the officers of the Karnataka Municipal Administrative Service:

Provided that pending such contribution, the expenditure in respect of the Municipal Administrative Service shall be met from out of the consolidated fund of the State."

(2)     If the local authority fails to pay the amount required to be paid under sub-section (1), the Deputy Commissioner may direct the officer in custody of the funds of the local authority concerned to pay such amount or so much thereof as is possible from the balance of such funds.

Section 39 - Amendment of section 382

In sub-section (1) of section 382 of the principal Act, after the words, brackets and figures "Madras Town Nuisances Act, 1899 (Madras Act III of 1899) ", the words, brackets and figures " Chapter II of the Madras Public Health Act 1939 (Madras Act III of 1939)" shall be inserted.

Section 40 - Insertion of new sections 387 and 388

After section 386 of the principal Act, the following sections shall be inserted, namely :--

"387. Consultation with Planning Authority.-- The Municipal Council shall, in places where the Planning Authority has not been constituted under the Karnataka Town and Country Planning Act, consult the nearest planning authority in matters affecting town planning.

388. Directorate of Municipal Administration.-- The State Government shall, with effect from such date as it may specify, establish a Directorate of Municipal Administration. The composition, the functions, the powers and duties of the Directorate shall be such as may be prescribed."

Section 41 - Omissions of schedule V

Schedule V of the principal Act shall be omitted.