Amendment status not verified — confirm the current text below against the official source.
Removal of Difficulties SCHEDULE I Rules of Procedure for the Conduct of Business of the Corporation and Committees SCHEDULE II Essential Services SCHEDULE III Taxation Rules SCHEDULE IV Maximum Rates of Tax on Shops and Other Places of Business or Profession SCHEDULE V Carriages, Boats and Animals Liable to Taxation with the Maximum rates of Taxation SCHEDULE VI Omitted SCHEDULE VII Maximum Rates of Tolls Payable on Entering the Corporation Limits SCHEDULE VIII Tax on Advertisements SCHEDULE IX Financial Rules SCHEDULE X [xxx] SCHEDULE XI Ordinary Penalties SCHEDULE XII 18 Penalties for Continuing Breaches. SCHEDULE XIII [XXX] * * * * 19 STATEMENTS OF OBJECTS AND REASONS I Act 14 of 1977.- The City of Bangalore Municipal Corporation established under the City of Bangalore Municipal Corporation Act, 1949 and the Hubli-Dharwar Municipal Corporation functioning under the Bombay Provincial Municipal Corporations Act, 1949 as in force in the Balgaum Area are the two municipal corporations in the State. It is considered necessary that there should be a single enactment governing municipal corporations in the State. This will also enable the establishment of municipal corporations in other cities. Opportunity has been taken to make provision for certain matters which are found necessary as a result of the experience gained in the functioning of the existing municipal corporations. The main features of this Bill are,- (i) creation of municipal authorities, namely:- the corporation, three standing committees and the commissioner; (ii) conferring certain powers on the mayor and the deputy mayor; (iii) specifying the obligatory and discriminatory functions of the corporation; (iv) strengthening the administrative machinery of the corporation in result of administration, account and audit; (v) employment of officers and staff drawn from the Karnataka Municipal Administrative Service which will enable mobility of the staff as between local authorities; (vii) provision for payment of honoraria, allowances and fees to the mayor, the deputy mayor and the councillors. The various other provisions of the Bill generally follow the provisions of the enactments now in force relating to the municipal corporations. Hence this Bill. (Obtained from L.A. Bill No. 20 of 1974) II Amending Act 24 of 1978.- (As appended to at the time of introduction of the Bill) The Act provides for the reservation of the seats for labourers of Industrial Establishments located within the city. Since labourers are scattered throughout the City, it is not practicable to fix up a suitable division for them. Hence it is proposed to omit the provisions relating to reservation of seats for labourers. It is proposed to divide the City into single member divisions. A voter of any division in the City is being made eligible to consent from any other division. The Corporation has to obtain the previous sanction of the Government to create any new office whose maximum monthly salary exceeds three hundred and fifty rupees. In view of the revision of pay scale it is proposed to enhance this limit to nine hundred rupees. It is proposed to make the Government liable to pay taxes in respect of premises belonging to it if such premises are rented out by the Government. There will be no tax in respect of similar premises belonging to the Corporation. Section 503 and 506 are proposed to be amended to continue the Administrators of other officers appointed under the repealed enactments and to validate the action taken by them. 20 Hence this Bill. (Obtained from L.A. Bill No. 34 of 1978) III Amending Act 11 of 1979.- It is considered necessary to reduce the period for filing objections and suggestions to a notification to alter the limits of a city from three months to one month. Since the Legislative Assembly was not in session, an Ordinance was promulgated and this Bill seeks to replace the said Ordinance. (Obtained from L.A. Bill No. 3 of 1979) IV Amending Act 21 of 1979.- In order to augment the revenues of the State it is proposed to second taxation and other laws. Opportunity is taken to make some other amendments also. Hence this Bill. (Published in the Karnataka Gazette (Extraordinary) Part IV-2A dated 27-3- 1979 as No. 259). V Amending Act 28 of 1980.- Section 3 of the Karnataka Municipal Corporations Act, 1976 provided for declaring a local area having a local authority whose annual income was not less than one crore of rupees and having a population of not less than 2 lakhs as a City and to establish for City a Corporation. There was no provision to declare a local area having more than one local authority whose total annual income was not less than one crore of rupees and whose population was not less than 2 lakhs as a city under the Act. Difficulty therefore arose while declaring the former Belgaum City and Mangalore City and their surrounding areas having several other local authorities as cities under the Act. This Bill provides for meeting the above difficulty by amending section 3 of the Act. Clause 4 inserts consequential provisions for the vesting of assets, absorption of staff, collection of taxes etc., of the said local authorities in newly formed corporation. Provision is also made to constitute a Social Justice Committee to secure social justice to the Scheduled Castes, Scheduled Tribes and other weaker sections of society. A provision to remove any difficulties that may arise in implementation of these provisions and a validation provision are also included in the Bill. (Published in the Karnataka Gazette (Extraordinary) Part IV dated 23-7-1980 as No. 574 at page 10) (Obtained from L.A. Bill No. 29 of 1980.) VI Amending Act 40 of 1981.- Under section 320 of the Karnataka Municipalities Act, 1964, the Government have powers to transfer any officer or servant of a municipal council to the service of any other municipal council or any other local authority or of any Government department. There are no provisions in the Karnataka Municipal Corporations Act giving similar powers to the Government to transfer officers or servants of the corporations from one corporation to another or from a corporation to a local authority or a Government Department. Octroi has been abolished in the State. As a result, the surplus octroi staff of the Corporation are to be accommodated. 21 Hence, in order to enable the surplus octroi staff of the Corporations to be absorbed and in the interest of better discipline and effective administration in the Corporations, it is considered necessary to empower the Government to transfer any officer or servant of the Corporation to a Corresponding post in any other Corporation, local body or the Government. The former Mysore City Municipality was declared to be a City under the Karnataka Municipal Corporations, Act, 1976 with effect from 10th June 1977. By virtue of clause (cc) of sub-section (3) of the section 503 of the said Act, the then Administration of the Mysore City Municipality contained in office for a period of one year, there after. However, even after the said period the Administrator has continued to function. It has therefore becomes necessary to validate the actions taken by him after the expiry of the said period. As similar situations may arise in other cases, it is proposed to provide for extending the period of the Administrator either prospectively or retrospectively. Similar Amendments are also proposed to section 99, 100 and 101. The High Court of Karnataka in Writ Petition No. 829/78 has struck down the Karnataka Municipal Corporation Rules, 1977, on the ground that the time allowed for filing objections and suggestions to the draft rules was insufficient. Therefore, the recruitments, made under the aid 1977 rules have become invalid, creating administrative problems. Therefore, it is necessary to validate the recruitments by suitably amending section 421 of the said Act with retrospective effect providing therein that no previous publication shall be necessary for any rule made for the first time after the commencement of the Act and to validate the action so far taken under the said rules. Hence the Bill. (Obtained from L.A. Bill No. 48 of 1981.) VII Amending Act 8 of 1982.- It is considered necessary that Government should have the power to nominate the first Councillors, the Mayor and the Deputy Mayor for the newly constituted Corporations so as to place them on a firm footing during initial stages after their constitution. Accordingly power is being taken to nominate the first Councillors the Mayor and the Deputy Mayor and to constitute an interim corporation and the standing committees for such period not exceeding three years. A provision enabling the rules to be made with retrospective effect is also incorporated. Hence the Bill. (Published in the Karnataka Gazette (Extraordinary) Part IV-2A dated 11-2- 1982 as, No 102.) (Obtained from L.A. Bill No. 10 of 1982.) VIII Amending Act 13 of 1983.- By passage of time, there has been a steady increase in the participation of women in all walks of life. In order to ensure more and more involvement of women in the affairs of the municipal corporations, it is proposed to provide adequate representation for women by increasing the reservation for women to as nearly as may be 20 per cent of the total number of Councillors. As the relevant population figures of 1981 census has not been officially published, it is proposed to adopt 1971 census figures for determining the division. 22 It is proposed to make all persons who have attained the age of 18 years eligible to vote in elections to municipal corporations. Opportunity is taken to make some minor amendments. Hence the Bill. (Obtained from L.A. Bill No. 4 of 1983) IX Amending Act 34 of 1984.- The problem of encroachments on lands belonging to Municipalities, Bangalore Development Authority, Improvement Boards and other Local Bodies has assumed serious proportions. It is necessary to provide deterrent punishment for such encroachments.