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Section 338 - Powers of Municipal Commissioners and Limitations Thereon in Karnataka Municipalities Act, 1964

snapp 338 KMA 1964 0 Notes

Powers of Municipal Commissioners and Limitations Thereon.

A Municipal Commissioner shall exercise the powers specifically conferred on him by the provisions of this Act and the powers hereinafter specified and such other executive powers as may be delegated to him by the municipal council under the provisions of this Act, --

(1) he shall, subject to the provisions of this Act and save where it is otherwise expressly provided in this Act, perform and exercise the duties and powers of the president under clauses (b), (d) and (e) of sub-section(1) 1 [or sub-section (2)] of section 43;

(2) he shall exercise all the powers specifically conferred on the Chief Officer by the provisions of this Act;

(3) he may make such requisition by written notice, give such writtenconsent or permission, issue such orders and prohibitions, exercise all such powers and perform all such duties as may be made, given, issued, exercised and performed by a municipal council under any of the provisions contained in the following sections or sub-sections, namely:--

Section 115,

Section 203, sub-section (2),

2 [x x x]

Section 205, sub-section (1),

Section 139,

Section 208,

Section 176,

Section 231,

Section 181,

Section 248,

Section 182,

Section 183,

Section 252,

Section 184,

Section 256,

Section 194,

Section 264,

Section 195,

Section 265,

Section 199,

Section 267,

Section 200,

Section 269, and

Section 202,

Section 277:

Provided as follows:--

(a) the powers conferred on the municipal council by or under the provisions contained in section 139, section 182, sub-section (1) of section 203, section 208, sub-section (1) of section 216, and in the case of a well, section 236, shall not be exercised by the Municipal Commissioner except subject to the general or special orders of the municipal council or, in the absence of such orders, with the previous approval of the municipal council;

(b) the powers conferred on the municipal council by or under any of the provisions of this Act (i) to make bye-laws; and (ii) to authorise the president or the vice-president, or a committee or a councillor to do anything, shall not be exercised by the Municipal Commissioner;

(c) property, whether movable or immovable, vested in or belonging to or otherwise held by the municipal council, shall not be deemed to vest in or belong to or otherwise to be held by the Municipal Commissioner.

_______________________________

1. Inserted by Act 34 of 1966 w.e.f. 16.1.1967.

2. Omitted by Act 21 of 1979 w.e.f. 31.3.1979.

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