(1) Every municipal council shall have a Chief Officer who shall be appointed by the Commissioner from among the persons in the cadre of Chief Officers of the¹[Karnataka Municipal Administrative Service].

(2) A Chief Officer of a²[municipal area] shall be transferable from that office by a resolution of the municipal council at a general meeting, passed by a majority of not less than three-fourths of the total number of councillors.

(3) The municipal council may recommend disciplinary action being taken against a Chief Officer for abuse of powers, misconduct or neglect of duty.

(4) When a Chief Officer shall have been appointed, all other officer sand servants employed by the municipal council shall, save such as are excepted by order of the Government from time to time, be subordinate to him.

_______________________________

1. Adapted by the Karnataka Adaptations of Lws Order, 1973 w.e.f. 1.11.1973.

2. Substituted by Act 36 of 1994 w.e.f. 1.6.1994.

(1) A municipal council may, and when required by Government by an order in this behalf shall, within such time as may be fixed therein, appoint one or more Health Officers whether temporarily or permanently, the officers being officers of the Department of Public Health.

(2) No such officer shall, save with the previous sanction of the Government, be transferable from office unless by the votes of not less than two-thirds of the total number of councillors.

(3) The municipal council may recommend disciplinary action being taken against a Health Officer for abuse of powers, misconduct or neglect of duty.

The Chief Officer shall, --

(a) ¹ [subject to the control of the municipal council, perform all the duties] and exercise all the powers specifically imposed or conferred upon him by or delegated to him under this Act;

(b) subject to the orders of the municipal council, or of the standingcommittee of the municipal council, as the case may be, take prompt steps to remove any irregularity pointed out by the auditor;

(c) report to the president, the standing committee and the municipalcouncil all cases of fraud, embezzlement, theft or loss of municipal money or property;

(d) supply any return, statement, estimate, statistics, account, or reportor a copy of any document in his charge called for by the municipal council or the standing committee and shall comply with any orders passed by the municipal council or the standing committee thereon; and

(e) subject to rules prescribed in this behalf exercise supervision andcontrol over the acts and proceedings of all officers and servants of the municipal council in matters of executive administration and in matters concerning the accounts and records of the municipal council and to dispose of all questions relating to the officers and servants subordinate to the Chief Officer and their pay, privileges and allowances.

_______________________________

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

¹ [Subject to the control of the municipal council, the Chief Officer shall exercise the powers] hereinafter specified, and such other powers as may be delegated to him by the municipal council under the provisions of this Act, --

(a) he shall have power, subject to the provisions of this Act and of the rules and bye-laws for the time being in force thereunder, to grant, give or issue under his signature all licences and permissions which may be granted, or given or issued by a municipal council under this Act;

(b) he may, subject to the provisions aforesaid, suspend, withhold or with draw any licence in any case in which he is empowered as aforesaid to grant or give a licence, and in which the municipal council may under the provisions aforesaid suspend, withhold or withdraw such licence;

(c) he shall receive and recover and credit to the municipal fund all fees payable for licences and permissions granted or given by him under the powers aforesaid;

(d) he may, subject to the control of the municipal council and to the provisions of section 72, --

(i) enter on behalf of the municipal council into contracts which do not involve an expenditure of over five hundred rupees; and

(ii) invite on behalf of the municipal council and by public notice, tenders for the execution of any approved work or for the supply of any materials or goods required by the municipal council:

Provided that every contract made by the Chief Officer involving expenditure exceeding one hundred rupees shall be reported by him, within fifteen days after the same is made, to the municipal council;

(e) he may make such requisitions, by written notice give such written consent or permission, issue such orders and prohibitions, and exercise all such powers as may be made, given, issued or exercised by a municipal council under any provisions contained in, --

Provided that the power conferred by section 276 to direct a prosecution or to order proceedings to be taken for the punishment of any person offending against the provisions of the following sections shall not be exercised by the Chief Officer except with previous approval of the Deputy Commissioner:--

section 78 and section 241.

_______________________________

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

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

(1) Notwithstanding anything contained in section 327, the Government may appoint a Municipal Commissioner for any¹[city municipal area].

(2) On the appointment of a Municipal Commissioner, the appointment of Chief Officer, if any, shall forthwith terminate.

(3) The Government may, at the time, discontinue the appointment of a Municipal Commissioner for any¹[municipal area] for which such appointment has been made.

_______________________________

1. Substituted by Act 36 of 1994 w.e.f. 1.6.1994.

(1) A Municipal Commissioner may be removed from office at any time by the Government if it shall appear to the Government that he is incapable of performing the duties of his office or has been guilty of any misconduct or neglect which renders his removal expedient.

(2) The Municipal Commissioner of a¹[municipal area] shall be transferable from that office by the Government if at a special general meeting of the municipal council called for the purpose, not less than three-fourths of the total number of councillors vote for such transfer.

_______________________________

1. Substituted by Act 36 of 1994 w.e.f. 1.6.1994.

A municipal Commissioner shall receive such monthly salary payable wholly by the municipal council or partly by the municipal council and partly by the Government, as the Government may from time to time, determine with due regard to the resources of the¹[municipal area].

_______________________________

1. Substituted by Act 36 of 1994 w.e.f. 1.6.1994.

A Municipal Commissioner shall devote his whole time and attention to the duties of his office as prescribed in this Act or in any other enactment for the time being in force, and shall not engage in any other profession, trade or business whatever:

Provided that the government may assign to him any other work of local importance or interest, if in its opinion, he can perform such additional work without prejudice to his duties as Municipal Commissioner.

(1) The Government may from time to time, in consultation with the Municipal Council, grant leave of absence for such period as it thinks fit to a Municipal Commissioner.

(2) The allowance to be paid to a Municipal Commissioner while absent on leave, shall be regulated by the rules for the time being in force relating to the leave allowances of salaried servants of the Government of his class.

(3) During any absence on leave, or other temporary vacancy in the office of the Municipal Commissioner, the Government may appoint a suitable person to act as Municipal Commissioner. Every person so appointed shall exercise the powers and perform the duties conferred and imposed by or under this Act or by any other enactment for the time being in force on the Municipal Commissioner, and shall be subject to the same liabilities, restrictions and conditions to which the said officer is liable.

When Government appoints a Municipal Commissioner, the municipal council shall, unless specially exempted wholly or in part from the liability by the Government, contribute to his pension and leave allowances to the extent required by the prescribed rules.

(1) The municipal council may require the Municipal Commissioner to furnish it with, --

(a) any return, statement, estimate, statistics, or other information regarding any matter appertaining to the administration of this Act or to the municipal government of the¹[municipal area];

(b) a report on any such matter; and

(c) a copy of any document in his charge:

Provided that in emergent cases which do not admit a delay till a meeting of the municipal council is called, the president may call for the information, return, statistics, estimate, or other information, referred to above.

(2) The Municipal Commissioner shall comply with every such requisition without unreasonable delay.

_______________________________

1. Substituted by Act 36 of 1994 w.e.f. 1.6.1994.

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:--

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.

Whenever any officer is authorised by the municipal council to exercise any power or perform any function under this Act or any rule or bye-law made thereunder or under any other law, the Municipal Commissioner or the Chief Officer shall also be deemed to have been authorised to exercise such power or perform such function.

The Municipal Commissioner and the Chief Officer shall have the right to attend the meetings of the municipal council and of any committee of the council and to take part in the discussion but shall not have the right to move any resolution or to vote.

Whoever disobeys or fails to comply with a lawful direction given by the Municipal Commissioner or Chief Officer in any matter shall be punishable in the same manner as a person who disobeys or fails to comply with a lawful direction given by the municipal council in the same matter.

(1) A Municipal Commissioner or Chief Officer shall have, independently of such powers as may be delegated to him by the municipal council in this behalf, power without the sanction of the municipal council, --

(a) to appoint, subject to the rules for the time being in force, a competent person to any post under the municipal council, the monthly salary of which does not exceed¹[such amount as may be prescribed];

(b) to grant, subject to the rules for the time being in force, leave, of absence to the holder of any post to which the Municipal Commissioner or Chief Officer has power to appoint, and to appoint a competent person to act for such holder during such absence;

(c) to fine, reduce, suspend or dismiss, or to impose any other punishment on the holder of any post to which the Municipal Commissioner or Chief Officer has power to appoint.

(2) When a Municipal Commissioner has been appointed under theprovisions of this Act, all other officers and servants employed by the municipal council shall be subordinate to him.

_______________________________

1. Substituted by Act 28 of 1982 w.e.f. 10.8.1982.

343. Orders¹ [subject to appeal] .--

² [(1)] No appeal shall lie to the municipal council in respect of any order passed or anything done by a Municipal Commissioner ³ [x x x] in the exercise of the powers conferred upon him by or under the provisions of this Act except in the case of an order passed or anything done by him under any of the following provisions, namely:--

(i) sub-sections (1) and (2) of section 181, (ii) clause (c) of sub-section(9) of section 187, (iii) sub-section (1) of section 194, (iv) sub-section (2) ofsection 197, (v) sub-section (2) of section 228, (vi) section 230, (vii) section 256, (viii) section 259, (ix) clause (b) of sub-section (1) of section 264, (x) section 269,(xi) clause (c) of sub-section (1) of section 342, in respect of an order of dismissal.

⁴ [(2) In respect of any order passed or anything done by the Municipal commissioner which is not appealable to the municipal council under subsection (1), an appeal shall lie to such officer as the State Government may by rules prescribe in this behalf.]

_______________________________

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

2. Renumbered by Act 34 of 1966 w.e.f. 16.1.1967.

3. Omitted by Act 34 of 1966 w.e.f. 16.1.1967.

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

(1) With the sanction of the municipal council, the Municipal Commissioner may by general or special order in writing delegate to any municipal officer or servant, any of the Municipal Commissioner's powers, duties or functions under this Act or under any rule or bye-law made there under except such as are conferred or imposed upon vested in him under the following sections, namely, 256, 276 and 342.

(2) The exercise or discharge by any municipal officer or servant of any powers, duties or functions delegated to him under sub-section (1) shall be subject to such conditions and limitations, if any, as may be specified in the said order and also to the control of and revision by the Municipal Commissioner.

In any¹[municipal area] for which a Municipal Commissioner has been appointed, notwithstanding anything contained in section 72, the following provisions, with respect to the making of contracts under or for any purposes of this Act shall have effect, namely:--

(a) every such contract shall be made on behalf of the municipal councilby the Municipal Commissioner;

(b) no such contract for any purpose which the Municipal Commissioneris not empowered by this Act to carry out without the approval or sanction of some other municipal authority, shall be made by him until or unless such approval or sanction has first of all been duly given;

(c) no contract for the purchase, sale, lease, mortgage or other transferof immovable property, shall be entered into by the Municipal Commissioner except with the approval or sanction of the municipal council;

(d) no contract which will involve an expenditure exceeding two thousand rupees shall be made by the Municipal Commissioner except with the approval or sanction of the municipal council;

(e) every contract made by the Municipal Commissioner involving an expenditure exceeding two hundred and fifty rupees shall be reported by him, within fifteen days after the same has been made, to the municipal council;

(f) the foregoing provisions of this section shall apply to every variationor discharge of a contract as to an original contract.

_______________________________

1. Substituted by Act 36 of 1994 w.e.f. 1.6.1994.

Notwithstanding anything contained in sub-sections (7) and (8) of section 72, every contract entered into by a Municipal Commissioner or Chief Officer on behalf of a municipal council shall be entered into in such manner and form as would bind such Municipal Commissioner or Chief Officer if such contract were on his own behalf and may in like manner and form be varied or discharged; Provided that, --

(a) where any such contract, if entered into by a municipal council, would require to be under seal, the same shall be sealed with the common seal of the municipal council;

(b) every contract for the execution of any work or the supply of any materials or goods which will involve an expenditure exceeding five hundred rupees shall be in writing and shall be sealed with the common seal of the municipal council and shall specify the work to be done or the materials or goods to be supplied, as the case may be , the price to be paid for such work, materials or goods and, in the case of a contract for work, the time or times within which the same or specified portions thereof shall be completed.

(2) The common seal of the municipal council shall not be affixed to any contract or other instrument, except in the presence of two members of the standing committee, who shall affix their signatures to the contract or instrument in token that the same was sealed in their presence. The signature of the said members shall be distinct from the signature of any witnesses to the execution of any such contract or instrument.

(3) No contract not executed in the manner provided in this section shall be binding on the municipal council.

(1) Except as is otherwise provided in sub-section (3), a Municipal Commissioner shall at least seven days before entering into any contract for the execution of any work or the supply of any materials or goods which will involve an expenditure exceeding five hundred rupees, give notice by advertising in the local newspapers, inviting tenders for such contract.

(2) A Municipal Commissioner shall not be bound to accept any tender which may be made in pursuance of such notice, but may accept, subject to the provisions of clause (d) of section 345, any of the tenders so made which appears to him, upon a consideration of all the circumstances, to be the most advantageous or may reject all the tenders submitted to him.

(3) The municipal council may, subject to the provisions of section 72, authorise the Municipal Commissioner, for reasons which shall be recorded in its proceedings, to enter into a contract without inviting tenders as herein provided or without accepting any tender which he may receive after having invited them.

A Municipal Commissioner shall require security for the due performance of every contract into which he enters under section 345, and may, in his discretion, require security for the due performance of any other contract into which he enters under this Act.