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Section 310 - Government Inquiry into Municipal Matters in Karnataka Municipalities Act, 1964

snapp 310 KMA 1964 0 Notes

Government Inquiry into Municipal Matters.

(1) The Government may order an inquiry to be held by any officer appointed by it in this behalf into, --

(i) any matters concerning the municipal administration of any1[municipal area], or

(ii) any act or conduct of any municipal authority, officer or servant, or

(iii) any matter with respect to which the sanction, approval or consentof the Government is required under this Act.

(2) The officer holding such inquiry shall, for the purpose thereof, havethe powers which are vested in a court under the Code of Civil Procedure, 1908, in respect of the following matters:--

(a) discovery and inspection;

(b) enforcing the attendance of witnesses and requiring the deposit of their expenses;

(c) compelling the production of documents;

(d) examining witnesses on oath;

(e) granting adjournments;

(f) reception of evidence taken on affidavit; and

(g) issuing commissions for the examinations of witnesses;

and may summon and examine suo motu any person whose evidence appears to him to be material; and shall be deemed to be a civil court within the meaning of sections 480 and 482 of the Code of Criminal Procedure, 1898.

Explanation.--For the purpose of enforcing the attendance of witnesses, the local limits of such officer's jurisdiction shall be the limits of the2[State of Karnataka].

(3) The reasonable expenses incurred by any person in attending to give evidence may be allowed by the officer holding the inquiry to such person and shall be deemed to be part of the costs.

(4) Costs shall be in the discretion of the Government and the Government shall have full power to determine by and to whom and to what extent such costs are to be paid, and to allow interest on costs at a rate not exceeding six per cent per annum; and such costs and interest shall be leviable as an arrear of land revenue.

(5) The Government after considering the report of the inquiry made by the officer appointed under sub-section (1), may give such directions or pass such orders as it considers necessary and where any such direction is given to the municipal council, the municipal council shall comply with such direction.

(6) It shall be lawful for the Government to give any direction or pass any order under sub-section (5), which any officer subordinate to it could pass under any provision of this Act.

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

2. Adapted by the Karnataka Adaptations of Laws Order. 1973 w.e.f. 1.11.1973.

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