Section 365 - Karnataka Municipal Administrative Service in Karnataka Municipalities Act, 1964
Karnataka Municipal Administrative Service.
365. 1 [Karnataka Municipal Administrative Service].--
(1) Notwithstanding anything contained in this Act or in any other law for the time being in force, such posts under every local authority as may be specified by Government shall be filled by appointment of officers belonging to the 2 [Karnataka Municipal Administrative Service] .
(2) (a) With effect from such date as the Government may appoint, officers of local authorities holding the posts specified under sub-section (1) shall become officers of the Government and shall hold their office by the same tenure, at the same remuneration and upon the same terms and conditions of service and with the same rights and privileges as to pension, gratuity, provident fund and such other matters as they would have held the same under the local authority concerned and shall continue to do so until their remuneration, terms and conditions of service including the privileges as to pension, provident fund and gratuity are altered by rules or other provisions made 2 [under the Karnataka State Civil Services Act, 1978], and any such alteration shall have effect, notwithstanding anything contained in any contract or law for the time being in force.
(b) Notwithstanding anything contained in the Industrial Disputes Act, 1947 (Central Act XIV of 1947), or in any other law for the time being in force the transfer of the services of any officer of a local authority by virtue of clause (a) shall not entitle any such officer to any compensation under that Act or other law and no such claim shall be entertained by any court, tribunal or other authority.
(3) A municipal council may, if it deems necessary, by a resolution passedby two-thirds of the total number of members of the municipal council recommend to the Government the taking of such disciplinary action as may be necessary against any officer belonging to the said service in respect of any misconduct by him.
Explanation.-- For purposes of this section and section 367, "local authority" means a municipal corporation, municipal council, notified area committee, Sanitary Board, City Improvement Board, Town Improvement Board or Planning Authority constituted under any law for the time being in force.
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1. Adapted by the Karnataka Adapatations of Laws Order, 1973 w.e.f. 1.11.1973.
2. Substituted by Act 14 of 1990 w.e.f. 2.4.1992 by notification. Text of the notification is at page 895.