KARNATAKA LOCAL AUTHORITIES (POSTPONEMENT OF ELECTIONS AND CONTINUANCE OF ADMINISTRATORS) ACT, 1965

24 of 1965

18th November, 1965

An Act to provide for the postponement of elections to certain local authorities and the continuance of Administrators of local authorities. Whereas, the President of India has issued a Proclamation of Emergency under clause (1) of Article 352 of the Constitution of India; And whereas, during the present period of continuance of the Emergency it is necessary to postpone the elections to certain local authorities and to continue administrators in respect of certain other local authorities; Be it enacted by the Karnataka State Legislature in the Sixteenth Year of the Republic of India as follows:

Section1 Short title and commencement

(1) This Act may be called the Karnataka Local Authorities (Postponement of Elections and Continuance of Administrators) Act, 1965.

(2) It shall come into force at once.

Section2 Definitions

In this Act, unless the context otherwise requires,

(a) "Local Authority" means a local authority constituted or established under any of the Acts specified in the Schedule to this Act and includes anybody functioning under such Act as is specified in column (1) thereof;

Explanation. For the purposes of this clause 'any body functioning under such Act' shall include any body functioning under Section 381 of the Kamataka Municipalities Act, 1964;

(b) "Proclamation of Emergency" means the Proclamation issued by the President of India on the 26th October, 1962, under clause (1) of Article 352 of the Constitution of India;

(c) "Relevant Act" in respect of any local authority specified in column (1) of the Schedule to this Act means the Act specified in the corresponding entry in column (2) of the said Schedule, under which it is constituted or established or continued to exercise the powers and perform the functions of any such authority.

Section3 Postponement of elections

(1) On the commencement of this Act and during the continuance of the operation of the Proclamation of Emergency, notwithstanding any judgment, decree or order of any Court or other authority or anything contained in any enactment by or under which any local authority is constituted or established, or continued,

(a) no general election to, or election to fill any casual vacancy in, any local authority shall be held, or if any such election 'has commenced, but the poll has not taken place, the election shall not be completed;

(b) the term or extended term of office of the councillors or members of the local authorities, who are in office on the date of commencement of this Act (and whose term or extended term will expire during the period of operation of the Proclamation of Emergency), shall be deemed to be extended upto and inclusive of the last day on which the Proclamation of Emergency remains in operation:

Provided that after the expiry of the term of the said councillors or members of the local authorities as so extended by this section they shall continue in office until the first meeting of the reconstituted local authority at which a quorum is present.

(2) Nothing in sub-section (1) shall be deemed to preclude the supersession of any local authority in accordance with the provisions of the relevant Act.

Section4 Power to appoint Administrator

Notwithstanding anything contained in Section 3, if at any time it appears to the State Government that any local authority is, by reason of the absence of a quorum or for any other reason, unable to exercise the powers and perform or discharge the duties and functions conferred or imposed on it by or under the relevant Act or any other law for the time being in force, the State Government may by notification in the Official Gazette, appoint an Administrator who shall exercise all the powers and perform and discharge the duties and functions of such local authority for such period or periods not exceeding the periods mentioned in clause (b) of sub-section (1) of Section 3, and until the first general meeting of the reconstituted local authority, at which a quorum is present.

Section5 Continuance of Administrators

Notwithstanding anything contained in any enactment, where in respect of any local authority an Administrator has been appointed before the commencement of this Act, the State Government may by order, from time to time, continue the period of such appointment during the period of operation of the Proclamation of Emergency.

Section6 Advisory Council

The State Government may, if it thinks fit, appoint an Advisory Council to advise and assist the Administrator appointed under Section 4 or continued under Section 5 in the exercise of his powers and the performance and discharge of his duties and functions. The members of the Advisory Council shall hold office during the pleasure of the State Government.

Section7 Application of relevant Act

Except as otherwise provided by this Act, the relevant Act shall in all other respects apply to the local authority concerned.

Section8 Certain acts not to have any effect

Notwithstanding any judgment, decree or order of any Court or anything contained in any enactment or law, anything done or any action taken (including notifications, notices or orders issued or poll taken) in respect of any general election to, notices, or election to fill any casual vacancy in any local authority, where such general election or election to fill the casual vacancy has not been wholly completed, shall not have any effect whatsoever and the provisions of Sections 3 and 4 shall have effect as if no such thing was done or action was taken.

Section9 Removal of difficulties

If any difficulty arises in giving effect to the provisions of this Act or in giving effect to the provisions of any relevant Act or any other law for the time being in force relating to any local authority, in respect of which an order has been made under Section 4 or 5, the State Government may, as occasion requires, by notification in the Official Gazette, do anything which appears to it to be necessary for the purpose of removing the difficulty.

Section10 Repeal

The Karnataka Local Authorities (Postponement of Elections and Continuance of Administrators) Ordinance, 1965 is hereby repealed:

Provided that any order issued, anything done or any action taken under the said Ordinance shall be deemed to have been issued, done or taken under the corresponding provision of this Act.

SCHEDULE 1 Local Authorities Act

SCHEDULE

[See Section 2]

Local Authorities Act

Local Authorities

 Act

(1)

 (2)

The Corporation of the City of HubliDharwar

The Bombay Provincial Municipal Corporations Act, 1949 (Bombay Act 59 of 1949).

The Corporation of the City of Bangalore

The City of Bangalore Municipal Corporation Act, 1949 (Karnataka Act 69 of 1949).

Municipal Councils and other Municipal Bodies

The Karnataka Municipalities Act, 1964 (Karnataka Act 22 of 1964).

Taluk Development Boards

The Karnataka Village Panchayats and Local Boards Act, 1959 (Karnataka Act 10 of 1959).

Town Panchayats and Village Panchayats

The Karnataka Village Panchayats and Local Boards Act, 1959 (Karnataka Act 10 of 1959).