ROBERTSONPET MUNICIPALITY (FORMATION AND MISCELLANEOUS PROVISIONS) ACT, 1964

6 of 1964

27th February, 1964

An Act to form the Robertsonpet Town Municipality and to provide for certain other matters. Whereas, it is expedient to form the Robertsonpet Town Municipality and to provide for certain other matters; Be it enacted by the Karnataka State Legislature in the Fourteenth Year of the Republic of India as follows.

Section 1 Short title and commencement

(1) This Act may be called the Robertsonpet Municipality (Formation and Miscellaneous Provisions) Act, 1964.

(2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

Section 2 Definitions

In this Act, unless the context otherwise requires.

(1) "Appointed day" means the date appointed under sub-section (2) of Section 1;

(2) "Municipality" means the Robertsonpet Town Municipality formed under sub-section (1) of Section 3 and 'municipal council' with reference to the said municipality means, until the constitution of a council, the Administrator appointed under Section 6;

(3) "Panchayat" means a panchayat constituted for any village or group of villages included in the area specified in the Second Schedule;

(4) "Sanitary Board" means the Kolar Gold Field Sanitary Board constituted under the Mysore Mines Act, 1906;

(5) "Schedule" means a Schedule to this Act.

Section 3 Formation of a new Robertsonpet Municipality, etc

(1) As from the appointed day, the area specified in the First Schedule shall be a new town municipality with the name of the Robertsonpet Town Municipality and all the provisions of the Mysore Town Municipalities Act, 1951, and the rules and orders made thereunder shall, subject to the provisions of this Act, be applicable to such area as if the said area had been duly constituted as a municipality under the provisions of the said Act.

(2) As from the appointed day, the areas specified in the First and Second Schedules shall cease to form part of the area included within the jurisdiction of the Sanitary Board.

Section 4 Effect of formation of Robertsonpet Town Municipality and cessation of jurisdiction of Sanitary Board in certain areas

(1) On the formation of the municipality and the cessation of jurisdiction of the Sanitary Board over the areas specified in the First and Second Schedules the following consequences shall ensue, namely.

(a) the Sanitary Board shall cease to exercise any power or perform any function in she areas specified in the First and Second Schedules;

(b) the unexpended balance of the Sanitary Board Fund and all the properties (including arrears of rates, taxes and fees) belonging to the Sanitary Board shall be distributed among the Sanitary Board, the municipal council and the panchayats in such manner as the State Government may, by order, direct;

(c) any appointment, notification, notice, tax, order, scheme, licence, permission, rule, bye-law or form made, issued, imposed or granted under the Mysore Mines Act, 1906, or any rule or bye-law made thereunder, before the appointed day in respect of any area within the jurisdiction of the Sanitary Board, the municipal council or the panchayat, as the case may be, shall continue in force and be deemed to have been made, issued, imposed, or granted in respect of any such area under the Mysore Mines Act, 1906, the Mysore Town Municipalities Act, 1951 or the Karnataka Village Panchayats and Local Boards Act, 1959 as the case may be, until it is superseded or modified by any appointment, notification, notice, tax, order, scheme, licence, permission, rule, bye-law or form, made, issued, imposed or granted under the relevant Act aforesaid;

(d) all debts and obligations incurred and all contracts made by or on behalf of the Sanitary Board before the appointed day and subsisting on the appointed day shall stand transferred in whole or in part to the municipal council or any panchayat in accordance with such orders as the State Government may make in this behalf;

(e) the officers and servants of the Sanitary Board shall be allocated by the State Government between the municipal council and the Sanitary Board in such manner as the State Government may, by order, direct;

(f) all proceedings pending immediately before the appointed day before the Sanitary Board or any committee, officer or other authority of such Board, shall, if it is a proceeding relating exclusively to such area which as from that day is an area comprised within the jurisdiction of the municipal council or panchayat stand transferred to the corresponding authority or officer having jurisdiction in such area:

Provided that if any question arises whether any proceeding should stand transferred under this clause, the decision of the State Government thereon shall be final;

(g) where immediately before the appointed day the Sanitary Board is a party to any legal proceedings with respect to any property, rights or liabilities subject to apportionment under this Act, the municipality or the panchayat which succeeds to or acquires a share in that property or those rights or liabilities by virtue of any provision of this Act shall be deemed to be substituted for the Sanitary Board as a party to those proceedings or added as a party thereto, as the case may be; and the proceedings may continue accordingly.

(2) Notwithstanding anything contained in sub-section (1), the State Government may, in respect of any matter connected with the distribution of any asset or liability among the Sanitary Board, the municipal council and the panchayat, by order, determine the manner or extent of distribution of any such asset or liability among the said authorities, and also provide for such incidental, consequential and supplementary matters as may be necessary to give effect to the provisions of sub-section (1), and any order made under this sub-section.

(3) Where an order is made under sub-section (1) or (2) transferring the assets, rights or liabilities of the Sanitary Board to the municipal council or any panchayat, then, by virtue of that order such assets, rights or liabilities of the Sanitary Board shall vest in and be the assets, rights or liabilities of the municipal council or the panchayat, as the case may be,

(4) Notwithstanding anything contained in sub-section (1) or in any law, for the purpose of giving effect to the provisions of this Act and the proper functioning from and after the appointed day, of the Sanitary Board, the municipal council or any panchayat, the State Government may, by notification in the Official Gazette, make such provision as appears to it to be necessary or expedient.

(a) for making omissions from, additions to and adaptations and modifications of the rules, notifications, orders and bye-laws applicable to any area within the jurisdiction of the Sanitary Board, the municipal council or a panchayat;

(b) for specifying the authority, officer or person who shall be competent to exercise any function under any rule, notification, order or bye-law referred to in the preceding clause.

Section 5 Right to use any specified tank to vest in Government

The right to use any tank situated within the limits of the municipality, specified by the State Government by a notification in the Official Gazette, shall, subject to the rights, if any, of any other person, vest in the State Government.

Section 6 Appointment of Administrator, etc

Notwithstanding anything contained in Mysore Town Municipalities Act, 1951.

(1) the State Government may appoint an officer of Government to be the Administrator for the municipality to function until a municipal council is duly constituted for the municipality;

(2) the Administrator appointed under clause (1) shall exercise the powers, discharge the duties and perform the functions of the municipal council and its president, until the municipal council is duly constituted under the said Act;

(3) such Administrator shall be the Returning Officer for purposes of election to the municipality and shall make arrangements for election to the municipal council so that the newly elected councillors may come into office on a day within one year from the appointed day.

Section 7 Power to make rules

The State Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act.

Section 8 Power of Government to remove difficulties

If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order published in the Official Gazette, do anything which appears to it to be necessary or expedient for the purposes of removing the difficulty.

Section 9 Laying rules before the State Legislature

Every rule made under Section 7 shall be laid as soon as may be after it is made, before each House of the State Legislature while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rules or both Houses agree that the rule should not be made, the rule shall thereafter have effect on] y in such modified form or be of no effect, as the case may be; so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

Section 10 Amendment of certain Acts

The Acts mentioned in the Third Schedule are hereby amended in the manner and to the extent mentioned in the second column thereof.

SCHEDULE 1 SCHEDULE

SCHEDULE [See sub-section (1) of Section 3]FIRST SCHEDULE

[See sub-section (1) of Section 3]

Area forming the Robertsonpet Town Municipality, bounded as follows.

North.A cart-track running from Balaghat-Marikuppam Road to Ooregum Village;

South.Jodi Thammanahalli and Balaganahalli village limits;

East.Survey Numbers 1, 122, 127 of Ooregum Village, boundary limits of Swarnakuppam and Natchakapali Villages, Survey Number 51 of Pottepalli Village, Survey Numbers 17, 22, 23, 25, 29, 30, 46 and 42, 52, 62 and 68 of Masikam Village and boundary limits of Jodi Gollahalli and Gonamakanahalli;

West.The boundary runs towards South from the junction of the cart-track from Ooregum Village to Balaghat-Marikuppam Road up to the first road bridge, situated between Eastern and Western Asoka Nagar and runs by the side of the tailings dump to join Balaghat-Marikuppam road beyond the second road bridge, along which, it proceeds following the tailings dump to join Geetha Road, East of Malayalee Grounds at Survey peg No. K. 9*. Beyond this point, the boundary runs to the West of the Epidemic Diseases Hospital until it takes a turn towards East at Survey peg No. K. 10, North of Mining Quarter No. E.T. 634 to further run along the west compound wall of the existing Sanitary Board Office Building, joining Gifford Road, along which it proceeds up to furlong stone No. 3/1. The boundary continues from this point to pass through the West of the Buddhist Monastery running parallel to the Balaghat Marikuppam road up to the culvert South of Sorkaipet (Susal Palayam), from where it turns towards West to pass through East of Mining.

Quarter No. 15 of Health Camp, thereon West of Numperumal High School Building and runs along the Northern side of Odennel Road up to the end of Police Quarters. Again the boundary runs from here to Tank Bund Road embracing Frank & Co., East of line joining Mining Quarters No. 16-26 and 76 to further run West of Krishnagiri and Pandaram line and join finally the road leading to Lakshmisagar Ookad.

SCHEDULE 2 SCHEDULE

SCHEDULE [See clause (3) of Section 2]SECOND SCHEDULE

[See clause (3) of Section 2]

1. Doddur.

 2. Karpanahalli.

3. Doddurhalli.

 4. Madamuthanahalli.

5. Kulkunda.

 6. Badamakanahalli.

7. Arsandra.

 8. Kadregowdanakote.

9. Peddampalli.

 10. Reddihalli.

11. Thammenahalli.

 12. Kamasandra.

13. Nagasettihalli.

 14. Shimanabandi.

15. Chinnapalli.

 16. Katamapalli.

17. Gatragadanahalli.

 18. Peddapalli.

19. Yarnaganahalli.

 20. Parandahalli.

21.Nakkanhalli.

 22. Kambenahalli.

23. Gangadoddi.

 24. Marikoppa.

25. Suranahalli.

 26. Thurnmanapalli.

27. Balganahalli.

 28. Kottur.

29. Giddegowdanahalli.

 30. Chinnaganahalli.

31. Maliyangurki and Karimanahalli.

 32. Kelkembli.

33. Dodda Kembli.

 34. Barganapalli.

35. Lakshmisagara.

 36. Gattamadamangala.

37. Ballinger.

 38. Byatarayanahalli.

39. Dodda Kalhalli

 40. Kempapur

41. Thanimadagu

 42. Tulampalli

43. Armanahalli

 44. Pura

45. Bodgurki

 46. Jangutta

47. Lakkanahalli

 48. Thavarikere

49. Pedamaripalli

 50. Chinnamaripalli

51. Pitchahalli

 52. Dahanahalli

53. Bogisonnepalli

 54. Ookrahalli

55. Boginahalli

 56. Byraganahalli

57. Burgamakanahalli

 58. Doddavalagamadi

59. Shingarahalli

 60. Aimarasapura

61. Peddachinapalli

 62. Ajamapalli

63. Devaganahalli

 64. Soregowdanakote

65. Chinakote

 66. Kattihalli

67. Dasarahosahalli

 68. Neralekere

69. Thamanahalli

 70. Kavaruhalli

71. Aithanahalli

 72. Gattamadenahalli

73. Krishnarajapur

 74. Major Villages of Karimana halli

75. Kudigal

 76. Pitchapalli

SCHEDULE 3 Short title

SCHEDULE [See Section 10]THIRD SCHEDULE

[See Section 10]

Short title Amendments

The Mysore Mines Act, 1906 (Mysore Act IV of 1906)

 (1) After Section 20 for the heading "Sanitation", the heading "Sanitation and Municipal affairs" shall be substituted.

 (2) In Section 34, in sub-section (1), for the words "special sanitation and sanitary administration", the words "special sanitation, sanitary administration and management of municipal affairs" shall be substituted.

 (3) In Section 35. (A) after sub-section (1), the following sub-section shall be inserted, namely.

"(La) The Sanitary Board constituted under sub-section (1), shall be a body corporate having perpetual succession and a common seal and may sue and be sued in its corporate name and shall, subject to the provisions of rules made by the State Government, be competent to acquire, hold and dispose of property and to contract and do all things necessary for the purposes for which it is constituted";

 (b) in clause (b) of sub-section (2), for the words "Municipal Council" and "municipalities", the words "Town Municipal Council" and "Town Municipalities" shall respectively be substituted.

The Mysore Town Municipalities Act, 1951 (Mysore Act XXII of 1951)

 In section 37, for the words "or with any district board, or with more than one such municipal council or board", the words, figures and brackets "or with any taluk board or with more than one such municipal council or board, or with the Sanitary Board constituted under the Mysore Mines Act, 1906 (Mysore Act IV of 1906)" shall be substituted, and for the words "local bodies", the word "bodies" shall be substituted.