The KARNATAKA GRAM SWARAJ AND PANCHAYAT RAJ ACT, 1993
Karnataka · state statute
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THE KARNATAKA 1[GRAM SWARAJ AND PANCHAYAT RAJ]1 ACT, 1993
ARRANGEMENTS OF SECTIONS
Statement of Objects and Reasons
Sections :
CHAPTER I
PRELIMINARY
1. Short title and commencement.
2. Definitions.
CHAPTER IA
Directive Principles of panchayat policy
2A. Directive principles of panchayat policy
CHAPTER II
GRAMA SABHA
3. Units of Gram Swaraj
3A. Functions and powers of the Habitation sabha
3B. Meetings of Habitation sabha
3C. Ward Sabha
3D. Meetings of the Ward Sabha
3E. Gram Sabha
3F. Duties of Gram Sabha
3G. Meetings of Gram Sabha
3H. Special meeting of the Gram Sabha
CHAPTER III
CONSTITUTION OF GRAMA PANCHAYATS AND STANDING COMMITTEES
4. Declaration of panchayat area and establishment of Grama Panchayats.
5. Constitution of Grama Panchayat.
6. Incorporation of Grama Panchayat.
7. Method of voting and procedure for election.
8. Appointment of an Administrative Committee or Administrator on failure to elect members of
Grama Panchayats.
9. Right to vote.
10. List of voters.
11. Qualification for membership.
12. Disqualification for members.
13. Vacation of seat by members.
14. Prohibition of simultaneous membership.
15. Election petition.
16. Contents of the petition and relief that may be claimed.
17. Trial of election petition.
18. Decision of the Civil Judge (Junior Division).
19. Grounds for declaring election to be void.
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20. Grounds on which a candidate other than the returned candidate may be declared to have
been elected.
21. Procedure in case of equality of votes.
22. Corrupt practices.
23. Order as to corrupt practices.
24. Communication of orders.
25. Fresh election if seat becomes vacant.
26. Prohibition of canvassing in or near polling station.
27. Penalty for disorderly conduct in or near polling stations.
28. Penalty for misconduct at polling station.
29. Maintenance of secrecy of voting.
30. Officer etc., at election not to act for candidate or influence voting.
31. Breaches of official duty in connection with election.
31A. Offence of booth capturing.
31B. Penalty for Government servants for acting as election agent, polling agent or counting
agent.
32. Removal of ballot papers from polling stations to be an offence.
33. Other offences and penalties thereof.
34. Promotion of enemity between classes in connection with election.
35. Prohibition of public meetings on the day preceding the election day and on the election day.
36. Power of Deputy Commissioner to prohibit fairs etc., on election day.
37. Disturbance at election meetings.
38. Restrictions on the printing of pamplets, posters, etc.
39. Penalty for illegal hiring or procuring of conveyance at election.
40. Prosecution in certain offences.
41. Term of office.
42. Commencement of term of office.
43. Resignation of a member.
43A Removal of members
43B. Members to declare assets and liabilities
44. Election of Adhyaksha and Upadhyaksha.
45. Procedure for election of Adhyaksha and Upadhyaksha on the establishment of Grama
Panchayat etc.
46. Term of office and conditions of service of Adhyaksha and Upadhyaksha.
47. Appointment of Adhyaksha during vacancy in the office.
48. Resignation or removal of Adhyaksha and Upadhyaksha.
49. Motion of no-confidence against Adhyaksha or Upadhyaksha of Grama Panchayat.
50. Procedure at meetings.
51. Casual Vacancies.
52. Meeting of the Grama Panchayat.
53. Quorum and procedure.
54. Modification or cancellation of resolution.
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55. Minutes.
56. Interpellations and resolutions.
57. Validity of proceedings.
CHAPTER IV
FUNCTIONS, DUTIES AND POWERS OF GRAMA PANCHAYAT ADHYAKSHA AND UPADHYAKSHA
58. Functions of Grama Panchayat.
58A. Duties of Grama Panchayat to report regarding Bonded Labour System etc.,
58B. Duty of Gram Panchayat to prevent traditional, social and religious
practices that denigrate human dignity.
58C. Duty of Gram Panchayat to prevent sexual harassment of women
58D. Duty to recover possession of encroached property of Gram Panchayat
other than Revenue Land
58E. Duty to maintain hygiene
58F. Dangerous quarrying, bore wells, open wells and ponds
59. Assignment of functions.
60. General powers of the Grama Panchayat.
60A. Mode of making contracts
60B. Community contracts
61. Standing Committees.
61A. Other committees.
61B. Omitted.
62. Powers and duties of the Adhyaksha and Upadhyaksha.
63. Power of Grama Panchayat as to roads, bridges, etc.
64. Regulation of the erection of buildings.
65. Power of Government to prohibit and regulate the erection of buildings in certain areas
without permission.
66. Permission for the construction of factories and the instalation of machinery.
67. Prohibition of offensive or dangerous trades without licence.
68. Control of hotels etc.
69. Licensing of shops.
70. Provisions applicable to permissions and licences under sections 66, 67, 68 and 69.
71. Transfer of institutions or works to Grama Panchayats.
72. Obstructions and encroachments upon public streets and open sites.
73. Power to name streets and number buildings.
74. Removal of structures, trees, etc., which are in ruins or likely to fall.
75. Power as to sanitation, conservancy and drainage.
76. Contribution from persons having control over places of pilgrimage, etc,.
77. Power for providing adequate water supply.
78. Power of Grama Panchayat to make bye-laws regarding provisions of water supply.
79. Appointment of Joint Committees.
80. Power of entry.
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81. Filthy buildings etc.
82. Powers and duties in regard to sources of water supply.
83. Remedy for non-compliance with directions issued.
84. Power to set apart public springs, etc., for certain purposes.
85. Power to prohibit use of water from certain sources.
86. Penalty for using water for certain purposes.
87. Abatement of nuisance from foul water.
88. Closing of places for the disposal of the dead.
89. Power of entry into building, etc., where infectious disease exists.
90. Disinfection of buildings, etc,.
91. Articles exposed to infection.
92. Registration of burial and burning grounds.
93. Licensing of places for disposal of the dead.
94. A book to be kept of places registered, licensed, or provided.
95. Prohibition against burying or burning, in unauthorised places.
96. Notice of burials, etc., to be given to Grama Panchayat.
97. Public landing places, cart stands, etc.
98. Regulation of huts.
99. Power for making drains.
100. Sufficient drainage of houses.
101. Power of owner or occupier of buildings or lands to drain into Grama Panchayat drains.
102. Rights to carry drain through land or into drain belonging to other persons.
103. Rights of owner of land through which drain is carried in regard to subsequent building
thereon.
104. Provision of privies, etc.
105. Cost of altering, repairing and keeping in proper order privies ,etc.
106. Inspection of drains, etc.
107. Dangerous querying.
108. Using offensive substance, etc.
109. Emission of smoke.
110. Prohibition of nuisance.
CHAPTER IVA
DUTIES AND REPONSIBILITIES OF PACHAYAT MEMBERS
110A. Duties and responsibilities of panchayat members
CHAPTER V
STAFF OF GRAMA PANCHAYATS and the Karnataka panchayat administrative service
111. Panchayat Development Officer and other officers.
112. Staffing pattern and schedule of employees.
113. Appointment and control of employees.
113A. Arrangements of additional technical staff for Grama Panchayat.
CHAPTER VI
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CONVERSION OF SMALLER URBAN AREA OR A TRANSITIONAL AREA AND AMALGAMATION
114. Interpretation.
115. Effect of conversion of a smaller urban area or a transitional area into panchayat area.
116. Term of office of members of interim Grama Panchayat and their powers.
117. Effect of amalgamation of panchayat areas.
118. Effect of division of panchayat area.
CHAPTER VII
CONSTITUTION OF TALUK PANCHAYAT
119. Establishment of Taluk Panchayat and its incorporation.
120. Constitution of Taluk Panchayat.
121. Elected members
122. Determination of elected members after each census.
123. Reservation of seats.
124. Delimitation of territorial constituencies.
125. Right to vote.
126. List of voters.
127. Qualifications of a candidate.
128. Disqualification for members.
129. Vacancy of seat.
130. Method of voting and procedure for election.
131. Prohibition of simultaneous membership.
132. Application of certain sections relating to elections.
133. Publication of names of members.
134. Term of office of members.
135. Resignation of members.
136. Removal of members
136A. Members to declare assets and liabilities
136B. Cessation of Membership
137. Casual vacancies how to be filled up.
138. Election of Adhyaksha and Upadhyaksha and term of office.
139. Salary and allowances to the Adhyaksha, Upadhyaksha and other members.
140. Resignation or removal of Adhyaksha and Upadhyaksha.
141. Meetings of Taluk Panchayat.
142. Interpellations and resolutions.
143. Taluk Panchayat may require the presence of officers of the Government or of any
Government committee, company or corporation involved in rural development as notified
by government at meetings.
144. Validity of proceedings.
CHAPTER VIII
FUNCTIONS, DUTIES AND POWERS OF TALUK PANCHAYAT ADHYAKSHA AND UPADHYAKSHA
FUNCTIONS OF TALUK PANCHAYAT
145. Functions of Taluk Panchayat.
145A. Consolidation and integration of plans
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145B. Dangerous quarrying, bore wells, open wells and ponds
145C. Biodiversity, social forestry and ecology
145D. Knowledge management
146. Assignment of functions.
147. General powers of the Taluk Panchayat.
148. Standing Committees.
149. Functions of the standing committees.
150. Procedure of committees.
151. Delegation of powers.
152. Powers and duties of the Adhyaksha.
153. Powers and duties of the Upadhyaksha.
154. Mode of making contracts
CHAPTER XI
STAFF OF TALUK PANCHAYAT
155. Executive officer and other staff.
156. Functions of the Executive officer and other officers and officials.
157. Executive Officer's right to requisition records, etc,.
CHAPTER X
ZILLA PANCHAYAT
CONSTITUTION OF ZILLA PANCHAYAT
158. Establishment of Zilla Panchayat and its incorporation.
159. Constitution of Zilla Panchayat.
160. Elected members.
161. Determination of elected members after census.
162. Reservation of seats.
163. Delimitation of territorial constituencies.
164. Right to vote.
165. Electoral roll.
166. Qualification of a candidate.
167. Disqualification for members.
168. Vacancy of seat .
169. Method of voting and procedure for election.
170. Prohibition of simultaneous membership.
171. Application of certain sections relating to elections.
172. Publication of names of members.
173. Term of office of members.
174. Resignation of members.
175. Removal of members
175A. Members to declare assets and liabilities
175B. Cessation of Membership
176. Casual vacancy.
177. Election of Adhyaksha, Upadhyaksha and term of office.
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178. Salary and allowances to the Adhyaksha and Upadhyaksha and other members.
179. Resignation or removal of Adhyaksha and Upadhyaksha.
180. Meetings of Zilla Panchayat.
181. Interpellations and resolutions.
182. Zilla Pa nchayat may require the presence of officers of the Government or of any
Government committee or company or corporation as may be notified by Government at
meetings
183. Validity of proceedings.
CHAPTER XI
FUNCTIONS, DUTIES AND POWERS OF ZILLA PANCHAYAT, ADHYAKSHA AND UPADHYAKSHA
184. Functions of Zilla Panchayat.
185. Assignment of functions.
186. Standing committees.
187. Functions of the standing committees.
188. Procedure of committees.
189. Delegation of powers.
190. Power to divert, discontinue or close road.
191. General powers of Zilla Panchayat.
192. Control of unwieldy traffic.
193. Powers and duties of the Adhyaksha.
194. Powers and duties of the Upadhyaksha.
195. Mode of making contracts.
CHAPTER XII
STAFF OF ZILLA PANCHAYAT
196. Chief Executive Officer and other officers.
197. Functions, powers and duties of the Chief Executive Officer and other officers.
198. Chief Executive Officer's right to requisition records, etc,.
CHAPTER XIII
TAXES AND FEES
199. Levy of taxes, rates, etc., by Grama Panchayats.
199A. Revision of taxes and rates
199B. Issuing new Khata or PID to the properties
199C. Taxes on building and unconverted land or converted land but unapproved layout i n a
revenue land
200. Recovery of taxes and other dues.
201. Appeal against assessment, etc.
202. Composition of taxes in factory areas.
203. Agency for collection.
CHAPTER XIV
LEVY OF CESSES ETC. AND GRANT OF FINANCIAL ASSISTANCE BY GOVERNMENT
204. Levy of local cess etc,.
205. Duty on transfer of immoveable properties.
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206. Grant to Grama Panchayats.
207. Establishment grant to Taluk Panchayats and Zilla Panchayats.
208. Discretionary grant.
CHAPTER XV
PROPERTIES AND FUNDS OF PANCHAYATS
209. Grama Panchayat may acquire, hold and dispose off property etc,.
210. Vesting of property in Grama Panchayat.
211. Decision of claims to property by or against Grama Panchayat.
212. Grama Panchayat Fund.
213. Application of Grama Panchayat Fund and property.
214. Grama Panchayat may raise loans and form a sinking fund.
215. Taluk Panchayat may acquire, hold and dispose off property etc,.
216. Vesting of property in Taluk Panchayat.
217. Decision of claims to property by or against Taluk Panchayat.
218. Taluk Panchayat Fund.
219. Application of Taluk Panchayat Fund and property.
220. Taluk Panchayat may raise loans and form a sinking fund.
221. Rents and fees.
222. Zilla Panchayat may acquire, hold and dispose off property etc.
223. Vesting of property in Zilla Panchayat.
224. Decision of claims to property by or against Zilla Panchayat.
225. Zilla Panchayat Fund.
226. Custody and investment of Zilla Panchayat Fund.
227. Application of Zilla Panchayat Fund and property.
228. Rents and fees.
229. Zilla Panchayat may raise loans and form a sinking fund.
230. Prohibition of expenditure not covered by the budget.
231. Government may place roads and other property under Zilla Panchayat.
CHAPTER XVI
Administration, inspection, supervision, and creation of commissionerrate of Gram Swaraj
and Panchayat Raj
232. Power of inspection and supervision.
232A. Constitution of Commissionerrate of Panchayat Raj
232B. Constitution of the Karnataka Panchayat Administrative Service
233. Technical supervision and inspections.
234. Government and Chief Executive Officer's powers in respect of Grama Panchayat, Taluk
Panchayat and Zilla Panchayat.
235. Power of Government, Zilla Panchayat and Taluk Panchayat to provide for performance of
duties in default of Grama Panchayat, Taluk Panchayat or Zilla Panchayat.
236. Inquiry into affairs of Grama Panchayat, Taluk Panchayat, Zilla Panchayat by the
Government.
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237. Power of suspending execution of unlawful orders or resolution.
238. Purchase of stores and equipments.
239. Power to appoint Administrator in certain cases.
240. Government's power to specify the role of Panchayats.
CHAPTER XVII
FINANCIAL CONTROL AND AUDIT
241. Presentation of accounts and budget of Grama Panchayat.
242. Revision of budget.
243. Maintenance of accounts and restriction of expenditure.
244. Transmission of accounts.
245. Power to write off irrecoverable amounts.
246. Audit of accounts.
247. Presentation of accounts and budget of Taluk Panchayat.
248. Revision of budget.
249. Supplementary budget.
250. Maintenance of accounts and restriction of expenditure.
251. Transmission of accounts.
252. Power to write off irrecoverable sums.
253. Audit of accounts.
254. Action by Taluk Panchayat on audit report.
255. Recovery of amounts disallowed.
256. Presentation of accounts and budget of Zilla Panchayat.
257. Revision of budget.
258. Supplementary budget.
259. Maintenance of accounts and restriction of expenditure.
260. Transmission of accounts.
261. Power to write off irrecoverable sums.
262. Audit of accounts.
263. Action by Zilla Panchayat on audit report.
264. Recovery of amounts disallowed.
265. Procedure for recovery of dues of Zilla Panchayat and Taluk Panchayat.
266. Conditions of distraint and sale.
267. Finance Commission.
CHAPTER XVIII
MISCELLANEOUS
268. Dissolution of panchayats.
269. Appeals.
270. Power over decisions of committees.
271. Requisitioning of premises, vehicles, etc. for election purpose.
272. Payment of compensation.
273. Power to obtaining information.
274. Power of entry into and inspection of premises ,etc,.
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275. Eviction from requisitioned premises.
276. Release of premises from requisitioning.
277. Penalty for contravention of any order regarding requisition.
278. Penalty for acting as a member, Adhyaksha or Upadhyaksha when disqualified.
279. Penalty for interested member voting.
280. Penalty for acquisition by officer or servant of interest in contract.
281. Wrongful obstruction of certain officers.
282. Prohibition against obstruction of Adhyaksha or Upadhyaksha, etc.
283. Prohibition against removal or obliteration of notice.
284. Penalty for not giving information or giving false information.
285. Bidding prohibited.
286. Application of the term " Public Servant" to members of panchayats and their officers a nd
servants.
287. Fines to be credited to the Panchayat Fund.
288. Damage to any property of panchayats and how made good.
289. Restrictions with respect to institution of suit against a panchayat.
290. Government not to obtain licences and permissions.
291. Injunctions not to be granted in election proceedings.
292. Punishment for disobedience of orders and notices not punishable under any other section.
293. In default of owner or occupier, panchayat may execute works and recover expenses.
294. Expenses or costs how determined and recovered.
295. Bar of suits, etc.
296. Jurisdiction of Magistrate.
296A. Grievance Redressal Authority
296B. Powers and functions of the Grievance Redressal Authority
296C. Appeal
296D. Term of office of the Grievance Redressal Authority
296E. Resignation and removal
296F. Procedures before the Grievance Redressal Authority
296G. Matters not subject to investigation
296H. Transfer of pending cases
296I. Action taken report
297. Alternative procedure by suit.
298. Punishment for offences under this Act and powers to compound.
299. Powers of police officers.
300. Annual administration report.
301. Adjustment of Government dues, etc.
302. Consequences of absorption of part of Panchayat area or on an area within the limits of the
district or Taluk into a larger urban area etc,.
302A. Constitution of new district or taluk by altering limits of the existing district and taluks.
302B. Consequences of absorption of part of a Panchayat area or any area wi thin the limits of a
District or Taluk in another Panchayat area, Taluk or District.
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303. Transfer of property may be subject to conditions.
304. Saving of acts and proceedings.
305. Procedure for consultation.
306. Method of serving notices, etc.
307. Official display of flag.
308. State Election Commission.
308A. Staff of certain authorities to be made available for election work
308AA. Schedule of elections
308AB. Notification of dates for nominations etc
308AC. Prevention of corrupt practices during elections
308AD. Account of election expenses and maximum thereof
308B. Lodging of Account with the Returning Officer.
308C. Failure to lodge on account of election expenses.
308D. Returning officer et. deemed to be on deputation to State Election Commission.
308-E. Constitution of the Karnataka Panchayat Raj Delimitation Commission.
308-F. Functions of the Karnataka Panchayat Raj Delimitation Commission.
308-G. Powers of the Karnataka Panchayat Raj Delimitation Commission.
308-H. Meeting of the Karnataka Panchayat Raj Delimitation Commission.
308-I. Employees of the Karnataka Panchayat Raj Delimitation Commission.
308-J. Power to issue Directions.
308-K. Proceedings of the Delimitation Commission not to be invalidated by vacancies or absence.
308-L. Protection of action of taken in good faith.
308-M. Power to remove difficulties.
309. Preparation of development plan.
309A. Decentralized planning for panchayats
309B. Vision Plan
309C. Taluk Panchayat plan
309D. Taluk planning and development committee
309E. The process of planning and development
309F. Zilla Panchayat Plan
309G. District development plan
309H. Action taken report
310. District Planning Committee.
310A. State Panchayat Council.
310B. Karnataka state decentralised planning and development Committee
CHAPTER XIX
RULES, REGULATIONS AND BYE-LAWS
311. Power of Government to make rules.
312. Amendment of Schedules I, II and III.
313. Power of Zilla Panchayat to make regulations.
314. Power of Taluk Panchayat to make regulations.
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315. Power of Gram Panchayat to make bye-laws
315A. Power of Government to cancel or modify bye-laws of Gram
Panchayat
316. Power of Government to make model regulations and bye -laws and adoption of such
regulations and bye-laws by the panchayats
317. Power of Government to adapt laws.
318. Repeal and savings.
319. Orders bringing this Act into force.
320. Rules and orders to be laid before the Houses of the State legislature.
321. Removal of difficulties.
SCHEDULE I
SCHEDULE II
SCHEDULE III
SCHEDULE IV
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STATEMENT OF OBJECTS AND REASONS
I
Act 14 of 1993. - The Karnataka Panchayat Raj Bill, 1993 seeks to replace the Karnataka
Zilla parishads, Taluk Panchayat Samithis, Mandal Panchayats and Nyaya Panchayats Act, 1983
consequent upon the changes proposed in the seventy-second Constitution (Amendment) Bill, 1991.
The Bill is to establish a three -tired Panchayat Raj System in the State with the elected bodies at
Grama, Taluk and District levels for greater participation of the people and more effective
implementation of rural developed programes in the State.
The following are the salient features of the Bill:-
1. Establish a three -tiered panchayat system in the State based on the population as
ascertained at the last preceding census of which the figures have been published. It envisages
elected bodies at all the three levels.
2. It provides for reservation of seats in favor of Scheduled Castes and Scheduled Tribes in
proportion of their population and for reservation of one- third seats for women at all levels.
3. It also provides for reservation of seats and offices of chair persons at all levels for the
persons belonging to Backward Classes of citizens.
4. It also provides for reservation of offices of chair persons at all levels in favour of Scheduled
Castes and Scheduled Tribes and women.
5. It also envisages consti tution of State Election Commission, the Finance Commission and
district Planning Committee.
Hence the Bill.
(Obtained from L.A. Bill No. 21 of 1993.)
II
Amending Act 10 of 1995. - It is considered necessary to amend the Karnataka Panchayat
Raj Act, 1993,-
(i) to provide for the Government to specify Backward Classes by issue of notification and not by
making rules;
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(ii) to provide reservation separately to the extent of eighty percent and twenty per cent for
category-A and category -B respectively, o ut of seats and offices of chairperson reserved in favour of
Backward Classes;
(iii) to provide for one member for a population of eighteen thousand or part thereof for the Zilla
Panchayat in Kodagu District; and
(iv) to delete the provisions which prov ide a minimum reservation of fifteen percent for Scheduled
Castes and three per cent for Scheduled Tribes irrespective of their ratio of population.
As the matter was urgent and the karnataka Legislative Assembly was not in session, the
Karnataka Panchaya t Raj (Amendment) ordinance, 1995 (Karnataka Ordinance 1 of 1995) was
promulgated.
Hence the Bill.
(Obtained from L.A. Bill No. 8 of 1995.)
III
Amending Act 9 of 1996. - It is considered necessary to make the following amendments to
the Karnataka Panchayat Raj Act, 1993, namely:-
(1) To amend Sections 156 and 197 so that Chief Executive Officer and the Executive Officer
and other Officials of Zilla Panchayat and Taluk Panchayat to function subject to the general powers
of Superintendence, and control of Adhyakshas.
(2) To amend Sections 152 and 193 to confer the status of executive head on the Adhyakshas of
the Taluk Panchayat and Zilla Panchayat.
(3) To amend Section 159 to provide that the members of the House of people and members of
State Legislative Assembly whose constituencies lie within the area of jurisdiction of Zilla Panchayat
and members of Council of State and members of State Legislative Council who are registered as
electors within the area of Jurisdiction of Zilla Panchayat shall alo ne be the members of Zilla
Panchayat.
Hence the Bill.
(Obtained from L.A. Bill No. 2 of 1996.)
IV
Amending Act 17 of 1996. - It is considered necessary to amend the Karnataka Panchayat
Raj Act, 1993, to:-
(i) dispense with the requirement of quorum o f members in an adjourned meeting, if any
meeting called for the purpose of election of Adhyaksha or Upadhyaksha is adjourned to the following
day or to a further day for want of quorum.
(ii) restrict the term of office of Adhyaksha and Upadhyaksha of Tal uk Panchayat or Zilla
Panchayat to twenty months.
(iii) restrict the term of office of every member of the standing Committee of Taluk Panchayat or
Zilla Panchayat to twenty months.
(iv) to replace the words " surcharge" with " additional stamp duty".
Hence the Bill.
(Obtained from L.A. Bill No. 20 of 1996.)
V
Amending Act 1 of 1997. - It is considered necessary to amend the Karnataka Panchayat
Raj Act, 1993,-
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(i) to provide for the officers who preside over the first meeting of Grama Panchayats, T aluk
Panchayats and Zilla Panchayats for conducting elections to the offices of Adhyaksha and
Upadhyskha should also preside over the subsequent meetings convened for filling up the vacancies
in the office of Adhyaksha and Upadhyaksha;
(ii) to enable the Upadhyaksha of Taluk Panchayats and Zilla Panchayats to exercise the powers
of Adhyaksha when the office of Adhyaksha is vacant.
(iii) to enable the Upadhyaksha of Taluk Panchayats and Zilla Panchayats to preside over the
meetings of Zilla Panchayat and Taluk Panchayat, when the office of Adhyaksha is vacant.
Certain consequential changes are also made.
Hence the Bill.
(Obtained from L.A. Bill No. 5 of 1997.)
VI
Amending Act 10 of 1997. - It is considered necessary to amend the Karnataka Panchayat
Raj Act, 1993, for the following reasons, namely:-
The Hon'ble High Court of Karnataka in W.P.No.7547/97 had held that the Adhyaksha or
Upadhyaksha elected to fill casual vacancy of a Taluk Panchayat or Zilla Panchayat will hold office
for the full term of twenty months. However the intention of the law is to limit such period to the
remainder of the period for which the Adhyaksha or Upadhyaksha in whose place he has been
elected would have held the office. In order to specify the above intention provisos t o sub-section (3)
in both Sections 138 and 177 have been inserted, with effect from twenty fourth October, 1996.
The provisions relating to amalgamation of panchayat areas is proposed to be re -worded.
It is also proposed to state in detail, the consequences of absorption of part of a Panchayat area or
an area within the limits of a district or taluk into a larger urban area, smaller urban area or
transitional area and conversion of any area within the limits of panchayat area or taluk is converted
into a smaller urban area or transitional area; and
The consequences of Constitution of new district or taluk by altering the limits of the existing
districts and taluks.
Hence the Bill.
(Obtained from L.A. Bill No. 21 of 1997.)
VII
Amending Act 29 of 1997. - The State of Karnataka having pioneered the decentralised
administration system of Panchayat Raj Institutions in the State by legislating the Karnataka
Panchayat Raj Act, 1993 and being earnest in rendering these institutions effective as units of local -
self-Government at all tires, appointed an Expert Committee under the Chairmanship of Sri
P.R.Nayak, for the purpose of making suggestions for better administration and functioning of these
institutions in the State. The Committee having submitted its rep ort in March 1996, which the State
Government accepted, and in contemplation of implementing these recommendations, it is now
proposed to bring about comprehensive amendment to the Karnataka Panchayat Raj Act, 1993 to
provide for the following, interalia:-
(1) To make the preamble of the Act expressly declare that the Panchayat Raj Institutions should
function as units of local-self -Government.
(2) Consequently upon the 74th Constitutional amendment, to nomenclature the urban local
bodies like Sanitary B oards, Town Boards, and Notified area committees uniformly as 'Town
Panchayat'.
15
(3) To entrust the task of determining the number of elected members, reservation of seats for
different categories, delimitation of territorial constituencies, and publicatio n of names of elected
members of all the Grama Panchayats to the State Election Commission, an independent body.
(4) To provide for disqualifying such members of the panchayat institutions who are directly or
indirectly involved in the execution of works and supply of goods and services to the Panchayats and
who have not provided sanitary latrines for the use of members of their family.
(5) To explain and provide punishment for the offence of Booth Capturing and to curb the
tendency of Government servant s acting as election agents, polling agents or counting agents by
imposing rigorous penalty.
(6) To require the Adhyakshas of the panchayats to cause the letter of resignation of members
to be placed at the meeting of the panchayat.
(7) To provide for removal of members of Grama Panchayat for defined misconduct.
(8) To specify that the election to the office of Adhyaksha and Upadhyaksha of Panchayat Raj
Institutions be held, within one month from the publication of names of elected members.
(9) To prov ide a measure of stability to the term of office of Adhyaksha and Upadhyaksha of
panchayats, by stipulating that a resolution expressing want of confidence in the Adhyaksha or
Upadhyaksha of a Grama Panchayat shall not be moved within one year from the dat e of his election
and with in one year from the date of the last decision of such a resolution and in the case of Taluk
Panchayats and Zilla Panchayats within six months from such dates.
(10) To make certain functions obligatory on all Panchayat instituti ons and to specify the functions
of the Panchayat bodies operating at different levels.
(11) To provide for appointment of appropriate Committees by the Grama Panchayats for specific
purpose and joint committees for two or more Grama Panchayats for any co mmon purpose.
(12) To state in necessary detail the consequences of having to divide a Panchayat area into two
or more Panchayats, to amalgamate two or more Panchayat areas to constitute one Panchayat and
to create a new Panchayat by carving out areas fr om existing Panchayats and provide that in all such
eventualities the members representing these areas should continue in the interim Grama Panchayat
through the remainder of their elected term.
(13) To effect certain structural changes, namely, to ensure reservation for women and for
Scheduled Castes/Scheduled Tribes on the Social justice Committee of the Taluk Panchayat and Zilla
Panchayat; to increase the total number of members of the standing committee of the Zilla panchayat
from five to seven; and to make the Adhyaksha as the chairman of Finance, Audit and Planning
Committee, and the Upadhyaksha as the Chairman of the General Standing Committee.
(14) To require the Executive Officer and Chief Executive Officer to advise, in writing, the head of
the Panchayat which may pass any resolution or take any decision the implementation of which would
contravene the provision of any law or the budgetary provisions etc., pointing to the specific provision
that is likely to be contravened.
(15) To require the Pa nchayats concerned to take follow up action on the report of the inspecting
officer made under section 233 within thirty days, and providing for omission to be construed as
default in the performance of duty.
(16) To delete the provisions of section 234 w hich enables appointment of a person to perform a
duty in case of default of the Panchayats and to recover expenses.
(17) To re-allocate power of certain authorities under the Act by divesting these authorities of their
powers and vesting them in other to facilitate better functioning, namely:-
(a) The Commissioner to be divested of the power of removal of Adhyaksha or
Upadhyaksha of a Panchayat, to be vested in the Government.
16
(b) The Commissioner and Chief Executive Officer to be divested of their po wer sunder
section 253 to be vested in the Zilla Panchayat and Taluk Panchayat respectively.
(c) The Chief Executive officer and Commissioner to be divested of their powers under
section 237, to suspend the execution of an unlawful order or resolution, o f a Grama Panchayat and
Taluk Panchayat to be vested in the Adhyaksha of the concerned Taluk Panchayat or Zilla Panchayat,
and
(d) The Commissioner to be divested of his power under section 268 to dissolve a Grama
Panchayat, to be vested in the Zilla Panchayat.
(18) To provide appeal against every original order of a Grama Panchayat.
(19) To require a Grama Panchayat to consider the development programme suggested by the
grama shaba at the time of preparing its development plan.
(20) To make the Adhyak sha of the Zilla Panchayat the Chairman of the District Planning
Committee and the Mayor or president of the Municipal Body having jurisdiction over the Head
Quarters of the district, the Vice-Chairman.
(21) To constitute a State Panchayat Council to disc uss matters relating to the functioning of the
Panchayats in the State under the Chairmanships of the Chief Minister and the Minister for Rural
Development and Panchayat Raj as Vice-Chairman.
(22) To provide for consulting the State panchayat Council befo re amending schedule I, II or III
under the Act, relating to functions of Panchayats.
Opportunity is availed also to bring about certain consequential amendments based on functional
requirements.
Hence the Bill.
(Obtained from L.A. Bill No. 26 of 1997.)
VIII
Amending Act 29 of 1998. - It is considered necessary to amend the Karnataka Panchayat
Raj Act, 1993 (Karnataka Act 14 of 1993):-
(i) to restore the powers of Deputy Commissioner so that he shall exercise the powers of
notifying number of elected members, de -limitation of Constituencies and publication of names of
elected members subject to the general and special orders of the State Election Commission; and
(ii) to empower the Tahsildar to prepare the voters list for Grama Panchayat and Taluk
Panchayat by splitting the electoral rolls of Zilla panchayat Constituencies as advised by the State
Election Commission.
Opportunity is also taken to provide for appointment of officers belonging to Karnataka
Administrative Services (Selection Grade) or of ficers of Development Branch equal to the rank of
Karnataka Administrative Services (Selection Grade) as Chief Executive Officers of Zilla Panchayat.
This Bill seeks to replace the Karnataka Panchayat Raj (Amendment) Ordinance, 1998 (Karnataka
Ordinance 4 of 1998) and Karnataka Panchayat Raj (Second Amendment) Ordinance, 1998
(Karnataka Ordinance 6 of 1998).
Hence the Bill.
(Obtained from L.A. Bill No. 5 of 1998.)
IX
Amending Act 10 of 1999.- It is considered necessary to make the following amendments to
the Karnataka Panchayat Raj Act, 1993, namely:-
17
(1) The number of Grama Panchayats in each taluk in the present system is too large for proper
supervision over their functions and the present Grama Panchayats are also financially very weak. It
is felt that the Grama Panchayats in order to be viable are to be reconstituted with larger jurisdiction.
Restructuring of the existing Grama Panchayats has to be done at the earliest.
(2) According to clause (1) of Article 243 D of the Constitution the seats reserved in a Panchayat
may be allotted by rotation to different constituencies. The proviso to sub -section (4) of section 5 of
the Karnataka Panchayat Raj Act, 1993 requires that the seats reserved shall be allotted by rotation to
the different constitue ncies. Thus the proviso is not in conformity with the aforesaid provision of the
constitution. Further, it is felt that rotation at the present nascent stage of the Panchayat Raj system
hampers the development of effective political leadership at the gra ssroot levels, particularly among
Scheduled Castes/ Scheduled Tribes and women, as person of these categories elected during one
term may not get re -elected to the Panchayat for subsequent terms. If the category of the reservation
of their constituencies i s subjected to rotation on a compulsory basis it would lead to difficult
situations. Therefore it was considered necessary to omit the provisions relating to rotation of seats
reserved in a Grama Panchayat.
(3) Consequent to the proposal of restructuring of the Grama Panchayats, it is proposed that
each Grama Panchayat member shall be elected for every one thousand population instead of
existing four hundred population.
Hence the Bill.
(Obtained from L.A. Bill No. 10 of 1999.)
X
Amending Act 21 of 1 999: It is considered necessary to amend the Karnataka Panchayat
Raj Act, 1993 (Karnataka Act 14 of 1993) for the following purposes, namely:-
(i) In case of a Panchayat area having the population of less than ten thousand, to provide for a
minimum of eleven elected members; and
(ii) To entrust the preparation of the electoral roll of Zilla Panchayats, to the Assistant
Commissioner.
Hence the Bill.
(Obtained from L.A. Bill No. 15 of 1999.)
XI
Amending Act 8 of 2000. - In the Karnataka Panchayat Raj Ac t, 1993 as it stood prior to the
Karnataka Panchayat Raj (Third Amendment) Act, 1997 powers were vested in the Government for
determining the number of elected members, reservation of seats of offices of Adhyaksha and
Updhyaksha of Taluk Panchayats and Zil la Panchayats delamination of constituencies of Zilla
Panchayat and publication of names of Zilla Panchayat members. Further, delimitation of territories
constituencies of Taluk Panchayat and publication of names of members of taluk Panchayat were
entrusted to the Deputy Commissioner respectively.
By the aforesaid amendment Act of 1997 the powers vested in the Government were entrusted to
the State Election Commission. The State Election Commission was also given powers to publish the
names of elected mem bers of Taluk Panchayat and Zilla Panchayat. Delimitation of constituencies of
Taluk Panchayat and Zilla Panchayat was entrusted to the Deputy Commissioner, subject to the
general or special order of the State election Commission.
In the light of the expe rience gained for the last two years it is considered desirable to amend the
relevant sections and to restore by a large the position as it obtained prior to the amendment of the
Karnataka Panchayat Raj (Third Amendment) Act, 1997.
18
Further, it is consider ed desirable to reduce the term of office of Adhyaksha and Upadhyaksha of
Grama Panchayat to thirty months to provide opportunities for more than one set of persons to be
elected as Adhyaksha and Upadhyaksha of Grama Panchayats during a period of five year s.
Hence the Bill.
(Obtained from L.A. Bill No. 2 of 2000.)
XII
Amending Act 11 of 2000. - Since it was considered not desirable to make structural
changes in a short period it was decided to retain the Grama Panchayat of similar jurisdiction as they
existed prior to 28.1.1999. It was also felt that Grama Panchayats of smaller jurisdiction would enable
he weaker sections of the society to get better representation. Therefore, it was considered necessary
to amend section 4 and 5 of the Karnataka Panchayat Raj Act, 1993 to provide for the following:-
(i) to restore the population criteria of five thousand and seven thousand and two thousand five
hundred and the norms relating to geographical area of the radius of five kilometers (diameter of 10
kilometer) for declaration of panchayat area;
(ii) to specify four hundred population instead of one thousand population for the purpose of
determining the number of elected members of Grama Panchayat;
(iii) to omit the provision providing for a minimum of eleven m embers in respect of Panchayat
area having less than ten thousand population;
(iv) to restore the provisions relating to allotment of seats by rotation to different constituencies in
he panchayat area;
(v) to declare that the provisions of section 4 and 5 as they stood prior to 28.1.1999 and 4.8.1999
shall be deemed to have continued;
(vi) to declare that anything done or any action taken or any notification issued under sections 4
and 5 before such date shall be deemed to be valid and shall continued to be in force.
It was also considered necessary to reserve in a Grama Panchayat at least one seat each for the
person belonging to Schedule Castes and the Scheduled Tribes.
As the matter was urgent and both the Housed of the State Legislature were not in session, the
Karnataka Panchayat Raj (Second Amendment) Ordinance, 1999 and the Karnataka Panchayat Raj
(Third Amendment) Ordinance, 1999 were issued.
This Bill seeks to replace the said Ordinance with following additions, namely:-
(i) to provide for res ervation of at least one seat each for the persons belonging to the
Scheduled Castes and the Scheduled Tribes in a Taluk Panchayat and Zilla Panchayat;
(ii) to omit the provisions relating to disqualification of a person for being chosen and for being a
member of a Grama Panchayat, Taluk Panchayat or Zilla Panchayat for not having a sanitary latrine
for the use of the members of his family;
(iii) to enhance the annual grant payable by the Government to the Grama Panchayat from the
existing one lakh rupees to two lakh rupees.
Hence the Bill.
(Obtained from L.A. Bill No. 11 of 2000.)
XIII
Amending Act 30 of 2001. - It is considered necessary to amend the Karnataka Panchayat
Raj Act, 1993, to make it obligatory on the part of every Grama Panchayat to repor t any case of
Bonded Labour in the Panchayat Area to the Deputy Commissioner or to such other authority
specified for the purpose and to treat any failure to report the case of bonded labour as a default in
the performance of the duties of a Grama Panchayat for the purpose of dissolution.
19
(LA Bill No. 33 of 200. SAMVYASHAE 51 SHASANA 2000)
XIV
Amending Act 8 of 2003.- To give effect to the proposals made in the Budget Speech for the
year 2003-04, it is considered necessary to amend the Karnataka Stamp Ac t, 1957, the Karnataka
Municipalities Act, 1964, the Karnataka Municipal Corporations Act, 1976 and the Karnataka
Panchayat Raj Act, 1993.
Hence the Bill.
(obtained LA Bill No. 8 of 2003 vide File No. SAMVYASHAE 15 SHASANA 2003]
XV
Amending Act 37 of 2 003.- It is considered necessary to amend the Karnataka Panchayat
Raj Act,l 1993,-
(i) to have a Ward Sabha in respect of each Grama Panchayat constituency and a Grama Sabha
for the whole panchayat area and to entrust them with more responsibilities to en sure that
participation of people at village level will be more meaningful and Excerpt shown. Open the full act in Lexace.
Lex