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. 1993: KAR. ACT 14] Panchayat Raj 253 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. 1 993: KAR. ACT 14] Panchaya t Raj 254 54. Modification or cancellation of resolution. 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. 1993: KAR. ACT 14] Panchayat Raj 255 78. Power of Grama Panchayat to make bye-laws regarding provisions of water supply. 79. Appointment of Joint Committees. 80. Power of entry. 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. 1 993: KAR. ACT 14] Panchaya t Raj 256 112. Staffing pattern and schedule of employees. 113. Appointment and control of employees. 113A. Arrangements of additional technical staff for Grama Panchayat. CHAPTER VI 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. 1993: KAR. ACT 14] Panchayat Raj 257 144. 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 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. 1 993: KAR. ACT 14] Panchaya t Raj 258 174. 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. 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 Panchayat 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 200. Recovery of taxes and other dues. 201. Appeal against assessment, etc. 202. Composition of taxes in factory areas. 203. Agency for collection. 1993: KAR. ACT 14] Panchayat Raj 259 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. 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. 1 993: KAR. ACT 14] Panchaya t Raj 260 234. 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. 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. 1993: KAR. ACT 14] Panchayat Raj 261 269. 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,. 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 and 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.