karnataka panchayati raj act

8/10/2019 Karnataka Panchayati Raj Act

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Karnataka Panchayat Raj Act

Salient Features


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Karnataka Panchayat Raj Act, 1993 Replaced the Karnataka Zilla Parishads, Taluk

Panchayat Samitis, Mandal Panchayats and NyayaPanchayats Act, 1983 consequent upon the changes inthe 73rdConstitutional amendment

Established a 3-tier panchayat raj system in the statewith elected bodies at Gram, Taluk and Zilla levels for:

greater participation of the people and

more effective implementation of rural developmentprogrammes in the state


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Salient Features of the Act Establishes a 3-tier system based on population as

ascertained in the preceding census.

Provides for reservation of: seats in favour of SC and ST in proportion of their population

1/3rdseats for women at all levels

seats and offices of chairpersons at all levels for personsbelonging to Backward Classes.

seats and offices of chairpersons at all levels for persons

belonging to SC, ST and women

Constitutes State Election Commission, FinanceCommission and District Planning Committee


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Chapter 2 of the Act Chapter 2 in KPR Act, 1993 has been

replaced by a new Amendment Act of

2002

Deals with new concept of ward sabha and

its powers and functions, and

Incorporates new powers and functions for

Gram sabha


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Ward Sabha

Sec 3 of the Amended Act introduces concept of Ward Sabha:

Shall meet at least once in 6 months

Quorum shall be not less than 1/10thof the total number of members ofward sabha or 20 members whichever is less

Not less than 30% of members attending ward sabha shall be women

Persons belonging to SC and ST shall be represented in proportion to theirpopulation

Every meeting of the ward sabha shall be presided over by the member ofthe GP elected from the area, and in his absence by any other membernominated by the GP

All resolutions of the ward sabha shall be passed by a majority of themembers present and voting.


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Ward Sabha: Powers & Functions

Provide voluntary labour; mobilise cash contributionsfor development works and supervise such worksthrough volunteer teams

Persuade members to pay taxes/ repay loans

Suggest location of street lights, water taps, publicwells, sanitation units, irrigation facilities

Identify deficiencies in water supply and streetlighting arrangements and suggest remedialmeasures


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Ward Sabha: Powers & Functions Impart awareness on cleanliness, preservation of environment

and prevention of pollution

Assist employees of GP in sanitation arrangements and rendervoluntary service for removal of garbage

Promote Adult Education

Assist in PHC activities, especially in disease prevention andfamily welfare and create arrangements for quickly reporting

incidence of epidemics and natural calamities

Promote harmony and unity among various groups of people arrange cultural festivals, sports to give expression to localtalents


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Gram Sabha Amended Sec 3A incorporated in the Act

Gram Sabha shall meet at least once in 6 months

Special meeting of the Gram Sabha shall be convened if request ismade by not less than 10% of the total numbers of members of GSor 100 members, whichever is less

At least 10 members from each ward sabha within the panchayatarea shall attend meeting.

Not less than 30% shall be women

Persons belonging to SC and ST shall be represented in proportionto their population in the Gram Sabha


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Gram Sabha: Meetings

GS meeting shall be presided over by Adhyaksha; and in his absenceby Upadhyaksha. In the absence of both by any member of the GPnominated by it.

GS shall discuss:

Budgetary provisions

Details of plan outlay

Subject-wise allocation of funds

Details of estimate and cost of materials of works executed orproposed to be executed in the panchayat area.

GP shall place before GS:

Annual statement of accounts of preceding financial year

Last audit note and replies thereto

Panchayat jamabandi report and action thereon

Views, suggestions, recommendations of GS shall becommunicated to GP for its consideration.


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Gram Sabha: Officers

Officers of GP as required by the Adhyaksha shallattend the GS meeting.

Officer nominated by GP as convenor of GS shall assistin convening and conducting meetings, recordingdecisions in minute books and taking follow up action.

GS may constitute sub-committees for indepth

discussion and effective implementation of decisions.

GS Sub Committees should consist of not less than 10members of whom not less than half will be women


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Gram Sabha: Powers and Functions

Approve the annual plan of the GP

Generate and prioritise proposals, schemes and developmentplans to be implemented in the panchayat area by ZP or TP afterconsidering recommendations and suggestions of ward sabhas

Identify, select and prioritise beneficiaries as per criteria fixed byGP, TP, ZP or Government after considering the priority lists of theward sabhas. Such list shall be binding on the GP, TP and ZP.

Disseminate information on development and welfare programmesand render assistance in effective implementation of developmentschemes by providing local facilities

Provide feedback on performance of development programmes


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Gram Sabha: Powers and functions

Render assistance to GP in collection, compilation of detailsrequired, formulation of development plans, collection of socio-economic data and canvassing participation in health, literacyand other development campaigns.

Get information from officers of GP as to the services they willrender and works they propose to do in the succeeding periodof 6 months after GS meeting

Get information from GP on the rationale of every decision ofthe GP

Get information from GP on follow up action taken on thedecisions of the Gram Sabha

Provide and mobilise voluntary labour and cash contributions

and supervise development works through volunteer teams


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Gram Sabha: Powers and functions

Persuade Gram Sabha members to pay taxes/ repay loans

Suggest location of street lights, water taps, public well,sanitation units

Identify deficiencies in water supply and street lightingarrangements and suggest remedial measures afterconsidering suggestions of ward sabhas.

Assist GP employees in sanitation arrangement and render

voluntary services for garbage removal

Promote Adult Education

Assist in PHC activities

Promote harmony and unity


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Panchayat Area

Sec 4: Declaration of Panchayat Area Area comprising a village or group of villages with a population

of 5000 7000

Area comprising population of 2500 in Belgaum, Chikmaglur,

Dakshina Kannada, Dharwar, Hassan, Kodagu, Shimoga,Udupi, Haveri and Uttar Kannada

DC may on request from GP: Increase or diminish panchayat area

Alter headquarters

Alter name of panchayat area

Declare that any area shall cease to be panchayat area


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Gram Panchayat

Constitution of Gram Panchayat

GP to consist of the number of elected members @ of one memberper 400 population

DC shall reserve seats for SC, ST in proportion to their population

in the panchayat area

1/3rdof the total seats shall be reserved for Backward Classes: 80% for A category; 20% for B Category

Not less than 1/3

rd

of the total seats in each category

SC, ST, BCand non-reserved seats shall be reserved for women

Seats reserved for SC, ST, BC and women shall be allotted byrotation to different constituencies in the panchayat area.

A woman or person belonging to SC/ST or BC can stand forelection from non-reserved seat


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GP Membership

Sec 11 Qualification for membership

Every person whose name is on the voterslist of any gram panchayat constituency isqualified to stand for election

In the case of seats reserved for SC/ST/BC/Women, no person who is not a member ofthe said category, can stand for election.


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Disqualification

Sec 12: Disqualification for members

If sentenced by a criminal court to 3 months or moreimprisonment

If dismissed from service under any local authority If, having been a legal or medical practitioner, has been

disenrolled or suspended by competent authority

If removed from membership of any local authority

If he/she hold an office of profit under local or other authority

If he/she has a direct or indirect share or interest in any workdone by GP, or in contract or employment with GP

If he/she does not have sanitary latrine

If disqualified under sec 308C

If arrears of any kind are due by him/her to GP


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Vacation of seat

Sec 13: Vacation of seat

If a member of a GP absents him/herself formore than 3 consecutive ordinary meetings

without leave of the GP, provided that no

permission shall be granted by the GP to a

member for being absent from its meetingsfor a period beyond 6 months from the date

of the last meeting attended by the member


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Election issues

Sec 15 40 deal with issues relating to elections

Election petition

Trial Grounds for declaring election void

Grounds on which a candidate other than returned candidatemay be declared elected

Procedure in case of equality of votes

Corrupt practices Misconduct at polling stations

Booth capturing

Disturbance at election meetings

Restrictions on printing of pamphlets, posters, etc.


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Term of Office of Members

Sec 41 term of office of members of GPs willbe 5 years

Sec 42

term of office with commence withdate appointed for the first meeting of the GP

Sec 43 a member may resign his membership

by writing to the adhyaksha and his/her seatmay become vacant on expiry of 15 days,unless he/she withdraws such resignation inwriting within the period of 15 days


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Term of Office of Adhyaksha &

Upadhayaksha

Sec 44 49: Adhyaksha and Upadhyaksha

election

term of office

conditions of service

appointment

resignation no confidence motions


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GP Meetings

Sec 50: Procedure at meetings

GP shall meet at once in a month

Adhyaksha may call a special meeting on written request of notless than 1/3rdof the total number of members; if adhyakshafails to call special meeting, upadhyaksha or 1/3rdof totalmembers may call such meeting.

Seven clear days notice for an ordinary meeting and three clear

days notice for a special meeting shall be given by GPSecretary

Officers to whom notice is given shall attend every GP meetingand take part in the proceedings


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Quorum for GP MeetingsSec 53: Quorum and procedure

Quorum for GP meeting shall be 1/3rdof the total number of members

At least 1/3rdof the members attending the meeting shall be women members

If at appointed time of meeting, quorum is not present, the presiding authorityshall wait for 30 minutes.

If even after 30 minutes there is no quorum, presiding authority shall adjournthe meeting to the next day: notice of meeting adjourned to next day shall bepasted in GP office.

A member who has a pecuniary interest in a issue being discussed by the GP

shall not take part in the discussion

Every GP member shall disclose any direct or indirect pecuniary interest thathe has in any question coming up for consideration at a GP meeting.

Sitting fee as prescribed by Government


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Resolutions of GP Meetings

Sec 54 Modification/ cancellation of resolution

No GP resolution shall be cancelled/ modified within

6 months after it is passed except by a resolution

passed by not less than of the total members

Full information of resolution proposed to be

cancelled/ modified to be given in advance.


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Minutes of GP MeetingsSec 55: Minutes

Names of members and officers present

Proceedings of the meeting

Names of members voting for and against any resolution

Minutes to be maintained in a book, read over and agreed to by membersand then signed by Adhyaksha or upadhyaksha presiding over themeeting

Minute book shall be open to inspection by any member of the GP at allreasonable time

Minute book shall be kept in GP office in the custody of GP Secretary.

Copy of proceedings shall be displayed on GP notice board along withdetails of members voting for and against the resolutions


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GP Functions

Ensuring prompt registration of births and deaths

Providing sanitation and drainage

Construction, repair and maintenance of public streets

Removing encroachments on public places

Providing street lights; paying electricity dues

Filling up insanitary depressions


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GP Functions

Destruction of rabid dogs

Maintenance of community assets

Maintenance of records of population census, cropcensus, cattle census, census of unemployed persons,persons below poverty line

Earmarking places for dumping refuse and manure

Protecting bio-diversity


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Standing Committees of GPs

Sec 61

Standing Committees Production Committee:

Agricultural production,

Animal husbandry,

Rural industries,

Poverty alleviation programmes

Social Justice Committee: Educational, economic, social, cultural interests of SC, ST & BC

Protection of such castes from social injustice

Welfare of women and children

Amenities Committee: Education

Public Health

Public works


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Standing Committees of GPs Each standing committee shall consist of 3 5 members including

Adhyaksha and Upadhyaksha

Adhyaksha shall be ex-officio member and chairman of Productionand Amenities Committee

Upadhyaksha shall be chairman of Social Justice Committee

Social Justice Committee must consist of at one woman and one SCor ST member

Each Standing Committee can co-opt members of farm clubs, mahilamandals, etc.

Standing Committees to perform functions that are delegated to themby the GP


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Powers of GP

Sec 63: Powers of GP as to roads and bridges

Sec 64: Permission to erect, alter, add to existing building

Sec 66: Permission for construction of factories/ installation of machinery

Sec 67: Prohibition of dangerous trades

Sec 68: Control of hotels

Sec 69: Licensing of shops

Sec 72: Obstructions and encroachments on public streets

Sec 73: Naming streets and numbering buildings


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Powers of GPs Sec 74: Removal of structures, trees which are likely to fall

Sec 75: Sanitation, Conservancy and Drainage

Sec 77: Providing adequate water supply

Sec 82: Sources of water supply

Sec 85: Power to prohibit use of water from certain sources

Sec 86: Penalty for using water for certain purposes

Sec 87: Abatement of nuisance from foul water


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Powers of GPs

Sec 89, 90, 91 Infections

Sec 92, 93, 95,96 Burial/ burning grounds

Sec 99, 100, 101, 102, 103, 104, 105, 106 drains andprivies

Sec 107 Quarrying

Sec 108 Using offensive substances night soil

Sec 110 Prohibition of nuisance


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Powers of Adhyaksha and Upadhyaksha

Convene meetings of GP

Have access to records of GP and may call forrecords and files, and pass orders thereon inaccordance with the provisions of the Act, rules and

standing orders and in pursuance to resolutionpassed by the GP

Exercise supervision and control of acts of theofficers and employees of the GP, including GP

Secretary

If in his opinion the immediate of any work requiresthe sanction of a Standing Committee or the GP, hemay convene a meeting with a 24 hour notice.


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GP Secretary

Sec 111 Whole time Secretary for every GP Secretary shall draw his salary and allowances form the GP,

TP or ZP as specified by Government

Secretary shall perform all the duties and exercise allpowers imposed or conferred upon him under this Act

Secretary shall submit to GP the monthly accounts ofthe GP before the 10thday of succeeding month

Furnish returns, statement of accounts and such otherinformation when called for


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GP Secretary

Inspect or cause to be inspected the accounts of theinstitutions under the control of the GP

Keep records of the GP, Standing Committees, other

committees, Ward Sabha, Gram Sabha

Coordinate the preparation of Annual Plan, 5-year planso that the approved plan is submitted to DistrictPlanning Committee in time

Disburse GP fund and plan fund to officers concernedand furnish UC in the manner prescribed


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GP Staff

Arrangements for additional technical staff for GPs

Pool officers/ officials of State Civil Services, includingengineering and technical staff and post them to one or more

GPs

Officers thus posted to GPs shall perform duties and performfunctions as if they are officers of GPs

They shall execute works, discharge functions, perform dutiesinvolving implementation of any scheme, project, plan

Government shall continue to pay the salary, allowances of theofficers/ officials posted to GPs


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Schedule IV:

Tax on Property Maximum rate of tax

Tax on buildings 10% of annual letting

value (per annum)Tax on lands not subject

to agricultural

assessment

For every 100 square

meter, Re 1 per annum

Tax on entertainment Rs 20 per entertainment


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Schedule IV: Vehicle Tax

1. For every 4-wheeled vehicle with

springs constructed to be drawn by 2 or

more horses, bulls, or bullocks

Rs 25

2. For every 2-wheeled vehicle withsprings constructed to be drawn by 1 or

more horses, bulls, or bullocks

Rs 10

3. For every other vehicle with springs Rs 104. For every cart or vehicle without

springs

Rs 10

5. For every bicycle or tricycle Rs 5


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Schedule IV:

Fees on markets

1. For every plot measuring not more

than 1 square meter

0.50 paise

per day

2. For every additional plot of 1 square

meter or part thereof

0.25 paise

per day

3. Per basket or bag of any commodity 0.25 paise

4. Per cart load or bag of any commodity Rs 5 per

month


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Schedule IV:

Fees on bus stands Rs 2 per bus

per day

Tax on advertisement andhoardings: for every square meter

Rs 5 permonth

Fee on registration of cattle: For

every head of cattle brought for sale

in shandies and fairs

Re 1


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Taxes and Fees

Sec 199 tax upon buildings and lands which are notsubject to agricultural assessment; rate as prescribed inSchedule IV

Levy water rate

Tax on entertainment

Tax on vehicles

Tax on advertisement and hoardings


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Taxes and Fees

Pilgrim fee on persons attending jatras, festivals, wherenecessary arrangements for water supply, health andsanitation are made by GP

Market fee for sale of goods in market place

Fee on registration of cattle brought for sale in marketplace

Fee on buses, taxies, auto-stands

Fee on grazing cattle in grazing lands


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Taxes and Fees

Sec 202: If a factory/industry owner provides sanitaryand other amenities for buildings and land used by theindustry, the GP may in lieu of taxes, rates, fees receivesuch amount annually as may be agreed between the

GP and the factory/industry owner.

If such agreement cannot be reached the CEO shall determinethe amount payable by such owner

Sec 206 grant of such amount to GPs as may benotified from time to time, but not less than Rs 2 lakhs.


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Properties and funds

Sec 209 GP may acquire, hold, dispose offmovable and immovable property, subject torules made by Govt. from time to time

Sec 210 Govt., ZP, TP with GP concurrencemay direct that any property vesting in Govt.,ZP or TP, as the case may be, shall vest in theGP

Sec 214 GP may raise loans and form sinkingfund


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Financial Control and Audit

Sec 241: Secretary to prepare and lay before GP

Complete account of actual and expected receipts andexpenditure for year ending 31stMarch

Budget estimate of income and expenditure for yearcommencing 1stApril

This must be done between 1stFeb

10 March

GP must ensure that the budget estimate has: Adequate provision for such services as may be required to

fulfill the duties imposed on the GP under the KPR Act and any

other law Allow for balances at the end of the year of not less than such

sum or percentage of income as may be fixed by govt.

Provide for payment of all instalments of principal and intereston loans taken by the GP


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Financial Control and Audit

GP must send budget to TP;

If GP fails to pass budget estimate, the Secretary shall forward it toTP for approval. Budget approved by TP shall be certified by EOand thereupon it shall be deemed to have been approved by the

GP.

GP may modify the budget during the course of the year, but itshould not: Divert grants transferred by Govt. from the Consolidated Fund of the

State for a purpose or programme or scheme not covered under such

grants Make any reduction exceeding 10% in the grants approved for any

developmental functions of the GP without approval of CEO

Make revisions that will reduce the closing balance below the sumfixed by Govt.


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Audit of Accounts

GP accounts to be audited by officer authorised byController of State Accounts

Auditor may: Require production of vouchers, statements, returns,

correspondence, notes or other documents

Require appearance of person accountable for such vouchers,statements, returns, correspondence, notes, etc, or person havinginterest or share in any contract

Require person appearing before him to sign a declaration with

respect to such vouchers, statements, returns, correspondence,notes, etc.

If explanation is required from Adhyaksha or GP member, theauditor may in writing invite such person to meet him and specifythe point on which explanation is needed.


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Audit of Accounts Auditor shall forward copy of report within one month to GP and EO

After receiving audit report, GP shall remedy defects, irregularitiesor send explanation within 3 months to the EO

EO may in consultation with auditor: Accept the explanation and order withdrawal of objection

Direct that the matter be re-investigated

Direct that the defect, irregularities be removed or remedied

Disallow any item of expenditure which is contrary to law and order forrepayment of amount along with 15% interest per annum on theamount due. If amount is not paid within 2 months, EO shall take stepsto recover it as arrears of land revenue.

karnataka panchayati raj act

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