Bare ActsThe KARNATAKA GRAM SWARAJ AND PANCHAYAT RAJ ACT, 1993

Section 16

Opportunity has been taken to make consequential amendments and amendments which are necessary from administrative poin

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Opportunity has been taken to make consequential amendments and amendments which are necessary from administrative point of view. Hence the Bill, [L.A. Bill No. 37 of 2015, File No. Samvyashae 45 Shasana 2015] [entry 5 of List II of the Seventh Schedule to the Constitution of India.] XXII Amending Act 37 of 2017.-It is considered necessary to amend the Karnataka Grama Swaraj and Panchayat Raj Act, 1993 (Karnataka Act 14 of 1993) to,- (1) entrust the jurisdiction of handling of election disputes of Gram Panchayat, Taluk Panchayat and Zilla Panchayat to the court of Senior Civil Judge. (2) omit the provision of clause (c) of sub-section (1) of section 13. (3) omit the provisions regarding levy of advertisement tax by panchayat consequent on the enforcement of Goods and Services Tax. Certain other consequential amendments are also made. Hence the Bill. [LA Bill No.34 of 2017 , File No. DPAL 36 Shasana 2017] [entry 5 of List II of the Seventh Schedule to the Constitution of India.] XXIII Amending Act 49 of 2020.- It is considered necessary to amend the Karnataka Grama Swaraj and Panchayat Raj Act, 1993 (Karnataka Act 14 of 1993) to provide for,- (a) reduction of the term of office of Adhyaksha and Upadhyaksha of Gram Panchayat, Taluk Panchayat and Zilla Panchayat to thirty months; (b) motion of no confidence against Adhyaksha or Upadhyaksha not earlier than fifteen months; 23 (c) the Deputy Commissioner to preside while no confidence motion is considered in Taluk Panchayat and the Regional Commissioner to preside while no confidence is considered in Zilla Panchayat; (d) certain election reforms are also provided; (e) closing of liquor shops during forty-eight hours before closing the polling of election of Panchayats; (f) rationalisation of property tax in respect of Industries and vacant land; and (g) certain consequential amendments connected therewith or incidental thereto. As the matter was urgent and the Karnataka Legislative Assembly and the Karnataka Legislative Council were not in session, the Karnataka Gram Swaraj and Panchayat Raj (Amendment) Ordinance, 2020 (Karnataka ordinance No. 2 of 2020) was promulgated to achieve the above object. This Bill seeks to replace the said Ordinance. Hence, the Bill. [L.A. Bill No. 37 of 2020, File No. Samvyashae 32 Shasana 2020] [Entry 5 of List II of the Seventh Schedule to the Constitution of India.] [Published in Karnataka Gazette Extra-ordinary No. 494 in part-IVA dated: 22.10.2020] XXIV Amending Act 25 of 2021.- Whereas the Hon’ble Supreme Court in the case of Dravida Munetra Kazhagam (DMK) Vs Secretary, Governor’s Secretariat and others case reported in (2020) 6 sec 548 date 06.12.2019 has held that while making delimitation the object of maintaining ratio between the population and territory cannot be effectively achieved without any research or proposal by the Delimitation commission; and delimitation exercise for constitution of local bodies at all leaves is properly undertaken as per criteria for delimitation of Constituencies. And whereas several writ petitions have been filed before the Hon’ble High Court of Karnataka challenging the delimitation notification and reservation notification made by the Karnataka State Election Commission as arbitrary, irrational, illegal and ultra vires of the constitution. Now therefore, it is considered necessary to further amend the Karnataka Gram Swaraj and Panchayat Raj Act,1993 to provide for,- (i) Constitution of Delimitation Commission; (ii) Participation of experts in the process of Delimitation; (iii) Powers of the Delimitation Commission; (iv) Functions of the Delimitation Commission; 24 (v) Delimitation Commission shall call for objections from the public before making recommendation to the Government; and (vi) Certain consequential amendments are also made. Hence the Bill. [L.A. Bill No. 35 of 2021, File No. Samvyashae 37 Shasana 2021] [Entry 5 of List II of the Seventh Schedule to the Constitution of India.] [Published in Karnataka Gazette Extra-ordinary No. 782 in part-IVA dated: 18.09.2021] XXV Amending Act 19 of 2022 It is considered necessary to amend the Karnataka Grama Swaraj and Panchayat Raj Act, 1993 (Karnataka Act 14 of 1993) to,- (i) disqualify a person,- (a)who has been subject to compulsory retirement or removal or dismissal from the service of the Central Government or the State Government; (b)who has been subject to compulsory retirement or removal or dismissal from the service of Co-operative Society and Institution; (c) who has been subject to removed from the post of Chairperson and Membership of the Co- operative Society and Institution from being a member of Grama Panchayat, Taluk Panchayat and Zilla Panchayat; (ii) prescribe the population limit for election to the Taluk Panchayat and Zilla Panchayat and exclude the taluks of Tarikere, Kadur and Ajjampura from Chikkamagalur District for the purpose of population proportion; (iii) appoint the Minister in-charge of the concerned District as the Chair-person of the District planning committee; (iv) appoint the Mayor or President of the concerned City Corporation or the Municipalities at the District head quarters as the Vice-Chairperson of the District Planning Committee; (v) invite the Vice-Chairperson of the Karnataka State Policy and Planning Commission as the special invitee of the Karnataka state decentralized planning and development committee; and (vi) Certain consequential amendments are also made. Hence, the Bill. [L.A. Bill No. 10 of 2022, File No. SAMVYASHAE 10 SHASANA 2022] [Entry 5 of List II of the Seventh Schedule to the Constitution of India] [Published in Karnataka Gazette Extra-ordinary No.216 in part-IVA dated: 05.04.2022] 25 XXVI Amending Act 27 of 2022.- It is considered necessary to amend sections 121 and 160 of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993 (Karnataka Act 14 of 1993) to revise the total number of elected members of the Zilla Panchayat in the districts on the basis of rural population and to emply with the direction of the Hon’ble High Court of Karnataka in W.P.No: 20426/2021 to conduct the election to the rural local bodies within the time limit. As the matter was urgent and both Houses of the State Legislature were not in a session, the Karnataka Gram Swaraj and Panchayat Raj (Amendment) Ordinance, 2022 (Karnataka Ordinance 06 of 2022) was promulgated to achieve the above object. This Bill seeks to replace the said Ordinance. Hence, the Bill. [L.A. Bill No.22 of 2022, File No. SAMVYASHAE 18 SHASANA 2022] [Entry 5 of List II of the Seventh Schedule to the Constitution of India] [Published in Karnataka Gazette Extra-ordinary No.506 in part-IVA dated: 11.10.2022] XXVII Amendment Act 01 of 2024:- It is considered necessary to amend the Karnataka Gram Swaraj Panchayath Raj Act, 1993 (Karnataka Act 14 of 1993) to comply with the direction of the Hon'ble High Court of Karnataka in the writ petition No.20426/2021 to conduct the election to the rural local bodies within the time limit by prescribing population limit for election to the Taluk Panchayat and zilla panchayat by excluding Bhadravathi, shivamogga and shikaripura taluk of shivamoga district in proportion to their population As the matter was urgent and both Houses of the State Legislature were not in a session, the Karnataka Gram Swaraj and Panchayat Raj (Amendment) Ordinance, 2023 (Karnataka Ordinance 03 of 2023) was promulgated to achieve the above object. This Bill seeks to replace the said Ordinance. Hence, the Bill. [L.A. Bill No.16 of 2023, File No. SAMVYASHAE 26 SHASANA 2023] [Entry 5 of List II of the Seventh Schedule to the Constitution of India.] [Published in Karnataka Gazette Extra-ordinary No.43 in part-IVA dated:30.01.2024] 26 XXVIII Amendment Act 22 of 2024:- Kodagu District is totally like Malnad district which consists of hilly areas with scattered population having low density. In some cases the geographical spread of the zilla panchayat constituency is nearly 100 K.M. The geographical expansion of territorial constituency of zilla panchayat has a negative effect on the development programmes and administration. The Karnataka Panchayat Raj Delimitation Commission, at the request of the public from Kodagu has recommended to bring necessary amendment Hence It considered necessary to amend the Karnataka Gram Swaraj Panchayath Raj Act, 1993 (Karnataka Act 14 of 1993). Hence, the Bill. [L.A. Bill No.02 of 2024, File No. SAMVYASHAE 03 SHASANA 2024] [Entry 5 of List II of the Seventh Schedule to the Constitution of India.] [Published in Karnataka Gazette Extra-ordinary No.174 in part-IVA dated:11.03.2024] XXIX Amendment Act 27 of 2025:- It is considered necessary to amend the Karnataka Gram Swaraj and Panchayat Raj Act, 1993 (Karnataka Act 14 of 1993) to,- (i) bring in all assets under the purview of the rural local authorities under their network of financial resources; (ii) extend the provisions of property tax to the premises and buildings in unauthorised settlements, other than Government land, and to unauthorized buildings in official settlements, as provided in the Karnataka Gram Swaraj and Panchayat Raj Act, 1993 (Karnataka Act 14 of 1993); and (iii) provided for penalty to the officers in case of non-compliance of the provisions of the said Acts. Hence, the Bill. [L.A. Bill No.18 of 2025, File No. SAMVYASHAE 23 SHASANA 2025] [Entry 5 and 18 of List II of the Seventh Schedule to the Constitution of India.] [Published in Karnataka Gazette Extra-ordinary No.219 in part-IVA dated:07.04.2025] 27 XXX Amendment Act 61 of 2025:- It is considered necessary to amend the following Acts for decriminalising and rationalising offences and to further enhance trust-based governance for ease of living and doing business, namely:-

Section 16 – The KARNATAKA GRAM SWARAJ AND PANCHAYAT RAJ ACT, 1993 | DailyLaw.ai