Section 5

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It also envisages constitution 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; 13 (ii) to provide reservation separately to the extent of eighty percent and twenty per cent for category-A and category-B respectively, out 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 provide 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 Panchayat 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 alone 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 of 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 Taluk 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,- 14 (i) to provide for the officers who preside over the first meeting of Grama Panchayats, Taluk 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 to 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 report 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 Boards, 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 publication 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 servants 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 provide 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 date 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 institutions 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 common 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 from 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 Panchayats 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 which 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 power 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, of 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 Adhyaksha 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 discuss 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 before 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 officers 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 constituencies. 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 grassroot 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 is 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 1999: 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 Act, 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 Zilla 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 members 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 experience 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 considered 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 years. 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 members 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 reservation 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 report 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 Act, 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 2003.- 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 ensure that participation of people at village level will be more meaningful and intense. (ii) to provide for disqualificaiton of members of Grama Panchayats, Taluk Panchayat and Zilla Panchayat for a period of three years for failure to lodge an account of election expenses. (iii) to ensure that as far as possible one-third members of the Grama Panchayat, Taluk Panchayat or Zilla Panchayat attending the meeting will be women members. (iv) to require every member of Grama Panchayat, Taluk Panchayat and Zilla Panchayat to disclose any pecuniary interest that he has in any question coming up for consideration at a meeting of Grama Panchayat, Taluke Panchayat or Zilla Panchayat. (v) to make Adhyaksha of the Grama Panchayat as executive Head. (vi) to re-define the powers and duties of the Secretary of Grama panchayat. (vii) to provide for pooling of officers and officials of the State Civil Services and post them to Grama Panchayat and to empower the Grama Panchayat to engage the services of technical staff not belonging to State Civil Services for specif work. (viii) to entrust to the State Election Commission powers of the State Government relating to determining the elected members, reservation of seats and delimitation of territorial constituencies of Taluk Panchayat and Zilla Panchayats. (ix) to require the members of the Taluk Panchayat and Zilla Panchayat to declare their assets and to provide for cessation of membership for filing false or incorrect declaration. (x) to provide for appointment of the Chairman of the Standing Committee of social justice to exercise the powers and perform the duties of the Adhyaksha and Upadhyaksha of Taluk Panchayat or Zilla Panchayat in case both the officers are vacant. (xi) to provide for maintenance of account of election expenses, lodging of the same, etc., The Bill also provides for certain other incidental and consequential matters. Hence the Bill. (obtained LA Bill No. 27 of 2002 vide file No. SAMVYASHAE 33 SHASANA 2002) XVI Amending Act 17 of 2007.- In G.O.NO.RD 9 BMM 2003, dated: 8.9.2005 the posts of Regional Commissioners at Bangalore, Mysore, Gulbarga and Belgaum along with supporting staff has been created. The Regional Commissioners have to be conferred with statutory powers by necessary amendments to the relevant Acts. 20 Since the matter was urgent and the Karnataka Legislature was not in session, the Karnataka Land Revenue and Certain Other Laws (Amendment) Ordinance 2006(Karnataka Ordinance No.5 of 2006) was promulgated to achieve the above Object. Hence the Bill. [L.A.Bill No. 7 of 2007] [Entry 5 and 18 of List II of the Seventh Schedule to the Constitution of India.] XVII Amending Act 24 of 2010.- It is considered necessary to amend the Karnataka Panchayat Raj Act, 1993. (1) to define “ Panchayat Development Officer” and to provide for powers and functions, thereof. (2) to notify election results quickly and precisely and to introduce modern technology in the election system of Panchyath Raj Institutions by using electronic voting machines in the elections to Grama Panchayat, Taluk Panchayat and Zilla Panchayat in the State; (3) to provide fifty percent reservation for women in seat and the offices in all the three tiers of Panchyath Raj Institutions. Hence the Bill. (L.C.Bill No.03 of 2010, File No.Samvyashae 03 Shasana 2010) [Entry 5 of List II of the Seventh Schedule and Article 243D to the Constitution of India.] XVIII Amending Act 34 of 2011.- It is considered necessary to amend the Karnataka Panchayath Raj Act, 1993 (Karnataka Act 14 of 1993),- (i) to give effect to the judgment of the Hon'ble Supreme Court in the case of Krishnamurthy and others Vs Union of India in Writ Petition (Civil) 356 of 1994; (ii) to give effect to the 13th Central Finance Commissions recommendations. (iii) Certain other consequential amendments are also proposed. This Bill also seeks to replace the Karnataka Panchayath Raj (Amendment) Ordinance, 2010 (Karnataka Ordinance No. 3 of 2010). Hence the Bill. [L.A. Bill No. 6 of 2011, File No.Samvyashae 40 Shasana 2010] [Entry 5 of List II of the Seventh Schedule and Article 243 (D) of the Constitution of India.] XIX Amending Act 23 of 2014.- In section 136A and 175A of the Karnataka Panchayat Raj Act, 1993 a member automatically ceases to be a member in case, if he fails to file the declaration of assets owned by him and any member of his family before the State Election Commission or the Competent Authority. But no provision has been made for calling explanation or giving an opportunity of hearing to the member in this regard moreover there is no provision in the Constitution of India for cessation of membership. Therefore, it is considered necessary to provide for the reasonable opportunity to such member and it is considered necessary to amend the provisions accordingly. Hence the Bill. [L.A. Bill No.22 of 2013, File No. Samvyashae 50 Shasana 2013] [entry 5 of List II of the Seventh Schedule to the Constitution of India.] XX Amending Act 17 of 2015.- It is considered necessary to amend the Karnataka Panchayat Raj Act, 1993 (Karnataka Act 14 of 1993) to provide for the following, namely.- 21 1) to increase the terms of Office of Adhyaksha and Upadhyaksha of Grama Panchayat, Taluk Panchayat and Zilla Panchayat to five years as recommended by High Level Expert Committee headed by Hon`ble Member of Legislative Assembly Sri Ramesh Kumar. 2) to provide for continuation of rotation of reservation of SC, ST and other Backward Classes and non-reserved category up to ten years. 3) to provide for compulsory voting at Panchayat Elections. 4) to Provide for one half reservation to women in all Panchayats. Hence the Bill. [L.A. Bill No. 18 of 2015, File No. Samvyashae 26 Shasana 2015] [entry 5 of List II of the Seventh Schedule to the Constitution of India.] XXI Amending Act 44 of 2015.- Manifesting the commitment to the cause of translating the constitutional mandate of empowering the Panchayat to effectively function as “Grama Swaraj”, Budget Speech 2014-15, Para, 277. “It is our prime duty to make the “Gram Swarajya” dream of Mahatma Gandhi into a reality” Hon’ble Chief Minister promised the State to initiate steps in this direction. Accordingly, the Government of Karnataka constituted a committee of experts headed by Sri Ramesh Kumar, Member of Legislative Assembly and former Speaker, Karnataka Legislative Assembly, to study the existing system and to recommend the means and measures to be adopted to holistically strengthen the Panchayats. The Committee held a series of meetings involving experts and stake holders and submitted its Report. The Report was considered by a Cabinet Sub-Committee and proposed amendments to the Karnataka Panchayat Raj Act. The Amendments are proposed to strengthen the Panchayat system to make villages free from fear, exploitation, and litigation, wherein every individual can live with self respect and dignity. To enhance the standards of living of rural people through effective implementation of rural development programs. Empowering women to achieve gender equality, eradicating the evil practices of open defecation, exploitation, and discrimination, ushering in an egalitarian society by empowering socially weaker sections in particular and people in general. The salient features of the Bill are as follows: