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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Chapter 2 of the Act Chapter 2 in KPR Act, 1993 has been
replaced by a new Amendment Act of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.