(1) For each Taluk, there shall be a Taluk Panchayat having jurisdiction, save as otherwise provided in this Act, over the entire Taluk excluding such portions of the Taluk as are included in a1[smaller urban area] or are under the authority of a municipal corporation,1[a Town Panchayat or an Industrial Township] constituted under any law for the time being in force:
Provided that a Taluk Panchayat may have its office in any area comprised within the excluded portion of the Taluk and in such area may exercise its powers and functions over schools and other institutions under its control or management.
(2) Every Taluk Panchayat shall be a body corporate by the name of "...................... Taluk Panchayat", shall have perpetual succession and a common seal and subject to such restrictions as are imposed by or under this or any other enactment, shall be vested with the capacity of suing or being sued in its corporate name, or acquiring, holding and transferring property, movable or immovable, whether without or within the limits of the area over which it has authority, of entering into contracts and of doing all things, necessary, proper and expedient for the purpose for which it is constituted.
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1. Substituted by Act 29 of 1997 w.e.f. 20.10.1997.
Section 119 - Establishment of Taluk Panchayat and its incorporation
(1) For each Taluk, there shall be a Taluk Panchayat having jurisdiction, save as otherwise provided in this Act, over the entire Taluk excluding such portions of the Taluk as are included in a1[smaller urban area] or are under the authority of a municipal corporation,1[a Town Panchayat or an Industrial Township] constituted under any law for the time being in force:
Provided that a Taluk Panchayat may have its office in any area comprised within the excluded portion of the Taluk and in such area may exercise its powers and functions over schools and other institutions under its control or management.
(2) Every Taluk Panchayat shall be a body corporate by the name of "...................... Taluk Panchayat", shall have perpetual succession and a common seal and subject to such restrictions as are imposed by or under this or any other enactment, shall be vested with the capacity of suing or being sued in its corporate name, or acquiring, holding and transferring property, movable or immovable, whether without or within the limits of the area over which it has authority, of entering into contracts and of doing all things, necessary, proper and expedient for the purpose for which it is constituted.
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1. Substituted by Act 29 of 1997 w.e.f. 20.10.1997.
Section 120 - Constitution of Taluk Panchayat
(1) Every Taluk Panchayat shall consist of,-
(i) the elected members as determined under section 122;
(ii) the members of the House of People and the State Legislative Assembly representing a part or whole of the Taluk, whose constituencies lie within the Taluk;
(iii) the members of the Council of States and the State Legislative Council who are registered as electors within the Taluk; and
(iv) one-fifth of the Adhyakshas of the Grama panchayats in the Taluk by rotation for a period of one year as the 1 [Adhyaksha of the Taluk Panchayat] may determine by lot:
Provided that an Adhyaksha who was a member under this clause for one term shall not be eligible to become member for a second term during the remainder of his term of office as Adhyaksha.
1 [(2) The members of the House of people, the State Legislative Assembly, the Council of States and the Legislative Council and the Adhyaksha of the Grama Panchayats referred to in clauses (ii), (iii) and (iv) of sub-section (1) shall be entitled to take part in the proceedings of, and vote at, the meetings of Taluk Panchayat except at a special meeting convened for the purpose of election of Adhyakshas and Upadhyakshas under sub-section (1) of section 138 or for considering a no confidence motion under sub-section (3) of section 140.]
(3) Notwithstanding anything contained in this section or sections 122,123 and 124 but subject to any general or special orders of the Government, where two-thirds of the total number of members of any Taluk Panchayat required to be elected have been elected the Taluk Panchayat shall be deemed to have been duly constituted under this Act.
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1. Substituted by Act 29 of 1997 w.e.f. 20.10.1997.
Section 120 - Constitution of Taluk Panchayat
(1) Every Taluk Panchayat shall consist of,-
(i) the elected members as determined under section 122;
(ii) the members of the House of People and the State Legislative Assembly representing a part or whole of the Taluk, whose constituencies lie within the Taluk;
(iii) the members of the Council of States and the State Legislative Council who are registered as electors within the Taluk; and
(iv) one-fifth of the Adhyakshas of the Grama panchayats in the Taluk by rotation for a period of one year as the 1 [Adhyaksha of the Taluk Panchayat] may determine by lot:
Provided that an Adhyaksha who was a member under this clause for one term shall not be eligible to become member for a second term during the remainder of his term of office as Adhyaksha.
1 [(2) The members of the House of people, the State Legislative Assembly, the Council of States and the Legislative Council and the Adhyaksha of the Grama Panchayats referred to in clauses (ii), (iii) and (iv) of sub-section (1) shall be entitled to take part in the proceedings of, and vote at, the meetings of Taluk Panchayat except at a special meeting convened for the purpose of election of Adhyakshas and Upadhyakshas under sub-section (1) of section 138 or for considering a no confidence motion under sub-section (3) of section 140.]
(3) Notwithstanding anything contained in this section or sections 122,123 and 124 but subject to any general or special orders of the Government, where two-thirds of the total number of members of any Taluk Panchayat required to be elected have been elected the Taluk Panchayat shall be deemed to have been duly constituted under this Act.
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1. Substituted by Act 29 of 1997 w.e.f. 20.10.1997.
Section 121 - Elected members
The number of elected members of a Taluk Panchayat shall consist of persons elected from the territorial constituencies in the Taluk as may be notified from time to time1[by the State Election Commission], at the rate of one member for every ten thousand population or part thereof, of the Taluk:
Provided that in Taluks having a population of not exceeding one lakh, there shall be a minimum of eleven elected members.
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1. Substituted by Act 37 of 2003 w.e.f. 1.10.2003.
Section 121 - Elected members
The number of elected members of a Taluk Panchayat shall consist of persons elected from the territorial constituencies in the Taluk as may be notified from time to time1[by the State Election Commission], at the rate of one member for every ten thousand population or part thereof, of the Taluk:
Provided that in Taluks having a population of not exceeding one lakh, there shall be a minimum of eleven elected members.
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1. Substituted by Act 37 of 2003 w.e.f. 1.10.2003.
Section 122 - Determination of elected members after each census
Upon the publication of the figures of each census, the number of elected members of a Taluk Panchayat1[shall be determined by the2[State Election Commission]] on the basis of the population of the Taluk as ascertained at that census:
Provided that the determination of the number as aforesaid shall not affect the then composition of the Taluk Panchayat until the expiry of the term of office of the elected members then in office.
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1. Substituted by Act 29 of 1997 w.e.f. 20.10.1997.
2. Substituted by Act 37 of 2003 w.e.f. 1.10.2003.
Section 122 - Determination of elected members after each census
Upon the publication of the figures of each census, the number of elected members of a Taluk Panchayat1[shall be determined by the2[State Election Commission]] on the basis of the population of the Taluk as ascertained at that census:
Provided that the determination of the number as aforesaid shall not affect the then composition of the Taluk Panchayat until the expiry of the term of office of the elected members then in office.
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1. Substituted by Act 29 of 1997 w.e.f. 20.10.1997.
2. Substituted by Act 37 of 2003 w.e.f. 1.10.2003.
Section 123 - Reservation of Seats
(1) Seats 1 [shall be reserved by the 2 [State Election Commission]] in a Taluk Panchayat,-
(a) for the Scheduled Castes; and
(b) for the Scheduled Tribes;
and the number of seats so reserved shall bear as nearly as may be, the same proportion to the total number of seats to be filled by direct election in the Taluk Panchayat as the population of the Scheduled Castes in the Taluk or of the Scheduled Tribes in the Taluk bears to the total population of the Taluk:
3 [Provided that at least one seat each shall be reserved in a Taluk Panchayat for the persons belonging to the Scheduled Casts and the Scheduled Tribes.]
(2) Such number of seats which shall, as nearly as may be one -third of the total number of seats in a Taluk Panchayat 4 [shall be reserved by the 1 [State Election Commission]] for persons belonging to the Backward Classes.
4 [Provided that out of the seats reserved under this sub-section eighty per cent of the total number of such seats 1 [shall be reserved by the 2 [State Election Commission]] for the persons falling under category 'A' and the remaining twenty per cent of the seats 1 [shall be reserved by the 2 [State Election Commission]] for the persons falling under category 'B'.]
(3) Not less than one third of the seats reserved for each category of persons belonging to the Scheduled Castes, Scheduled Tribes and Backward Classes and those of the non-reserved seats in a Taluk Panchayat 1 [shall be reserved by the 2 [State Election Commission]] for women:
Provided that the seats reserved under sub-sections (1), (2), and (3) shall be allotted by rotation to different constituencies in the Taluk:
Provided further that nothing contained in this section shall be deemed to prevent the persons belonging to the Scheduled Castes or Scheduled Tribes or Backward classes or women for whom seats have been reserved in a Taluk Panchayat from standing for election to the non-reserved seats in such Taluk Panchayat.
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1. Substituted by Act 29 of 1997 w.e.f. 20.10.1997.
2. Substituted by Act 37 of 2003 w.e.f. 1.10.2003.
3. Omitted by Act 10 of 1995 and inserted by Act 11 of 2000 w.e.f. 25.4.2000.
4. Inserted by Act 10 of 1995 w.e.f. 31.1.1995.
Section 123 - Reservation of Seats
(1) Seats 1 [shall be reserved by the 2 [State Election Commission]] in a Taluk Panchayat,-
(a) for the Scheduled Castes; and
(b) for the Scheduled Tribes;
and the number of seats so reserved shall bear as nearly as may be, the same proportion to the total number of seats to be filled by direct election in the Taluk Panchayat as the population of the Scheduled Castes in the Taluk or of the Scheduled Tribes in the Taluk bears to the total population of the Taluk:
3 [Provided that at least one seat each shall be reserved in a Taluk Panchayat for the persons belonging to the Scheduled Casts and the Scheduled Tribes.]
(2) Such number of seats which shall, as nearly as may be one -third of the total number of seats in a Taluk Panchayat 4 [shall be reserved by the 1 [State Election Commission]] for persons belonging to the Backward Classes.
4 [Provided that out of the seats reserved under this sub-section eighty per cent of the total number of such seats 1 [shall be reserved by the 2 [State Election Commission]] for the persons falling under category 'A' and the remaining twenty per cent of the seats 1 [shall be reserved by the 2 [State Election Commission]] for the persons falling under category 'B'.]
(3) Not less than one third of the seats reserved for each category of persons belonging to the Scheduled Castes, Scheduled Tribes and Backward Classes and those of the non-reserved seats in a Taluk Panchayat 1 [shall be reserved by the 2 [State Election Commission]] for women:
Provided that the seats reserved under sub-sections (1), (2), and (3) shall be allotted by rotation to different constituencies in the Taluk:
Provided further that nothing contained in this section shall be deemed to prevent the persons belonging to the Scheduled Castes or Scheduled Tribes or Backward classes or women for whom seats have been reserved in a Taluk Panchayat from standing for election to the non-reserved seats in such Taluk Panchayat.
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1. Substituted by Act 29 of 1997 w.e.f. 20.10.1997.
2. Substituted by Act 37 of 2003 w.e.f. 1.10.2003.
3. Omitted by Act 10 of 1995 and inserted by Act 11 of 2000 w.e.f. 25.4.2000.
4. Inserted by Act 10 of 1995 w.e.f. 31.1.1995.
Section 124 - Delimitation of territorial constituencies
1[The State Election Commission] shall, by notification,-
(a) divide the area within the jurisdiction of every Taluk Panchayat for the purpose of elections to such Taluk Panchayat into as many single member territorial constituencies as the number of members required to be elected under section 122.
(b) determine the extent of each territorial constituency; and
(c) determine the territorial constituency or constituencies in which seats are reserved for the Scheduled Castes, Scheduled Tribes, Backward Classes and women.
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1. Substituted by Act 37 of 2003 w.e.f. 1.10.2003.
Section 124 - Delimitation of territorial constituencies
1[The State Election Commission] shall, by notification,-
(a) divide the area within the jurisdiction of every Taluk Panchayat for the purpose of elections to such Taluk Panchayat into as many single member territorial constituencies as the number of members required to be elected under section 122.
(b) determine the extent of each territorial constituency; and
(c) determine the territorial constituency or constituencies in which seats are reserved for the Scheduled Castes, Scheduled Tribes, Backward Classes and women.
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1. Substituted by Act 37 of 2003 w.e.f. 1.10.2003.
Section 125 - Right to vote
(1) Every person whose name appears in the voters list relating to a constituency shall, subject to the other provisions of this Act, be entitled to vote at any election which takes place in that constituency while the voters list remains in force and no person whose name does not appear in such voters list shall vote at any such election.
(2) No person shall vote at an election under this Act in more than one constituency or more than once in the same constituency and if he does so, all his votes shall be invalid.
Section 126 - List of voters
(1) Subject to the provisions of sub-section (2), the electoral roll of the Zilla Panchayat for the time being in force for such part of the constituency shall be deemed to be the list of voters for such Taluk Panchayat constituency.
(2) No amendments, transposition or deletion of any entry in the electoral roll of the Zilla Panchayat made after the last date for making nominations for an election in any Taluk Panchayat constituency and before the completion of such election shall form part of the list of voters for such election for the purpose of this section.
1[(3) The Tahsildar concerned shall prepare in the prescribed manner a list of voters for each Taluk Panchayat constituency and the Executive Officer of the Taluk Panchayat shall maintain a copy of such list.]
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1. Substituted by Act 29 of 1998 w.e.f. 21.9.1998.
Section 126 - List of voters
(1) Subject to the provisions of sub-section (2), the electoral roll of the Zilla Panchayat for the time being in force for such part of the constituency shall be deemed to be the list of voters for such Taluk Panchayat constituency.
(2) No amendments, transposition or deletion of any entry in the electoral roll of the Zilla Panchayat made after the last date for making nominations for an election in any Taluk Panchayat constituency and before the completion of such election shall form part of the list of voters for such election for the purpose of this section.
1[(3) The Tahsildar concerned shall prepare in the prescribed manner a list of voters for each Taluk Panchayat constituency and the Executive Officer of the Taluk Panchayat shall maintain a copy of such list.]
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1. Substituted by Act 29 of 1998 w.e.f. 21.9.1998.
Section 127 - Qualifications of a candidate
(1) A person shall not be qualified to be chosen to fill a seat in a Taluk Panchayat unless his name is included in the list of voters of the Taluk Panchayat for the time being in force in the Taluk.
(2) A person shall not be qualified to be chosen from a territorial constituency to fill a seat in a Taluk Panchayat unless in the case of a seat reserved for the Scheduled Castes or Scheduled Tribes or Backward Classes or women, such person is a member of those castes or classes or is a woman.
Section 128 - Disqualification for members
(1) A person shall be disqualified for being chosen and for being member of a Taluk Panchayat,-
(a) if he is so disqualified by or under any law for the time being in force for the purposes of the elections to the State Legislature:
Provided that no person shall be disqualified on the ground that he is less than twenty five years, if he has attained the age of twenty-one years;
(b) if he is disqualified under the Karnataka Local Authorities (Prohibition of Defection) Act, 1987; or
(c) if he has been sentenced by a criminal court to imprisonment for a term exceeding three months in respect of an offence under the Karnataka Excise Act, 1965 (Karnataka Act 21 of 1966), such sentence not having been subsequently reversed or quashed or the offence pardoned; or
(d) if an order has been passed against him under section 117 of the Code Of Criminal Procedure, 1973 (Central Act 2 of 1974) in proceedings instituted under section 110 of the code, such order not having been subsequently reversed or quashed; or
(e) if he has been dismissed from service under any local authority; or
(f) if, having been a legal or medical practitioner or a chartered accountant he has been disenrolled or suspended by order of a competent authority, the disqualification in the latter case being operative during the period of such suspension; or
(g) if he has been removed from membership of any local authority; or
(h) if he holds any office of profit under any local or other authority subject to the control of the Central Government, the Government of Karnataka or the Government of any other State, other than such offices as are declared by rules made under this Act not to disqualify the holder.
Explanation.--For the purpose of this clause a person shall not be deemed to hold an office of profit under the Zilla Panchayat, Taluk Panchayat or Grama Panchayat by reason only that he is a Adhyaksha or Upadhyaksha of Zilla Panchayat, Taluk Panchayat or Grama Panchayat,-
(i) if save as hereinafter provided, he has directly, any share or interest in any work done by order of the Taluk Panchayat or in any contract or employment with or under or by or on behalf of the Taluk Panchayat, 1 [or if he is either directly or indirectly by himself or by his agent or partner or employee involved in obtaining or execution of any such work or contract on behalf of the Taluk Panchayat or of any contract for the supply of any goods and services to the Taluk Panchayat.] or
1 [(j) if he does not have a sanitary latrine for the use of the members of his family:
2 [Provided that nothing in this clause shall apply to a person, if at the time of filing his nomination he gives an undertaking to construct within one year from the date of commencement of his term of office as a member, a sanitary latrine for the use of members of his family and also complies with such undertaking after becoming a member]]
3 [(J-1). If he is disqualified under section 308C or]
4 [(k)] if he is employed as paid legal practitioner on behalf of the Taluk Panchayat or accepts an employment as legal practitioner against the TalukPanchayat:
Provided that,-
(a) the disqualification in clause (d) will cease to operate after the expiry of the period during which a person is ordered to furnish security;
(b) the disqualification in clauses (c), (e), or (f) will cease to operate after the expiry of five years from the date of such sentence, dismissal or disenrollment or removal;
(c) the disqualification in clause (g) will cease after the expiry of five years from the date of such removal;
3 [(cc) the disqualification under clause (j-1) will cease to operate after the expiry of three years from date of order by the State Election Commission under section 308C.]
(d) a person shall not be deemed to have incurred disqualification under clause(i) by reason of his,-
(i) having a share in any joint stock company or a share or interest in any association registered under the Karnataka Societies Registration Act, 1960 (Karnataka Act 17 of 1960) or in any co-operative society, which shall contract with or be employed by or on behalf of the Taluk Panchayat, or
(ii) having a share or interest in any newspaper in which any advertisement relating to the affairs of the Taluk Panchayat is inserted, or
(iii) holding a debenture or being otherwise concerned in any loan raised by or on behalf of the Taluk Panchayat.
5 [(2) If a person who is chosen as a member of a Taluk Panchayat is or becomes a member of the House of the People, the Council of States, the State Legislative Assembly, the State Legislative Council, or is or becomes a Municipal Councillor or a Councillor of a Municipal Corporation or a Councillor of a Town Panchayat, or a member of a Zilla Panchayat or Grama Panchayat then at the expiration of a period of fifteen days from the date of notification of the names of the members under section 133, or as the case may be, within fifteen days from the date of commencement of term of office of a member of the House of the people, the Council of states, the State Legislative Assembly or the State Legislative Council or a Municipal Councillor or a Councillor of a Municipal Corporation or a Councillor of a Town Panchayat or a member of a Zilla Panchayat or Grama Panchayat, his seat in the Taluk Panchayat shall become vacant unless he has previously resigned his seat in the House of the People, the Council of States, the State Legislative Assembly, the State Legislative Council, the Municipal Council, the Municipal Corporation, Town Panchayat, Zilla Panchayat or Grama Panchayat as the case may be.]
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1. Inserted by Act 29 of 1997 w.e.f. 20.10.1997.
2. Substituted by Act 11 of 2000 w.e.f. 25.4.2000.
3. Inserted by Act 37 of 2003 w.e.f. 1.10.2003.
4. Renumbered by Act 29 of 1997 w.e.f. 20.10.1997.
5. Substituted by Act 29 of 1997 w.e.f. 20.10.1997.
Section 128 - Disqualification for members
(1) A person shall be disqualified for being chosen and for being member of a Taluk Panchayat,-
(a) if he is so disqualified by or under any law for the time being in force for the purposes of the elections to the State Legislature:
Provided that no person shall be disqualified on the ground that he is less than twenty five years, if he has attained the age of twenty-one years;
(b) if he is disqualified under the Karnataka Local Authorities (Prohibition of Defection) Act, 1987; or
(c) if he has been sentenced by a criminal court to imprisonment for a term exceeding three months in respect of an offence under the Karnataka Excise Act, 1965 (Karnataka Act 21 of 1966), such sentence not having been subsequently reversed or quashed or the offence pardoned; or
(d) if an order has been passed against him under section 117 of the Code Of Criminal Procedure, 1973 (Central Act 2 of 1974) in proceedings instituted under section 110 of the code, such order not having been subsequently reversed or quashed; or
(e) if he has been dismissed from service under any local authority; or
(f) if, having been a legal or medical practitioner or a chartered accountant he has been disenrolled or suspended by order of a competent authority, the disqualification in the latter case being operative during the period of such suspension; or
(g) if he has been removed from membership of any local authority; or
(h) if he holds any office of profit under any local or other authority subject to the control of the Central Government, the Government of Karnataka or the Government of any other State, other than such offices as are declared by rules made under this Act not to disqualify the holder.
Explanation.--For the purpose of this clause a person shall not be deemed to hold an office of profit under the Zilla Panchayat, Taluk Panchayat or Grama Panchayat by reason only that he is a Adhyaksha or Upadhyaksha of Zilla Panchayat, Taluk Panchayat or Grama Panchayat,-
(i) if save as hereinafter provided, he has directly, any share or interest in any work done by order of the Taluk Panchayat or in any contract or employment with or under or by or on behalf of the Taluk Panchayat, 1 [or if he is either directly or indirectly by himself or by his agent or partner or employee involved in obtaining or execution of any such work or contract on behalf of the Taluk Panchayat or of any contract for the supply of any goods and services to the Taluk Panchayat.] or
1 [(j) if he does not have a sanitary latrine for the use of the members of his family:
2 [Provided that nothing in this clause shall apply to a person, if at the time of filing his nomination he gives an undertaking to construct within one year from the date of commencement of his term of office as a member, a sanitary latrine for the use of members of his family and also complies with such undertaking after becoming a member]]
3 [(J-1). If he is disqualified under section 308C or]
4 [(k)] if he is employed as paid legal practitioner on behalf of the Taluk Panchayat or accepts an employment as legal practitioner against the TalukPanchayat:
Provided that,-
(a) the disqualification in clause (d) will cease to operate after the expiry of the period during which a person is ordered to furnish security;
(b) the disqualification in clauses (c), (e), or (f) will cease to operate after the expiry of five years from the date of such sentence, dismissal or disenrollment or removal;
(c) the disqualification in clause (g) will cease after the expiry of five years from the date of such removal;
3 [(cc) the disqualification under clause (j-1) will cease to operate after the expiry of three years from date of order by the State Election Commission under section 308C.]
(d) a person shall not be deemed to have incurred disqualification under clause(i) by reason of his,-
(i) having a share in any joint stock company or a share or interest in any association registered under the Karnataka Societies Registration Act, 1960 (Karnataka Act 17 of 1960) or in any co-operative society, which shall contract with or be employed by or on behalf of the Taluk Panchayat, or
(ii) having a share or interest in any newspaper in which any advertisement relating to the affairs of the Taluk Panchayat is inserted, or
(iii) holding a debenture or being otherwise concerned in any loan raised by or on behalf of the Taluk Panchayat.
5 [(2) If a person who is chosen as a member of a Taluk Panchayat is or becomes a member of the House of the People, the Council of States, the State Legislative Assembly, the State Legislative Council, or is or becomes a Municipal Councillor or a Councillor of a Municipal Corporation or a Councillor of a Town Panchayat, or a member of a Zilla Panchayat or Grama Panchayat then at the expiration of a period of fifteen days from the date of notification of the names of the members under section 133, or as the case may be, within fifteen days from the date of commencement of term of office of a member of the House of the people, the Council of states, the State Legislative Assembly or the State Legislative Council or a Municipal Councillor or a Councillor of a Municipal Corporation or a Councillor of a Town Panchayat or a member of a Zilla Panchayat or Grama Panchayat, his seat in the Taluk Panchayat shall become vacant unless he has previously resigned his seat in the House of the People, the Council of States, the State Legislative Assembly, the State Legislative Council, the Municipal Council, the Municipal Corporation, Town Panchayat, Zilla Panchayat or Grama Panchayat as the case may be.]
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1. Inserted by Act 29 of 1997 w.e.f. 20.10.1997.
2. Substituted by Act 11 of 2000 w.e.f. 25.4.2000.
3. Inserted by Act 37 of 2003 w.e.f. 1.10.2003.
4. Renumbered by Act 29 of 1997 w.e.f. 20.10.1997.
5. Substituted by Act 29 of 1997 w.e.f. 20.10.1997.
Section 129 - Vacancy of seat`
(1) If any member of a Taluk Panchayat,-
(a) is or becomes subject to any of the disqualifications specified in section 128, or
(b) votes or takes part as a member in the discussion of any matter in which he has directly or indirectly any such share or interest as is described in sub-clauses (i) or (ii) of clause (d) of the proviso to sub-section (1) of section 128, or
(c) votes on or takes part in the discussion of any question in contravention of the provision of clause (g) of sub-section (2) of section 141, or
(d) being an elected member absents himself, for more than three consecutive ordinary meetings of the Taluk Panchayat unless leave so to absent himself, which shall not exceed six months, had been granted by the Taluk Panchayat1[xxx] his seat shall be deemed to be or to have become, as the case may be, vacant:
Provided that where an application is made by a member to the Taluk Panchayat for leave to absent himself under clause (d) and the Taluk Panchayat fails to inform the applicant of its decision on the application within a period of one month from the date of the application the leave applied for shall be deemed to have been granted by the Taluk Panchayat.
(2) The2[State Election Commission], on a report made to him and after giving a reasonable opportunity to the person concerned of being heard shall declare whether the seat of the member concerned is or has become vacant.
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1. Omitted by Act 37 of 2003 w.e.f. 1.10.2003.
2. Substituted by Act 29 of 1997 w.e.f. 20.10.1997.
Section 129 - Vacancy of seat`
(1) If any member of a Taluk Panchayat,-
(a) is or becomes subject to any of the disqualifications specified in section 128, or
(b) votes or takes part as a member in the discussion of any matter in which he has directly or indirectly any such share or interest as is described in sub-clauses (i) or (ii) of clause (d) of the proviso to sub-section (1) of section 128, or
(c) votes on or takes part in the discussion of any question in contravention of the provision of clause (g) of sub-section (2) of section 141, or
(d) being an elected member absents himself, for more than three consecutive ordinary meetings of the Taluk Panchayat unless leave so to absent himself, which shall not exceed six months, had been granted by the Taluk Panchayat1[xxx] his seat shall be deemed to be or to have become, as the case may be, vacant:
Provided that where an application is made by a member to the Taluk Panchayat for leave to absent himself under clause (d) and the Taluk Panchayat fails to inform the applicant of its decision on the application within a period of one month from the date of the application the leave applied for shall be deemed to have been granted by the Taluk Panchayat.
(2) The2[State Election Commission], on a report made to him and after giving a reasonable opportunity to the person concerned of being heard shall declare whether the seat of the member concerned is or has become vacant.
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1. Omitted by Act 37 of 2003 w.e.f. 1.10.2003.
2. Substituted by Act 29 of 1997 w.e.f. 20.10.1997.
Section 130 - Method of voting and procedure for election
(1) Every elector shall have as many votes as there are members to be elected. No elector shall give more than one vote to any one candidate.
(2) Subject to the provisions of this Act, elections to the Taluk Panchayat shall be held by ballot in accordance with such rules as may be prescribed.
(3) The provisions of sections 26, 27, 28, 29, 30, 31,1[31A, 31B], 32, 33, 34, 35, 36, 37, 38, 39, and 40 shall apply in respect of elections to Taluk Panchayat as they apply to elections to Grama Panchayats.
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1. Inserted by Act 29 of 1997 w.e.f. 20.10.1997.
Section 130 - Method of voting and procedure for election
(1) Every elector shall have as many votes as there are members to be elected. No elector shall give more than one vote to any one candidate.
(2) Subject to the provisions of this Act, elections to the Taluk Panchayat shall be held by ballot in accordance with such rules as may be prescribed.
(3) The provisions of sections 26, 27, 28, 29, 30, 31,1[31A, 31B], 32, 33, 34, 35, 36, 37, 38, 39, and 40 shall apply in respect of elections to Taluk Panchayat as they apply to elections to Grama Panchayats.
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1. Inserted by Act 29 of 1997 w.e.f. 20.10.1997.
Section 131 - Prohibition of simultaneous membership
(1) If a person is elected by more than one Taluk Panchayat constituency he shall, by notice in writing signed by him and delivered to the Deputy Commissioner or any other prescribed officer, within the prescribed time, choose any one of the constituencies which he shall serve, and the choice shall be final.
(2) If the person does not make the choice referred to in sub-section (1), the Deputy Commissioner or the prescribed officer, shall determine by lot and notify the constituency which such person shall serve.
(3) Such person shall be deemed to have been elected only for the constituency so chosen or notified, as the case may be and the vacancy or vacancies thereby arising in respect of the other constituency or constituencies shall be filled by election.
Section 132 - Application of certain sections relating to elections
(1) The provisions of sections 15, 16, 17, 18, 19, 20, 21, 22, 23, and 24 shall apply mutatis mutandis in respect of election to Taluk Panchayat, the application being to the1[Civil Judge (Senior Division)] having jurisdiction and the deposit as security for costs being one thousand rupees.
(2) Any person aggrieved by any decision or order of the1[Civil Judge (Senior division)] under this section may, within thirty days from the date of such decision or order appeal to the District Judge and the decision of the District Judge on such appeal shall be final.
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1. Substituted by Act 29 of 1997 w.e.f. 20.10.1997.
Section 132 - Application of certain sections relating to elections
(1) The provisions of sections 15, 16, 17, 18, 19, 20, 21, 22, 23, and 24 shall apply mutatis mutandis in respect of election to Taluk Panchayat, the application being to the1[Civil Judge (Senior Division)] having jurisdiction and the deposit as security for costs being one thousand rupees.
(2) Any person aggrieved by any decision or order of the1[Civil Judge (Senior division)] under this section may, within thirty days from the date of such decision or order appeal to the District Judge and the decision of the District Judge on such appeal shall be final.
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1. Substituted by Act 29 of 1997 w.e.f. 20.10.1997.
Section 133 - Publication of names of members
The names of members elected to any Taluk Panchayat shall be1[reported to the Commissioner who shall notify the names] in the Official Gazette.
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1. Substituted by Act 8 of 2000 w.e.f. 3.4.2000.
Section 133 - Publication of names of members
The names of members elected to any Taluk Panchayat shall be1[reported to the Commissioner who shall notify the names] in the Official Gazette.
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1. Substituted by Act 8 of 2000 w.e.f. 3.4.2000.
Section 134 - Term of office of members
(1) Except as is otherwise provided in this Act, members of a Taluk Panchayat elected at a general election shall hold office for a term of five years.
(2) The term of office of the members elected at a general election shall commence on the date appointed for the first meeting of the Taluk Panchayat.
(3) The term of office of a member elected to fill a casual vacancy shall commence on the date of publication of his name under section 134.
Section 135 - Resignation of members
A member of a Taluk Panchayat may resign his membership in writing under his hand addressed to the Adhyaksha of the Taluk Panchayat and his seat shall become vacant on the expiry of fifteen clear days from the date of such resignation unless within the said period of fifteen days, he withdraws such resignation by writing under his hand addressed to the Adhyaksha.1[The Adhyaksha shall cause the letter of resignation to be laid in the next meeting of the Taluk Panchayat.]
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1. Inserted by Act 29 of 1997 w.e.f. 20.10.1997.
Section 135 - Resignation of members
A member of a Taluk Panchayat may resign his membership in writing under his hand addressed to the Adhyaksha of the Taluk Panchayat and his seat shall become vacant on the expiry of fifteen clear days from the date of such resignation unless within the said period of fifteen days, he withdraws such resignation by writing under his hand addressed to the Adhyaksha.1[The Adhyaksha shall cause the letter of resignation to be laid in the next meeting of the Taluk Panchayat.]
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1. Inserted by Act 29 of 1997 w.e.f. 20.10.1997.
Section 136 - Removal of members for misconduct
The Government if it thinks fit1[on the recommendation of the Taluk Panchayat or otherwise and if necessary after obtaining a report from the Zilla Panchayat and considering the same], may remove any member after giving him an opportunity of being heard and after such enquiry as it deems necessary if such member has been guilty of misconduct in the discharge of his duties or of any disgraceful conduct or has become incapable of performing his duties as a member.
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1. Substituted by Act 29 of 1997 w.e.f. 20.10.1997.
Section 136 - Removal of members for misconduct
The Government if it thinks fit1[on the recommendation of the Taluk Panchayat or otherwise and if necessary after obtaining a report from the Zilla Panchayat and considering the same], may remove any member after giving him an opportunity of being heard and after such enquiry as it deems necessary if such member has been guilty of misconduct in the discharge of his duties or of any disgraceful conduct or has become incapable of performing his duties as a member.
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1. Substituted by Act 29 of 1997 w.e.f. 20.10.1997.
Section 136A - Members to declare assets
1 [136-A. Members to declare assets
(1) Every member shall within three months from the date of commencement of his term of office and until the expiry of his term, in every calendar year file a declaration of assets owned by him and any member of his family, in such manner and in such form as may be prescribed, before the State Election Commission or the competent authority as may be notified by the Government.
(2) Where a member, after filing a declaration under sub-section (1), acquires or disposes any asset he shall file further declaration to this effect before the State Election Commission or competent authority, within three months from the date of such acquisition or disposal, as the case may be.
(3) Any member, who fails to file the declaration under sub-section (1) or sub-section (2) or files the same knowing it to be false or incorrect shall cease to be member.
(4) Any question whether a member has ceased to be a member under sub-section (3), shall, on a reference made by the Taluk Panchayat to the State Election Commission be decided by it and the decision of the State Election Commission thereon shall be final.
Explanation: For the purposes of this section "Family" means the spouse and dependent children of the member.]
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1. Inserted by Act 37 of 2003 w.e.f. 1.10.2003.
Section 136A - Members to declare assets
1 [136-A. Members to declare assets
(1) Every member shall within three months from the date of commencement of his term of office and until the expiry of his term, in every calendar year file a declaration of assets owned by him and any member of his family, in such manner and in such form as may be prescribed, before the State Election Commission or the competent authority as may be notified by the Government.
(2) Where a member, after filing a declaration under sub-section (1), acquires or disposes any asset he shall file further declaration to this effect before the State Election Commission or competent authority, within three months from the date of such acquisition or disposal, as the case may be.
(3) Any member, who fails to file the declaration under sub-section (1) or sub-section (2) or files the same knowing it to be false or incorrect shall cease to be member.
(4) Any question whether a member has ceased to be a member under sub-section (3), shall, on a reference made by the Taluk Panchayat to the State Election Commission be decided by it and the decision of the State Election Commission thereon shall be final.
Explanation: For the purposes of this section "Family" means the spouse and dependent children of the member.]
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1. Inserted by Act 37 of 2003 w.e.f. 1.10.2003.
Section 137 - Casual vacancies how to be filled up
A casual vacancy of a member of a Taluk Panchayat shall be filled up, as soon as conveniently may be, by the election of a person thereto who shall hold office so long only as the member in whose place he is elected could have held office if the vacancy had not occurred.
Section 138 - Election of Adhyaksha and Upadhyaksha and term of office
(1) The elected members of the Taluk Panchayat referred to in clause (i) of sub-section (1) of section 121 shall 1 [2 [within one month from the date of publication of names of members under section 133] after every general election of Members of Taluk Panchayat or on its reconstitution or establishment under this Act or immediately before the expiry of the term of office of Adhyaksha and Upadhyaksha] choose two members from amongst them to be respectively Adhyaksha and Upadhyaksha thereof, and so often as there is a casual vacancy in the office of Adhyaksha and Upadhyaksha they shall choose another member from amongst them to be Adhyaksha or Upadhyaksha, as the case may be:
Provided that no election shall be held if the vacancy is for a period of less than one month.
(2) There shall be reserved by the 3 [Government], in the prescribed manner,-
(a) such number of offices of Adhyaksha and Upadhyaksha of Taluk Panchayat in the State for the persons belonging to the Scheduled Castes and Scheduled Tribes and the number of such offices bearing as nearly as may be the same proportion to the total number of offices in the State as the population of the Scheduled Castes in the State or of the Scheduled Tribes in the State bears to the total population of the State;
4 [Proviso x x x]
(b) such number of offices of Adhyaksha and Upadhyaksha of Taluk Panchayats which shall as nearly as may be one-third of the total number of offices of the Adhyaksha and Upadhyaksha in the State, for the persons belonging to the Backward Classes:
5 [Provided that out of the offices reserved under this clause, eighty per cent of the total number of such offices shall be reserved for the persons falling under category 'A' and the remaining twenty per cent of the offices shall be reserved for the persons falling under category 'B' :
Provided further that if no person falling under category 'A' is available, the offices reserved for that category shall also be filled by the persons falling under category 'B' and vice versa.]
(c) not less than one-third of the total number of offices of Adhyaksha and Upadhyaksha of the Taluk Panchayats in the State from each of the categories reserved for persons belonging to the Scheduled Castes, Scheduled Tribes and backward Classes and those which are non-reserved, for women:
Provided that the offices reserved under this sub-section shall be allotted by rotation to different Taluk Panchayats.
Explanation.--For the removal of doubts it is hereby declared that the principle of rotation for the purposes of reservation of offices under this sub-section shall commence from the first election to be held after the commencement of the Karnataka Panchayat Raj Act, 1993.
1 [(3) The term of office of every Adhyaksha and every Upadhyaksha of taluk Panchayat shall, save as otherwise provided in this Act, be Twenty months from the date of his election or till he ceases to be a member of taluk Panchayat, which ever is earlier:]
6 [Provided that the member who is elected as Adhyaksha or Upadhyaksha to fill the casual vacancy in the office of Adhyaksha or Upadhyaksha shall hold office for the remainder of the period for which the Adhyaksha or Upadhyaksha in whose place he has been elected would have held office if the vacancy had not occured.][Provided that the member who is elected as Adhyaksha or Upadhyaksha to fill the casual vacancy in the office of Adhyaksha or Upadhyaksha shall hold office for the remainder of the period for which the Adhyaksha or Upadhyaksha in whose place he has been elected would have held office if the vacancy had not occured.]
(4) The election of Adhyaksha and Upadhyaksha, filling of Vacancies in the said offices and determination of disputes relating such election shall be in accordance with such rules as may be prescribed;
2 [Provided that the Civil Judge (Senior Division) having Jurisdiction, shall determine such election dispute.]
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1. Substituted by Act 17 of 1996 w.e.f. 23.9.1996.
2. Substituted by Act 29 of 1997 w.e.f. 20.10.1997..
3. Substituted by Act 8 of 2000 w.e.f. 3.4.2000.
4. Omitted by Act 10 of 1995 w.e.f. 13.1.1995.
5. Inserted by Act 10 of 1995 w.e.f. 13.1.1995.
6. Inserted by Act 10 of 1997 w.e.f. 23.9.1996.
Section 138 - Election of Adhyaksha and Upadhyaksha and term of office
(1) The elected members of the Taluk Panchayat referred to in clause (i) of sub-section (1) of section 121 shall 1 [2 [within one month from the date of publication of names of members under section 133] after every general election of Members of Taluk Panchayat or on its reconstitution or establishment under this Act or immediately before the expiry of the term of office of Adhyaksha and Upadhyaksha] choose two members from amongst them to be respectively Adhyaksha and Upadhyaksha thereof, and so often as there is a casual vacancy in the office of Adhyaksha and Upadhyaksha they shall choose another member from amongst them to be Adhyaksha or Upadhyaksha, as the case may be:
Provided that no election shall be held if the vacancy is for a period of less than one month.
(2) There shall be reserved by the 3 [Government], in the prescribed manner,-
(a) such number of offices of Adhyaksha and Upadhyaksha of Taluk Panchayat in the State for the persons belonging to the Scheduled Castes and Scheduled Tribes and the number of such offices bearing as nearly as may be the same proportion to the total number of offices in the State as the population of the Scheduled Castes in the State or of the Scheduled Tribes in the State bears to the total population of the State;
4 [Proviso x x x]
(b) such number of offices of Adhyaksha and Upadhyaksha of Taluk Panchayats which shall as nearly as may be one-third of the total number of offices of the Adhyaksha and Upadhyaksha in the State, for the persons belonging to the Backward Classes:
5 [Provided that out of the offices reserved under this clause, eighty per cent of the total number of such offices shall be reserved for the persons falling under category 'A' and the remaining twenty per cent of the offices shall be reserved for the persons falling under category 'B' :
Provided further that if no person falling under category 'A' is available, the offices reserved for that category shall also be filled by the persons falling under category 'B' and vice versa.]
(c) not less than one-third of the total number of offices of Adhyaksha and Upadhyaksha of the Taluk Panchayats in the State from each of the categories reserved for persons belonging to the Scheduled Castes, Scheduled Tribes and backward Classes and those which are non-reserved, for women:
Provided that the offices reserved under this sub-section shall be allotted by rotation to different Taluk Panchayats.
Explanation.--For the removal of doubts it is hereby declared that the principle of rotation for the purposes of reservation of offices under this sub-section shall commence from the first election to be held after the commencement of the Karnataka Panchayat Raj Act, 1993.
1 [(3) The term of office of every Adhyaksha and every Upadhyaksha of taluk Panchayat shall, save as otherwise provided in this Act, be Twenty months from the date of his election or till he ceases to be a member of taluk Panchayat, which ever is earlier:]
6 [Provided that the member who is elected as Adhyaksha or Upadhyaksha to fill the casual vacancy in the office of Adhyaksha or Upadhyaksha shall hold office for the remainder of the period for which the Adhyaksha or Upadhyaksha in whose place he has been elected would have held office if the vacancy had not occured.][Provided that the member who is elected as Adhyaksha or Upadhyaksha to fill the casual vacancy in the office of Adhyaksha or Upadhyaksha shall hold office for the remainder of the period for which the Adhyaksha or Upadhyaksha in whose place he has been elected would have held office if the vacancy had not occured.]
(4) The election of Adhyaksha and Upadhyaksha, filling of Vacancies in the said offices and determination of disputes relating such election shall be in accordance with such rules as may be prescribed;
2 [Provided that the Civil Judge (Senior Division) having Jurisdiction, shall determine such election dispute.]
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1. Substituted by Act 17 of 1996 w.e.f. 23.9.1996.
2. Substituted by Act 29 of 1997 w.e.f. 20.10.1997..
3. Substituted by Act 8 of 2000 w.e.f. 3.4.2000.
4. Omitted by Act 10 of 1995 w.e.f. 13.1.1995.
5. Inserted by Act 10 of 1995 w.e.f. 13.1.1995.
6. Inserted by Act 10 of 1997 w.e.f. 23.9.1996.
Section 139 - Salary and allowances to the Adhyaksha, Upadhyaksha and other members
(1) The salary and allowances of Adhyaksha and Upadhyaksha of Taluk Panchayat shall be as prescribed.
(2) Every member of the Taluk Panchayat other than the Adhyaksha and Upadhyaksha shall be entitled to receive such sitting fee and other allowances, as may be prescribed.
Section 140 - Resignation or removal of Adhyaksha and Upadhyaksha
(1) A member holding office as Adhyaksha of the Taluk Panchayat may resign his office at any time by writing under his hand addressed to the Deputy Commissioner and the Upadhyaksha may resign his office at any time by writing under his hand addressed to the Adhyaksha and in the absence of Adhyaksha to the Deputy Commissioner and the office shall become vacant on the expiry of fifteen days from the date of such resignation unless within the said period of fifteen days he withdraws such resignation by writing under his hand addressed to the Deputy Commissioner or the Adhyaksha, as the case may be.
(2) Every Adhyaksha or Upadhyaksha of Taluk Panchayat shall vacate office if he ceases to be a member of the Taluk Panchayat.
(3) Every Adhyaksha and every Upadhyaksha of the Taluk Panchayat shall be deemed to have vacated his office forthwith if a resolution expressing want of confidence in him is passed by a majority of the total number of elected members of the Taluk Panchayat at a meeting specially convened for the purpose:
1 [Provided that no resolution expressing want of confidence in Adhyaksha or Upadhyaksha shall be moved within six months, from the date of his selection:
Provided further that where a resolution expressing want of confidence in any Adhyaksha or Upadhyaksha has been considered and negatived by a Taluk Panchayat, a similar resolution in respect of the same Adhyaksha or Apadhyaksha shall not be given notice of, or moved, within six months from the date of the decision of the Taluk Panchayat.]
(4) Every Adhyaksha and Upadhyaksha of the Taluk Panchayat shall, after an opportunity is afforded for hearing him, 1 [and if necessary after obtaining a report from the Zilla Panchayat and considering the same] be removable from his office as Adhyaksha or Upadhyaksha by the Government for misconduct in the discharge of his duties, for being persistently remiss in the discharge of his duties and an Adhyaksha or Upadhyaksha so removed who does not cease to be a member under sub-section (2) shall not be eligible for re-election as Adhyaksha or Upadhyaksha during the remaining term of office as member of such Taluk Panchayat.
(5) An Adhyaksha or Upadhyaksha removed from his office under sub-section (4) may also be removed by the Government from membership of the Taluk Panchayat.
2 [(6) Where the offices of both Adhyaksha and Upadhyaksha of Taluk Panchayat are vacant, the Chairman of the Standing Committee on Social Justice shall exercise the powers and perform the duties of the Adhyaksha, until an Adhyadsha or Upadhyaksha is duly elected].
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1. Inserted by Act 29 of 1997 w.e.f. 20.10.1997.
2. Inserted by Act 37 of 2003 w.e.f. 1.10.2003.
Section 140 - Resignation or removal of Adhyaksha and Upadhyaksha
(1) A member holding office as Adhyaksha of the Taluk Panchayat may resign his office at any time by writing under his hand addressed to the Deputy Commissioner and the Upadhyaksha may resign his office at any time by writing under his hand addressed to the Adhyaksha and in the absence of Adhyaksha to the Deputy Commissioner and the office shall become vacant on the expiry of fifteen days from the date of such resignation unless within the said period of fifteen days he withdraws such resignation by writing under his hand addressed to the Deputy Commissioner or the Adhyaksha, as the case may be.
(2) Every Adhyaksha or Upadhyaksha of Taluk Panchayat shall vacate office if he ceases to be a member of the Taluk Panchayat.
(3) Every Adhyaksha and every Upadhyaksha of the Taluk Panchayat shall be deemed to have vacated his office forthwith if a resolution expressing want of confidence in him is passed by a majority of the total number of elected members of the Taluk Panchayat at a meeting specially convened for the purpose:
1 [Provided that no resolution expressing want of confidence in Adhyaksha or Upadhyaksha shall be moved within six months, from the date of his selection:
Provided further that where a resolution expressing want of confidence in any Adhyaksha or Upadhyaksha has been considered and negatived by a Taluk Panchayat, a similar resolution in respect of the same Adhyaksha or Apadhyaksha shall not be given notice of, or moved, within six months from the date of the decision of the Taluk Panchayat.]
(4) Every Adhyaksha and Upadhyaksha of the Taluk Panchayat shall, after an opportunity is afforded for hearing him, 1 [and if necessary after obtaining a report from the Zilla Panchayat and considering the same] be removable from his office as Adhyaksha or Upadhyaksha by the Government for misconduct in the discharge of his duties, for being persistently remiss in the discharge of his duties and an Adhyaksha or Upadhyaksha so removed who does not cease to be a member under sub-section (2) shall not be eligible for re-election as Adhyaksha or Upadhyaksha during the remaining term of office as member of such Taluk Panchayat.
(5) An Adhyaksha or Upadhyaksha removed from his office under sub-section (4) may also be removed by the Government from membership of the Taluk Panchayat.
2 [(6) Where the offices of both Adhyaksha and Upadhyaksha of Taluk Panchayat are vacant, the Chairman of the Standing Committee on Social Justice shall exercise the powers and perform the duties of the Adhyaksha, until an Adhyadsha or Upadhyaksha is duly elected].
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1. Inserted by Act 29 of 1997 w.e.f. 20.10.1997.
2. Inserted by Act 37 of 2003 w.e.f. 1.10.2003.
Section 141 - Meetings of Taluk Panchayat
(1) A Taluk Panchayat shall hold a meeting for the transaction of business at least once in two months (hereinafter in this section called the ordinary meeting) and shall subject to the provisions of the following sub-sections, make regulations not inconsistent with this Act, or with any rules made thereunder with respect to the day, hour, notice, management and adjournment of its meetings and generally with respect to the transaction of business thereto. Every meeting of the Taluk Panchayat shall ordinarily be held at the headquarters of the Taluk Panchayat.
(2) (a) The date of the first meeting of the Taluk Panchayat after the first Constitution or reconstitution, 1 [or the date of subsequent meeting for the purpose of election of Adhysksha or Upadhyksha, as the case may be] shall be fixed by the Assistant Commissioner who shall preside at such meeting and date of each subsequent ordinary meeting shall be fixed at the previous meeting of the Taluk Panchayat, provided that the Adhyaksha may for sufficient reasons, alter the day of the meeting to a subsequent date. The Adhyaksha may, whenever he thinks fit and shall, upon the written request of not less than one-third of the total number of members and on a date within fifteen days from the receipt of such request, call a special meeting. Such request shall specify the object for which the meeting is proposed to be called. If the Adhyaksha fails to call a special meeting, the Upadhyaksha or one-third of the total number of members may call the special meeting for a day not more than fifteen days after presentation of such request and require the Executive Officer to give notice to the members and to take such action as may be necessary to convene the meeting.
(b) Ten clear day's notice of an ordinary meeting and seven clear day's notice of a special meeting specifying the time at which such meeting is to be held and the business to be transacted thereat, shall be sent to the members and pasted up at the office of the Taluk Panchayat. Such notice shall include in the case of a special meeting any motion or proposition mentioned in the written request made for such meeting.
(c) 2 [One-half] of the total number of members of the Taluk Panchayat shall form a quorum for transaction of business at a meeting of the Taluk Panchayat. If at the time appointed for the meeting a quorum is not present, the person presiding shall, wait for thirty minutes and if within such period there is a quorum proceed with the meeting; but if within such period there is no quorum the person presiding shall adjourn the meeting to such hour on some future day as he may fix. He shall similarly adjourn the meeting at any time after it has begun if his attention is drawn to the want of a quorum. At such adjourned meeting at which there is quorum the business which would have been brought before the original meeting shall be transacted.
(d) Every meeting shall be open to the public unless the presiding authority considers that any enquiry or deliberation pending before the Taluk Panchayat should be held in camera and the said authority may at any time cause any person who interrupts the proceedings to be removed.
(e) Every meeting shall be presided over by the Adhyaksha or if he is absent, 2 [or if the office of Adhyaksha is vacant] by the Upadhyaksha and if both the Adhyaksha and Upadhyaksha are absent 2 [or if the offices of both Adhyaksha and Upadhyaksha are vacant] or if the Adhyaksha is absent and there is no Upadhyaksha the members present shall elect one from among themselves to preside.
(f) All questions shall, unless otherwise specially provided be decided by a majority of votes of the members present and voting. The presiding member, unless he refrains from voting, shall give vote before declaring the number of votes, for and against a question and in case of equality of votes, he may give his casting vote.
(g) No member of a Taluk Panchayat shall vote on, or take part in the discussion of, any question coming up for consideration at a meeting of the Taluk Panchayat or any committee, if the question is one in which apart from its general application to the public he has any direct pecuniary interest.2 [It shall be the duty of every member of the Taluk Panchayat to disclose to the Taluk Panchayat any pecuniary interest that he has, direct or `indirect, in any question coming up for consideration at a meeting of the Taluk Panchayat]
(h) If the person presiding is believed by any member present at the meeting to have any such pecuniary interest in any matter under discussion , and if a motion to that effect be carried, he shall not preside at the meting during such discussion, or vote on, or take part in it. Any member of the Taluk Panchayat may be chosen to preside at the meeting during the continuance of such discussion.
(i) No proposition shall be discussed at any ordinary meeting unless it has been entered in the notice convening such meeting or in the case of a special meeting, in the written request for such meting. A member may propose any resolution connected with or incidental to the subjects included in the list of business. The Adhyaksha may propose any urgent subject of a routine nature not included in the list of business if no member objects to it. No permission shall be given in the case of a motion or proposition to modify or cancel any resolution 3 [within six months] after the passing thereof except in accordance with clause (k). The order in which any business or proposition shall be brought forward at such meeting shall be determined by the presiding authority who in case it is proposed by any member to give particular proposition, shall put the proposal to the meeting and be guided by the majority of votes given for or against the proposal.
(j) Any ordinary meeting may, with the consent of a majority of the members present be adjourned from time to time, but no business shall be transacted at any adjourned meeting other than that left undisposed at the meeting from which the adjournment took place.
(k) No resolution of Taluk Panchayat shall be modified or cancelled within six months after the passing thereof except by a resolution passed by not less than one-half of the total number of members at an ordinary or special meeting, any notice whereof shall have been given fulfilling the requirements of clause (b) and setting forth fully the resolution which it is proposed to modify fully or cancel at such meeting and motion or proposition for the modification or cancellation of such resolution.
(3) The proceedings of every meeting shall be recorded in the minute book immediately after the deliberations of the meeting and shall after being read over by the presiding authority of the meeting be signed by him. The action taken on the decisions of the Taluk Panchayat shall be reported at the next meeting of the Taluk Panchayat. The minute book shall always be kept in the office of the Taluk Panchayat. The minute book shall not be taken outside the Taluk Panchayat office under any circumstances. The Executive Officer shall be the custodian of the minute book. 2 [A copy of the proceedings shall be displayed on the notice board within three days from the date of meeting of the Taluk Panchayat along with the details of the names of the members voting respectively for or against the resolutions passed in the meeting.]
(4) A copy of every resolution passed by a Taluk Panchayat at a meeting shall, within ten days from the day of the meeting, be forwarded to 4 [x x x] the Chief Executive Officer 2 [and copies of the minutes of the meeting shall be furnished to all members]
(5) During any vacancy in the Taluk Panchayat or any committee thereof, continuing members may act as if no vacancy had occurred.
2 [(6) Notwithstanding anything contained in this Act where a meeting is convened to consider a motion expressing want of confidence,-
(i) in the Adhyaksha, it shall be presided over by the Upadhyaksha,
(ii) in the Upadhyaksha, it shall be presided over by the Adhyaksha,
(iii) in both the Adhyaksha and Upadhyaksha, it shall be presided over by a member elected from amongst the elected members present at the meeting.]
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1. Inserted by Act 1 of 1997 w.e.f. 26.2.1997.
2. Substituted by Act 37 of 2003 w.e.f. 1.10.2003.
3. Substituted by Act 29 of 1997 w.e.f. 20.10.1997.
4. Omitted by Act 29 of 1997 w.e.f. 20.10.1997.
Section 141 - Meetings of Taluk Panchayat
(1) A Taluk Panchayat shall hold a meeting for the transaction of business at least once in two months (hereinafter in this section called the ordinary meeting) and shall subject to the provisions of the following sub-sections, make regulations not inconsistent with this Act, or with any rules made thereunder with respect to the day, hour, notice, management and adjournment of its meetings and generally with respect to the transaction of business thereto. Every meeting of the Taluk Panchayat shall ordinarily be held at the headquarters of the Taluk Panchayat.
(2) (a) The date of the first meeting of the Taluk Panchayat after the first Constitution or reconstitution, 1 [or the date of subsequent meeting for the purpose of election of Adhysksha or Upadhyksha, as the case may be] shall be fixed by the Assistant Commissioner who shall preside at such meeting and date of each subsequent ordinary meeting shall be fixed at the previous meeting of the Taluk Panchayat, provided that the Adhyaksha may for sufficient reasons, alter the day of the meeting to a subsequent date. The Adhyaksha may, whenever he thinks fit and shall, upon the written request of not less than one-third of the total number of members and on a date within fifteen days from the receipt of such request, call a special meeting. Such request shall specify the object for which the meeting is proposed to be called. If the Adhyaksha fails to call a special meeting, the Upadhyaksha or one-third of the total number of members may call the special meeting for a day not more than fifteen days after presentation of such request and require the Executive Officer to give notice to the members and to take such action as may be necessary to convene the meeting.
(b) Ten clear day's notice of an ordinary meeting and seven clear day's notice of a special meeting specifying the time at which such meeting is to be held and the business to be transacted thereat, shall be sent to the members and pasted up at the office of the Taluk Panchayat. Such notice shall include in the case of a special meeting any motion or proposition mentioned in the written request made for such meeting.
(c) 2 [One-half] of the total number of members of the Taluk Panchayat shall form a quorum for transaction of business at a meeting of the Taluk Panchayat. If at the time appointed for the meeting a quorum is not present, the person presiding shall, wait for thirty minutes and if within such period there is a quorum proceed with the meeting; but if within such period there is no quorum the person presiding shall adjourn the meeting to such hour on some future day as he may fix. He shall similarly adjourn the meeting at any time after it has begun if his attention is drawn to the want of a quorum. At such adjourned meeting at which there is quorum the business which would have been brought before the original meeting shall be transacted.
(d) Every meeting shall be open to the public unless the presiding authority considers that any enquiry or deliberation pending before the Taluk Panchayat should be held in camera and the said authority may at any time cause any person who interrupts the proceedings to be removed.
(e) Every meeting shall be presided over by the Adhyaksha or if he is absent, 2 [or if the office of Adhyaksha is vacant] by the Upadhyaksha and if both the Adhyaksha and Upadhyaksha are absent 2 [or if the offices of both Adhyaksha and Upadhyaksha are vacant] or if the Adhyaksha is absent and there is no Upadhyaksha the members present shall elect one from among themselves to preside.
(f) All questions shall, unless otherwise specially provided be decided by a majority of votes of the members present and voting. The presiding member, unless he refrains from voting, shall give vote before declaring the number of votes, for and against a question and in case of equality of votes, he may give his casting vote.
(g) No member of a Taluk Panchayat shall vote on, or take part in the discussion of, any question coming up for consideration at a meeting of the Taluk Panchayat or any committee, if the question is one in which apart from its general application to the public he has any direct pecuniary interest.2 [It shall be the duty of every member of the Taluk Panchayat to disclose to the Taluk Panchayat any pecuniary interest that he has, direct or `indirect, in any question coming up for consideration at a meeting of the Taluk Panchayat]
(h) If the person presiding is believed by any member present at the meeting to have any such pecuniary interest in any matter under discussion , and if a motion to that effect be carried, he shall not preside at the meting during such discussion, or vote on, or take part in it. Any member of the Taluk Panchayat may be chosen to preside at the meeting during the continuance of such discussion.
(i) No proposition shall be discussed at any ordinary meeting unless it has been entered in the notice convening such meeting or in the case of a special meeting, in the written request for such meting. A member may propose any resolution connected with or incidental to the subjects included in the list of business. The Adhyaksha may propose any urgent subject of a routine nature not included in the list of business if no member objects to it. No permission shall be given in the case of a motion or proposition to modify or cancel any resolution 3 [within six months] after the passing thereof except in accordance with clause (k). The order in which any business or proposition shall be brought forward at such meeting shall be determined by the presiding authority who in case it is proposed by any member to give particular proposition, shall put the proposal to the meeting and be guided by the majority of votes given for or against the proposal.
(j) Any ordinary meeting may, with the consent of a majority of the members present be adjourned from time to time, but no business shall be transacted at any adjourned meeting other than that left undisposed at the meeting from which the adjournment took place.
(k) No resolution of Taluk Panchayat shall be modified or cancelled within six months after the passing thereof except by a resolution passed by not less than one-half of the total number of members at an ordinary or special meeting, any notice whereof shall have been given fulfilling the requirements of clause (b) and setting forth fully the resolution which it is proposed to modify fully or cancel at such meeting and motion or proposition for the modification or cancellation of such resolution.
(3) The proceedings of every meeting shall be recorded in the minute book immediately after the deliberations of the meeting and shall after being read over by the presiding authority of the meeting be signed by him. The action taken on the decisions of the Taluk Panchayat shall be reported at the next meeting of the Taluk Panchayat. The minute book shall always be kept in the office of the Taluk Panchayat. The minute book shall not be taken outside the Taluk Panchayat office under any circumstances. The Executive Officer shall be the custodian of the minute book. 2 [A copy of the proceedings shall be displayed on the notice board within three days from the date of meeting of the Taluk Panchayat along with the details of the names of the members voting respectively for or against the resolutions passed in the meeting.]
(4) A copy of every resolution passed by a Taluk Panchayat at a meeting shall, within ten days from the day of the meeting, be forwarded to 4 [x x x] the Chief Executive Officer 2 [and copies of the minutes of the meeting shall be furnished to all members]
(5) During any vacancy in the Taluk Panchayat or any committee thereof, continuing members may act as if no vacancy had occurred.
2 [(6) Notwithstanding anything contained in this Act where a meeting is convened to consider a motion expressing want of confidence,-
(i) in the Adhyaksha, it shall be presided over by the Upadhyaksha,
(ii) in the Upadhyaksha, it shall be presided over by the Adhyaksha,
(iii) in both the Adhyaksha and Upadhyaksha, it shall be presided over by a member elected from amongst the elected members present at the meeting.]
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1. Inserted by Act 1 of 1997 w.e.f. 26.2.1997.
2. Substituted by Act 37 of 2003 w.e.f. 1.10.2003.
3. Substituted by Act 29 of 1997 w.e.f. 20.10.1997.
4. Omitted by Act 29 of 1997 w.e.f. 20.10.1997.
Section 142 - Interpellations and resolutions
(1) A member of a Taluk Panchayat may move resolutions and interpellate the Adhyaksha of Taluk Panchayat on matters connected with the administration of the Taluk Panchayat subject to such regulations as may be made by the Taluk Panchayat.
(2) A member of the Taluk Panchayat may also call the attention of the Adhyaksha to any neglect in the execution of the work of the Taluk Panchayat, to any waste of property belonging to the Taluk Panchayat or to the wants of any locality within Taluk and may suggest any improvements which may appear desirable.
Section 143 - Taluk Panchayat may require the presence of Government officers at meetings
If it shall appear to a Taluk Panchayat that the attendance of any officer of the Government having jurisdiction over an area of a district or less than a district and not working under the Taluk Panchayat, is desirable at a meeting of the Taluk Panchayat, the Executive Officer shall by a letter addressed to such officer not less than fifteen days before the intended meeting, request that officer to be present at the meeting and the officer shall, unless prevented by sickness or other reasonable cause, attend the meetings:
Provided that the officer on receipt of such letter may if he for any of the causes aforesaid is unable to be present thereat himself, instruct his deputy or other competent subordinate officer to represent him at the meeting.
Section 144 - Validity of proceedings
(1) No disqualification or defect in the election or appointment of any person acting as member or as the Adhyaksha of Taluk Panchayat or presiding authority of a general or special meeting or of a chairman or member of the committee appointed under this Act, shall be deemed to vitiate any act or proceeding of the Taluk Panchayat or of any such committee as the case may be, in which such person has taken part, whenever the majority who were parties to such act or proceeding, were entitled to act.
(2) No resolution of a Taluk Panchayat or of any Committee appointed under this Act shall be deemed invalid on account of any irregularity in the service of notice upon any member provided that the proceedings of the Taluk Panchayat or committee, were not prejudicially affected by such irregularity.
(3) Until the contrary is proved every meeting of a Taluk Panchayat or of a committee constituted under this Act, in respect of proceedings whereof a minute has been made and signed in accordance with this Act, shall be deemed to have been duly convened and held and all the members of the meeting shall be deemed to have been duly qualified and where the proceedings are the proceedings of a committee, such committee shall be deemed to have been duly constituted and to have had the power to deal with the matters referred to in the minute.
(4) During any vacancy in a Taluk Panchayat or committee the continuing member or members may act as if no vacancy has occurred.