Act Info:
(1) There shall be constituted for each district a Zilla Panchayat having jurisdiction over the entire district excluding such portions of the district as are included in a 1 [smaller urban area] or are under the authority of a municipal corporation, a 1 [a Town Panchayat or an Industrial Township] constituted under any law for the time being in force:
Provided that a Zilla Panchayat may have its office in any area comprised within the excluded portion of the district and in such area may exercise its powers and functions over schools and other institutions under its control or management.
(2) Every Zilla Panchayat shall be a body corporate by the name of "......................................... Zilla 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, of 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 or 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 158 - Establishment of Zilla Panchayat and its incorporation
(1) There shall be constituted for each district a Zilla Panchayat having jurisdiction over the entire district excluding such portions of the district as are included in a 1 [smaller urban area] or are under the authority of a municipal corporation, a 1 [a Town Panchayat or an Industrial Township] constituted under any law for the time being in force:
Provided that a Zilla Panchayat may have its office in any area comprised within the excluded portion of the district and in such area may exercise its powers and functions over schools and other institutions under its control or management.
(2) Every Zilla Panchayat shall be a body corporate by the name of "......................................... Zilla 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, of 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 or 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 159 - Constitution of Zilla Panchayat
(1) Every Zilla Panchayat shall consist of,-
(i) the elected members as determined under section 160;
(ii) the members of the House of People and the members of the State Legislative Assembly representing a part or whole of the district whose constituencies lie within the district;
(iii) the members of the Council of State and the members of the State Legislative Council who are registered as electors within the district; and
(iv) the Adhyakshas of Taluk Panchayats in the district.
1 [(2)The members of the House of People, the State Legislative Assembly, the Councilof States and the Legislative Council and the Adhyaksha of Taluk Panchayatreferred to in clauses (ii), (iii) and (iv) of sub-section (1) shall be entitledto take part in the proceedings of, and vote at, the meetings of Zilla Panchayatexcept at a special meeting convened for the purpose of election of Adhyakshasand Upadhyakshas under sub-section (1) of section 177 or for considering a noconfidence motion under sub-section (3) of section 179.]
(3)Notwithstanding anything contained in this section or sections 160, 161, and 162but subject to any general or special orders of the Government, where two-thirdsof the total number of members of any Zilla Panchayat required to be elected,have been elected, the Zilla Panchayat shall be deemed to have been dulyconstituted under this Act.
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1. Substituted by Act 29 of 1997 w.e.f. 20.10.1997.
Section 159 - Constitution of Zilla Panchayat
(1) Every Zilla Panchayat shall consist of,-
(i) the elected members as determined under section 160;
(ii) the members of the House of People and the members of the State Legislative Assembly representing a part or whole of the district whose constituencies lie within the district;
(iii) the members of the Council of State and the members of the State Legislative Council who are registered as electors within the district; and
(iv) the Adhyakshas of Taluk Panchayats in the district.
1 [(2)The members of the House of People, the State Legislative Assembly, the Councilof States and the Legislative Council and the Adhyaksha of Taluk Panchayatreferred to in clauses (ii), (iii) and (iv) of sub-section (1) shall be entitledto take part in the proceedings of, and vote at, the meetings of Zilla Panchayatexcept at a special meeting convened for the purpose of election of Adhyakshasand Upadhyakshas under sub-section (1) of section 177 or for considering a noconfidence motion under sub-section (3) of section 179.]
(3)Notwithstanding anything contained in this section or sections 160, 161, and 162but subject to any general or special orders of the Government, where two-thirdsof the total number of members of any Zilla Panchayat required to be elected,have been elected, the Zilla Panchayat shall be deemed to have been dulyconstituted under this Act.
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1. Substituted by Act 29 of 1997 w.e.f. 20.10.1997.
Section 160 - Elected members
1[160. Elected members
The elected members of the Zilla Panchayat shall consist of persons elected from the Taluks in the district, the number of members to be elected from each Taluk2[being fixed by the3[Government]] in accordance with the scale of one member for forty thousand or part thereof of the population :
Provided that in the case of Uttara Kannada and Chickmagalur districts, it shall be one member for thirty thousand or part thereof of the population and in the case of Kodagu district, it shall be one member for eighteen thousand or part thereof of the population.]
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1. Substituted by Act 10 of 1995 w.e.f. 13.1.1995.
2. Substituted by Act 29 of 1997 w.e.f. 20.10.1997.
3. Substituted by Act 37 of 2003 w.e.f. 1.10.2003.
Section 160 - Elected members
1[160. Elected members
The elected members of the Zilla Panchayat shall consist of persons elected from the Taluks in the district, the number of members to be elected from each Taluk2[being fixed by the3[Government]] in accordance with the scale of one member for forty thousand or part thereof of the population :
Provided that in the case of Uttara Kannada and Chickmagalur districts, it shall be one member for thirty thousand or part thereof of the population and in the case of Kodagu district, it shall be one member for eighteen thousand or part thereof of the population.]
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1. Substituted by Act 10 of 1995 w.e.f. 13.1.1995.
2. Substituted by Act 29 of 1997 w.e.f. 20.10.1997.
3. Substituted by Act 37 of 2003 w.e.f. 1.10.2003.
Section 161 - Determination of elected members after census
Upon the publication of the figures of each census, the number of elected members of a Zilla Panchayat1[shall be determined by the2[State Election Commission]] on the basis of the population of the district as ascertained at that census:
Provided that the determination of the number as aforesaid shall not affect the then composition of the Zilla 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 161 - Determination of elected members after census
Upon the publication of the figures of each census, the number of elected members of a Zilla Panchayat1[shall be determined by the2[State Election Commission]] on the basis of the population of the district as ascertained at that census:
Provided that the determination of the number as aforesaid shall not affect the then composition of the Zilla 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 162 - Reservation of seats
(1) Seats 1 [shall be reserved by the 2 [State Election Commission]] in the Zilla Panchayat,-
(a) for Scheduled Castes; and
(b) for the Scheduled Tribes;
and 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 Zilla Panchayat as the population of the Scheduled Castes in the district or of the Scheduled Tribes in the district bears to the total population of the district:
3 [Provided that at least one seat each shall be reserved in a Zilla Panchayat for the persons belonging to the Scheduled Castes 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 Zilla Panchayat 1 [shall be reserved by the 2 [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 the Zilla 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 district:
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 Zilla Panchayat from standing for election to the non-reserved seats in such Zilla 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 1985 and Inserted by Act 11 of 2000 w.e.f. 25.4.2000.
4. Inserted by Act 10 of 1995 w.e.f. 13.1.1995.
Section 162 - Reservation of seats
(1) Seats 1 [shall be reserved by the 2 [State Election Commission]] in the Zilla Panchayat,-
(a) for Scheduled Castes; and
(b) for the Scheduled Tribes;
and 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 Zilla Panchayat as the population of the Scheduled Castes in the district or of the Scheduled Tribes in the district bears to the total population of the district:
3 [Provided that at least one seat each shall be reserved in a Zilla Panchayat for the persons belonging to the Scheduled Castes 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 Zilla Panchayat 1 [shall be reserved by the 2 [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 the Zilla 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 district:
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 Zilla Panchayat from standing for election to the non-reserved seats in such Zilla 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 1985 and Inserted by Act 11 of 2000 w.e.f. 25.4.2000.
4. Inserted by Act 10 of 1995 w.e.f. 13.1.1995.
Section 163 - Delimitation of territorial constituencies
1 [The State Election Commission] shall, by notification,-
(a) divide the area within the jurisdiction of every Zilla Panchayat, for the purpose of election to such Zilla Panchayat into as many signal member territorial constituencies as the number of members required to be elected under section 160;
(b) determine the extent of each territorial constituency which shall be a Taluk or part of a Taluk ;and
2 [(c) determine the territorial constituency or constituencies in which seats are reserved for the persons belonging to the Scheduled Castes, Scheduled Tribes, Backward Classes and for Women.]
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1. Substituted 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 163 - Delimitation of territorial constituencies
1 [The State Election Commission] shall, by notification,-
(a) divide the area within the jurisdiction of every Zilla Panchayat, for the purpose of election to such Zilla Panchayat into as many signal member territorial constituencies as the number of members required to be elected under section 160;
(b) determine the extent of each territorial constituency which shall be a Taluk or part of a Taluk ;and
2 [(c) determine the territorial constituency or constituencies in which seats are reserved for the persons belonging to the Scheduled Castes, Scheduled Tribes, Backward Classes and for Women.]
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1. Substituted 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 164 - Right to vote
(1) Every person whose name appears in the electoral roll 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 electoral roll remains in force and no person whose name does appear in such electoral roll 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 165 - Electoral roll
The electoral roll of the Zilla Panchayat 1 [shall be prepared by the Assistant Commissioner] subject to the superintendence, direction and control of the State Election Commission:
Provided that the electoral roll of the Karnataka Legislative Assembly for the time being in force for such part of the district as is included in any constituency of the Zilla Panchayat may be adopted for the purpose of preparation of electoral roll of the Zilla Panchayat for such constituency:
Provided further that the electoral roll for such constituency of the Zilla Panchayat shall not include any amendment, transposition, inclusion or deletion of any entry made after the last date for making nomination for the election of such constituency and before the completion of such election.
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1. Substituted by Act 21 of 1999 w.e.f. 4.8.1999.
Section 165 - Electoral roll
The electoral roll of the Zilla Panchayat 1 [shall be prepared by the Assistant Commissioner] subject to the superintendence, direction and control of the State Election Commission:
Provided that the electoral roll of the Karnataka Legislative Assembly for the time being in force for such part of the district as is included in any constituency of the Zilla Panchayat may be adopted for the purpose of preparation of electoral roll of the Zilla Panchayat for such constituency:
Provided further that the electoral roll for such constituency of the Zilla Panchayat shall not include any amendment, transposition, inclusion or deletion of any entry made after the last date for making nomination for the election of such constituency and before the completion of such election.
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1. Substituted by Act 21 of 1999 w.e.f. 4.8.1999.
Section 166 - Qualifications of a candidate
(1) A person shall not be qualified to be chosen to fill a seat in a Zilla Panchayat unless his name is included in the electoral roll of the Zilla Panchayat for the time being in force in the district.
(2) A person shall not be qualified to be chosen from a territorial constituency to fill a seat in a Zilla 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 tribes or classes or is a woman.
Section 167 - Disqualification for members
(1) A person shall be disqualified for being chosen and for being member of a Zilla 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 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
(c) 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 that code, such order not having been subsequently reversed or quashed ; or
(d) if he has been dismissed from service under any local authority; or
(e) if having been a legal or medical practitioner or a chartered accountant 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
(f) if he has been removed from membership of any local authority; or
(g) if he holds any office of profit under any local or other authority subject to the control of the Central Government, the State Government or the Government of any other State, other than such office as are declared by rules made under this Act not to disqualify the holder; or
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 an Adhyaksha or Upadhyaksha of Zilla Panchayat, Taluk Panchayat or Grama Panchayat.
(h) if save as hereinafter provided, he has directly or indirectly any share or interest in any work done by order of the Zilla Panchayat or in any contract or employment with or under, or by, or on behalf of, the Zilla Panchayat 1 [or if he is either directly or indirectly by himself or by his partner or agent or employee involved in obtaining or execution of any such work or contract on behalf of the Zilla Panchayat or of any contract for the supply of any goods and services to the ZillaPanchayat; or]
(i) if he employed as a paid legal practitioner on behalf of the Zilla Panchayat or accepts employment as legal practitioner against the ZillaPanchayat; 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 the members of his family and also complies with such undertaking after becoming a member.]]
3 [(J-1) If he is disqualified under section 308 C or;] [(J-1) If he is disqualified under section 308 C or;]
4 [(k)]if he is disqualified under the Karnataka Local Authorities (Prohibition of Defection ) Act, 1987; [(k)]if he is disqualified under the Karnataka Local Authorities (Prohibition of Defection ) Act, 1987;
Provided that,-
(a) the disqualification in clause (c) will cease to operate after the expiry of the period during which a person is ordered to furnish security;
(b) the disqualification in clause (b), (d), or (e) will cease to operate after the expiry of five years from the date of such sentence or dismissal or disenrollment or removal by an order of the Government;
(c) the disqualification in clause (f) 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 the date of order by the State Election Commission under section 308C.]
(d) a person shall not be deemed to have incurred disqualification under clause (h) 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 Zilla Panchayat, or
(ii) having a share or interest in any newspaper in which any advertisement relating to the affairs of the Zilla Panchayat is inserted, or
(iii) holding a debenture or being otherwise concerned in any loan raised by or on behalf of the Zilla Panchayat.
5 [(2) If a person who is chosen as a member of a Zilla Panchayat is or becomes a member of the House of the People, the Council of States, the State Legislative Assembly or 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 Taluk Panchayat or a 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 172, 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 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 Taluk Panchayat or Grama Panchayat, his seat in the Zilla 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 or the State Legislative Council or the Municipal Council or the Municipal Corporation or Town Panchayat or Taluk 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 167 - Disqualification for members
(1) A person shall be disqualified for being chosen and for being member of a Zilla 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 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
(c) 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 that code, such order not having been subsequently reversed or quashed ; or
(d) if he has been dismissed from service under any local authority; or
(e) if having been a legal or medical practitioner or a chartered accountant 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
(f) if he has been removed from membership of any local authority; or
(g) if he holds any office of profit under any local or other authority subject to the control of the Central Government, the State Government or the Government of any other State, other than such office as are declared by rules made under this Act not to disqualify the holder; or
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 an Adhyaksha or Upadhyaksha of Zilla Panchayat, Taluk Panchayat or Grama Panchayat.
(h) if save as hereinafter provided, he has directly or indirectly any share or interest in any work done by order of the Zilla Panchayat or in any contract or employment with or under, or by, or on behalf of, the Zilla Panchayat 1 [or if he is either directly or indirectly by himself or by his partner or agent or employee involved in obtaining or execution of any such work or contract on behalf of the Zilla Panchayat or of any contract for the supply of any goods and services to the ZillaPanchayat; or]
(i) if he employed as a paid legal practitioner on behalf of the Zilla Panchayat or accepts employment as legal practitioner against the ZillaPanchayat; 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 the members of his family and also complies with such undertaking after becoming a member.]]
3 [(J-1) If he is disqualified under section 308 C or;] [(J-1) If he is disqualified under section 308 C or;]
4 [(k)]if he is disqualified under the Karnataka Local Authorities (Prohibition of Defection ) Act, 1987; [(k)]if he is disqualified under the Karnataka Local Authorities (Prohibition of Defection ) Act, 1987;
Provided that,-
(a) the disqualification in clause (c) will cease to operate after the expiry of the period during which a person is ordered to furnish security;
(b) the disqualification in clause (b), (d), or (e) will cease to operate after the expiry of five years from the date of such sentence or dismissal or disenrollment or removal by an order of the Government;
(c) the disqualification in clause (f) 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 the date of order by the State Election Commission under section 308C.]
(d) a person shall not be deemed to have incurred disqualification under clause (h) 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 Zilla Panchayat, or
(ii) having a share or interest in any newspaper in which any advertisement relating to the affairs of the Zilla Panchayat is inserted, or
(iii) holding a debenture or being otherwise concerned in any loan raised by or on behalf of the Zilla Panchayat.
5 [(2) If a person who is chosen as a member of a Zilla Panchayat is or becomes a member of the House of the People, the Council of States, the State Legislative Assembly or 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 Taluk Panchayat or a 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 172, 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 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 Taluk Panchayat or Grama Panchayat, his seat in the Zilla 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 or the State Legislative Council or the Municipal Council or the Municipal Corporation or Town Panchayat or Taluk 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 168 - Vacancy of Seats
(1) If any member of a Zilla Panchayat,-
(a) is or becomes subject to any of the disqualifications specified in section 167; 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-clause (i) or (ii) of clause (d) of the proviso to sub-section (1) of section 167; 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 180; or
(d) being an elected member, absents himself, for more than three consecutive ordinary meetings of the Zilla Panchayat unless leave so to absents himself, which shall not exceed six months, had been granted by the Zilla 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 Zilla Panchayat for leave to absents himself under clause (d) and the Zilla 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 Zilla Panchayat.
(2) The2[State Election Commission] on a report made to it and after giving a reasonable opportunity to the person concerned of being heard shall declare whether the seat of the person 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 168 - Vacancy of Seats
(1) If any member of a Zilla Panchayat,-
(a) is or becomes subject to any of the disqualifications specified in section 167; 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-clause (i) or (ii) of clause (d) of the proviso to sub-section (1) of section 167; 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 180; or
(d) being an elected member, absents himself, for more than three consecutive ordinary meetings of the Zilla Panchayat unless leave so to absents himself, which shall not exceed six months, had been granted by the Zilla 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 Zilla Panchayat for leave to absents himself under clause (d) and the Zilla 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 Zilla Panchayat.
(2) The2[State Election Commission] on a report made to it and after giving a reasonable opportunity to the person concerned of being heard shall declare whether the seat of the person 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 169 - 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, election to the Zilla 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 Zilla 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 169 - 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, election to the Zilla 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 Zilla 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 170 - Prohibition of simultaneous membership
(1) If a person is elected by more than one Zilla Panchayat constituency he shall, by notice in writing signed by him and delivered to the Deputy Commissioner or any other officer, authorised by the Government 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 authorised 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 171 - 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 Zilla Panchayat, the application being to the1[Civil Judge (Senior Division)] having jurisdiction and the deposit as security for costs being two 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 171 - 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 Zilla Panchayat, the application being to the1[Civil Judge (Senior Division)] having jurisdiction and the deposit as security for costs being two 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 172 - Publication of names of members
The names of members elected to any Zilla Panchayat shall be1[reported to the Government which 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 172 - Publication of names of members
The names of members elected to any Zilla Panchayat shall be1[reported to the Government which 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 173 - Term of office of members
(1) Except as is otherwise provided in this Act, members of a Zilla Panchayat elected at a general election shall hold office for a term of five years.
(2) The term of office of the member elected at a general election shall commence on the date appointed for the first meeting of the Zilla 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 172.
Section 174 - Resignation of members
A member of a Zilla Panchayat may resign his membership in writing under his hand addressed to the Adhyaksha of the Zilla 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 Zilla Panchayat.]
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1. Inserted by Act 29 of 1997 w.e.f. 20.10.1997.
Section 174 - Resignation of members
A member of a Zilla Panchayat may resign his membership in writing under his hand addressed to the Adhyaksha of the Zilla 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 Zilla Panchayat.]
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1. Inserted by Act 29 of 1997 w.e.f. 20.10.1997.
Section 175 - Removal of members for misconduct
The Government if it thinks fit on the recommendation of the Zilla Panchayat, 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.
Section 175A - Members to declare assets
1[175.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 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 the 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 declaration under sub-section (1), or sub-section (2) or files the same knowing it to be false or incorrect shall cease to be a member.
(4) Any question whether a member has ceased to be a member under sub-section (3) shall on a reference made by the Zilla 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 175A - Members to declare assets
1[175.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 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 the 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 declaration under sub-section (1), or sub-section (2) or files the same knowing it to be false or incorrect shall cease to be a member.
(4) Any question whether a member has ceased to be a member under sub-section (3) shall on a reference made by the Zilla 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 176 - Casual vacancy
A casual vacancy of a member of a Zilla 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 177 - Election of Adhyaksha, Upadhyaksha and term of office
(1) The elected members of the Zilla Panchayat referred to in clause (i) of sub-section (1) of section 159 shall 1 [2 [within one month from the date of publication of names of members under section 172], after every general election of member of Zilla Panchayat or on its reconstitution or establishment under this Act or immediately before the expiry of term of office of Adhyaksha and Upadhyaksha] choose two member 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 Zilla 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 Tribe in the State bear to the total population of the State;
4 [Proviso x x x]
(b) such number of offices of Adhyaksha and Upadhyaksha in the State which shall as nearly as may be one-third of the total number of offices of 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' ;]
(c) not less than one-third of the total number of offices of Adhyaksha and Upadhyaksha in the State from each categories reserved for person 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 section shall be allotted by rotation to different Zilla 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 ordinary 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 Zilla 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 ZillaPanchayat, whichever 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 Upadkyaksha in whose place he has been elected would have held office if the vacancy had notoccured.]
(4) The election of the Adhyaksha or the Upadhyaksha of a Zilla Panchayat and, filling up of vacancies in the said offices and the determination of disputes relating to such election shall be in accordance with such rules as may be prescribed:
Provided that the authority to determine such election disputes shall be the District Judge having Jurisdiction.
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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 177 - Election of Adhyaksha, Upadhyaksha and term of office
(1) The elected members of the Zilla Panchayat referred to in clause (i) of sub-section (1) of section 159 shall 1 [2 [within one month from the date of publication of names of members under section 172], after every general election of member of Zilla Panchayat or on its reconstitution or establishment under this Act or immediately before the expiry of term of office of Adhyaksha and Upadhyaksha] choose two member 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 Zilla 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 Tribe in the State bear to the total population of the State;
4 [Proviso x x x]
(b) such number of offices of Adhyaksha and Upadhyaksha in the State which shall as nearly as may be one-third of the total number of offices of 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' ;]
(c) not less than one-third of the total number of offices of Adhyaksha and Upadhyaksha in the State from each categories reserved for person 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 section shall be allotted by rotation to different Zilla 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 ordinary 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 Zilla 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 ZillaPanchayat, whichever 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 Upadkyaksha in whose place he has been elected would have held office if the vacancy had notoccured.]
(4) The election of the Adhyaksha or the Upadhyaksha of a Zilla Panchayat and, filling up of vacancies in the said offices and the determination of disputes relating to such election shall be in accordance with such rules as may be prescribed:
Provided that the authority to determine such election disputes shall be the District Judge having Jurisdiction.
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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 178 - Salary and allowances to the Adhyaksha and Upadhyaksha and other members
(1) The salary and allowances of Adhyaksha and Upadhyaksha shall be as prescribed.
(2) Every member of the Zilla Panchayat other than the Adhyaksha and the Upadhyaksha shall be entitled to receive such sitting fee and allowances, as may be prescribed.
Section 179 - Resignation or removal of Adhyaksha and Upadhyaksha
(1) A member holding office as Adhyaksha of Zilla Panchayat may resign his office at any time by writing under his hand addressed to the1[Government] and the Upadhyaksha of Zilla Panchayat may resign his office at any time by writing under his hand addressed to the Adhyaksha and in the absence of Adhyaksha to the1[Government] 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 the1[Government] or the Adhyaksha, as the case may be.
(2) Every Adhyaksha or Upadhyaksha of Zilla Panchayat shall vacate office if he ceases to be a member of the Zilla Panchayat.
(3) Every Adhyaksha and every Upadhyaksha of Zilla 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 Zilla Panchayat at a meeting specially convened for this purpose:
2[Provided that no resolution expressing want of confidence in an Adhyaksha or Upadhyaksha shall be made within six months from the date of his election:
Provided further that where a resolution expressing want of confidence in any Adhyaksha or Upadhyaksha has been considered and negatived by the Zilla Panchayat, a similar resolution in respect of the same Adhyaksha or Upadhyaksha shall not be given notice of, or moved, within six months from the date of the decision of the Zilla Panchayat.]
(4) Every Adhyaksha and Upadhyaksha of the Zilla Panchayat shall, after an opportunity is afforded for hearing him, be removable from his office as Adhyaksha or Upadhyaksha by the Government for misconduct in the discharge of his duties, or 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 Zilla 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 Zilla Panchayat.
3[(6) Where the offices of both Adhyaksha and Upadhyaksha are vacant, the Chairman of the Standing Committee on Social Justice shall exercise the powers and perform the duties of the Adhyaksha until the Adhyaksha or Upadhyaksha is duly elected.]
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1. Substituted by Act 29 of 1997 w.e.f. 20.10.1997.
2. Inserted by Act 29 of 1997 w.e.f. 20.10.1997.
3. Inserted by Act 37 of 2003 w.e.f. 1.10.2003.
Section 179 - Resignation or removal of Adhyaksha and Upadhyaksha
(1) A member holding office as Adhyaksha of Zilla Panchayat may resign his office at any time by writing under his hand addressed to the1[Government] and the Upadhyaksha of Zilla Panchayat may resign his office at any time by writing under his hand addressed to the Adhyaksha and in the absence of Adhyaksha to the1[Government] 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 the1[Government] or the Adhyaksha, as the case may be.
(2) Every Adhyaksha or Upadhyaksha of Zilla Panchayat shall vacate office if he ceases to be a member of the Zilla Panchayat.
(3) Every Adhyaksha and every Upadhyaksha of Zilla 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 Zilla Panchayat at a meeting specially convened for this purpose:
2[Provided that no resolution expressing want of confidence in an Adhyaksha or Upadhyaksha shall be made within six months from the date of his election:
Provided further that where a resolution expressing want of confidence in any Adhyaksha or Upadhyaksha has been considered and negatived by the Zilla Panchayat, a similar resolution in respect of the same Adhyaksha or Upadhyaksha shall not be given notice of, or moved, within six months from the date of the decision of the Zilla Panchayat.]
(4) Every Adhyaksha and Upadhyaksha of the Zilla Panchayat shall, after an opportunity is afforded for hearing him, be removable from his office as Adhyaksha or Upadhyaksha by the Government for misconduct in the discharge of his duties, or 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 Zilla 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 Zilla Panchayat.
3[(6) Where the offices of both Adhyaksha and Upadhyaksha are vacant, the Chairman of the Standing Committee on Social Justice shall exercise the powers and perform the duties of the Adhyaksha until the Adhyaksha or Upadhyaksha is duly elected.]
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1. Substituted by Act 29 of 1997 w.e.f. 20.10.1997.
2. Inserted by Act 29 of 1997 w.e.f. 20.10.1997.
3. Inserted by Act 37 of 2003 w.e.f. 1.10.2003.
Section 180 - Meetings of Zilla Panchayat
(1) A Zilla Panchayat shall hold a meeting for the transaction of business at least once in two months (hereinafter in this section referred to as 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 Zilla Panchayat shall ordinarily be held at the headquarters of the Zilla Panchayat.
(2) (a) The date of the first meeting of the Zilla Panchayat after the first constitution or reconstitution, 1 [or the date of subsequent meeting for the purpose of election of Adhyaksha or Upadhyaksha as the case may be] shall be fixed by the Commissioner who shall preside at such meeting and date of each subsequent ordinary meeting shall be fixed at the previous meeting of the Zilla Panchayat, provided that the Adhyaksha of Zilla Panchayat may for sufficient reasons, alter the date 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 of the Zilla Panchayat may call the special meeting for a day not more than fifteen days after presentation of such request and require the Chief 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 Zilla 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 Zilla Panchayat shall form a quorum for transacting business at a meeting of the Zilla 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 meetings 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 Zilla 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, 1 [or if the office of Adhyaksha is vacant] by the Upadhyaksha and if both the Adhyaksha and Upadhyaksha are absent 1 [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 Zilla Panchayat shall vote on, or take part in the discussion of, any question coming up for consideration at a meeting of the Zilla Panchayat or any committee, if the question is one in which apart from its general application to the public he has any pecuniary interest.
3 [It shall be the duty of every member of a Zilla Panchayat to disclose to the Zilla Panchayat any pecuniary interest that he has, direct or indirect, on any question coming up for consideration at a meeting of a ZillaPanchayat]
(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 Zilla 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 meeting. A member may propose any resolution connected with or incidental to the subjects 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 within 4 [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 priority to any particular item of such business or to any 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 the Zilla 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 Chairman of the meeting be signed by him. The action taken on the decisions of the Zilla Panchayat shall be reported at the next meeting of the Zilla Panchayat. The minute book shall at all reasonable times be open to inspection by any member of the Zilla Panchayat. The Minute Book shall always be kept in the office of the Zilla Panchayat and it shall be in the custody of the Chief Executive Officer.
2 [A copy of the proceedings shall be displayed on the notice board of the Zilla Panchayat within three days from the date of meeting 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 Zilla Panchayat at a meeting shall, within ten days from the date of meeting, be forwarded to the 4 [Government] 3 [and copies of the minutes of the meeting shall be furnished to all members.]
(5) During any vacancy in a Zilla Panchayat or any committee thereof, the continuing members may act as if no vacancy had occurred.
3 [(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 the 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. Inserted by Act 37 of 2003 w.e.f. 1.10.2003.
4. Substituted by Act 29 of 1997 w.e.f. 20.10.1997.
Section 180 - Meetings of Zilla Panchayat
(1) A Zilla Panchayat shall hold a meeting for the transaction of business at least once in two months (hereinafter in this section referred to as 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 Zilla Panchayat shall ordinarily be held at the headquarters of the Zilla Panchayat.
(2) (a) The date of the first meeting of the Zilla Panchayat after the first constitution or reconstitution, 1 [or the date of subsequent meeting for the purpose of election of Adhyaksha or Upadhyaksha as the case may be] shall be fixed by the Commissioner who shall preside at such meeting and date of each subsequent ordinary meeting shall be fixed at the previous meeting of the Zilla Panchayat, provided that the Adhyaksha of Zilla Panchayat may for sufficient reasons, alter the date 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 of the Zilla Panchayat may call the special meeting for a day not more than fifteen days after presentation of such request and require the Chief 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 Zilla 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 Zilla Panchayat shall form a quorum for transacting business at a meeting of the Zilla 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 meetings 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 Zilla 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, 1 [or if the office of Adhyaksha is vacant] by the Upadhyaksha and if both the Adhyaksha and Upadhyaksha are absent 1 [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 Zilla Panchayat shall vote on, or take part in the discussion of, any question coming up for consideration at a meeting of the Zilla Panchayat or any committee, if the question is one in which apart from its general application to the public he has any pecuniary interest.
3 [It shall be the duty of every member of a Zilla Panchayat to disclose to the Zilla Panchayat any pecuniary interest that he has, direct or indirect, on any question coming up for consideration at a meeting of a ZillaPanchayat]
(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 Zilla 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 meeting. A member may propose any resolution connected with or incidental to the subjects 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 within 4 [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 priority to any particular item of such business or to any 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 the Zilla 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 Chairman of the meeting be signed by him. The action taken on the decisions of the Zilla Panchayat shall be reported at the next meeting of the Zilla Panchayat. The minute book shall at all reasonable times be open to inspection by any member of the Zilla Panchayat. The Minute Book shall always be kept in the office of the Zilla Panchayat and it shall be in the custody of the Chief Executive Officer.
2 [A copy of the proceedings shall be displayed on the notice board of the Zilla Panchayat within three days from the date of meeting 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 Zilla Panchayat at a meeting shall, within ten days from the date of meeting, be forwarded to the 4 [Government] 3 [and copies of the minutes of the meeting shall be furnished to all members.]
(5) During any vacancy in a Zilla Panchayat or any committee thereof, the continuing members may act as if no vacancy had occurred.
3 [(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 the 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. Inserted by Act 37 of 2003 w.e.f. 1.10.2003.
4. Substituted by Act 29 of 1997 w.e.f. 20.10.1997.
Section 181 - Interpellations and resolutions
(1) A member of Zilla Panchayat may move resolutions and interpellate the Adhyaksha of Zilla Panchayat on matters connected with the administration of the Zilla Panchayat, subject to such regulations as may be made by the Zilla Panchayat.
(2) A member of the Zilla Panchayat may also call the attention of the Adhyaksha to any neglect in the execution of the work of the Zilla Panchayat, to any waste of property belonging to the Zilla Panchayat or to the wants of any locality within the district and may suggest any improvements which may appear desirable.
Amending Act 182 - Zilla Panchayat may require the presence of Government officers at meetings
If it shall appear to a Zilla Panchayat that the attendance of any officer of the Government having jurisdiction over an area of a division or circle or less than division or circle and not working under the Zilla Panchayat, is desirable at a meeting of the Zilla Panchayat, the Chief 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 183 - Validity of proceedings
(1) No disqualification or defect in the election or appointment of any person acting as member or as the Adhyaksha of Zilla Panchayat or presiding authority of a special or general meeting or a Chairman or member of committee appointed under this Act, shall be deemed to vitiate any act or proceeding of the Zilla 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 proceedings, were entitled to act.
(2) No resolution of a Zilla 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 Zilla Panchayat or committee, were not prejudicially affected by such irregularity.
(3) Until the contrary is proved every meeting of a Zilla Panchayat or of a committee appointed 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 Zilla Panchayat or committee the continuing member or members may act as if no vacancy has occurred.