Karnataka Panchayat Raj Act, 1993 Chapter XVIII - Bare Act

State	Karnataka Government
Year	1993
Section Title	Miscellaneous

Act Info:

(1) If, ¹ [on the recomendation of the Taluk Panchayat, or otherwise the Zilla Panchayat is of the opinion that], a Grama Panchayat exceeds or abuses its power or is not competent to perform or makes persistent default in the performance of the duties imposed on it under this Act or any other law for the time being in force the ¹ [Zilla Panchayat may], by an order published in the official Gazette, dissolve such Grama Panchayat.

(2) If in the opinion of the Government, a Zilla Panchayat or a Taluk Panchayat exceeds or abuses its power or is not competent to perform or makes persistent default in the performance of the duties imposed on it under this Act or any other law for the time being in force , the Government may, by an order published in the official Gazette, dissolve such Zilla panchayat or Taluk Panchayat.

¹ [(3) Before publishing an order under sub-section (1) or sub-section (2), the Zilla Panchayat or the Government, as the case may be shall communicate to the GramaPanchayat, Taluk Panchayat or Zilla Panchayat, as the case may be the grounds on which it proposed to do so, fix reasonable period for the GramaPanchayat, Taluk Panchayat or Zilla Panchayat to show cause against the proposal and consider its explanation and objections if any.]

2 [(3A) Any person aggrieved by the order of the Zilla Panchayat under sub-section (1) may, within thirty days from the date of such order, appeal to the Government.]

(4) When a ZillaPanchayat, Taluk Panchayat or Grama Panchayat is dissolved all the members of such panchayat shall, from the date specified in the order, vacate their office as such members.

(5) When a Zilla Panchayat, Taluk Panchayat or Grama Panchayat is dissolved, it shall be reconstituted in the manner provided in this Act before the end of six months from the date of such dissolution:

Provided that where the remainder of the period for which the dissolved Zilla Panchayat, Taluk Panchayat or Grama Panchayat would have continued is less than six months it shall not be necessary to hold an election under this section for constituting a Zilla Panchayat, Taluk Panchayat or Grama Panchayat for such period.

(6) A Zilla Panchayat, Taluk Panchayat or Grama Panchayat constituted upon the dissolution before expiration of its duration shall continue only for the remainder of the period of which the dissolved Zilla Panchayat, Taluk Panchayat or Grama Panchayat would have continued had it not been so dissolved.

(7) If a Grama Panchayat, Taluk Panchayat or Zilla Panchayat is dissolved,-

(a) all the powers and duties of the Zilla Panchayat, Taluk Panchayat or Grama Panchayat shall, during the period of its dissolution be exercised and performed by such person or persons as the Zilla Panchayat or the Government, as the case may be , may from time to time appoint in this behalf;

(b) all property vested in the Zilla Panchayat, Taluk Panchayat or Grama Panchayat dissolved shall during the period of dissolution vest in the Government;

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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.

Section 268 - Dissolution of Panchayats

2 [(3A) Any person aggrieved by the order of the Zilla Panchayat under sub-section (1) may, within thirty days from the date of such order, appeal to the Government.]

(4) When a ZillaPanchayat, Taluk Panchayat or Grama Panchayat is dissolved all the members of such panchayat shall, from the date specified in the order, vacate their office as such members.

(7) If a Grama Panchayat, Taluk Panchayat or Zilla Panchayat is dissolved,-

(b) all property vested in the Zilla Panchayat, Taluk Panchayat or Grama Panchayat dissolved shall during the period of dissolution vest in the Government;

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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.

Section 269 - Appeals

¹ [(1) Any person aggrieved by any original order of the Grama Panchayat under this Act, unless appeal is provided elsewhere in this Act, may within thirty days from the date of such order appeal to the Executive Officer.]

(2) The Appellate Authority may after giving an opportunity to the appellant to be heard and after such enquiry as it deems fit, decide the appeal and its decision shall be final.

(3) Any appeal under sub-section (1) pending before the Zilla Parishad shall on the date of commencement of the Karnataka Panchayat Raj Act, 1993 stand transferred to the Assistant Commissioner and such appeal shall be decided by him as if it has been filed before him.

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1. Substituted by Act 29 of 1997 w.e.f. 20.10.1997.

Section 269 - Appeals

(2) The Appellate Authority may after giving an opportunity to the appellant to be heard and after such enquiry as it deems fit, decide the appeal and its decision shall be final.

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1. Substituted by Act 29 of 1997 w.e.f. 20.10.1997.

Section 270 - Power over decisions of committees

Every Zilla Panchayat, Taluk Panchayat or Grama Panchayat shall have power to annul, revise or modify any decision taken by any of its committees.

Section 271 - Requisitioning of premises, vehicles, etc., for election purpose

(1) If it appears to an officer authorised by the State Election Commission for the conduct of elections to the Zilla Panchayat, Taluk Panchayat and Grama Panchayat under this Act (hereinafter referred to as "the requisitioning authority") that in connection with an election under this Act,-

(a) any premises is needed or is likely to be needed for the purpose of being used as a polling station or for the storage of ballot boxes after a poll has been taken, or

(b) any vehicle, vessel or animal is needed or is likely to be needed for the purpose of transport of ballot boxes to or from any polling station or transport of members of the police force for maintaining order during the conduct of such election, or transport of any officer or other person for performance of any duties in connection with such election the requisitioning authority may by order in writing requisition such premises, or as the case may be, such vehicle, vessel or animal and may make such further orders as may appear to it to be necessary or expedient in connection with the requisitioning:

Provided that no vehicle, vessel or animal which is being lawfully used by a candidate or his agent for any purpose connected with the election of such candidate shall be requisitioned under this sub-section, until the completion of the poll at such elections.

(2) The requisitioning shall be effected by an order in writing addressed to the person deemed by the requisitioning authority to be the owner or person in possession of the property, and such order shall be served in the manner prescribed on the person to whom it is addressed.

(3) Whenever any property is requisitioned under sub-section (1), the period of such requisitioning shall not extend beyond the period for which such property is required for any of the purposes mentioned in that sub-section.

(4) In this section,-

(a) "premises" means any land, building or part of a building and includes a hut, shed or other structure or any part thereof;

(b) "vehicle" means any vehicle used or capable of being used for the purpose of road transport, whether propelled by mechanical power or otherwise.

Section 272 - Payment of compensation

(1) Whenever in pursuance of section 271, the requisitioning authority requisitions any premises, the Zilla Panchayat, Taluk Panchayat or Grama Panchayat concerned shall pay to the persons interested compensation, the amount of which shall be determined by the requisitioning authority by taking into consideration the following factors that is to say,-

(i) the rent payable in respect of the premises, or if no rent is so payable, the rent payable for similar premises in the locality;

(ii) if in consequence of the requisitioning of premises, the person interested is compelled to change his residence or place of business the reasonable expenses, if any, incidental to such change:

Provided that, when any person interested being aggrieved by the amount of compensation so determined makes an application to the requisitioning authority within thirty days of the order under sub-section (1) the matter shall be referred by the requisitioning authority to the ¹ [Civil Judge (Junior Division)] having jurisdiction in the locality and the amount of compensation to be paid shall be such as the ¹ [Civil Judge (Junior Division)] may determine.

Explanation.--In this sub-section, the expression " person interested' means the person who was in the actual possession of the premisses requisitioned under section 271 immediately before the requisitioning or where no person was in such actual possession, the owner of such premises.

(2) Whenever in pursuance of section 271, the requisitioning authority requisitions any vehicle, vessel or animal the Zilla Panchayat, Taluk Panchayat or Grama Panchayat shall pay to the owner thereof compensation, the amount of which shall be determined by the requisitioning authority on the basis of fares or rates prevailing in the locality for the hire of such vehicle, vessel or animal:

Provided that where the owner of such vehicle, vessel or animal being aggrieved by the amount of compensation so determined makes an application within thirty days to the requisitioning authority the matter shall be referred to the ¹ [Civil Judge (Junior Division)] having jurisdiction in the locality and the amount of compensation to be paid shall be such as the ¹ [Civil Judge (Junior Division)] may determine:

Provided further that where immediately before the requisitioning the vehicle or vessel was by virtue of a hire purchase agreement in the possession of a person other than the owner the amount determined under this sub-section as the total compensation shall be apportioned between that person and the owner in such manner as they may agree upon and in default of agreement in such manner as an arbitrator appointed by the requisitioning authority in this behalf may decide.

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1. Substituted by Act 29 of 1997 w.e.f. 20.10.1997.

Section 272 - Payment of compensation

(i) the rent payable in respect of the premises, or if no rent is so payable, the rent payable for similar premises in the locality;

(ii) if in consequence of the requisitioning of premises, the person interested is compelled to change his residence or place of business the reasonable expenses, if any, incidental to such change:

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1. Substituted by Act 29 of 1997 w.e.f. 20.10.1997.

Section 273 - Power to obtaining information

The requisitioning authority may with a view to requisitioning any property under section 271 or determining the compensation payable under section 272 by order require any person to furnish to such authority as may be specified in the order such information in his possession relating to such property as may be specified.

Section 274 - Power of entry into and inspection of premises etc,.

(1) Any person authorised in this behalf by the requisitioning authority may enter into any premises and inspect such premises and any vehicle, vessel or animal therein for the purpose of determining whether, and if so in what manner an order under section 273 should be made in relation to such premises, vehicle, vessel or animal or with a view to securing compliance with any order made under that section.

(2) In this section the expression "Premises" and "Vehicle" have the same meaning as in section 271.

Section 275 - Eviction from requisitioned premises

(1) Any person remaining in possession of any requisitioned premises in contravention of any order made under section 271 may be summarily evicted from the premises by any officer empowered by the requisitioning authority in this behalf.

(2) Any officer so empowered may after giving to any woman not appearing in public, reasonable warning and facility to withdraw, remove or open any lock or bolt or break open any door of any building or do any other act necessary for effecting such eviction.

Section 276 - Release of premises from requisitioning

(1) When any premises requisitioned under section 271 are to be released from requisitioning the possession thereof shall be delivered to the person from whom possession was taken at the time of the requisition or if there was no such person to the person deemed by the requisitioning authority to be the owner of such premises and such delivery of possession shall be a full discharge of the requisitioning authority from all liabilities in respect of such delivery but shall not prejudice any rights in respect of the premises which any other person may be entitled by due process of law to enforce against the person to whom possession of the premises is so delivered.

(2) Where the person to whom possession of any premises requisitioned under section 271 is to be given under sub-section (1) cannot be found or is not readily ascertainable or has no agent or any other person empowered to accept delivery on his behalf requisitioning authority shall cause a notice declaring that such premises are released from the requisitioning to be affixed on some conspicuous part of such premises and on the notice board of the office of the Tahisldar.

(3) When a notice is affixed on the notice board as provided in sub-section (2), the premises specified in such notice shall cease to be subject to requisitioning on and from the date of such affixing of the notice and be deemed to have been delivered to the person entitled to possession thereof and the requisitioning authority or the Zilla Panchayat or Taluk panchayat or Grama Panchayat shall not be liable for any compensation or other claim in respect of such premises for any period after the said date.

Section 277 - Penalty for contravention of any order regarding requisition

If any person contravenes any order made under section 271 or section 273 he shall, on conviction, be punished with imprisonment for a term which may extend to one year or with fine or with both.

Section 278 - Penalty for acting as a member, Adhyaksha or Upadhyaksha when disqualified

(1) Whoever acts as a member of a Grama Panchayat, Taluk Panchayat or Zilla Panchayat when he knows that under this Act or the rules made thereunder, he is not entitled to or has ceased to be entitled to hold office as such shall, on conviction , be punished with fine of one hundred rupees for every day on which he sits or votes as a member.

(2) Whoever acts as the Adhyaksha or Upadhyaksha of a Grama Panchayat, Taluk Panchayat or Zilla Panchayat or exercises any of his functions when he knows that under this Act or the rules made thereunder, he is not entitled to or has ceased to be entitled to hold office as such, or to exercise such functions shall, on conviction, be punished with fine of two hundred rupees for every day on which he acts or functions as such.

(3) Any person who having been the Adhyaksha or Upadhyaksha of a Grama Panchayat, Taluk Panchayat or Zilla Panchayat fails to hand over any document of, or any moneys or other properties vested in, or belonging to, the Grama Panchayat or Taluk Panchayat or Zilla Panchayat, as the case may be which are in or have come into his possession or control to his successor in office or other prescribed authority,-

(a) in every case as soon as his term of office as such Adhyaksha or Upadhyaksha expires; and

(b) in case of a person who was the Upadhyaksha on demand by the Adhyaksha,

shall, on conviction, be punished with a fine which may extend to one thousand rupees.

Section 279 - Penalty for interested member voting

Whosoever votes as member of a Grama Panchayat, Taluk Panchayat or Zilla Panchayat in contravention of the provisions of sub-section (4) of section 53, or clause (g) of sub-section (2) of section 141 or clause (g) of sub-section (2) of section 180 shall, on conviction, be punished with fine which may extend to five hundred rupees.

Section 280 - Penalty for acquisition by officer or servant of interest in contract

If any member, officer or servant of a Grama Panchayat, Taluk Panchayat or Zilla Panchayat knowingly acquires for himself directly or indirectly, by himself or by a partner, employer or servant, any share or interest in any contract or employment with, by or on behalf of a Grama Panchayat, Taluk Panchayat or Zilla Panchayat he shall, on conviction, be punished with fine which may extend to five hundred rupees:

Provided that no person shall, by reason of being a shareholder, in or member of, any company, be held to be interested in any contract entered into between such company and the Grama Panchayat, Taluk Panchayat or Zilla Panchayat unless he is a Director of such company:

Provided further that nothing in this section shall apply to any person who, with the sanction of the Commissioner, enters into a contract with a Grama Panchayat, Taluk Panchayat or Zilla Panchayat.

Section 281 - Wrongful obstruction of certain officers

Any person who prevents the Chief Executive Officer, Executive Officer or the Secretary or any person to whom such officer has lawfully delegated his powers of entering on or into any place, building or land from exercising his lawful power of entering thereon or therein shall, on conviction, be punished with simple imprisonment for a term which may extend to one month or with fine which may extend to five hundred rupees or with both.

Section 282 - Prohibition against obstruction of Adhyaksha or Upadhyaksha, etc,.

Any person obstructing an Adhyaksha, Upadhyaksha, Secretary or member of a Grama Panchayat, or Adhyaksha, Upadhyaksha, Executive Officer or member of a Taluk Panchayat, or Adhyaksha, Upadhyaksha, Chief Executive Officer or member of a Zilla Panchayat, or any person employed by the Grama Panchayat or Taluk Panchayat or Zilla Panchayat or any person with whom a contract has been entered into by or on behalf of the Grama Panchayat, Taluk Panchayat or Zilla Panchayat in the discharge of his duty or of anything which he is empowered or require to do by virtue, or in consequence, of this Act or any rule, bye-law, regulation or order made thereunder shall, on conviction, be punished with fine which may extend to five hundred rupees.

Section 283 - Prohibition against removal or obliteration of notice

Any person, who without authority in that behalf, removes, destroys, defaces or otherwise obliterates any notice exhibited or any sign or mark erected by or under the orders of a Grama Panchayat, Taluk Panchayat or Zilla Panchayat or its executive authority, shall, on conviction, be punished with fine which may extend to one hundred rupees.

Section 284 - Penalty for not giving information or giving false information

Any person who is required by this Act or by any notice or other proceedings issued thereunder to furnish any information fails to furnish such information or knowingly furnishes false information, shall, on conviction, be punished with fine which may extend to one hundred rupees.

Section 285 - Bidding prohibited

(1) No member or employee of the Grama Panchayat, Taluk Panchayat or Zilla Panchayat or any officer having any duty to perform in connection with the sale of movable or immovable property under this Act shall directly or indirectly bid for or acquire interest in, any property sold at such sale.

(2) Any person who contravenes the provisions of sub-section (1) shall, on conviction, be punished with fine which may extend to five hundred rupees, and if he is an officer or employee of the Grama Panchayat or Taluk Panchayat or Zilla Panchayat shall also be liable for dismissal from service.

Section 286 - Application of the term "Public Servant" to members of panchayats and their officers and servants

Every member of Grama Panchayat, Taluk Panchayat or Zilla Panchayat and every officer and servant employed under the Grama Panchayat, Taluk Panchayat or Zilla Panchayat shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code and the Prevention of Corruption Act, 1988 (Central Act 49 of 1988) for the time being in force.

Section 287 - Fines to be credited to the Panchayat Fund

All fines imposed by a Magistrate for any offence under this Act, or under any rule, regulations or bye-law made thereunder in any prosecution instituted by or on behalf of a Grama Panchayat, Taluk Panchayat or Zilla Panchayat shall be credited to its fund.

Section 288 - Damage to any property of Panchayats and how made good

If through any act, neglect or default on account of which any person shall have incurred penalty imposed by or under this Act and any damage to the property of any Grama Panchayat, Taluk Panchayat or Zilla Panchayat shall have been caused by such person, he shall be liable to make good such damage as well as to pay such penalty and the value of the damage shall in case of dispute be determined by the Magistrate. The person incurring such penalty be convicted, and non-payment of such value on demand the same shall be levied by distress, and the Magistrate shall issue a warrant accordingly.

Section 289 - Restrictions with respect to institution of suits against Panchayats

(1) No suit for damage or compensation shall be instituted against any Grama Panchayat, Taluk Panchayat or Zilla Panchayat or any of its officers, or any person acting under its direction, for anything done or purporting to be done under this Act or any rule, bye-law regulation or order made thereunder until the expiration of two months next after notice in writing shall have been delivered or left at the office of the Grama Panchayat or Taluk Panchayat or Zilla Panchayat concerned or at the place of abode of such officer or person, such notice shall state the cause of action, the relief sought, the amount of compensation, if any, claimed and the name and the place of abode of the intending plaintiff.

(2) If any person to whom any notice is given under sub-section (1) tenders the amount to the plaintiff before the suit is instituted and if the plaintiff does not recover in any such action more than the amount so tendered, he shall not recover any costs incurred after such tender and the defendant shall be entitled to costs as from the date of tender.

(3) When the defendant in any suit is a member, officer or servant of such Grama Panchayat, Taluk Panchayat or Zilla Panchayat or any person acting under its direction, the Secretary, Executive Officer, or Chief Executive Officer as the case may be, shall determine whether defense should be undertaken by such Grama Panchayat, Taluk Panchayat or Zilla Panchayat and be paid for out of its fund.

(4) Nothing in this section shall be deemed to apply to any suit instituted under section 38 of the Specific Relief Act, 1963 (Central Act 47 of 1963).

Section 290 - Government not to obtain licences and permissions

Nothing in this Act or in any rule, bye-law or regulation made thereunder shall be construed as requiring the taking out of any licence or the obtaining of any permission under this Act or any such rule, bye-law or regulation in respect of any place in the occupation or under the control of the Central Government or the State Government or in respect of any property of the Central Government or State Government.

Section 291 - Injunctions not to be granted in election proceedings

Notwithstanding anything contained in any law for the time being in force, no court shall grant any permanent or temporary injunction or make any interim order restraining any proceeding which is being or about to be taken under this Act for the conduct of any election under this Act.

Section 292 - Punishment for disobedience of orders and notices not punishable under any other section

Whoever disobeys or fails to comply with any lawful direction given by way of written notice issued by or on behalf of a Grama Panchayat, Taluk Panchayat or Zilla Panchayat under any power conferred by this Act, or fails to comply with the conditions subject to which any permission was given to him by the Grama Panchayat, Taluk Panchayat or Zilla Panchayat concerned under any power so conferred, shall, on conviction, if the disobedience or failure is not an offence punishable under any other section, be punished with fine which may extend to one hundred rupees and with further fine which may extend to five rupees for every day during which the said disobedience or failure continues after the date of first conviction:

Provided that when the notice fixes a time within which a certain act is to be done, and no time is specified in this Act the Magistrate shall determine whether the time so fixed was reasonable.

Section 293 - In default of owner or occupier, panchayat may execute works and recover expenses

(1) Whenever under the provisions of this Act any work is required to be executed by the owner or occupier of any building, or land, and default is made in the execution of such work, the Grama Panchayat, Taluk Panchayat or Zilla Panchayat concerned whether any penalty is or is not provided for such default, may cause such work to be executed, and the expenses thereby incurred shall, unless otherwise expressly provided in this Act, be paid to it by the person by whom such work ought to have been executed, and shall be recoverable in the same manner as an amount claimed on account of any tax recoverable under Chapter XIII either in one sum or by instalments as the Panchayat concerned may deem fit.

(2) If the defaulter is the owner of the building or land, the Panchayat concerned may, by way of additional remedy, whether a suit or proceeding has been brought or taken against such owner or not, require, subject to the provisions of sub-section (3), the payment of all or any part of the expenses payable by the owner for the time being from the person who then or at any time thereafter occupies the building or land under such owner, and in default of payment thereof by such occupier on demand, the same may be levied from such occupier, and every amount so leviable shall be recoverable in the same manner as an amount claimed on account of any tax recoverable under Chapter XIII. Every such occupier shall be entitled to deduct from the rent payable by him to his landlord so much as has been so paid by or recovered from such occupier in respect of any such expenses.

(3) No occupier of any building or land shall be liable to pay more money in respect of any expenses charged on the owner thereof, than the amount of rent which is due from such occupier for the building or land in respect of which such expenses are payable at the time of the demand made upon him, or which at any time after such demand and notice not to pay the same to his landlord has accrued and become payable by such occupier, unless he neglects or refuses upon application made to him for that purpose by a Grama Panchayat, Taluk Panchayat or Zilla Panchayat truly to disclose the amount of his rent and the name and address of the person to whom the rent is payable, but the burden of proof that the sum demanded of any such occupier is greater than the rent which was due by him at the time of such demand or which has since accrued, shall be upon such occupier:

Provided that nothing herein contained shall be deemed to affect any special contract made between any such occupier and the owner respecting payment of the expenses of any such works as aforesaid.

Section 294 - Expenses or costs how determined and recovered

If a dispute arises with respect to any expenses or costs which are by this Chapter directed to be paid, the amount, and if necessary the apportionment of the same, shall, save where it is otherwise expressly provided in this Act, be ascertained and determined by the Grama Panchayat, Taluk Panchayat or Zilla Panchayat concerned and shall be recoverable in the same manner as an amount claimed on account of any tax recoverable under Chapter XIII.

Section 295 - Bar of suits etc.

(1) No civil court shall entertain a suit objecting to an assessment demand or charge made or imposed under this Act, or for the recovery of any sum of money collected under the authority of this Act, or for damages on account of any assessment or collection of money under the said authority, if the provision of this Act have been in substance and effect compiled with.

(2) No, suit or other legal proceeding shall lie against a Chief Executive Officer or Executive Officer or Secretary or any other officer of the Government or a Grama Panchayat or Taluk Panchayat or Zilla Panchayat or any member, officer, servant or agent of such Grama Panchayat, Taluk Panchayat or Zilla Panchayat acting under its direction in respect of anything done or purporting to have been lawfully done and in good faith under this Act or any rule, regulation, bye-law or order made thereunder except with the previous sanction of the Zilla Panchayat or such officer as the Zilla panchayat may specify.

(3) No suit or other legal proceeding shall lie against the Government in respect of anything done under this Act, or any rule, regulation or bye-law made thereunder.

Section 296 - Jurisdiction of Magistrate

Any prosecution under this Act or under any rule, regulation or bye-law made thereunder may, save as therein otherwise provided, be instituted before any Magistrate, and every fine or penalty imposed under or by virtue of this Act or any rule, regulation or bye-law made thereunder and also all claims to compensation or other expenses for the recovery of which no special provision is otherwise made in this Act, may be recovered on application, to such Magistrate by the distress and sale of any movable property within the limits of his jurisdiction belonging to the person from whom the money is claimed.

Section 297 - Alternative procedure by suit

In lieu of any process of recovery allowed by or under this Act in case of failure to realise by such process the whole or any part of any amount recoverable under the provisions of Chapter XIII or of any compensation, expenses, charges or damages awarded under this Act, the Grama Panchayat, Taluk Panchayat or Zilla Panchayat concerned may sue in any court of competent jurisdiction the person liable to pay the same, as also any other person who may have in any way caused any injury to any property, rights or privileges of the Grama Panchayat, Taluk Panchayat or Zilla Panchayat.

Section 298 - Punishment for offences under this Act and powers to compound

(1) Whoever,-

(a) erects, alters , adds to or reconstructs a building without the written permission required by section 64 or in contravention of any of the conditions imposed by it;

(b) uses any place without a licence required by sections 66, 67, 68, and 69 or in contravention of any of the conditions or during the suspension of the licence; or

shall on conviction, be punished with fine which may extend to five hundred rupees, and in the case of a continuing offence with a fine which may extend to five rupees for every day after the first conviction during which the offence continues.

(2) Upon a conviction under clause (b) of sub-section (1) in respect of any place, the magistrate shall on the application of the Grama Panchayat, Taluk Panchayat or Zilla Panchayat as the case may be, but not otherwise, order such place to be closed, and thereupon appoint such persons or take such other steps to prevent such place being so used; and every person who so uses or permits the use of a place after it has been ordered to be closed, shall be punished with fine which may extend to five rupees for each day during which he continues to use or permits such use of the place after it has been so ordered to be closed.

(3) (a) A Grama Panchayat, Taluk Panchayat or Zilla Panchayat or such officer as the Zilla Panchayat may authorise in this behalf may accept by way of composition a sum of money not exceeding five hundred rupees from any person, who, in the opinion of the Grama Panchayat, Taluk Panchayat or Zilla Panchayat or the authorised officer, as the case may be, has committed,-

(i) any of the aforesaid offences referred to in sub-section (1), or

(ii) any other offence under this Act or under any rule, regulation or bye-law made thereunder which may by notification be declared by the Government as compoundable; and on such composition no proceeding shall be taken against such person in respect of such offence.

(b) On the composition of any offence under clause (a) if proceedings in any criminal court have been instituted against the person concerned in respect of the offence the composition shall be deemed to amount to an acquittal and no further proceedings shall be taken against such person in respect of such offence.

Section 299 - Powers of police officers

(1) Any police officer may arrest any person committing in his presence any offence against any of the provisions of this Act or of any regulation or bye-law made thereunder if the name and address of such person is not known to him and if he declines to give his name and address, or if the police officer has reason to doubt the accuracy of such name and address given, and such person may be detained at the station house until his name and address shall be correctly ascertained.

(2) Any person arrested under sub-section (1) shall be informed as soon as may be, of the grounds for such arrest and shall be produced before the nearest Magistrate within a period of twenty-four hours of such arrest excluding the time necessary for the journey from the place of arrest to the court of the Magistrate and no such person shall be detained in custody beyond the said period without the authority of a Magistrate.

(3) It shall also be the duty of all police officers to give immediate information to the Adhyaksha or Secretary of the Grama Panchayat, Adhyaksha or Executive officer of Taluk Panchayat, Adhyaksha or Chief Executive Officer of the or Zilla Panchayat the commission of any offence against the provisions of this Act or of any rule, regulation or bye-law made thereunder, or where a member of the Grama Panchayat, Taluk Panchayat or Zilla Panchayat is arrested within twenty-four hours of such arrest and to assist all officers and servants of the Grama Panchayat, Taluk Panchayat or Zilla Panchayat in the exercise of their lawful authority.

Section 300 - Annual administration report

(1) As soon as may be after the first day of April in every year and not later than such date as may be fixed by the Government the Secretary of the Grama Panchayat shall place before the Grama Panchayat a report of the administration of the Grama Panchayat during the preceding official year in such form and with such details as the Government may direct and shall forward the report with the resolution of the Grama Panchayat thereon to the Zilla Panchayat.

(2) As soon as may be after the first day of April in every year and not later than such date as may be fixed by the Government, the Executive Officer of the Taluk Panchayat shall place before the Taluk Panchayat a report of the administration of the Taluk Panchayat during the preceding official year in such form and with such details as the Government may direct and shall forward the report with the resolution of the Taluk Panchayat thereon to the Zilla Panchayat.

(3) Zilla panchayat shall on receipt of the reports under sub-section (1) and (2) review the working of the Grama Panchayats and Taluk Panchayats and shall submit a consolidated report in this behalf to the Government.

(4) As soon as may be after the first day of April in every year and not later than such date as may be fixed by the Government, the Chief Executive Officer shall prepare a report on the administration of the Zilla panchayat during the preceding year in such form and with such details as the Government may direct and submit the report to the Zilla Panchayat. After approval by the Zilla Panchayat, the report shall be submitted to the Government.

(5) The report submitted under sub-sections (3) and (4) to the Government shall together with a memorandum by the Government reviewing the working of the Grama Panchayats, Taluk Panchayats and Zilla Panchayats, shall be laid before both the Houses of the State Legislature.

Section 301 - Adjustment of Government dues etc.

If a Grama Panchayat, Taluk Panchayat or Zilla Panchayat makes default in the payments of any amount, loan installments or interest due to the Government, the Karnataka State Electricity Board or the salaries, allowances or leave and pensionary contributions of Government servant deputed for service under such Panchayats, the Government may make an order directing the person having the custody of the Fund of the Panchayats concerned to pay the amount due in priority to any other charge against such fund and such person shall so far as the amounts to the credit of such Fund admit be bound to comply with the order.

Section 302 - Consequences of absorption of part of a panchayat area or on an area within the limits of the district or Taluk into a larger urban area etc.

¹[302. Consequences of absorption of part of a panchayat area or on an area within the limits of the district or Taluk into a larger urban area etc

(1) If during the term of office of a member of a Grama Panchayat or Taluk Panchayat or Zilla Panchayat, any area within the limits of a panchayat area, Taluk or district being a whole area comprised in a territorial constituency represented by such member is included in, any larger urban area, smaller urban area or transitional area or if such area within the limits of a panchayat area of Taluk is converted into a smaller urban area or transitional area (hereinafter referred to as other local area) notwithstanding anything contrary contained in this Act, or any other law for the time being in force, the following consequences shall ensue with effect from the date of such inclusion, or conversion namely:-

(a) such members shall cease to be a member of the Zilla panchayat or Taluk Panchayat or Grama Panchayat, and the total number of elected members of such Zilla Panchayat or Taluk Panchayat or Grama Panchayat as the case may be, as determined already shall stand reduced accordingly;

(b) so much of the Zilla panchayat or Taluk Panchayat or Grama Panchayat fund or other property vested in such Zilla panchayat, Taluk Panchayat or Grama Panchayat, shall be transferred to the fund of such local authority of the other local area, as the Government may by order in writing direct;

(c) the rights and liabilities of the Zilla Panchayat, Taluk Panchayat or Grama Panchayat in respect of civil and criminal proceedings, contracts and other matters or things (Including arrears of taxes, fees, cess and rates) arising in, or relating to the part of the area included in, or converted into the other local area shall vest in the local authority of the other local area and such rights and liabilites may be enforced by or against such local authority under the relevant law governing the local authority or the rules, bye laws and orders made thereunder.]

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1. 302 and 302A Substituted by Act 10 of 1997 w.e.f. 14.8.1997.

Section 302 - Consequences of absorption of part of a panchayat area or on an area within the limits of the district or Taluk into a larger urban area etc.

¹[302. Consequences of absorption of part of a panchayat area or on an area within the limits of the district or Taluk into a larger urban area etc

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1. 302 and 302A Substituted by Act 10 of 1997 w.e.f. 14.8.1997.

Section 302A - Constitution of new district or taluk by altering limits of the existing districts and taluks

¹ [302A. Constitution of new district or taluk by altering limits of the existing districts and taluks.--

(1) If during the term of office of the members of a Zilla Panchayat of a district or Taluk Panchayat of a taluk (hereinafter referred to as an existing Zilla Panchayat or existing Taluk Panchayat) a new district or taluk is constituted (hereinafter referred to as new district or as the case may be , new taluk) under the Karnataka Land Revenue Act, 1964 by altering the limits of such district or taluk, notwithstanding anything to the contrary contained in this Act, the following consequences shall ensue with effect from the date of such constitution of a new district or taluk, namely:-

(a) there shall be a Zilla Panchayat for the new district, or as the case may be, a Taluk Panchayat for the new taluk which shall consist of members of the existing Zilla Panchayat or Taluk Panchayat representing the territorial constituencies, the whole or major part of the area comprised in which is included in the new district or new taluk and other members referred to in section 120 or 159, as the case may be, and the total number of members of the existing Zilla Panchayat or Taluk Panchayat already determined shall stand reduced accordingly;

(b) the Zilla Panchayat of the new district or Taluk Panchayat of the new taluk shall at its first meeting after the constitution of the new district or taluk, as the case may be, elect one of its members to be Adhyaksha, and one of its members other than the Adhyaksha to be the Upadhyaksha;

(c) the Zilla Panchayat of the new district or Taluk Panchayat of the new taluk shall, as soon as may be elect members of the committees under section 148, or as the case may be, under section 186;

(d) the members of the Zilla Panchayat of the new district, or as the case may be, Taluk panchayat of the new taluk shall, subject to the provisions of sections 128, 129, 135, 136, 167, 168, 174 and 175 hold office for the unexpired portion of their term of office as members in the existing Zilla Panchayat, or as the case may be, existing Taluk Panchayat;

(e) the term of office of the Adhyaksha and Upadhyaksha and the members referred to in clauses (b) and (c) shall, subject to the provisions of sections 138, 140, 148, 177, 179 and 186 expire on such date as the government may by notification specify.

(2) Any appointment, notification, notice, tax, order, scheme, licence, permission, rule, regulation, bye-law or form made issued or imposed in respect of the existing Zilla Panchayat or Taluk Panchayat shall continue in force and be deemed to have been made, issued or imposed in respect of Zilla Panchayat or Taluk Panchayat of the new district or as the case may be, new taluk until it is superceded or modified by any appointment, notification, notice, tax, order, scheme, licence, permission, rule, regulation, bye-law or form made, issued, imposed or granted under the Act:

Provided that where a new district or new taluk is constituted by altering the limits of two or more existing districts or taluks, the Government may, by notification, direct that from the date specified thereunder, only such appointment, notification, notice, tax, order, scheme, licence, permission, rule, regulation, bye-law and form made, issued or imposed in respect of such of the existing Zilla Panchayats or Taluk Panchayats shall be applicable to the Zilla Panchayat of the new district and Taluk Panchayat of the new taluk and only such appointments, notifications, notice, tax, order, scheme, licence, permission, rule, regulation, bye-law and form shall thereupon continue in force.

(3) Unexpended balance of the fund and all other properties vesting in the existing Zilla Panchayat or Taluk Panchayat shall be transferred to the Zilla Panchayat of the new district or Taluk panchayat of the new taluk as the Government may by order direct.

(4) The rights and liabilities of existing Zilla Panchayat or Taluk Panchayat in respect of civil and criminal proceedings, properties, contracts agreements and other matters or things (including arrears of taxes, fees, cess and rates) arising in, and relating to any part of the area included in the new district or the new taluk shall vest in such Zilla Panchayat of the new district or Taluk Panchayat of the new taluk, as the Government may by order direct.

(5) Such officers and servants of the existing Zilla Panchayat or Taluk Panchayat may be transfered to Zilla Panchayat of the new district, or as the case may be, to the Taluk Panchayat of the new Taluk as the Government may by order direct and shall, until other provisions are made in according with this Act, be entitled to receive the same salary and allowances and be subject to the same conditions of service as they were entitled or subject to immediately before such transfer.

(6) All proceedings including appeals, pending before the existing Zilla Panchayat or Taluk panchayat or any officer immediately before the constitution of the new district or the new taluk and all prosecutions instituted by or on behalf of the existing Zilla panchayat or Taluk Panchayat or any officer thereof, pending immediately before such constitution shall be continued by or against or disposed of by, the existing Zilla Panchayat or Taluk Panchayat or such officer.

(7) The Government may, by notification, make such provision as appearing to it to be necessary or expedient,-

(i) for making deletions from, additions to, adaptations or modifications in any rule, bye-law, notification, scheme, permission or licence referred to in sub-section (2) in its application to the Zilla Panchayat of the new district, or as the case may be, the Taluk Panchayat of the new district, or as the case may be, the Taluk Panchayat of the new taluk: or

(ii) for removing difficulties arising in connection with the working of the existing Zilla Panchayat or existing Taluk Panchayat or the Zilla Panchayat of the new district or Taluk Panchayat of the new taluk.]

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1. 302 and 302A Substituted by Act 10 of 1997 w.e.f. 14.8.1997.

Section 302A - Constitution of new district or taluk by altering limits of the existing districts and taluks

¹ [302A. Constitution of new district or taluk by altering limits of the existing districts and taluks.--

(c) the Zilla Panchayat of the new district or Taluk Panchayat of the new taluk shall, as soon as may be elect members of the committees under section 148, or as the case may be, under section 186;

(7) The Government may, by notification, make such provision as appearing to it to be necessary or expedient,-

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1. 302 and 302A Substituted by Act 10 of 1997 w.e.f. 14.8.1997.

Section 302B - Consequences of absorption of part of a panchayat area or any area within the limits of a District or Taluk in another panchayat area, Taluk or District

¹ [302B.Consequences of absorption of part of a panchayat area or any area within thelimits of a District or Taluk in another panchayat area, Taluk or District.--

If during the term of office of,-

(i) a member of Grama Panchayat, any local area within the limits of a panchayat area, being the whole or major part of the area comprised in the territorial constituency represented by such member is included in any other panchayat area by virtue of a notification under section 4 of this Act; or

(ii) a member of a Taluk Panchayat, any local area within the limits of a Taluk being the whole or major part of the area comprised in the territorial constituency represented by such member is included in another taluk by virtue of a notification under section 4 of the Karnataka Land Revenue Act, 1964; or

(iii) a member of a Zilla Panchayat, any local area within the limits of a district being the whole or major part of the area comprised in the territorial constituency represented by such member is included in another district by virtue of a notification under section 4 of the Karnataka Land Revenue Act, 1964,

then, notwithstanding anything contrary contained in this Act, the following consequences shall ensue with effect from the date of such inclusion, namely:-

(a) such member of the Zilla Panchayat, Taluk Panchayat or Grama Panchayat as the case may be, (hereinafter referred to as earlier Zilla Panchayat, Taluk Panchayat or Grama Panchayat) shall cease to be a member of the earlier Zilla Panchayat, Taluk Panchayat or Grama Panchayat, as the case may be, and the total number of elected members of the earlier Zilla Panchayat, or Taluk Panchayat or Grama Panchayat, as the case may be, as determined already shall stand reduced to that extent;

(b) such member of the earlier Zilla Panchayat, Taluk Panchayat or Grama Panchayat as the case may be, shall become the member of the Zilla Panchayat of the District, Taluk Panchayat of the Taluk or Grama Panchayat of the panchayat area, as the case may be, in which such local area is included, (hereinafter referred to as later Zilla Panchayat, Taluk Panchayat or Grama Panchayat), and the total number of elected members of such later Zilla Panchayat or Taluk Panchayat or Grama Panchayat as the case may be, as already determined shall stand increased to that extent;

(c) such member of the later Zilla Panchayat, Taluk Panchayat or Grama Panchayat shall hold office for the remainder of the period for which he would have continued as Member of the earlier Zilla Panchayat, Taluk Panchayat, or Grama Panchayat as the case may be, had there been no such inclusion or till the remainder of the term of the later Zilla Panchayat, Taluk Panchayat or Grama Panchayat, as the case may be, whichever is earlier;

(d) so much of the Zilla Panchayat, Taluk Panchayat or Grama Panchayat fund or any other property vested in earlier Zilla Panchayat, Taluk Panchayat or Grama Panchayat shall be transferred to the fund of the later Zilla Panchayat, Taluk Panchayat or Grama Panchayat as the Government may by order in writing direct.

(e) the rights and labilities of the earlier Zilla Panchayat, Taluk Panchayat or Grama Panchayat in respect of civil and criminal proceedings, contracts, agreements and other matters or things (including arrears of tax, fees, rates and cess) arising in, or relating to the part of the area included in another panchayat area, Taluk or District shall vest in the later Zilla Panchayat, Taluk Panchayat and Grama Panchayat, as the case may be, and such rights and liabilities may be enforced by or against such later Zilla Panchayat, Taluk Panchayat or Grama Panchayat under this Act or rules, bye-laws and orders made thereunder.]

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1. Substituted by Act 29 of 1997 w.e.f. 20.10.1997.

Section 302B - Consequences of absorption of part of a panchayat area or any area within the limits of a District or Taluk in another panchayat area, Taluk or District

¹ [302B.Consequences of absorption of part of a panchayat area or any area within thelimits of a District or Taluk in another panchayat area, Taluk or District.--

If during the term of office of,-

then, notwithstanding anything contrary contained in this Act, the following consequences shall ensue with effect from the date of such inclusion, namely:-

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1. Substituted by Act 29 of 1997 w.e.f. 20.10.1997.

Section 303 - Transfer of property may be subject to conditions

The grant, lease, sale or other transfer of moveable or immovable property by a Grama Panchayat, Taluk Panchayat or Zilla Panchayat may be subjected to such conditions as the Grama Panchayat, Taluk Panchayat or Zilla Panchayat may specify.

Section 304 - Saving of acts and proceedings

No act done or proceedings taken under this Act shall be questioned on the ground merely of any defect or irregularity not affecting the merits of the case.

Section 305 - Procedure for consultation

Whenever any action has to be taken under this Act after consultation with any authority or body, such consultation shall be deemed to have been made if the authority or body concerned had been informed of the proposed action and given a reasonable time to furnish its views.

Section 306 - Method of serving notices, etc.

(1) Save as otherwise provided in this Act , the service of any notice or other document under this Act or order made thereunder on any person to whom it is by name addressed shall be affected,-

(a) by giving or tendering the said notice or document to such person, or

(b) if such person in not found by leaving such notice or document at his last known place of residence or business, or by giving or tendering the same to some adult member or servant of his family, or

(c) if such person does not reside in the village or town and his address elsewhere is known to the officer directing the issue of such notice or document by sending the same to him by registered post, or

(d) if none of the means aforesaid be available, by affixing such notice or document on some conspicuous part of the house, if any , in which the person is known to have last resided or carried on business or personally worked for gain.

(2) When any notice or other document has to be served upon an owner or occupier of any building or land, it shall not be necessary to name the owner or occupier therein, and the service thereof in cases not otherwise specially provided for in this Act, shall be effected either,-

(a) by giving or tendering the notice or document to the owner or occupier or if there be more owners or occupiers than one, to any one of them, or

(b) if no such owner or occupier be found, then by giving or tendering the notice or document to some adult member or servant of the family of any such owner or occupier as aforesaid, or

(c) if none of the means aforesaid be available, then by causing the notice or document to be affixed upon some conspicuous part of the building or land to which the same relates.

(3) Every notice which this Act requires or empowers a Grama Panchayat, Taluk Panchayat or Zilla Panchayat to give or to serve either as a public notice, or generally, or by provisions which do not expressly require notice to be given to individuals therein specified shall be deemed to have been sufficiently given or served if a copy thereof is put up in such conspicuous part of the office of the Grama Panchayat, Taluk Panchayat or Zilla Panchayat, as the case may be, during such period and in such other public buildings and places, or is published in such local papers or in such other manner as the Grama Panchayat, Taluk Panchayat or Zilla Panchayat may in this behalf direct.

(4) No notice or bill shall be invalid for defect of form.

(5) Whenever in any notice or other document served under this Act or the rules, regulations, bye-laws or order made thereunder, a period is fixed within which any tax or other sum is to be paid or any work executed or anything provided such period shall, in the absence of any provision to the contrary in this Act, or the said rules, regulations, bye-laws or orders thereunder, be calculated from the date of such service.

(6) When any notice under this Act, or any rule, regulation, bye-law or order requires any act to be done for which no time is fixed the notice shall fix a reasonable time for doing the same.

(7) In the event of non-compliance with the terms of the notice it shall be lawful for the Grama Panchayat, Taluk Panchayat or Zilla Panchayat or an officer authorised by it to take such action or such steps as may be necessary for the doing of the act thereby required to be done, and all the expenses therein incurred by the Grama Panchayat, Taluk Panchayat or Zilla Panchayat shall be paid by the person or persons upon whom the notice was served, and shall be recoverable in the manner provided under Chapter XIII.

Section 307 - Official display of flag

(1) No person shall fly any flag other than the National Flag or flag approved by the Government on the office of the Grama Panchayat or Taluk Panchayat or Zilla Panchayat.

(2) Whoever contravenes sub-section (1) shall be punished with imprisonment for a term which may extend to three months or with fine which may extend to rupees five thousand or with both and in the case of continuing contravention with a further fine which may extend to rupees five hundred for each day during which the contravention continues.

Section 308 - State Election Commission

(1) The superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to the Grama Panchayat, Taluk Panchayat or Zilla Panchayat shall be vested in the State Election Commission consisting of a State Election Commissioner to be appointed by the Governor.

(2) The conditions of service and tenure of office of the State Election Commissioner shall be such as the Governor may by rule determine:

Provided that the State Election Commissioner shall not be removed from his office except in like manner and on the like grounds as a judge of a High Court and conditions of service of the State Election Commissioner shall not be varied to his disadvantage after his appointment.

(3) The Governor shall when so requested by the State Election Commission, make available to the State Election Commission such staff as may be necessary for the discharge of the functions co nferred on the State Election Commission under sub-section (1).

Section 308A - Account of election expenses and maximum thereof

¹[308 A. Account of election expenses and maximum thereof

(1) Every candidate at an election to Zilla Panchayat or Taluk Panchayat under this Act shall either by himself or by his election agent, keep a separate and correct account of all expenditure in connection with the election, incurred or authorized by him or by his election agent between the date of which he has been nominated and the date of declaration of the result thereof, both dates inclusive.

(2) Any expenditure incurred or authorized in connection with the election of the candidate referred to in sub-section (1) by a political party or by any other association or body or persons or by any individual (other than the candidate or his election agent) shall not be deemed to be the expenditure in connection with the election incurred or authorized by the candidate or by his election agent for the purpose of sub-section (1).

Explanation 1: For the purposes of this sub-section, 'Political Party' shall have the same meaning as in the Election Symbols (Reservation and Allotment) Order, 1968 for the time being in force.

Explanation 2: For the removal of doubts, it is hereby declared that any expenditure incurred in respect of any arrangement made facilities provided or any other act or thing done by any person in the service of the government or the service of the Zilla Panchayat or Taluk Panchayat as the case may be, the discharge or purported discharge of his official duty for, or to, or in relation to any candidate or his election agent or any other person acting with the consent of the candidate or his election agent (whether by reason of the office held by the candidate or for any other reason) shall not be deemed to be expenditure in connection with the election incurred or authorized by a candidate or by his election agent for the purpose of this section.

(3) The account shall contain such particulars as may be prescribed.

(4) The total of the said expenditure shall not exceed such amount as may be prescribed.

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1. 308A to 308D Inserted by Act 37 of 2003 w.e.f. 1.10.2003.

Section 308A - Account of election expenses and maximum thereof

¹[308 A. Account of election expenses and maximum thereof

Explanation 1: For the purposes of this sub-section, 'Political Party' shall have the same meaning as in the Election Symbols (Reservation and Allotment) Order, 1968 for the time being in force.

(3) The account shall contain such particulars as may be prescribed.

(4) The total of the said expenditure shall not exceed such amount as may be prescribed.

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1. 308A to 308D Inserted by Act 37 of 2003 w.e.f. 1.10.2003.

Section 308B - Lodging of account with the returning officer

¹ [308B. Lodging of account with the returning officer.--

Every contesting candidate at the election to the Zilla Panchayat or Taluk Panchayat under this Act shall within thirty days from the date of election of the returned candidate or, if there are more than one returned candidate at the election and the dates of the election are different, the later of those two dates lodge with the Returning Officer appointed at an election under this Act an account of his election expenses which shall be a true copy of the account kept by him or by his election agent under section 308A.]

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1. 308A to 308D Inserted by Act 37 of 2003 w.e.f. 1.10.2003.

Section 308B - Lodging of account with the returning officer

¹ [308B. Lodging of account with the returning officer.--

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1. 308A to 308D Inserted by Act 37 of 2003 w.e.f. 1.10.2003.

Section 308C - Failure to lodge an account of election expenses

¹ [308C. Failure to lodge an account of election expenses.--

If the State Election Commission is satisfied that any person,-

(a) has failed to lodge an account of election expenses within the time and in the manner required by or under this Act; and

(b) has no good reason or justification for the failure;

the State Election Commission shall by order published in the Official Gazette declare him to be disqualified and any such person shall be disqualified for a period of six years from the date of the order.]

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1. 308A to 308D Inserted by Act 37 of 2003 w.e.f. 1.10.2003.

Section 308C - Failure to lodge an account of election expenses

¹ [308C. Failure to lodge an account of election expenses.--

If the State Election Commission is satisfied that any person,-

(a) has failed to lodge an account of election expenses within the time and in the manner required by or under this Act; and

(b) has no good reason or justification for the failure;

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1. 308A to 308D Inserted by Act 37 of 2003 w.e.f. 1.10.2003.

Section 308D - Returning Officer etc., deemed to be on deputation to State Election Commission

¹ [308D. Returning Officer etc., deemed to be on deputation to State Election Commission.--

The returning officers, presiding officers, polling officers and any other officer or staff employed in connection with the preparation, revision and correction of electrol roll for, and the conduct of all elections to the Zilla Panchayat, Taluk Panchayat and Grama Panchayat shall be deemed to be on deputation to the State Election Commission for the period during which they are so employed and such officers and staff shall, during that period, be subject to the control, superintendence and discipline of the State Election Commission. If during that period the officer concerned commits any misconduct action shall be taken against him under the Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957].

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1. 308A to 308D Inserted by Act 37 of 2003 w.e.f. 1.10.2003.

Section 308D - Returning Officer etc., deemed to be on deputation to State Election Commission

¹ [308D. Returning Officer etc., deemed to be on deputation to State Election Commission.--

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1. 308A to 308D Inserted by Act 37 of 2003 w.e.f. 1.10.2003.

Section 309 - Preparation of Development Plan

(1) Every Grama Panchayat shall¹[having due regard to the development programes suggested by the Grama Sabha] prepare every year a development plan and¹[forward] it to the Taluk Panchayat before such date and in such form as may be prescribed.

(2) Every Taluk Panchayat shall prepare every year a development plan for the Taluk after including the development plans of the Grama Panchayats and²[forward] it to the Zilla Panchayat before such date and in such form as may be prescribed.

(3) Every Zilla Panchayat shall prepare every year a development plan of the district after including the development plans of the Taluk Panchayats and²[forward] it to the District Planning Committee constituted under section 310.

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1. Inserted by Act 29 of 1997 w.e.f. 20.10.1997.

2. Substituted by Act 29 of 1997 w.e.f. 20.10.1997.

Section 309 - Preparation of Development Plan

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1. Inserted by Act 29 of 1997 w.e.f. 20.10.1997.

2. Substituted by Act 29 of 1997 w.e.f. 20.10.1997.

Section 310 - District Planning Committee

(1) The Government shall constitute in every district a District Planning Committee to consolidate the plans prepared by the Zilla Panchayats, Taluk Panchayats, Grama Panchayats, ¹ [Town Panchayat], Municipal Council and Municipal Corporations in the district and to prepare a draft development plan for the district as a whole.

(2) The District Planning Committee shall consist of,-

(a) members of the House of People who represent the whole or part of the district;

(b) members of the Council of State who are registered as electors in the district;

(d) Mayor or the President of the Municipal Corporation or the Municipal Council respectively, having jurisdiction over the head quarters of the district;

(e) such number of persons, not less than four-fifth of the total number of members of the Committee as may be specified by the Government, elected in the prescribed manner from amongst the members of the Zilla Panchayat, ¹ [Town Panchayat], and Councillors of the Municipal Corporation and Municipal Councils in the district, in proportion to the ratio between the population of the rural areas and of the urban areas in the district.

(3) All the members of the State Legislative Assembly whose constituencies lie within the district, the members of the State Legislative Council who are registered as electors in the district and the Deputy Commissioner shall be permanent invitees of the committee.

(4) The Chief Executive officer shall be the Secretary of the committee.

¹ [(5) The Adhyaksha of the Zilla Panchayat shall be the Chairman of the District Planning Committee, and the Mayor or President of the Municipal Corporation or the Municipal Council respectively having jurisdiction over the headquarters of the district, shall be the Vice-Chairman.]

(6) The District Planning Committee shall consolidate the plans prepared by the ZillaPanchayats, Taluk Panchayats, Grama Panchayats, ¹ [Town Panchayats] Municipal Councils and the Municipal Corporations in the district and prepare a draft development plan for the district as a whole.

(7) Every District Planning Committee shall in preparing the draft development plan,-

(a) have regard to,-

(i) the matters of common interest between the Zilla Panchayats, Taluk Panchayats, Grama Panchayats, ¹ [Town Panchayats], Municipal Corporations and Municipal Councils in the district, including spatial planning, sharing of water and other physical and natural resource, the integrated development of infrastructures and environmental conservation;

(ii) the extent and type of available resources whether financial or otherwise:

² [Provided that it shall not result in the alteration of the plans prepared by the local bodies referred to in item(i), but the recommendations of the District Planning Committee, if any, may be considered by such local bodies before finalising the plan.]

(b) consult such institutions and organisations as the Governor may, by order, specify.

(8) The Chairpersons of every District Planning Committee shall forward the development plan, ² [for being integrated into the State plan] as recommended by such committee to the Government.

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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.

Section 310 - District Planning Committee

(2) The District Planning Committee shall consist of,-

(a) members of the House of People who represent the whole or part of the district;

(b) members of the Council of State who are registered as electors in the district;

(d) Mayor or the President of the Municipal Corporation or the Municipal Council respectively, having jurisdiction over the head quarters of the district;

(4) The Chief Executive officer shall be the Secretary of the committee.

(7) Every District Planning Committee shall in preparing the draft development plan,-

(a) have regard to,-

(ii) the extent and type of available resources whether financial or otherwise:

(b) consult such institutions and organisations as the Governor may, by order, specify.

(8) The Chairpersons of every District Planning Committee shall forward the development plan, ² [for being integrated into the State plan] as recommended by such committee to the Government.

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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.

Section 310A - State Panchayat Council

¹ [310A. State Panchayat Council.-- [310A. State Panchayat Council.--

(1) The Government shall constitute a State Panchayat Council to act as a forum for elected representatives to voice their aspirations and offer their suggestions to improve the Panchayat Raj system and make it more responsive to the peoples' needs.

(2) The State Panchayat Council shall consist of,-

(i) the Chief Minister as Chairman,

(ii) the Minister for rural Development and Panchayat Raj as Vice-Chairman,

(iii) five other ministers nominated by the Government as members,

² [(iv) Ten Adhyakshas of the Zilla Panchayats nominated by the Government as members;

(v) Adyakshas of one Grama Panchayath and one Taluk Panchayath nominated by each Zilla Panchayath as members and;

(vi) five Members of Legislative Assembly nominated by the Speaker of the Legislative Assembly and two Members of Legislative Council nominated by the Chairman of the Legislative Council as members; and

(vii) Secretary, Department of Rural Development and Panchayat Raj as member-secretary.]

(3) The State Panchayat Council shall meet at least once in a year.

(4) The State Panchayat Council shall discuss matters relating to functioning of the panchayats in the State.]

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1. Subsection 1 to 4 Inserted 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 310A - State Panchayat Council

¹ [310A. State Panchayat Council.-- [310A. State Panchayat Council.--

(2) The State Panchayat Council shall consist of,-

(i) the Chief Minister as Chairman,

(ii) the Minister for rural Development and Panchayat Raj as Vice-Chairman,

(iii) five other ministers nominated by the Government as members,

² [(iv) Ten Adhyakshas of the Zilla Panchayats nominated by the Government as members;

(v) Adyakshas of one Grama Panchayath and one Taluk Panchayath nominated by each Zilla Panchayath as members and;

(vii) Secretary, Department of Rural Development and Panchayat Raj as member-secretary.]

(3) The State Panchayat Council shall meet at least once in a year.

(4) The State Panchayat Council shall discuss matters relating to functioning of the panchayats in the State.]

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1. Subsection 1 to 4 Inserted 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 311 - Power of Government to make rules

(1) The Government may after previous publication, by notification in the Official Gazette make rules to carry out the purposes of this Act.

(2) A rule under this Act may be made with retrospective effect and when such a rule is made the reasons for making the rule shall be specified in a statement laid before both Houses of the State Legislature. Subject to any modification made under section 320 every rule made under this Act shall have effect as if enacted in this Act.

(3) In making a rule under this section, the Government may provide that a person guilty of breach thereof shall, on conviction, be punished with fine which may extend to five hundred rupees and where the breach is a continuing one with further fine which may extend to twenty-five rupees for every day on and after the first day on which the breach continues.

Section 312 - Amendment of Schedules I, II and III

The Government may,¹[in consultation with the State Panchayat Council] by notification, in the official Gazette omit, amend or add any activity, programme or scheme covered by or mentioned in Schedule I, II or III. On the issue of such notification the Schedule shall be deemed to have been amended accordingly. Every such notification shall be placed before each House of the State Legislature.

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1. Inserted by Act 29 of 1997 w.e.f. 20.10.1997.

Section 312 - Amendment of Schedules I, II and III

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1. Inserted by Act 29 of 1997 w.e.f. 20.10.1997.

Section 313 - Power of Zilla Panchayat to make regulations

(1) A Zilla Panchayat may subject to the provisions of this Act and the rules made under section 311 and with the previous sanction of the Government, by notification, make regulations to carry out the purposes of this Act in so far as it relates to its powers and duties.

(2) The regulations made under sub-section (1) shall be subject to the condition of previous publication and such publication shall be in such manner as may be prescribed.

Section 314 - Power of Taluk Panchayat to make regulations

(1) A Taluk Panchayat may subject to the provisions of this Act and the rules made under section 311 and with the previous sanction of the Government, by notification, make regulations to carry out the purposes of this Act in so far as it relates to its powers and duties.

(2) The regulations made under sub-section (1) shall be subject to the conditions of previous publication and such publication shall be in such manner as may be prescribed.

Section 315 - Power of Grama Panchayats to make bye-laws

(1) A Grama Panchayat may subject to the provisions of this Act and the rules made under section 311 and the regulations made under section 313 and with the previous sanction of the Zilla Panchayat make bye-laws to carry out the purposes of this Act in so far as it relates to its powers and duties.

(2) In particular and without prejudice to the generality of the foregoing power, a Grama Panchayat may make bye-laws,-

(a) for the purification and protection from pollution of all sources of water used for drinking purposes;

(b) for the prohibition of the removal or use for drinking purposes of any water from any stream, tank, well or other source, where such removal or use causes, or is likely to cause disease or injury to health and for the prevention of such removal or use by the filling in or covering over of such tank or well, or by any other method which may be considered advisable;

(c) for the prohibition of the deposit or storage of manure, refuse or other offensive matter in a manner or in places prejudicial to the public health, comfort or convenience;

(d) for the regulation of dangerous or offensive callings or trade;

(e) for the disposal of corpses by burning or burial;

(f) for excavation of earth and filling up of excavations and depressions injurious to health or offensive to the neighborhood;

(g) for the removal of noxious vegetation;

(h) for the repair and removal of dangerous or ruinous buildings;

(i) for the prevention of the erection of buildings without adequate provision for ventilation or the laying out and location of streets;

(j) for specifying fees payable under section 70;

(k) for the control of fairs and bazaars and the regulation of markets, slaughter houses and cart stands;

(l) for the inspection and destruction of unfit food and drink exposed for sale;

(m) for general regulation of sanitation and conservancy;

(n) the management and maintenance of cattle pounds; and

(o) performance of other duties assigned by the Government, Zilla Panchayat or Taluk Panchayat.

(3) In making any bye-laws under sub-sections (1) and (2), the Grama Panchayat may provide that a contravention thereof shall be punishable,-

(a) with fine which may extend to twenty-five rupees;

(b) with fine which may extend to twenty-five rupees, and in case of continuing contravention with an additional fine which may extend to two rupees for every day during which such contravention continues after conviction for the first such contravention; or

(c) with fine which may extend two rupees for every day during which the contravention continues after receipt of a notice from the Grama Panchayat or any officer duly authorised in this behalf, by the person contravening the bye-law requiring such person to discontinue such contravention;

(4) any such bye-law may also provide that a person contravening the same shall be required to remedy so far as lies in his power, the mischief, if any, caused by such contravention.

(5) All bye-laws made under this section shall be subject to the condition of previous publication and such publication shall be in such manner as may be prescribed.

Section 316 - Power of Government to make model regulations and bye-laws and adoption of such regulations and bye-laws by the Panchayats

(1) The Government may , subject to the provisions of this Act and the rules made under section 311 and after previous publication of the draft for not less than one month, make model regulations and bye-laws for Grama Panchayats, Taluk Panchayats and Zilla Panchayats.

(2) A Grama Panchayat, Taluk Panchayat or Zilla Panchayat may by resolution adopt the model bye-laws or regulations, as the case may be, made under sub-section (1), and such bye-laws and regulations shall come into force within the jurisdiction of the Grama Panchayat, Taluk Panchayat or Zilla Panchayat from such date as the Grama Panchayat, Taluk Panchayat or Zilla Panchayat, as the case may be, may specify in a notice published in the prescribed manner.

(3) The Government may by order direct any Grama Panchayat, Taluk Panchayat or Zilla Panchayat to adopt the model bye-laws and regulations in respect of any matter within such period not being less than three months from the date of receipt of the direction by the Panchayat concerned.

(4) If any Grama Panchayat, Taluk Panchayat or Zilla Panchayat, fails to take any action for adopting the model bye-laws or regulations, as the case may be, the Government may, by notification, declare that the said model bye-laws or regulations , as the case may be, shall come into force within the jurisdiction of the Grama Panchayat, Taluk Panchayat or Zilla Panchayat from such date as may be specified in such notification, and such bye-laws or regulations, as the case may be, shall come into force accordingly.

(5) The provisions of this section will have the effect notwithstanding any thing contained in sections 313, 314, and 315.

Section 317 - Power of Government to adapt laws

For the purpose of bringing the provisions of any law in force in accordance with the provisions of this Act, the Government may by order published in the official Gazette make such adaptations and modifications of such law, whether by way of repeal or amendment, as may be necessary or expedient, and provide that the law shall, as form such date as may be specified in the order, have effect subject to adaptations and modifications so made and any such adaptation or modification shall not be questioned in any court of law.

Explanation.--The expression "law in force" in this section shall include a law passed or made by the State legislature or other competent authority in the State before the commencement of this Act and not previously repealed, notwithstanding that it or parts of it may not be then in operation either in all, or any particular areas in the State.

Section 318 - Repeal and Savings

The Karnataka Zilla Parishads, Taluk Panchayat Samithis, Mandal Panchayats and Nyaya Panchayats Act, 1983 (Karnataka Act 20 of 1985 ) is hereby repealed:

Provided that such repeal shall not affect,-

(a) the previous operations of the said Act or anything duly done or suffered thereunder, or

(b) any right, privilege, obligation or liability acquired, accrued or incurred under the said Act; or

(d) any investigation, legal proceeding or remedy in respect of such right, privilege obligation, liability, forfeiture or punishment as aforesaid, and any such investigation, legal proceeding or remedy may be instituted continued or enforced, and any such penalty, forfeiture or punishment may be imposed as if this Act had not been passed:

Provided further that,-

(a) subject to the preceding provision, anything done or any action taken (including any appointment or delegation made, tax, fee or cess imposed, notification, order, instrument or direction issued, rule, regulation, form, bye-law or scheme framed, certificate obtained, permit or licence granted or registration effected) under the said Act shall be deemed to have been done or taken under the corresponding provisions of this Act and shall continue to be in force accordingly unless and until superseded by anything done or any action taken under this Act;

(b) every officer and servant of a Mandal Panchayat or Zilla parishad, other than such class of servants as the Government may specify by order, shall until other provisions are made receive the salary and allowances and be subject to the conditions of service to which they were entitled immediately before the commencement of this section;

(c) it shall be competent to the Grama Panchayat, Taluk Panchayat or Zilla Panchayat subject to the previous sanction of the Government to discontinue the service of any officer or servant who, in its opinion, is not necessary or suitable to the requirements of the Grama Panchayat, Taluk Panchayat or Zilla Panchayat after giving such notice as is required to be given by the terms of his employment and every officer or servant whose services are discontinued, shall be entitled to such leave, pension, provident fund and gratuity as he would have been entitled to take or receive on being invalidated out of service as if the Mandal Panchayat or Zilla Parishad in the employ of which he was, had not ceased to exist;

(d) all assets and liabilities of, and all contracts made by or on behalf of a Mandal Panchayat or a Zilla Parishad before the date of commencement of this Act and subsisting on that day shall stand transferred to such Grama Panchayat, Taluk Panchayat or Zilla Panchayat in accordance with such orders as the Government may make in this behalf;

(e) where a provident fund or superannuation fund or any other like fund has been established for the benefit of the employees of the Mandal Panchayat or a Zilla Parishad, the moneys standing to the credit of any such fund on the date of commencement of this Act together with any other assets belonging to such fund shall stand transferred to and vest in the Government and the Government shall be liable to discharge the obligations of the Mandal Panchayat and Zilla Parishad in respect of such fund;

(f) any reference in any enactment or in any instrument to any provision of the repealed Act shall unless a different intention appears be construed as a reference to the corresponding provisions of this Act.

Section 319 - Orders bringing this Act into force

(1) Notwithstanding anything contained in this Act or in any other law for the time being in force, the Government may by order published in the Official Gazette make such provision as appears to it to be necessary or expedient,-

(a) for making omissions from, additions to and adaptations and modifications of the rules, regulations, bye-laws, notifications and orders referred to in the second proviso to section 318 in their application to the local authorities established or continued under this Act;

(b) for removing difficulties arising in connection with the transition to the provisions of this Act, including difficulties in the construing of reference to authorities in any law;

(c) for authorising the continued carrying in for the time being on behalf of the local authorities of services and activities previously carried on by any of the local authorities; and

(d) so far as it appears necessary or expedient in connection with any of the matters aforesaid for varying the powers or jurisdiction of any court or authority and empowering new courts or other authorities to exercise such jurisdiction as may be specified in such order.

(2) The provisions made by any order under sub-section (1) shall subject to the provisions of section 320 have effect as if enacted in this Act, and any such order may be made so as to be retrospective to any date not earlier than the date of commencement of this Act:

Provided that no person shall be deemed to be guilty of an offence by reason of so much of any such orders as makes any provision thereof retrospective to any date before the making thereof.

Section 320 - Rules and orders to be laid before the Houses of the State Legislature

Every rule made under section 311 and every order made under section 319 shall be laid, as soon as may be after it is made, before each House of the State Legislature while it is in session for a total period of thirty days which may be comprised in one session or in two or more sessions and if before the expiry of the said period, either House of the State Legislature makes any modification in any rule or order or directs that any rule or order shall not have effect, and if the modification or direction is agreed to by the other House, such rule or order shall thereafter have effect only in such modified form or be of no effect, as the case may be.

Section 321 - Removal of difficulties

If any difficulty arises in giving effect to the provisions of this Act, the Government may by order, published in the Official Gazette as the occasion may require do anything which appears to it to be necessary to remove the difficulty.