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Karnataka Local Authorities (Prohibition of Defection ) Act, 1987 Preamble 1

Title: Karnataka Local Authorities (Prohibition of Defection ) Act, 1987

State: Karnataka

Year: 1987

Preamble 1 - KARNATAKA LOCAL AUTHORITIES (PROHIBITION OF DEFECTION ) ACT, 1987 THE KARNATAKA LOCAL AUTHORITIES (PROHIBITION OF DEFECTION ) ACT, 1987 [Act, No. 20 of 1987]1 [2nd May, 1987] PREAMBLE An Act to prohibit defection by the Councillors of Municipal Corporations,2[Municipal Councils, Town Panchayats and members of Zilla Panchayats and Taluk Panchayats] from the political parties by which they were set up as candidates and matters connected therewith. WHEREAS it is expedient to prohibit defection by the Councillors of Municipal Corporations2[Municipal Councils and Town Panchayats and members of Zilla Panchayats and Taluk Panchayats ] from the political parties by which they were set up as candidates and matters connected therewith; BE it enacted by the Karnataka State Legislature in the Thirty-eighth Year of the Republic of India as follows :-- _________________________ 1. First published in the karnataka Gazette Extraordinary on the fifth day of May 1987. 2. Substituted by Act 13 of 1995 w.e.f. 3.5.1995.

Karnataka Local Authorities (Prohibition of Defection ) Act, 1987 Section 3

Title: Disqualification on the Ground of Defection

State: Karnataka

Year: 1987

..... 2[(3) x x x ] (4) Notwithstanding anything contained in the foregoing provisions of this section, a person who on the commencement of this Act, is a councillor shall,-- (a) where he was a member of a political party immediately before such commencement, be deemed for purposes of sub--section (1) to have been elected as a councillor as a candidate set up by such political party ; (b) in any other case, be deemed to be an elected councilor who has been elected as such otherwise than as a candidate set up by any political party for the purpose of sub--section (2). __________________________ 1. Substituted by Act 13 of 1995 w.e.f. 3.5.1995. 2. Omitted by Act 13 of 1995 w.e.f. 3.5.1995.

Karnataka Local Authorities (Prohibition of Defection ) Act, 1987 Section 3A

Title: Disqualification on the Ground of Defection Not to Apply in Case of Split

State: Karnataka

Year: 1987

.....of split Where a councillor or a member makes a claim that he and any other members of his political party constitute the group representing a faction which has arisen as a result of a split in his political party and such group consists of not less than one--third of the members of such political party,-- (a) he shall not be disqualified under sub--section (1) of section 3 on the ground,-- (i) that he has voluntarily given up his membership of his political party ; or (ii) that he has voted or abstained from voting in, or intentionally remained absent from, any meeting of the Municipal Corporation, Municipal Council, Town Panchayat, Zilla Panchayat or Taluk Panchayat contrary to any direction issued by the political party to which he belongs or by any person or authority authorised by it in this behalf, without obtaining in any case, the prior permission of such political party, person or authority and such voting or abstention or absence has not been condoned by such political party, person or authority within fifteen days from the date of voting or such abstention or absence ; and (b) from the time of such split, such faction shall be deemed to be the political.....

Karnataka Local Authorities (Prohibition of Defection ) Act, 1987 Section 4

Title: Decision on the Question as to Disqualification on the Ground of Defection

State: Karnataka

Year: 1987

.....Corporation, the Commissioner ; (d) in the case of a City Municipal Council, the Municipal Commissioner, (e) in the case of a Town Municipal Council, the Chief Officer; 3[(f) in the case of a Town Panchayat, the Chief Officer ; ] 4[(2) " Local Authority" means the Zilla Panchayat, Taluk Panchayat, Municipal Corporation, City or Town Municipal Council or Town Pancayat.] 6[(3) "State Election Commissioner" means the State Election Commissioner appointed under Section 308 of the Karnataka Panchayat Raj Act, 1993.] __________________________ 1. Omitted by Act 13 of 1995 w.e.f. 3.5.1995. 2. Substituted by Act 19 of 1995 w.e.f. 5.6.1995. 3. Inserted by Act 13 of 1995 w.e.f. 3.5.1995. 4. Substituted by Act 13 of 1995 w.e.f. 3.5.1995. 5. Proviso omitted by Act 19 of 1995 w.e.f. 5.6.1995. 6. Inserted by Act 19 of 1995 w.e.f. 5.6.1995.

The Kerala Local Authorities (Prohibition of Defection) Act 1999 [1] Complete Act

State: Kerala

Year: 1999

THE KERALA LOCAL AUTHORITIES (PROHIBITION OF DEFECTION) ACT 1999 [1] THE KERALA LOCAL AUTHORITIES (PROHIBITION OF DEFECTION) ACT 1999 [1] ACT 11 OF 1999 AN ACT to prohibit defection among members of local authorities in the State of Kerala and to provide for disqualification of the defecting members for being members of local authorities. Preamble.-- WHEREAS, it is expedient to bring out a comprehensive legislation for removing the ambiguity in the existing laws in so far as they relate to prohibition of defection among members of local authorities and disqualification of the defecting members for being members of the local authorities; BE it enacted in the Fiftieth Year of the Republic of India as follows:- 1. Short title and commencement.-(1) This Act may be called the Kerala Local Authorities (Prohibition of Defection) Act, 1999. (2) It shall be deemed to have come into force on the 2nd day of October, 1995. 2. Definition.- In this Act, unless the context otherwise requires,-- (i) "block panchayat" means a block panchayat constituted under the Kerala Panchayat Raj Act, 1994 (13 of 1994); (ii) "coalition" means a coalition.....

Karnataka Local Authorities (Prohibition of Defection ) Act, 1987 Section 7

Title: Amendment of Karnataka Act 20 of 1985

State: Karnataka

Year: 1987

In the Karnataka Zilla Parishads, Taluk Panchayat Samithies, Mandal Panchayats and Nyaya Panchayats Act, 1983 (Karnataka Act 20 of 1985),-- (i) after sub--section (1) of section 11, the following sub--section shall be inserted, namely :-- "(1A) A Person shall be disqualified for being a member of the Mandal Panchayat if he is so disqualified under the Karnataka Local Authorities (Prohibition of Defection) Act, 1987" ; (ii) in clause (i) of sub--section (1) of section 12, for the words and figures, " in section 11", the words, brackets and figures " in sub--section (1) of section 11", shall be substituted. ; (iii) after sub--section (1) of section 154, the following sub--section shall be inserted, namely :-- "(1A) A person shall be disqualified for being a member of the Zilla Parishad if he is so disqualified under the Karnataka Local Authorities (Prohibition of Defection) Act, 1987" (iv) in clause (a) of sub--section (1) of section 155, for the words and figures " in section 154", the words, brackets and figures " in sub--section (1) of section 154", shall be substituted.

Karnataka Local Authorities (Prohibition of Defection ) Act, 1987 Section 6

Title: Amendment of Karnataka Act 14 of 1977

State: Karnataka

Year: 1987

In the Karnataka Municipal Corporations Act, 1976 (Karnataka Act 14 of 1977), after sub--section (1) of section 26, the following sub--section shall be inserted, namely :-- "(1A) A person shall be disqualified for being a Councilor if he is so disqualified under the Karnataka Local Authorities (Prohibition of Defection) Act, 1987".

Karnataka Local Authorities (Prohibition of Defection ) Act, 1987 Section 10

Title: Repeal and Savings

State: Karnataka

Year: 1987

(1) The Karnataka Local Authorities (Prohibition of Defection) Ordinance, 1986 (Karnataka Ordinance 18 of 1986) is hereby repealed. (2) Notwithstanding such repeal anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under this Act. (The above translation of the d}rd L(c)

Karnataka Local Authorities (Prohibition of Defection ) Act, 1987 Section 5

Title: Amendment of Karnataka Act 22 of 1964

State: Karnataka

Year: 1987

In the Karnataka Municipalities Act, 1964 (Karnataka Act 22 of 1964), after sub--section (1) of section 16, the following sub--section shall be inserted, namely :-- "(1A) A person shall be disqualified for being a Councillor if he is so disqualified under the Karnataka Local Authorities (Prohibition of Defection) Act, 1987".

Karnataka Local Authorities (Prohibition of Defection ) Act, 1987 Section 1

Title: Short Title and Commencement

State: Karnataka

Year: 1987

(1) This Act may be called the Karnataka Local Authorities (Prohibition of Defection) Act, 1987. (2) It shall be deemed to have come into force on the Twenty--ninth day of December, 1986.