Act

THE KARNATAKA PANCHAYAT RAJ ACT, 1993

KARNATAKA ACT No.14 OF 1993

(First published in the Karnataka Gazette, Extraordinary on the Thirtieth day of April, 1993)
(Received the assent of the Governor on the Thirtieth day of April, 1993)
(As Amended by Act Nos. 10 of 1995, 9 of 1996, 17 of 1996; 1 of 1997; 10 of 1997; 29 of 1997; 29 of 1998; 10 of 1999; 21 of 1999 and Ordinance Nos. 5 of 1999 and 6 of 1999.)

An Act to replace the present enactment relating to Panchayats by a comprehensive enactment

Whereas, it is expedient to replace the present enactment by a comprehensive enactment to establish a three-tier Panchayat Raj system in the State with elected bodies at the Grama, Taluka and District levels, in keeping with the Constitution Amendment relating to Panchayats for greater participation of the people and more effective implementation of rural development programmes and to function as units of local-self Government.

  1. SHORT TITLE AND COMMENCEMENT
  2. DEFINITIONS

GRAMA SABHA

WARD SABHA AND GRAMA SABHA3. Ward Sabha.- (1) Subject to the general orders of the Government, Ward Sabha shall meet atleast once in six months. (2) The quorum for the meeting of a Ward Sabha shall be not less than one tenth of the total number of members of the Ward Sabha or twenty members whichever is less. As far as may be, not less than thirty percent of the voters attending the Ward Sabha, shall be women. As far as may be the persons belonging to the Scheduled Castes and Scheduled Tribes shall be represented in proportion to their population in the Ward Sabha." (3) Ward Sabha shall, subject to such rules as may be prescribed, exercise the following powers and discharge the following functions, namely:- (a) to generate proposals and determine the priority of schemes and development programmes to be implemented in the area of the Ward Sabha and forward the same to place it before the Grama Sabha for inclusion in Grama Panchayat development plan; (b) to identity the most eligible persons from the area of Ward Sabha for beneficiary oriented schemes on the basis of criteria fixed and prepare list of eligible beneficiaties in the order of priority and forward the same to the Grama Panchayat for inclusion in its development plan; (c) to verify the eligibility of persons getting various kinds of welfare assistance from Government such as pensions and subsidies; (d) to get information from the officers of the Grama Panchayat as to the services they will render and the works they propose to do in the succeeding period of six months after the meeting of the Ward Sabha; (e) to get information from the Grama Panchayat on the rational of every decision of the Grama Panchayat concerning the area of the Ward Sabha; (f) to get information from the Grama Panchayat on the follow up action taken on the decisions of the Ward Sabha; (g) to provide and mobilize voluntary labour and contributions in cash and kind for development work and supervise such development works through volunteer teams; (h) to make efforts to ensure that the members of Ward Sabha pay taxes and repay loans to the Grama Panchayat; (i) to suggest the location of streetlights, street or community water taps, public wells, public sanitation units, irrigation facilities and such other public amenity schemes within the area of the Ward Sabha; (j) to identify the deficiencies in the water supply and street lighting arrangements in the area of Ward Sabha and suggest remedial measures; (k) to impart awareness on matters of public interest such as cleanliness, preservation of the environment and prevention of pollution; (l) to assist the employees of the Grama Panchayat in sanitation arrangements in the area of Ward Sabha and render voluntary service in the removal of garbage; (m) to promote programme of adult education within the area of Ward Sabha; (n) to assist the activities of public health centers in the area of Ward Sabha especially in disease prevention and family welfare and to create arrangements to quickly report the incidence of epidemics and natural calamities; (o) to promote harmony and unity among various groups of people in the area of the Ward Sabha and to arrange cultural festivals and sports meets to give expression to the talents of the people of the locality; and (p) to exercise such other powers and discharge such other functions as may be prescribed. (4) The procedure for convening and conducting the meetings of the Ward Sabha shall be such as may be prescribed. (5) Every meeting of a Ward Sabha shall be presided over by the member of the Grama Panchayat elected from the area of the concerned Ward Sabha and in his absence by any other member of the Grama Panchayat nominated by it. (6) All resolutions in respect of any issue in the meeting of the Ward Sabha shall be passed by a majority of the members present and voting.3A. Grama Sabha.- (1) The Grama Sabha shall meet at least once in six months: Provided that a Special meeting of the Grama Sabha shall be convened if a request is made by not less than ten percent of the members of the Grama Sabha with items of agenda specified in such request and there shall be a minimum three months period between two special meetings of the Grama Sabha. (2) The quorum for the meeting of a Grama Sabha shall be not less than one tenth of the total number of members of the Grama Sabha, or hundred members, whichever is less. As far as may be, at least ten members from each Ward Sabha within the Panchayat area shall attend the meeting and not less than thirty percent of the members attending the Grama Sabha shall be women. As far as may be the persons belonging to the Scheduled Caste and Scheduled Tribes shall be represented in proportion to their population in the Grama Sabha. (3) Subject to such rules as may be prescribed, the Grama Sabha, shall exercise powers and discharge functions as hereinafter provided, namely:- (a) to consider and approve the annual plan prepared by the Grama Panchayat; (b) to generate proposals and determine the priority of all schemes and development programmes to be implemented in the Panchayat area by the Zilla Panchayat or Taluk Panchayat after considering the recommendations and suggestions of the Ward Sabhas through the Grama Panchayat; (c) to identify and select the most eligible persons from the Panchayat area for beneficiary oriented schemes on the basis of criteria fixed by the Grama Panchayat, Taluk Panchayat, Zilla Panchayat or the Government and to prepare list of beneficiaries in the order of priority after considering the priority lists of individual beneficiaries sent by the Ward Sabhas. Such list shall be binding on the concerned Grama Panchayat, Taluk Panchayat, Zilla Panchayat or the Government, as the case may be; (d) to disseminate information on development and welfare programmes and to render assistance in effective implementation of development schemes by providing facilities locally available and to provide feed back on the performance of the same; (e) to render assistance to the Grama Panchayat in collection and compilation of details required, formulation of development plans, collection of essential socio-economic data and canvassing participation in health, literacy and similar development compaigns; (f) to get information from the officers of the Grama Panchayat as to the services they will render and the works they propose to do in the succeeding period of six months after the meeting of the Grama Sabha; (g) to get information from the Grama Panchayat on the rational of every decision of the Grama Panchayat concerning the Panchayat area; (h) to get information from the Grama Panchayat on the follow up action taken on the decisions of the Gramasabha; (i) to provide and mobilize voluntary labour and contributions in cash and kind for development works and to supervise such development works through volunteer teams; (j) to resort to persuasion of Grama Sabha members to pay taxes and repay loans to the Grama panchayat; (k) to decide, after considering the suggestions of the ward sabhas the location of street lights, street or community water taps, Public wells, Public sanitation units, irrigation facilities and such other Public amenity schemes and to identify the defiencies in them and after considering the suggestions of the ward sabhas to suggest the remedial measures and to report the satisfactory completion of the works; (l) to impart awareness on matters of public interest such as cleanliness, preservation of environment and prevention of pollution; (m) to assist employees of the Grama panchayat in sanitation arrangements in the panchayat area and to render voluntary service in the removal of garbage; (n) to promote the programme of adult education within the Panchayat area; (o) to assist the activities of school betterment sanghas, Anganawadi, Mahilasamaja, Youth associations, self help groups, women activities in the Panchayat area; (p) to assist the activities of public health centres in the panchayat area, especially in disease prevention and family welfare population control and control of cattle diseases and create arrangement to quickly report the incidence of epidemics and natural calamities; (q) to promote communal harmony and unity among various groups of people in the Panchayat area and to arrange cultural festivals literary activities and sports meets to give expression to the talents of the people of the locality; and (r) to conserve and maintain public properties such as Gomala, tanks, tank beds, ground water, grazing grounds of the cattle, mines etc., within the limits of the Gram Panchayats; (s) to take action to prevent discrimination on the basis of caste, religion and sex etc., and to direct the Gram Panchayaths to not to grant license to shops vending liquor or narcotic drugs or place of gambling or any other activities prejudicial to public interest; (t) to identity the child labourers if any, present within the limits of the Grama Panchayaths and to take action to rehablitate them and to assist in implementation of the legal action specified by the Central and State Governments; (u) to exercise such other powers or discharge such other functions as may be prescribed. (4) The Grama Sabha shall in its ordinary meeting or a special meeting convened for the purpose, discuss the budgetary provisions, the details of plan outlay and the subject wise allocation of funds and also the details of the estimate and cost of materials of the works executed or proposed to be executed in the Panchayat area. (5) The annual statement of accounts of the preceeding financial year, the last audit note and replies thereto and the panchayat jamabandi report and action taken thereto shall be placed by the Grama Panchayat for the consideration of the Grama Sabha in its meeting. The views, recommendations or suggestions of the Grama Sabha shall be communicated to the Grama Panchayat. The Grama Panchayat shall give due consideration to the views, recommendations and suggestions of the Grama Sabha. (6) The procedure for convening and conducting the meeting of the Grama Sabha shall be such as may be prescribed. (7) Every meeting of a Grama Sabha shall be presided over by the Adhyaksha of the concerned Grama Panchayat and in his absence by the Upadhyaksha and in the absence of both Adhyaksha and Upadhyaksha, by any member of the Grama Panchayat nominated by it. (8) The officers of the Grama Panchayat shall attend the meetings of the Grama Sabha as may be required by the Adhyaksha and an officer specifically nominated by the Grama Panchayat as convener of the Grama Sabha meeting shall assist in convening and conducting its meetings and recording its decisions in a minute book and also in taking follow up action thereon. (9) The Grama Sabha may constitute sub-committees consisting of not less than ten members of whom not less than half shall be women, for in-depth discussion on issues and programmes for effective implementation of decisions of the Grama Sabha and in furtherance of exercise of powers and discharge of functions of Grama Sabha.(10) All resolutions in respect of any issue in the meetings of the Grama Sabha shall be passed by the majority of the members present and voting."