article 58
Functions of Grama Panchayat.
The Karnataka Gram Swaraj and Panchayat Raj Act, 1993Chapter IV FUNCTIONS, DUTIES AND POWERS OF GRAMA PANCHAYAT ADHYAKSHA AND UPADHYAKSHA
58. Functions of Grama Panchayat. - 1[(1) The Grama Panchayat shall perform the functions specified in Schedule I: 1. Sectio n 1 and 1A substituted by Act 29 of 1997 w.e.f. 20.10.1997. Provided that where the State Government or Central Government provide funds for the performance of any function specified in Schedule I, the Grama Panchayat shall perform such function in accord ance with the guidelines or norms laid down for performing such function. (1A) Notwithstanding anything contained in sub -section (1) and Schedule I, it shall be obligatory on the part of a Grama Panchayat in so far as the Grama Panchayat fund at its disposal will allow, to make reasonable provision within the panchayat area in regard to the following matters, namely: - (i) providing sanitary latrines to not less than ten per cent of the households every year and achieve full coverage as early as possible ; 2[(i-a) providing sanitary latrines to all new house constructed every year”; and]2 (ii) constructing adequate number of community latrines for the use of men and women and maintaining them; (iii) maintaining water supply works either on its own o r by annual contract by generating adequate resources; (iv) revising and collecting taxes, rates and fees periodically which are leviable under (v) ensuring universal enrollment of children in primary school; (vi) achieving universal immunis ation of children; (vii) ensuring prompt registration and reporting of births and deaths; (viii) providing sanitation and proper drainage; (ix) construction, repair and maintenance of public streets; (x) removing encroachments on public streets or public places; (xi) providing adequate number of street lights and paying electricity charges regularly; (xii) filling -up insanitary depressions and reclaiming unhealthy localities; (xiii) destruction of rabid 3[and to conduct animal birth control me asures to control the number of street dogs, ownerless dogs ]3 (xiv) maintenance of all community assets vested in it; (xv) maintenance of records relating to population census crop census, cattle census, census of unemployed persons and persons below p overty line; (xvi) earmarking places away from the dwelling houses for dumping refuse and manure.]1 1[(xvii) protecting the biodiversity]1 70 (2) The Grama Panchayat may also make provision for carrying out within the panchayat area any other work or measure which is likely to promote the health, safety, educati on, comfort, convenience or social or economic well being of the inhabitants of the panchayat area. (3) The Grama Panchayat may, by a resolution, passed at its meeting and supported by two -thirds of its total number of members 1[x x x]1 (a) make provision for or make contribution towards, any exhibition, conference or seminar within or outside the panchayat area but within the district; or (b) make contribution to any medical, educational or charitable in stitutions or any other institutions of public utility, within the panchayat area which are registered under the Karnataka Societies Registration Act, 1961, Karnataka Co -operative Societies Act, 1959 or under any other law for the time being in force. 1[(4) The Gram Panchayat shall be an institution of local self Government and the state shall, subject to availability of funds, endow the Gram Panchayat with the powers, authority, functions, functionaries and funds as may be necessary to enable them to func tion as institutions of local self -Government. (5) It shall be the duty of every Gram Panchayat, to meet the needs of people of the panchayat area and shall have powers to administer the matters enumerated in schedule I and also as elaborated in the respo nsibility map in respect of Gram Panchayats and to prepare and implement schemes for economic, social, cultural development for the realisation of social justice for all, subject to the availability of the Gram Panchayat fund at its disposal to make reason able provision within the panchayat area in regard to the following matters, namely: – (i) to ensure an environment that is safe and congenial for all citizens to exercise their rights in an atmosphere of freedom and liberty and to act on measures suggeste d by the respective Habitation sabha, Ward Sabha and Gram Sabhas to protect its people against every form of abuse and exploitation; (ii) to act against hazards identified by the Habitation Sabha, ward Sabha and Gram Sabhas and to implement measures for t he safety, security and freedom of all person residing in the panchayat; (iii) to protect the rights and interests of the disenfranchised and the people belonging to the vulnerable sections of society and also to monitor and prevent practices that tend to violate their rights and to take all measures at their command to safeguard the dignity and freedom of the individual; (iv) to make efforts to prevent the economic, social, religious or sexual exploitation of any citizen of the panchayat by any individua l or group or establishment; (v) to promote communal harmony and unity among all groups of people. (vi) to ensure that all functions, meetings and dealings of the Gram Panchayat including meetings of the habitation sabha, ward Sabha and Gram Sabhas are he ld in an environment that is congenial for the free and active participation of women and the weaker sections and to maintain an environment that is conducive to the participation of women, the scheduled castes and scheduled tribes and the backward classes in every office of a panchayat; (vii) to identify the capacity building needs of the elected members and the staff of the panchayat, identify appropriate resource persons and ensure that their capacity is strengthened if necessary with the assistance of t he Taluk and zilla panchayat; 71 (viii) to ensure that the office of all Panchayats and public buildings under its management and control have ramps for the physically disabled; (ix) to provide for a baby care centre or crèche in the building or complex withi n the panchayat area as may be required; (x) to organise and promote cultural festivals, literary activities and sports meets to nurture and promote physical education and the art and culture of the area and give expression to the talents of the people of the panchayat and to equip them with the skills to manage the affairs of the panchayat in accordance with the Act and rules; (xi) to promote programmes of adult education, de -addiction and family counseling within the panchayat area; (xii) to promote scien tific processing of cowdung pits and agricultural waste; (xiii) to spread awareness on issues of water conservation, preservation of natural habitat and recycling of bio degradable waste; (xiv) to promote economic development of all with a special focus on women, youth, scheduled castes and scheduled tribes, backward classes and weaker sections through the promotion of agriculture, village industries, small enterprises and cooperatives; (xv) to promote cooperation among residents and all co -operatives in th e area with a view to enabling economic development and social harmony; (xvi) to facilitate the formation of self -help groups for the social and economic advancement of women, farmers and labourers. (xvii) to report the concerned authorities regarding mone y-lending activities which are in violation of the usurious loans Act and money lending Act to the concerned authorities so as to prevent the exploitation of people in the Panchayat area; (xviii) to plan and design systems for knowledge management and the maintenance of all records including those related to caste wise population census, crop census, cattle census, census of unemployed persons and persons below poverty line; (xix) to be a “front office” for all official requirements of the residents of Gram a Panchayat and attend to their needs either through addressing them if within the purview of the Gram Panchayat or to follow up with other panchayats or Government agencies; (xx) to take steps for disposal of carcasses; and (xxi) to protect and nurture t he bio -diversity of the area; (6) (i) with the assistance of the habitation sabha, ward sabha and Gram Sabhas, the Gram Panchayat shall once in five years collate the plans of the Gram Sabhas reflecting the needs of all residents and the requirements for the development of their areas in order to compile and draw up a forward looking plan called the vision plan; (ii) in order to determine the priority of the economic, social, cultural and environmental development programmes and schemes to be implemented in the area of the Gram Panchayat, the Gram Panchayat shall collate all the plans approved by the Gram Sabhas taking into account the interests of every group constituting the Gram Panchayat for inclusion in the vision plan and the annual development plan s of the Gram Panchayat and this plan shall be placed before the Gram Sabha and forward to the taluk planning and development committee (TPDC) with a copy to the Taluk Panchayat; (iii) the Gram Panchayat shall also make provisions for carrying out any oth er work or programme or take such measures to promote the health, safety, education, comfort, convenience or social or economic well -being of the inhabitants and for the protection of the environment within the panchayat area. (iv) subject to availability of funds and guidelines issued by the Government, plans approved by the Gram Sabhas shall be considered by the Gram Panchayat; (v) to ensure that the priority of economic, social, cultural and environmental development programmes and schemes to be implem ented in the area are based on the “priority ranking” method, the Gram Panchayat shall take into consideration and give due weightage to backwardness of the area, urgency of need of the people within the area, level of impact and coverage. 72 (7) subject to availability of funds, the entrustment of every function to the Grama Panchayat shall result in the vesting of the respective functionaries and funds in the Grama Panchayat ]1 1. Inser ted by Act 44 of 2015 w.e.f. 25.02.2016.
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