Chapter VIII FUNCTIONS, DUTIES AND POWERS OF TALUK PANCHAYAT ADHYAKSHA AND UPADHYAKSHA

FUNCTIONS OF TALUK PANCHAYAT

1[145A. Consolidation and integration of plans. – (1) Subject to availa bility of funds in the Taluk Panchayat, the Taluk Panchayat shall draw up a vision plan and annual development plans, indicating the needs in their order of priority, by consolidating the plans presented by the Gram Panchayats, adding their own requirement s containing the components of the plans and the estimate of funds required and presenting the same to the 117 taluk planning and development committee with a copy to the Zilla Panchayat. The plans of the Gram Panchayats shall not be altered except on availabi lity of funds or guidelines or direction of Government. (2) In determining the priorities of development programmes and schemes to be implemented in the area, the priority ranking method shall be adopted taking into consideration the backwardness of the a rea, urgency of the need, level of impact and the population.

145B. Dangerous quarrying, bore wells, open wells and ponds. – A Taluk Panchayat shall assist the concerned authorities to prevent acts of illegal quarrying, drilling bore wells, excavating open wells or ponds causing nuisance or danger to the inhabitants of the area and to take measures like fencing or filling them to make them secure at the cost of the individual or the person concerned, or from both, as the case may be.

145C. Biodiversity, soc ial forestry and ecology. – A Taluk Panchayat shall assist the Gram Panchayats within the area by providing technical and material support to preserve, protect and nurture, the biodiversity and ecology of the area and plan for social forestry and maintenanc e of multi village solid and liquid waste management plants.

145D. Knowledge management. – Taluk Panchayat shall consolidate, manage and maintain a data base of all relevant socio -economic information and a map of all natural and other resource and asset s within the area and update them periodically to include the information obtained as a result of the surveys and appraisal surveys and the data collection conducted in every Gram Panchayat. ]1 1. Inser ted by Act 44 of 2015 w.e.f. 25.02.2016.

146. Assignm ent of functions. - (1) The Government may assign to a Taluk Panchayat, functions in relation to any matters to which the Executive authority of the Government extends or the functions which have been assigned to the State Government by the Central Governme nt. (2) The Government may, by notification, withdraw or modify the functions assigned under this section.

147. General powers of Taluk Panchayat. - The Taluk Panchayat shall have powers to do all acts necessary for or incidental to, the carrying out o f the functions entrusted or delegated to it and, in particular, and without prejudice to the foregoing powers to exercise all powers specified under this Act.

148. Standing committees. - (1) A Taluk Panchayat shall have the following standing committees, namely, - (a) General Standing Committee; (b) Finance, Audit and Planning Committee; (c) Social Justice Committee. 1[(2) Each standing committee shall consist of such number of members not exceeding six including the Chairman as specified by the Ta luk Panchayat, elected by the members of the Taluk Panchayat from among the elected members. The election of members of standing committee shall be held as soon as may be after every general election of members of Taluk Panchayat or on its reconstitution o r establishment under this Act or immediately before the expiry of the term of office of the members of the standing committee: Provided that the Social Justice Committee shall consist of at least one me mber who is a woman and one member from either the Scheduled Castes or Scheduled Tribes whichever has more number of elected members.]1 118 1[(2A) The term of office of every member of the standing committee shall, save as otherwise provided in this Act, be twenty months from the date of his election or till he ceases to be a member of the Taluk Panchayat, whichever is earlier.]1 1[(3) The Adhyaksha shall be the ex-officio member and Chairman of the Finance, Audit and Planning Committee. The Upadhyaksha shall be the ex officio member and Chairman of the General Standing Committee. The other standing Committees shall elect the Chairman from among the members.]1 (4) No elected member of the Taluk Panchayat shall be eligible to serve on more than one standing committee. (5) The Executive Officer shall be the ex-officio Secretary of every standing committee.

149. Functions of the standing committees .- (1) The General Standing Committee shall perform functions relating to the establishment matters, communications, buildings, rural housing, village extensions, relief against natural calamities, water supply and all miscellaneous residuary matters. (2) The Finan ce, Audit and Planning Committee shall perform the functions relating to the finance of the Taluk Panchayat, framing of budgets, scrutinising proposals for increase of revenue, examinations of receipts and expenditure statement, consideration of all propos als affecting the finances of the Taluk Panchayat and general supervision of the revenue and expenditure of the Taluk Panchayat and co -operation, small savings scheme and any other function relating to the development plan of the Taluk. (3) The Social Jus tice Committee shall perform functions relating to, - (a) promotion of education, economic, social, cultural and other interests of the Scheduled Castes and Scheduled Tribes and Backward Classes; (b) protecting them from social injustice and all other f orms of exploitation; (c) amelioration of the Scheduled Castes and Scheduled Tribes and Backward Classes; (d) securing social justice to the Scheduled Castes and Scheduled Tribes, women and other weaker sections of the society. (4) The standing commit tee shall perform the functions referred to above to the extent the powers are delegated to them by the Taluk Panchayat.

150. Procedure of committees. - (1) Taluk Panchayat may frame regulations relating to election of members of committees conduct of bus iness therein and all other matters relating to them. (2) The Chairman of every committee shall in respect of the work of the committee be entitled to call for any information, return, statement, account or report from the office of the Taluk Panchayat an d to enter on and inspect any immoveable property of the Taluk Panchayat or work in progress connected with the work of the committee . (3) Each committee shall be entitled to require attendance at its meetings any officer of the Taluk Panchayat who is co nnected with the work of the committee. The Secretary shall under instruction of the Committee, issue notices and secure the attendance of the officer. 119

151. Delegation of powers. - The Taluk Panchayat may, by notification delegate to the Executive Officer or other officer any of the powers conferred by or under this Act on Taluk Panchayat.

152. Powers and duties of the Adhyaksha. - 1[The Adhyaksha shall be the Executive head of the Taluk Panchayat and shall]1,- (a) convene, preside at and conduct meetings of the Taluk Panchayat; (b) discharge all duties imposed and exercise all the powers conferred on him under this Act and the rules made thereunder and perform such functions entrusted to him by the Gove rnment from time to time; 1[(c) exercise supervision and control over the Executive Officer for securing implementation of resolutions or decisions of the Taluk Panchayat or of the Standing Committees which are not inconsistent with the provisions of thi s Act or any general or specific directions issued under this Act]1 (d) exercise overall supervision 1[and control]1 over the financial and executive administration o f the Taluk Panchayat and place before the Taluk Panchayat all questions connected therewith which shall appear to him to require its orders and for this purpose may call for records of Taluk Panchayat; and (e) have power to accord sanction upto a total sum of 1[rupees one lakh ]1 in a year for the purpose of providing immediate relief to those who are affected by the natural calamities in the Taluk: Provided that the Adhyaksha shall place at the next meeting of the Taluk Panchayat for its ratification, the details of such sanctions. 1. Substitu ted by Act 44 of 2015 w.e.f. 25.02.2016.

153. Powers and duties of the Upadhyaksha. - The Upadhyaksha of the Taluk Panchayat shall, - (a) exercise the powers and perfo rm the duties of the Adhyaksha, when the Adhyaksha is absent or on leave or is incapacitated from functioning 1[or when the office of Adhyaksha is vacant]1; and (b) in the absence of the Adhyaksha 1[or when t he office of Adhyaksha is vacant]1 preside over the meeting of the Taluk Panchayat.

1[154. Mode of making contracts. – (1) every contract or agreement entered into for execution of works or for supply of goods or services on behalf of the Taluk Panchayat shall be in accordance with this section and the Karnataka transparency in public procurement Act, 1999. (2) The executive officer shall execute the contract or agreements on behalf of the Taluk Panchaya t in respect of matters which he is empowered to carry out under the provisions of any law for the time being in force and such contract or agreement shall be executed up to such amount of value of the contract or agreement as may be prescribed by the Gove rnment]1 1. Substitu ted by Act 44 of 2015 w.e.f. 25.02.2016. 120 CHAPTER IX STAFF OF TALUK PANCH AYAT