Chapter X ZILLA PANCHAYAT

CONSTITUTION OF ZILLA PANCHAYAT

159. Constitution of Zilla Panchayat. - (1) Every Zilla Panchayat shall consist of, - (i) the elected members as determined under section 160; (ii) the members of the House of People and the members of the State Legislative Assembly representing a part or whole of the district who se constituencies lie within the district; (iii) the members of the Council of State and the members of the State Legislative Council who are registered as electors within the district; and (iv) the Adhyakshas of Taluk Panchayats in the district. 1[(2) The members of the House of People, the State Legislative Assembly, the Council of States and the Legislative Council and the Adhyaksha of Taluk Panchayat referred to in clauses (ii), (iii) and (iv) of sub -section (1) shall be entitled to take part in t he proceedings of, and vote at, the meetings of Zilla Panchayat except at a special meeting convened for the purpose of election of Adhyakshas and Upadhyakshas under sub -section (1) of section 177 or for considering a no confidence motion under sub -section (3) of section 179.]1 (3) Notwithstanding anything contained in this section or sections 160, 161, and 162 but subject to any general or special orders of the Government, where two -thirds of the total number of members of any Zilla Panchayat required to be elected, have been elected, the Zilla Panchayat shall be deemed to have been duly constituted under this Act.

1[160. Elected members. - The elected members of the Zilla Panchayat shall consist of 9[5[not less than twenty five]5 member s]9 elected from the Taluks in the district, the number of members to be elected from each Taluk 2[being fixed by the 3[Government]3]2 in accordance with the scale of one member for 6[for every population between thirty fi ve thousand and forty-five thousand ]6 or part thereof of the population : 8[4[Provided that, in case of 11[Shivamogga (excluding Bhadravati, Shivamogga and Shikaripura Taluks), ]11 Chikkamagalur (excluding Tarikere, Kaduru, Ajjampura Taluks) Uttara Kanna da 12[XXX]12 Districts it shall be one member for every rural population between eighteen thousand to twenty five thousand or part thereof 13[and in case of Kodagu district , there shall be one member for every eighteen thousand or part thereof of rural population ]1]4]8]13 10[Provided further that, in case of a district having rural population of more than seven lakhs but not more than nine lakhs fifty thousand there shall be twenty eight elected members.]10 123 6. Substitut ed by Act 44 of 2015 w.e.f. 25.02.2016. 8. Substi tuted by Act 19 of 2022 w.e.f.05 .04.2022.

161. Determination of elected members after census. - Upon the publication of the figures of each census, the number of elected members of a Zilla Panchayat 1[shall be determined by the 2[3[Government based on the recommendation of the Karnataka Panchayat Raj Delimitation Commission]3]2]1 on the basis of the population of the district as ascertained at that census: Provided that the determination of the number as aforesaid shall not affect the then composition of the Zilla Panchayat until the expiry of the term of office of the elected members then in office.

162. Reservation of seats. - (1) Seats 1[shall be reserved by the 2[3[Government]3]2]1 in the Zilla Panchayat, - (a) for Scheduled Castes; and (b) for the Scheduled Tribes; and number of seats so reserved shall bear, as nearly as ma -y be, the same proportion to the total number of seats to be filled by direct election in the Zilla Panchayat as the population of the Sche duled Castes in the district or of the Scheduled Tribes in the district bears to the total population of the district: 1[Provided that at least one seat each shall be reserved in a Zilla Panchayat for the persons belonging to the Scheduled Castes and the Scheduled tribes.]1 (2) Such number of seats which shall, as nearly as may be one third of the total number of seats in a Zilla Panchayat 1[shall be reserved by the 2[4[Government]4]1]2 for persons belonging to the Backward Classes. 3[But the number of seats reserved for the Backward Classes under this sub -section shall be so determined, that the total number of seats reserved for the Scheduled Castes and the Scheduled Tribes un der sub -section (1) and the Backward Classes under this sub -section shall not exceed fifty per cent of the total number of seats in the Zilla Panchayat.]3 124 1[Provided that out of the seats reserved under this sub -section , eighty per cent of the total number of such seats 2[shall be reserved by the 3[State Election Commission]3]2 for the persons falling under category ‘A’ and the remaining twenty per cent of the seats 2[shall be reserved by the 3[4[Government]4]2]3 for the persons falling under category ‘B’.]1 (3) Not less than 3[fifty percent]3 of the seats reserved for each category of persons belonging to the Scheduled Castes, Scheduled Tribes and Backward Classes and those of the non -reserved seats in the Zilla Panchayat 1[shall be reserved by the 2[5[Government]5]2]1 for women 4[subject to an overall limit of one half rounding of to the next number]4: Provided that the seats reserved under sub -sections (1), (2) and (3) shall be allotted by rotation to different constituencies in the district 1[and such rotation shall be continued for a period of 2[five years]1]2: Provided further that nothing contained in this section shall be deemed to prevent the persons belonging to the Scheduled Castes or Scheduled Tribes or Backward Classes or women for whom seats have been reserved in a Zilla Panchayat from standing for election to the non -reserved seats in such Zilla Panchayat.

163. Delimitation of territorial constituencies. - The 1[2[Government based on the recommendation of the Karnataka P anchayat Raj Delimitation Commission]2]1 shall, by notification, - (a) divide the area within the jurisdiction of every Zilla Panchayat, for the purpose of election to such Zilla Panchayat into as many signal member territorial constituencies as the number of members required to be elected under section 160; (b) determine the extent of each territorial constituency which shall be a Taluk or part of a Taluk ;and 125 1[Provided that the area comprised in a constituency of a Zilla Panchayat determined under section 124, shall not be divided while determining the extent of each territorial constituency ]1 1. Inser ted by Act 44 of 2015 w.e.f. 25.02.2016. 1[(c) determine the territorial constituency 2[XXX]2]1

164. Right to vote. - (1) Every person whose name appears in the electoral roll relating to a constituency sh all subject to the other provisions of this Act, be entitled to vote at any election which takes place in that constituency while the electoral roll remains in force and no person whose name does appear in such electoral roll shall vote at any such electio n. (2) No person shall vote at an election under this Act in more than one constituency or more than once in the same constituency and if he does so, all his votes shall be invalid. 1[(3) It shall be the duty of every person whose name appears in the voters list of a Zilla Panchayat to vote at the election of panchayat and it shall be compulsory. however, he will be free to cast his vote in favour of none of the candidates contesting election as indicated in sub-section (4). (4) If Election Commissio ner makes a suitable provision, the qualified voter shall cast his vote in favour of none of the candidates contesting at the election, in case where he does not want to cast his vote in favour of any candidate. ]1

1[2[165. Electoral roll. - (1) For every Constituency of Zilla Panchayat there shall be an electoral roll which shall be prepared by the Assistant Commissioner, subject to the superintendence, direction and control of the State Election Commissi on. (2) The Electoral roll so prepared shall be revised, modified, updated and published in accordance with the provisions of this Act. (3) A person whose name has been included in the electoral roll of Zilla Panchayat Constituency shall be entitled to vot e in an election to that constituency: Provided that, the electoral roll for such constituency of Zilla Panchayat shall not include any amendment, transposition, inclusion or deletion of entry made after the last date for making nomination for the election to such constituency and before completion of such election.]2]1

166. Qualifications of a candidate. - (1) A person shall not be qualified to be chosen to fill a seat in a Zilla Panchayat unless his name is included in the electoral roll of the Zilla Panchayat for the time being in force in the district. (2) A person shall not be qualified to be chosen from a territorial constituency to fill a seat in a Zil la Panchayat unless in the case of a seat reserved for the Scheduled Castes or Scheduled Tribes or Backward Classes or women such person is a member of those castes or tribes or classes or is a woman. 126

167. Disqualification for members. - (1) A person shal l be disqualified for being chosen and for being member of a Zilla Panchayat, - (a) if he is so disqualified by or under any law for the time being in force for the purposes of the elections to the State Legislature: Provided that no person shall be disq ualified on the ground that he is less than twenty five years, if he has attained the age of twenty -one years. (b) if he has been sentenced by a criminal court to imprisonment for a term exceeding three months in respect of an offence under the Karnataka Excise Act , 1965 (Karnataka Act 21 of 1966), such sentence not having been subsequently reversed or quashed or the offence pardoned; or (c) if an order has been passed against him under section 117 of the Code Of Criminal Procedure, 1973 (Central Act 2 of 1974) in proceedings instituted under section 110 of that code, such order not having been subsequently reversed or quashed ; or (d) if he has been dismissed from service under any local authority; or 2[(d-1) if he has been subject to compulsory re tirement or removal or dismissal from the service of the Central Government or the State Government; or. (d-2) “if he has been subject to compulsory retirement or removal or dismissal from the service of the Co -operative Society and institutions or if, h e has been removed from the post of Chairperson and membership of the Co -operative society and institutions; or]2 (e) if having been a legal or medical practitioner or a chartered accountant has been disenrolled or suspended by order of a competent autho rity, the disqualification in the latter case being operative during the period of such suspension; or (f) if he has been removed from membership of any local authority; or (g) if he holds any office of profit under any local or other authority subject to the control of the Central Government, the State Government or the Government of any other State, other than such office as are declared by rules made under this Act not to disqualify the holder; or Explanation .- For the purpose of this clause a perso n shall not be deemed to hold an office of profit under the Zilla Panchayat, Taluk Panchayat or Grama Panchayat by reason only that he is an Adhyaksha or Upadhyaksha of Zilla Panchayat, Taluk Panchayat or Grama Panchayat. (h) if save as hereinafter provi ded, he has directly or indirectly any share or interest in any work done by order of the Zilla Panchayat or in any contract or employment with or under, or by, or on behalf of, the Zilla Panchayat 1[or if he is either directly or indirectly by himself or by his partner or agent or employee involved in obtaining or execution of any such work or contract on behalf of the Zilla Panchayat or of any contract for the supply of any goods and services to the Zilla Panchayat; or]1 2. Inse rted by Act 19 of 2022 w.e.f. 05 .04.2022. (i) if he employed as a paid legal practitioner on behalf of the Zilla Panchayat or accepts employment as legal practitioner against the Zilla Panchayat; or 1[(j) if he does not have a sa nitary latrine for the use of the members of his family: 2[Provided that nothing in this clause shall apply to a person, if at the time of filing his nomination he gives an undertaking to construct within one year from the date of 127 commencement of his term of office as a member, a sanitary latrine for the use of the members of his family and also complies with such undertaking after becoming a member.]2]1 1[(J-1) If he is disqualified under section 308 C or;]1 1[(k)]1if he is disqualified under the Karnataka Local Authorities (Prohibition of Defection ) Act, 1987; 1. Renumbered by Act 29 of 1997 w.e.f. 20.10.1997. 1[(l) if he is found guilty, directly involved in any act of misuse or abuse of power or authority as member of the panchayat in executing any scheme, plan or project of the panchayat or of misappropriation of funds or other assets of the panch ayat during the term of his membership or while holding any office of panchayat.]1 Provided that, - (a) the disqualification in clause (c) will cease to operate after the expiry of the peri od during which a person is ordered to furnish security; (b) the disqualification in clause (b), (d), or (e) will cease to operate after the expiry of five years from the date of such sentence or dismissal or disenrollment or removal by an order of the Go vernment; (c) the disqualification in clause (f) will cease after the expiry of five years from the date of such removal; 1[(cc) the disqualification under clause (j -1) will cease to operate after the expiry of 2[six years ]2 from the date of order by t he State Election Commission under section 308C.]1 (d) a person shall not be deemed to have incurred disqualification under clause (h) by reason of his, - (i) having a share in any joint stock company or a share or interest in any association registered under the Karnataka Societies Registration Act, 1960 (Karnataka Act 17 of 1960) or in any co -operative society which shall contract with or be employed by or on behalf of the Zilla Panchayat, or (ii) having a share or interest in any newspaper in which any advertisement relating to the affairs of the Zilla Panchayat is inserted, or (iii) holding a debenture or being otherwise concerned in an y loan raised by or on behalf of the Zilla Panchayat. 1[(e) the disqualification under clause ( 1) shall cease to operate after the expiry of six years from the date of the order.]1 1[(2) If a person who is chosen as a member of a Zilla Panchayat is or becomes a member of the House of the People, the Council of States, the State Legislative Assembly or the State Legislative Council, or is or becomes a Municipal Councillor or a Councillor of a 128 Municipal Corporation or a Councillor of a Town Panchayat, or a member of a Taluk Panchayat or a Grama Panchayat then at the expiration of a period of fifteen days from the date of notification of the names of the members under section 172, or as the case may be, within fifteen days from the date of commencement of term of office of a member of the House of the people, the Council of states, the State Legislative Assembly or State Legislative Council or a Municipal Councillor or a Councillor of a Muni cipal Corporation or a Councillor of a Town Panchayat or a member of a Taluk Panchayat or Grama Panchayat, his seat in the Zilla Panchayat shall become vacant unless he has previously resigned his seat in the House of the People, the Council of States, th e State Legislative Assembly or the State Legislative Council or the Municipal Council or the Municipal Corporation or Town Panchayat or Taluk Panchayat or Grama Panchayat as the case may be.]1

168. Vac ancy of Seats. - (1) If any member of a Zilla Panchayat, - (a) is or becomes subject to any of the disqualifications specified in section 167; or (b) votes or takes part as a member in the discussion of any matter in which he has directly or indirectly any such share or interest as is described in sub -clause (i) or (ii) of clause (d) of the proviso to sub -section (1) of section 167; or (c) votes on or takes part in the discussion of any question in contravention of the provision of clause (g) of sub -section (2) of section 180; or 2[XXX]2 his seat shall be deemed to be or to have become, as the case may be, vacant: 2[XXX]2 (2) The 1[State Election Commission]1 on a report made to it and after giving a reasonable opportunity to the person concerned of being heard shall declare whether the seat of the person concerned is or has become vacant.

169. Method of voting and procedure for election. - (1) Every elector shall have as many votes as there are members to be elected. No elector shall give more than one vote to any one candidate. (2) Subject to the provisions of this Act, election to the Zilla Panchayat shall be held by ballot in accordance with such rules as may be prescribed. 1[ 2[XXX]2 ] 1 (3) The provisions of sections 26, 27, 28, 29, 30, 31,1[31A, 31B]1, 32, 33, 34, 35, 36, 37, 38, 39, and 40 shall a pply in respect of elections to Zilla Panchayat as they apply to elections to Grama Panchayats.

170. Prohibition of simultaneous membership. - (1) If a person is elected by more than one Zilla Panchayat co nstituency he shall, by notice in writing signed by him and delivered to the Deputy Commissioner or any other officer, authorised by the Government 129 within the prescribed time, choose any one of the constituencies which he shall serve, and the choice shall be final. (2) If the person does not make the choice referred to in sub -section (1), the Deputy Commissioner or the authorised officer, shall determine by lot and notify the constituency which such person shall serve. (3) Such person shall be deemed to h ave been elected only for the constituency so chosen or notified, as the case may be and the vacancy or vacancies thereby arising in respect of the other constituency or constituencies shall be filled by election.

171. Application of certain sections rel ating to elections. - (1) The provisions of sections 15, 16, 17, 18, 19, 20, 21, 22, 23, and 24 shall apply mutatis mutandis in respect of election to Zilla Panchayat, the application being to the 1[2[designated court ]2 Division)]1 having jurisdiction and t he deposit as security for costs being two thousand rupees. (2) Any person aggrieved by any decision or order of the 1[2[designated court ]2 Division)]1 under this section may, within thirty days from the date of such decision or order appeal to the Dis trict Judge and the decision of the District Judge on such appeal shall be final. 2. Substitu ted by Act 44 of 2015 w.e.f. 25.02.2016.

172. Publication of names of members. - The names of members elected to any Zilla Panchayat shall be 1[reported to the Government which shall notify the names]1 in the Official Gazette.

173. Term of office of members. - (1) Except as is otherwise provided in this Act, member s of a Zilla Panchayat elected at a general election shall hold office for a term of five years. (2) The term of office of the member elected at a general election shall commence on the date appointed for the first meeting of the Zilla Panchayat. (3) The term of office of a member elected to fill a casual vacancy shall commence on the date of publication of his name under section 172.

174. Resignation of members. - A member of a Zilla Panchayat may resign his membership in writing under his hand address ed to the Adhyaksha of the Zilla Panchayat and his seat shall become vacant on the expiry of fifteen clear days from the date of such resignation unless within the said period of fifteen days, he withdraws such resignation by writing under his hand address ed to the Adhyaksha.1[The Adhyaksha shall cause the letter of resignation to be laid in the next meeting of the Zilla Panchayat.]1

1[175. Removal of members, – (1) The Government 2[or an authority authorized by the Government in this behalf]2 if it thinks fit on the recommendation of zilla panchayat, may remove any member after giving him opportunity of being heard and after such enquiry as deems necessary, – (i) if he has been guilty of misconduct in the discharg e of duties or of any disgraceful conduct; (ii) become incapable of performing duties as a member or persistently remiss in performing duties; (a) on being medically unfit to hold the post as may be certified by the district surgeon; 130 (b) as a result of insol vency or of unsound mind, (iii) has failed to attend four consecutive meetings of the panchayat and in the case or an Adhyaksha or Upadhyaksha, failed to convene two consecutive meetings which were either due or were necessary; or 2[Provided that where an appl ication is made by a member to the Zilla Panchayat for leave of absence to himself and Zilla Panchayat fails to inform the applicant of its decision on the application within a period of seven days from the date of the application, the leave applied for sh all be deemed to have been granted by the Zilla Panchayat.]2 (iv) if the member, by coercion or fraud entice any voter or member of Gram Panchayat or Taluk Panchayat or Zilla Panchayat as the case may be, to trade the post of member or Adhyaksha or Upadhyaksha Gram Panchayat or Taluk Panchayat or Zilla Panchayat as the case may be during election for a consideration; (v) in the execution of any work of the panchayat, contractual or otherwise found involved directly with any person who is a nearest relative in the f amily or otherwise associated in any transaction related to such work as a partner, employee or a member on the Committee of such organisation, or otherwise. [if a former Adhyaksha or Upadhyaksha or member of Zilla Panchayat has been accused and proved gu ilty for misconduct or misappropriation in an enquiry. ] 2[(vi) if a former Adhyaksha or Upadhyaksha or member of Zilla Panchayat has been accused and proved guilty for misconduct or misappropriation in an enquiry. ]2 Explanation: For the purpose of this sec tion, nearest relative in the family means, - (a) the wife or husband of a person residing with her or him; (b) son or daughter or step -son or step -daughter; (c) any other person related, whether by blood or marriage who is wholly dependent on such p erson; (2) An Adhyaksha or Upadhyaksha or member so removed shall cease to function in office and shall be disqualified under section 12, 124 and 167 of the Act, for a period of five years ]1 1. Substitu ted by Act 44 of 2015 w.e.f. 25.02.2016.

2[1[175A. Members to declare assets and liabilities, – (1) Every member shall within three months from the date of commencement of his term of office and until the expiry of his term in every calen dar year, and within one month of the end of the financial year, file a declaration of the movable and immovable assets and liabilities of more than two lakhs owned by him and by all the members of his joint family in the form as may be prescribed before t he State Election Commission through the chief executive officer of concerned Zilla Panchayat: Provided that, where the term of a member commences before two months of the end of the financial year such member may file his declaration within two months aft er the commencement of the following financial year. (2) The Chief executive officer of the concerned Zilla Panchayatshall receive the declarations filed by all the members and forward the same to the State Election Commission in the first week of May of that year and, in the case of late submissions, in the first week of July of the year, with a statement of members who have filed and who have not filed the declaration. (3) A member, who after filing a declaration under sub -section (1), acquires disposes of any property or incurrs any liability shall file a further declaration to that effect before the state election commission through the chief executive officer of the panchayat, within forty -five days from the date of such acquisition or disposal, as th e case may be, and the chief executive officer shall follow the same procedure as in sub -section (1). 131

175B. Cessation of Membership. - (1) If the member does not file the declaration or the declaration is found to be false, under section 175A shall be deemed to have committed guilty of misconduct the state election commission shall after giving an opportunity of hearing, remove him from membership and declare his seat vacant. (2) if the member is representative of recognized political party has avoi ded to receive notice of whip issued by his party or has at any meeting refused to vote or has voted in violation of the whip issued by his party, the State Election Commission shall remove him from membership and declare his seat vacant. ]1]2

176. Casual vacancy. - A casual vacancy of a member of a Zilla Panchayat shall be filled up, as soon as conveniently may be, by the election of a person thereto who shall h old office so long only as the member in whose place he is elected could have held office if the vacancy had not occurred.

177. Election of Adhyaksha, Upadhyaksha and term of office. - (1) The elected members of the Zilla Panchayat referred to in clause ( i) of sub -section (1) of section 159 shall 1[2[within one month from the date of publication of names of members under section 172]2, after every general election of member of Zilla Panchayat or on its reconstitution or establishment under this Act or imm ediately before the expiry of term of office of Adhyaksha and Upadhyaksha]1 choose two member from amongst them to be respectively Adhyaksha and Upadhyaksha thereof, and so often as there is a casual vacancy in the office of Adhyaksha and Upadhyaksha they shall choose another member from amongst them to be Adhyaksha or Upadhyaksha, as the case may be: Provided that no election shall be held if the vacancy is for a period of less than one month. (2) There shall be reserved by the 1[Government]1, in the prescribed manner, - (a) Such number of offices of Adhyaksha and Upadhyaksha of Zilla Panchayat in the State for the persons belonging to the Scheduled Castes and Scheduled Tribes and the number of such offices bearing as nearly as may be the same proportion to the total number of offices in the State as the population of the Scheduled Castes in the State or of the Scheduled Tribe in the State bear to the total population of the State; 1[Proviso x x x]1 (b) such number of offices of Adhyaksha and Upadhyaksha in the State which shall as nearly as may be one -third of the total number of offices of Adhyaksha and Upadhyaksha in the State, for the persons belonging to the Backward Classes: 1[But the number of offices of Adhyaksha and Upadhyaksha reserved for the Backward Classes under this clause shall be so det ermined, that the total number of offices of Adhyaksha and Upadhyaksha reserved for the Scheduled Castes and the Scheduled Tribes under clause (a) and the Backward Classes under this clause shall not exceed fifty per cent of the total number of offices of Adhyaksha and Upadhyaksha of the Zilla Panchayaths in the State.]1 132 1[Provided that out of the offices reserved under this clause, eighty per cent of the total number of such offices shall be reserved f or the persons falling under category ‘A’ and the remaining twenty per cent of the offices shall be reserved for the persons falling under category ‘B’ ;]1 (c) not less than 1[fifty percent]1 of the tota l number of offices of Adhyaksha and Upadhyaksha in the State from each categories reserved for person belonging to the Scheduled Castes, Scheduled Tribes and Backward Classes and those which are non - reserved, for women 2[subject to an overall limit of one half rounding of to the next number ]2: Provided that the offices reserved under this section shall be allotted by rotation to different Zilla Panchayats. 3[Provided further that the duration of the offices reserved under this sub-section shall be for thirty months”; ]3 Explanation .- For the removal of doubts it is hereby declared that the principle of rotation for the purposes of reservation of offices under this sub -section shall commence from the first ordinary election to be held after the commenc ement of the Karnataka Panchayat Raj Act, 1993. 2[1[(3) The term of office of every Adhyaksha and every Upadhyaksha of Zilla Panchayat shall, save as otherwise provided in the Act, be 3[thirty months]3 from the date of his election or till he ceases to be a Member of Zilla Panchayat, whichever is earlier. ]1]2 1[Provided that the member who is elected as Adhyaksha or Upadhyaksha to fill the casual vacancy in the office of Adhyaksha or Up adhyaksha shall hold office for the remainder of the period for which the Adhyaksha or Upadkyaksha in whose place he has been elected would have held office if the vacancy had not occured.]1 (4) The election of the Adhyaksha or the Upadhyaksha of a Zilla Panchayat and, filling up of vacancies in the said offices and the determination of disputes relating to such election shall be in accordance with such rules as may be prescribed: Provided that the authority to determine such election disputes shall be the District Judge having Jurisdiction.

178. Salary and allowances to the Adhyaksha and Upadhyaksha and other members. - (1) The salary and allowances of Adhyaksha and Upadhyaksha shall be as prescribed. 1[Provided that Adhyaksha of a Zilla Panchayatshall have the status of a minister of state and shall be entitled to receive such salary or other emoluments as may be prescribed. ]1 1. Inser ted by Act 44 of 2015 w.e.f. 25.02.2016. 133 (2) Every member of the Zi lla Panchayat other than the Adhyaksha and the Upadhyaksha shall be entitled to receive such sitting fee and allowances, as may be prescribed.

179. Resignation or removal of Adhyaksha and Upadhyaksha. - (1) A member holding office as Adhyaksha of Zilla Panchayat may resign his office at any time by writing under his hand addressed to the 1[Government]1 and the Upadhyaksha of Zilla Panchayat may resign his office at any time by writing under his hand addressed to the Adhyaksha and in the absence of Adhyak sha to the 1[Government]1 and the office shall become vacant on the expiry of fifteen days from the date of such resignation unless within the said period of fifteen days he withdraws such resignation by writing under his hand addressed to the 1[Government ]1 or the Adhyaksha, as the case may be. (2) Every Adhyaksha or Upadhyaksha of Zilla Panchayat shall vacate office if he ceases to be a member of the Zilla Panchayat. (3) 3[Subject to such rules as may be prescribed]3 every Adhyaksha and every Upadhyaksha of Zilla Panchayat shall be deemed to have vacated his office forthwith if a resolution expressing want of confidence in him is passed 2[after a notice is given by one half of the elected members and p assed by majority of two thirds of total elected members ]2 1[Provided that no resolution expressing want of confidence in an Adhyaksha or Upadhyaksha shall be made within 4[2[fifteen months]2]4 from the date of his election: Provided further that where a resolution expressing want of confidence in any Adhyaksha or Upadhyaksha has been considered and negatived by the Zilla Panchayat, a similar resolution in respect of the same Adhyaksha or Upadhyaksha shall not be given notice of, or moved, within 4[2[six months]2]4 from the date of the decision of the Zilla Panchayat.]1 (4) Every Adhyaksha and Upadhyaksha of the Zilla Panchayat shall, after an opportunity is afforded for hearing him, be removable from his office as Adhyaksha or Upadhyaksha by the Government for misconduct in the d ischarge of his duties, or for being persistently remiss in the discharge of his duties and an Adhyaksha or Upadhyaksha so removed who does not cease to be a member under sub -section (2) shall not be eligible for re -election as Adhyaksha or Upadhyaksha dur ing the remaining term of office as member of such Zilla Panchayat. (5) An Adhyaksha or Upadhyaksha removed from his office under sub -section (4) may also be removed by the Government from membership of the Zilla Panchayat. 1[(6) Where the offices of bo th Adhyaksha and Upadhyaksha are vacant, the Chairman of the Standing Committee on Social Justice shall exercise the powers and perform the duties of the Adhyaksha until the Adhyaksha or Upadhyaksha is duly elected.]1

180. Meetings of Zilla Panchayat. - (1) A Zilla Panchayat shall hold a meeting for the transaction of business at least once in two months (hereinafter in this section referred to as the ordinary meeting) and shall subject to the provisions o f the following sub -sections, make 134 regulations not inconsistent with this Act, or with any rules made thereunder with respect to the day, hour, notice, management and adjournment of its meetings and generally with respect to the transaction of business the reto. Every meeting of the Zilla Panchayat shall ordinarily be held at the headquarters of the Zilla Panchayat. (2) (a) The date of the first meeting of the Zilla Panchayat after the first constitution or reconstitution, 1[or the date of subsequent meetin g for the purpose of election of Adhyaksha or Upadhyaksha as the case may be]1 shall be fixed by the Commissioner who shall preside at such meeting 2[the date of each subsequent ordinary meeting shall be decided by the Adhyaksha and he shall inform the same at the immediately preceding meeting]2 of the Zilla Panchayat, provided that the Adhyaksha of Zilla Panchayat may for sufficient reasons, alter the date of the meeting to a subsequent date. The Adhyaksha may, whenever he thinks fit and shall, upon the written request of not less than one -third of the total number of members and on a date within fifteen days from the receipt of such request, call a special meeting. Such request shall specify the object for which the meeting is proposed to be called. If the Adhyaksha fails to call a special meeting, the Upadhyaksha or one -third of the total number of members of the Zilla Panchayat may call the special meeting for a day not more than fifteen days after presentation of such request and require the Chief Exe cutive Officer to give notice to the members and to take such action as may be necessary to convene the meeting. . 2. Substituted by Act 37 of 2017 w.e.f. 12. 07.2017. (b) Ten clear day's notice of an or dinary meeting and seven clear day's notice of a special meeting specifying the time at which such meeting is to be held and the business to be transacted thereat, shall be sent to the members and pasted up at the office of the Zilla Panchayat. Such notice shall include in the case of a special meeting any motion or proposition mentioned in the written request made for such meeting. (c) 1[One -half]1 of the total number of members of the Zilla Panchayat shall form a quorum for transacting business at a mee ting of the Zilla Panchayat. If at the time appointed for the meeting a quorum is not present, the person presiding shall, wait for thirty minutes and if within such period there is a quorum proceed with the meeting; but if within such period there is no q uorum the person presiding shall adjourn the meeting to such hour on some future day as he may fix. He shall similarly adjourn the meeting at any time after it has begun if his attention is drawn to the want of a quorum. At such adjourned meetings at which there is quorum the business which would have been brought before the original meeting shall be transacted. (d) Every meeting shall be open to the public unless the presiding authority considers that any enquiry or deliberation pending before the Zilla Panchayat should be held in camera and the said authority may at any time cause any person who interrupts the proceedings to be removed. (e) Every meeting shall be presided over by the Adhyaksha or if he is absent, 1[or if the office of Adhyaksha is vacant]1 by the Upadhyaksha and if both the Adhyaksha and Upadhyaksha are absent 1[or if the offices of both Adhyaksha and Upadhyaksha are vacant]1 or if the Adhyaksha is absent and there is no Upadhyaksha , the members present shall elect one from among themselves to preside. 135 (f) All questions shall, unless otherwise specially provided be decided by a majority of votes of the members present and voting. The presiding member, unless he refrains from voting, shall give vote before declaring the number of votes, for and against a question and in case of equality of votes he may give his casting vote. (g) No member of a Zilla Panchayat shall vote on, or take p art in the discussion of, any question coming up for consideration at a meeting of the Zilla Panchayat or any committee, if the question is one in which apart from its general application to the public he has any pecuniary interest. 1[It shall be the duty of every member of a Zilla Panchayat to disclose to the Zilla Panchayat any pecuniary interest that he has, direct or indirect, on any question coming up for consideration at a meeting of a Zilla Panchayat]1 (h) If the person presiding is believed by any member present at the meeting to have any such pecuniary interest in any matter under discussion, and if a motion to that effect be carried, he shall not preside at the meting during such discussion, or vo te on, or take part in it. Any member of the Zilla Panchayat may be chosen to preside at the meeting during the continuance of such discussion. (i) No proposition shall be discussed at any ordinary meeting unless it has been entered in the notice conven ing such meeting or in the case of a special meeting, in the written request for such meeting. A member may propose any resolution connected with or incidental to the subjects in the list of business. The Adhyaksha may propose any urgent subject of a routi ne nature not included in the list of business if no member objects to it. No permission shall be given in the case of a motion or proposition to modify or cancel any resolution within 1[six months]1 after the passing thereof except in accordance with clau se (k). The order in which any business or proposition shall be brought forward at such meeting shall be determined by the presiding authority who in case it is proposed by any member to give priority to any particular item of such business or to any parti cular proposition, shall put the proposal to the meeting and be guided by the majority of votes given for or against the proposal. (j) Any ordinary meeting may, with the consent of a majority of the m embers present be adjourned from time to time, but no business shall be transacted at any adjourned meeting other than that left undisposed at the meeting from which the adjournment took place. (k) No resolution of the Zilla Panchayat shall be modified o r cancelled within six months after the passing thereof except by a resolution passed by not less than one -half of the total number of members at an ordinary or special meeting, any notice whereof shall have been given fulfilling the requirements of clause (b) and setting forth fully the resolution which it is proposed to modify fully or cancel at such meeting and motion or proposition for the modification or cancellation of such resolution. (3) The proceedings of every meeting shall be recorded in the min ute book immediately after the deliberations of the meeting and shall after being read over by the Chairman of the meeting be signed by him. The action taken on the decisions of the Zilla Panchayat shall be reported at the next meeting of the Zilla Panchay at. The minute book shall at all reasonable times be open to inspection by any member of the Zilla Panchayat. The Minute Book shall always be kept in the office of the Zilla Panchayat and it shall be in the custody of the Chief Executive Officer. 1[A copy of the proceedings shall be displayed on the notice board of the 136 Zilla Panchayat within three days from the date of meeting along with the details of the names of the members voting respectively for or against the resolutions passed in the meeting.]1 (4) A copy of every resolution passed by a Zilla Panchayat at a meeting shall, within ten days from the date of meeting, be forwarded to the 1[Government]1 2[and copies of the minutes of the meeting shall be fu rnished to all members.]2 (5) During any vacancy in a Zilla Panchayat or any committee thereof, the continuing members may act as if no vacancy had occ urred. 2[1[(6) The Regional Commissioner or any other equivalent officer authorized by the Government shall preside over the meeting in which no confidence motion against to Adhyaksha or upadhyaksha is being considered. ]1]2

181. Interpellations and resolutions. - (1) A member of Zilla Panchayat may move resolutions and interpellate the Adhyaksha of Zilla Panchayat on matters connected with t he administration of the Zilla Panchayat, subject to such regulations as may be made by the Zilla Panchayat. (2) A member of the Zilla Panchayat may also call the attention of the Adhyaksha to any neglect in the execution of the work of the Zilla Panchaya t, to any waste of property belonging to the Zilla Panchayat or to the wants of any locality within the district and may suggest any improvements which may appear desirable.

Government committee or company or corporation as may be notified by Government at meetings

183. Validity of proceedings. - (1) No disqualification or defect in the election or appointment of any person acting as member or as the Adhyaksha of Zilla Panchayat or presiding authority of a special or general meeting or a Chairman or memb er of committee appointed under this Act, shall be deemed to vitiate any act or proceeding of the Zilla Panchayat or of any such committee, as the case may be, in which such person has taken part, whenever the majority who were parties to such act or proce edings, were entitled to act. 137 (2) No resolution of a Zilla Panchayat or of any committee appointed under this Act shall be deemed invalid on account of any irregularity in the service of notice upon any member provided that the proceedings of the Zilla P anchayat or committee, were not prejudicially affected by such irregularity. (3) Until the contrary is proved every meeting of a Zilla Panchayat or of a committee appointed under this Act, in respect of proceedings whereof a minute has been made and signe d in accordance with this Act, shall be deemed to have been duly convened and held and all the members of the meeting shall be deemed to have been duly qualified and where the proceedings are the proceedings of a committee, such committee shall be deemed t o have been duly constituted and to have had the power to deal with the matters referred to in the minute. (4) During any vacancy in a Zilla Panchayat or committee the continuing member or members may act as if no vacancy has occurred. CHAPTER XI FUNCTIO NS, DUTIES AND POWERS O F ZILLA PANCHAYAT , ADHYAKSHA AND UPADH YAKSHA