Chapter XVI Chapter XVI

Administration, inspection, supervision, and creation of commissionerrate of Gram Swaraj and Panchayat Raj

1[232A. Constitution of Commissionerrate of Panchayat Raj. - The Government may constitute a separate commissionerrate of panchayat raj services to facilitate smooth functioning of Panchayat Raj institutions. The powers, functions and duties and the number, category of posts, method of recruitment and minimum qualification, shall be such as may be prescribed. 232B Constitution of the Karnataka Panchayat Administrativ e Service, – The Government shall constitute a Karnataka panchayat administrative service consisting of such category of posts from the rural development and panchayat raj department, the number of posts, scale of pay, method of recruitment and minimum qu alifications shall be such as may be prescribed ]1 1. Inser ted by Act 44 of 2015 w.e.f. 25.02.2016. 158

233. Technical supervision and inspections. - (1) The Heads of Departments concerned and the officers incharge of the Departments at the Divisional level 1[may with a view to ensure quality of implementation according to the technical and financial norms contained in the respective schemes or orders, inspect]1 works or development schemes relating to that department under the control of any Zilla Panchayat, Taluk Panchayat or Grama Panchayat and also to inspect relevant documents pertaining to such work or development schemes in the manner specified by the Government. (2) The scope of such inspections ma y cover technical aspects including feasibility, economic viability, the technical quality of the work, and the expenditure being incurred. (3) The notes of inspections by such officers after such inspections shall be forwarded to the Chief Executive Offi cer, Executive Officer or the Secretary, as the case may be, for appropriate action. 1[(4) The Zilla Panchayat, Taluk Panchayat or Grama Panchayat concerned shall take follow -up action on the report of the inspecting officer within thirty days from the d ate of receipt of such report and failure to take such action may be construed as “default in the performance of the duty” for the purpose of section 268.]1

Panchayat and Zilla Panchayat.

duties in default of Grama Panchayat, Taluk Panchayat or Zilla Panchayat.

Government.

237. Power of suspending execution of unlawful orders or resolution. - (1) If in the opinion of the 1[Adhyaksha of Taluk Panchayat]1, the execution of any order or resolution of a Grama Panchayat or any order of any authority or officer of the Grama Panchayat or the doing of anything which is about to be done, or is being done, by or on behalf of a Grama Panchayat 2[other than law full resolutions and decisions taken by the author ities specified in section 64, 70, 113 and 269 of this Act]2 is unjust,, unlawful or improper or is causing or is likely to cause injury or annoyance to the public or to lead to a breach of peace, he may by order suspend the execution or prohibit the doing thereof. (2) When the 1[Adhyaksha of Taluk Panchayat]1 makes an order under sub -section (1), he shall forthwith forward to the 1[Adhyaksha of the Zilla Panchayat]1 and the Grama Panchayat affected thereby a copy of the order with a statement of the reasons for making it, and the 1[Adhyaksha of the Zilla Panchayat]1 may confirm or rescind the order or direct that it shall continue t o be in force with or without modification permanently or for such period as he thinks fit: Provided that no order of the 1[Adhyaksha of Taluk Panchayat]1 passed under sub - section (1) shall be confirm ed, revised or modified by the 1[Adhyaksha of the Zilla Panchayat]1 without giving the Grama Panchayat concerned a reasonable opportunity of showing cause against the proposed order. (3) If in the opi nion of the 1[Adhyaksha of the Zilla Panchayat]1, the execution of any order or resolution of a Taluk Panchayat or any order of any authority or officer of the Taluk Panchayat or the doing of anything which is about to be done, or is being done, by or on behalf of a Taluk Panchayat is unjust, unlawful or improper or is causing or is likely to cause injury or annoyance to the public or to lead to a breach of peace he may by order suspend the execution or prohibit the doing thereof. (4) When the 1[Adhyaksha of the Zilla Panchayat]1 makes an order under sub -section (3), he shall forthwith forward to the Government and the Taluk Panchayat affected thereby a copy of the order with a statement of the reaso ns for making it, and the Government may confirm or rescind the order or direct that it shall continue to be in force with or without modification permanently or for such period as it thinks fit: Provided that no order of the 1[Adhyaksha of the Zilla Pa nchayat]1 passed under sub - section(3) shall be confirmed, revised or modified by the Government without giving the Taluk Panchayat concerned a reasonable opportunity of showing cause against the proposed order. 161 (5) If 1[x x x]1 the Government is of the opinion that execution of any order or resolution of Zilla Panchayat or the doing of anything which is about to be done, or is being done by or on behalf of a Zilla Panchayat is unjust, unlawful or impro per or is causing or is likely to cause injury or annoyance to the public or to lead to a breach of the peace, it may, by an order suspend the execution or prohibit the doing thereof. (6) When the Government makes an order under sub -section (5), it shall forthwith forward to the Zilla Panchayat affected thereby a copy of the order with a statement of reasons for making it and the Government may confirm or rescind the order or direct that it shall continue t o be in force with or without modification permanently or for such period as it thinks fit: Provided that no order under this sub -section shall be passed by the Government without giving the Zilla Panchayat concerned, a reasonable opportunity of showing cause against the said order.

238. Purchase of stores and equipments. - (1) The Government may by general or special order provide for all or any of the following matters, namely: - (a) the manner in which purchase of stores, equipments, machineries and other articles required by a Zilla Panchayat, Taluk Panchayat or Grama Panchayat shall be made by them; (b) the manner in which tender for works contracts and supplies shall be invited and examined and accepted; (c) the manner in which works and devel opment schemes may be executed and inspected and payment may be made in respect of such works, schemes; and (d) constitution of committee for the purpose of this section. (2) Save as otherwise expressly provided in sub -section (1) in respect of all ot her matters relating to drawl of funds, form of bills, incurring of expenditure, maintenance of accounts, rendering of accounts and such other matters, the rules of implementation as applicable to departments of the Government shall mutatis matandis apply.

239. Power to appoint Administrator in certain cases. - (1) Whenever, - (a) any general election to a Zilla Panchayat or Taluk Panchayat under this Act or any proceedings consequent thereon has been stayed by an order of a competent court or authority; or (b) all the members or more than two -thirds of the members of a Zilla Panchayat or Taluk Panchayat have resigned, the Government shall by notification in the official Gazette appoint an Administrator for such period as may be specified in the notific ation and may, by like notification, curtail or extend the period of such appointment, so however the total period of such appointment shall not exceed six months. (2) Notwithstanding anything contained in this Act, on the appointment of an Administrator under sub -section (1) during the period of such appointment, the Zilla Panchayat or Taluk Panchayat and the committees thereof and the Adhyaksha or Upadhyaksha of such Panchayat, charged with carrying out the provisions of this Act, or any other law, shall cease to exercise any powers and perform and discharge any duties or functions conferred or imposed on them by or under this Act or any other law and all such 162 powers shall be exercised and all such duties and functions shall be performed and discharged by the Administrator.

240. Government's power to specify the role of Panchayats. - The Government may, by general or special order, specify from time to time, the role of Grama Panchayat, Taluk Panchayat and Zilla Panchayat in respect of the programes, sche mes and activities related to the functions specified in Schedule I, II and III, in order to ensure properly co -ordinated and effective implementation of such programes, schemes and activities. CHAPTER XVII FINANCIAL CONTROL AN D AUDIT