Chapter XVIII MISCELLANEOUS

268. Dissolut ion of Panchayats. - (1) If, 1[on the recomendation of the Taluk Panchayat, or otherwise the Zilla Panchayat is of the opinion that]1, a Grama Panchayat exceeds or abuses its power or is not competent to perform or makes persistent default in the performan ce of the duties imposed on it under this Act or any other law for the time being in force the 1[Zilla Panchayat may]1, by an order published in the official Gazette, dissolve such Grama Panchayat. (2) If in the opinion of the Government, a Zilla Panchayat or a Taluk Panchayat exceeds or abuses its power or is not competent to perform or makes persistent default in the performance of the duties imposed on it under this Act or any other law for the time being in force , the Government may, by an order published in the official Gazette, dissolve such Zilla panchayat or Taluk Panchayat. 172 1[(3) Before publishing an order under sub -section (1) or sub -section (2), the Zilla Panchayat or the Government, as th e case may be shall communicate to the Grama Panchayat, Taluk Panchayat or Zilla Panchayat, as the case may be the grounds on which it proposed to do so, fix reasonable period for the Grama Panchayat, Taluk Panchayat or Zilla Panchayat to show cause agains t the proposal and consider its explanation and objections if any.]1 1[(3A) Any person aggrieved by the order of the Zilla Panchayat under sub -section (1) may, within thirty days from the date of such order, appeal to the Government.]1 (4) When a Zilla Panchayat, Taluk Panchayat or Grama Panchayat is dissolved all the members of such panchayat shall, from the date specified in the order, vacate their o ffice as such members. (5) When a Zilla Panchayat, Taluk Panchayat or Grama Panchayat is dissolved, it shall be reconstituted in the manner provided in this Act before the end of six months from the date of such dissolution: Provided that where the remai nder of the period for which the dissolved Zilla Panchayat, Taluk Panchayat or Grama Panchayat would have continued is less than six months it shall not be necessary to hold an election under this section for constituting a Zilla Panchayat, Taluk Panchaya t or Grama Panchayat for such period. (6) A Zilla Panchayat, Taluk Panchayat or Grama Panchayat constituted upon the dissolution before expiration of its duration shall continue only for the remainder of the period of which the dissolved Zilla Panchayat, Taluk Panchayat or Grama Panchayat would have continued had it not been so dissolved. (7) If a Grama Panchayat, Taluk Panchayat or Zilla Panchayat is dissolved, - (a) all the powers and duties of the Zilla Panchayat, Taluk Panchayat or Grama Panchayat s hall, during the period of its dissolution be exercised and performed by such person or persons as the Zilla Panchayat or the Government, as the case may be , may from time to time appoint in this behalf; (b) all property vested in the Zilla Panchayat, T aluk Panchayat or Grama Panchayat dissolved shall during the period of dissolution vest in the Government; (c) the persons vacating office on dissolution shall be eligible for re -election.

269. Appeals. - 1[(1) Any person aggrieved by any original orde r of the Grama Panchayat under this Act, unless appeal is provided elsewhere in this Act, may within thirty days from the date of such order appeal to the Executive Officer.]1 (2) The Appellate Authori ty may after giving an opportunity to the appellant to be heard and after such enquiry as it deems fit, decide the appeal and its decision shall be final. (3) Any appeal under sub -section (1) pending before the Zilla Parishad shall on the date of commence ment of the Karnataka Panchayat Raj Act, 1993 stand transferred to the Assistant Commissioner and such appeal shall be decided by him as if it has been filed before him.

270. Power over decisions of committees. - Every Zilla Panchayat, Taluk Panchayat or Grama Panchayat shall have power to annul, revise or modify any decision taken by any of its committees. 173

271. Requisitioning of premises, vehicles, etc., for election purpose. - (1) If it appears to an officer authorised by the State Election Commission f or the conduct of elections to the Zilla Panchayat, Taluk Panchayat and Grama Panchayat under this Act (hereinafter referred to as "the requisitioning authority") that in connection with an election under this Act, - (a) any premises is needed or is likel y to be needed for the purpose of being used as a polling station or for the storage of ballot boxes after a poll has been taken, or (b) any vehicle, vessel or animal is needed or is likely to be needed for the purpose of transport of ballot boxes to or from any polling station or transport of members of the police force for maintaining order during the conduct of such election, or transport of any officer or other person for performance of any duties in connection with such election the requisitioning a uthority may by order in writing requisition such premises, or as the case may be, such vehicle, vessel or animal and may make such further orders as may appear to it to be necessary or expedient in connection with the requisitioning: Provided that no veh icle, vessel or animal which is being lawfully used by a candidate or his agent for any purpose connected with the election of such candidate shall be requisitioned under this sub -section, until the completion of the poll at such elections. (2) The requis itioning shall be effected by an order in writing addressed to the person deemed by the requisitioning authority to be the owner or person in possession of the property, and such order shall be served in the manner prescribed on the person to whom it is ad dressed. (3) Whenever any property is requisitioned under sub -section (1), the period of such requisitioning shall not extend beyond the period for which such property is required for any of the purposes mentioned in that sub -section. (4) In this section ,- (a) "premises" means any land, building or part of a building and includes a hut, shed or other structure or any part thereof; (b) "vehicle" means any vehicle used or capable of being used for the purpose of road transport, whether propelled by mech anical power or otherwise.

272. Payment of compensation. - (1) Whenever in pursuance of section 271, the requisitioning authority requisitions any premises, the Zilla Panchayat, Taluk Panchayat or Grama Panchayat concerned shall pay to the persons interes ted compensation, the amount of which shall be determined by the requisitioning authority by taking into consideration the following factors that is to say, - (i) the rent payable in respect of the premises, or if no rent is so payable, the rent payable f or similar premises in the locality; (ii) if in consequence of the requisitioning of premises, the person interested is compelled to change his residence or place of business the reasonable expenses, if any, incidental to such change: Provided that, whe n any person interested being aggrieved by the amount of compensation so determined makes an application to the requisitioning authority within thirty days of the order under sub -section (1) the matter shall be referred by the requisitioning authority to t he 1[Civil Judge (Junior Division)]1 having jurisdiction in the locality and the 174 amount of compensation to be paid shall be such as the 1[Civil Judge (Junior Division)]1 may determine. Explanation .- In this sub -section, the expression " person interested' means the person who was in the actual possession of the premisses requisitioned under section 271 immediately before the requisitioning or where no person was in such actual possession, the owner of s uch premises. (2) Whenever in pursuance of section 271, the requisitioning authority requisitions any vehicle, vessel or animal the Zilla Panchayat, Taluk Panchayat or Grama Panchayat shall pay to the owner thereof compensation, the amount of which shall be determined by the requisitioning authority on the basis of fares or rates prevailing in the locality for the hire of such vehicle, vessel or animal: Provided that where the owner of such vehicle, vessel or animal being aggrieved by the amount of compen sation so determined makes an application within thirty days to the requisitioning authority the matter shall be referred to the 1[Civil Judge (Junior Division)]1 having jurisdiction in the locality and the amount of compensation to be paid shall be such a s the 1[Civil Judge (Junior Division)]1 may determine: Provided further that where immediately before the requisitioning the vehicle or vessel was by virtue of a hire purchase agreement in the possessi on of a person other than the owner the amount determined under this sub -section as the total compensation shall be apportioned between that person and the owner in such manner as they may agree upon and in default of agreement in such manner as an arbitra tor appointed by the requisitioning authority in this behalf may decide.

273. Power to obtaining information. - The requisitioning authority may with a view to requisitioning any property under section 271 or determining the compensation payable under sec tion 272 by order require any person to furnish to such authority as may be specified in the order such information in his possession relating to such property as may be specified.

274. Power of entry into and inspection of premises etc,. - (1) Any person authorised in this behalf by the requisitioning authority may enter into any premises and inspect such premises and any vehicle, vessel or animal therein for the purpose of determining whether, and if so in what manner an order under section 273 should be made in relation to such premises, vehicle, vessel or animal or with a view to securing compliance with any order made under that section. (2) In this section the expression "Premises" and "Vehicle" have the same meaning as in section 271.

275. Evictio n from requisitioned premises. - (1) Any person remaining in possession of any requisitioned premises in contravention of any order made under section 271 may be summarily evicted from the premises by any officer empowered by the requisitioning authority in this behalf. (2) Any officer so empowered may after giving to any woman not appearing in public, reasonable warning and facility to withdraw, remove or open any lock or bolt or break open any door of any building or do any other act necessary for effecti ng such eviction. 175

276. Release of premises from requisitioning. - (1) When any premises requisitioned under section 271 are to be released from requisitioning the possession thereof shall be delivered to the person from whom possession was taken at the t ime of the requisition or if there was no such person to the person deemed by the requisitioning authority to be the owner of such premises and such delivery of possession shall be a full discharge of the requisitioning authority from all liabilities in r espect of such delivery but shall not prejudice any rights in respect of the premises which any other person may be entitled by due process of law to enforce against the person to whom possession of the premises is so delivered. (2) Where the person to wh om possession of any premises requisitioned under section 271 is to be given under sub -section (1) cannot be found or is not readily ascertainable or has no agent or any other person empowered to accept delivery on his behalf requisitioning authority shall cause a notice declaring that such premises are released from the requisitioning to be affixed on some conspicuous part of such premises and on the notice board of the office of the Tahisldar. (3) When a notice is affixed on the notice board as provided in sub -section (2), the premises specified in such notice shall cease to be subject to requisitioning on and from the date of such affixing of the notice and be deemed to have been delivered to the person entitled to possession thereof and the requisitioni ng authority or the Zilla Panchayat or Taluk panchayat or Grama Panchayat shall not be liable for any compensation or other claim in respect of such premises for any period after the said date.

277. Penalty for contravention of any order regarding requis ition. - If any person contravenes any order made under section 271 or section 273 he shall, on conviction, be punished with imprisonment for a term which may extend to one year or with fine or with both.

278. Penalty for acting as a member, Adhyaksha or Upadhyaksha when disqualified. - (1) Whoever acts as a member of a Grama Panchayat, Taluk Panchayat or Zilla Panchayat when he knows that under this Act or the rules made thereunder, he is not entitled to or has ceased to be entitled to hold office as such shall, on conviction , be punished with fine of one hundred rupees for every day on which he sits or votes as a member. (2) Whoever acts as the Adhyaksha or Upadhyaksha of a Grama Panchayat, Taluk Panchayat or Zilla Panchayat or exercises any of his funct ions when he knows that under this Act or the rules made thereunder, he is not entitled to or has ceased to be entitled to hold office as such, or to exercise such functions shall, on conviction, be punished with fine of two hundred rupees for every day on which he acts or functions as such. (3) Any person who having been the Adhyaksha or Upadhyaksha of a Grama Panchayat, Taluk Panchayat or Zilla Panchayat fails to hand over any document of, or any moneys or other properties vested in, or belonging to, the Grama Panchayat or Taluk Panchayat or Zilla Panchayat, as the case may be which are in or have come into his possession or control to his successor in office or other prescribed authority, - (a) in every case as soon as his term of office as such Adhyaks ha or Upadhyaksha expires; and (b) in case of a person who was the Upadhyaksha on demand by the Adhyaksha, shall, on conviction, be punished with a fine which may extend to one thousand rupees.

279. Penalty for interested member voting. - Whosoever vot es as member of a Grama Panchayat, Taluk Panchayat or Zilla Panchayat in contravention of the provisions of sub - 176 section (4) of section 53, or clause (g) of sub -section (2) of section 141 or clause (g) of sub - section (2) of section 180 shall, on conviction, be punished with fine which may extend to five hundred rupees.

280. Penalty for acquisition by officer or servant of interest in contract. - If any member, officer or servant of a Grama Panchayat, Taluk Panchayat or Zilla Panchayat knowingly acquires for himself directly or indirectly, by himself or by a partner, employer or servant, any share or interest in any contract or employment with, by or on behalf of a Grama Panchayat, Taluk Panchayat or Zilla Panchayat he shall, on conviction, be punished with f ine which may extend to five hundred rupees: Provided that no person shall, by reason of being a shareholder, in or member of, any company, be held to be interested in any contract entered into between such company and the Grama Panchayat, Taluk Panchayat or Zilla Panchayat unless he is a Director of such company: Provided further that nothing in this section shall apply to any person who, with the sanction of the Commissioner, enters into a contract with a Grama Panchayat, Taluk Panchayat or Zilla Pancha yat.

281. Wrongful obstruction of certain officers. - Any person who prevents the Chief Executive Officer, Executive Officer or the Secretary or any person to whom such officer has lawfully delegated his powers of entering on or into any place, building o r land from exercising his lawful power of entering thereon or therein shall, 1[be punished with fine of rupees one thousand which may be extended to five thousand rupees.]1

282. Prohibition against obstru ction of Adhyaksha or Upadhyaksha, etc,. - Any person obstructing an Adhyaksha, Upadhyaksha, Secretary or member of a Grama Panchayat, or Adhyaksha, Upadhyaksha, Executive Officer or member of a Taluk Panchayat, or Adhyaksha, Upadhyaksha, Chief Executive Of ficer or member of a Zilla Panchayat, or any person employed by the Grama Panchayat or Taluk Panchayat or Zilla Panchayat or any person with whom a contract has been entered into by or on behalf of the Grama Panchayat, Taluk Panchayat or Zilla Panchayat i n the discharge of his duty or of anything which he is empowered or require to do by virtue, or in consequence, of this Act or any rule, bye -law, regulation or order made thereunder shall, on conviction, be punished with fine which may extend to five hundr ed rupees.

283. Prohibition against removal or obliteration of notice. - Any person, who without authority in that behalf, removes, destroys, defaces or otherwise obliterates any notice exhibited or any sign or mark erected by or under the orders of a Gra ma Panchayat, Taluk Panchayat or Zilla Panchayat or its executive authority, shall, on conviction, be punished with fine which may extend to one hundred rupees.

284. Penalty for not giving information or giving false information. - Any person who is requi red by this Act or by any notice or other proceedings issued thereunder to furnish any information fails to furnish such information or knowingly furnishes false information, shall, on conviction, be punished with fine which may extend to one hundred rupee s.

285. Bidding prohibited. - (1) No member or employee of the Grama Panchayat, Taluk Panchayat or Zilla Panchayat or any officer having any duty to perform in connection with the sale of movable or immovable property under this Act shall directly or indi rectly bid for or acquire interest in, any property sold at such sale. 177 (2) Any person who contravenes the provisions of sub -section (1) shall, on conviction, be punished with fine which may extend to five hundred rupees, and if he is an officer or employe e of the Grama Panchayat or Taluk Panchayat or Zilla Panchayat shall also be liable for dismissal from service.

servants.

287. Fines to be credited to the Panchayat Fund. - All fines imposed by a Magistrate for any offence under this Act, or under any rule, regulations or bye -law made thereunder in any pro secution instituted by or on behalf of a Grama Panchayat, Taluk Panchayat or Zilla Panchayat shall be credited to its fund.

288. Damage to any property of Panchayats and how made good. - If through any act, neglect or default on account of which any perso n shall have incurred penalty imposed by or under this Act and any damage to the property of any Grama Panchayat, Taluk Panchayat or Zilla Panchayat shall have been caused by such person, he shall be liable to make good such damage as well as to pay such p enalty and the value of the damage shall in case of dispute be determined by the Magistrate. The person incurring such penalty be convicted, and non -payment of such value on demand the same shall be levied by distress, and the Magistrate shall issue a warr ant accordingly.

289. Restrictions with respect to institution of suits against Panchayats. - (1) No suit for damage or compensation shall be instituted against any Grama Panchayat, Taluk Panchayat or Zilla Panchayat or any of its officers, or any person acting under its direction, for anything done or purporting to be done under this Act or any rule, bye -law regulation or order made thereunder until the expiration of two months next after notice in writing shall have been delivered or left at the office of the Grama Panchayat or Taluk Panchayat or Zilla Panchayat concerned or at the place of abode of such officer or person, such notice shall state the cause of action, the relief sought, the amount of compensation, if any, claimed and the name and the plac e of abode of the intending plaintiff. (2) If any person to whom any notice is given under sub -section (1) tenders the amount to the plaintiff before the suit is instituted and if the plaintiff does not recover in any such action more than the amount so tendered, he shall not recover any costs incurred after such tender and the defendant shall be entitled to costs as from the date of tender. (3) When the defendant in any suit is a member, officer or servant of such Grama Panchayat, Taluk Panchayat or Zil la Panchayat or any person acting under its direction, the Secretary, Executive Officer, or Chief Executive Officer as the case may be, shall determine whether defense should be undertaken by such Grama Panchayat, Taluk Panchayat or Zilla Panchayat and be paid for out of its fund. (4) Nothing in this section shall be deemed to apply to any suit instituted under section 38 of the Specific Relief Act, 1963 (Central Act 47 of 1963).

290. Government not to obtain licences and permissions. - Nothing in this Ac t or in any rule, bye -law or regulation made thereunder shall be construed as requiring the taking out of any licence or the obtaining of any permission under this Act or any such rule, bye -law or regulation in respect of any place in the occupation or und er the control of the Central 178 Government or the State Government or in respect of any property of the Central Government or State Government.

291. Injunctions not to be granted in election proceedings. -Notwithstanding anything contained in any law for th e time being in force, no court shall grant any permanent or temporary injunction or make any interim order restraining any proceeding which is being or about to be taken under this Act for the conduct of any election under this Act.

292. Punishment for disobedience of orders and notices not punishable under any other section. - Whoever disobeys or fails to comply with any lawful direction given by way of written notice issued by or on behalf of a Grama Panchayat, Taluk Panchayat or Zilla Panchayat under any power conferred by this Act, or fails to comply with the conditions subject to which any permission was given to him by the Grama Panchayat, Taluk Panchayat or Zilla Panchayat concerned under any power so conferred, shall, on conviction, if the disobed ience or failure is not an offence punishable under any other section, be punished with fine which may extend to one hundred rupees and with further fine which may extend to five rupees for every day during which the said disobedience or failure continues after the date of first conviction: Provided that when the notice fixes a time within which a certain act is to be done, and no time is specified in this Act the Magistrate shall determine whether the time so fixed was reasonable.

293. In default of own er or occupier, panchayat may execute works and recover expenses. - (1) Whenever under the provisions of this Act any work is required to be executed by the owner or occupier of any building, or land, and default is made in the execution of such work, the G rama Panchayat, Taluk Panchayat or Zilla Panchayat concerned whether any penalty is or is not provided for such default, may cause such work to be executed, and the expenses thereby incurred shall, unless otherwise expressly provided in this Act, be paid t o it by the person by whom such work ought to have been executed, and shall be recoverable in the same manner as an amount claimed on account of any tax recoverable under Chapter XIII either in one sum or by instalments as the Panchayat concerned may deem fit. (2) If the defaulter is the owner of the building or land, the Panchayat concerned may, by way of additional remedy, whether a suit or proceeding has been brought or taken against such owner or not, require, subject to the provisions of sub -section ( 3), the payment of all or any part of the expenses payable by the owner for the time being from the person who then or at any time thereafter occupies the building or land under such owner, and in default of payment thereof by such occupier on demand, the same may be levied from such occupier, and every amount so leviable shall be recoverable in the same manner as an amount claimed on account of any tax recoverable under Chapter XIII. Every such occupier shall be entitled to deduct from the rent payable by him to his landlord so much as has been so paid by or recovered from such occupier in respect of any such expenses. (3) No occupier of any building or land shall be liable to pay more money in respect of any expenses charged on the owner thereof, than the amount of rent which is due from such occupier for the building or land in respect of which such expenses are payable at the time of the demand made upon him, or which at any time after such demand and notice not to pay the same to his landlord has accrue d and become payable by such occupier, unless he neglects or refuses upon application made to him for that purpose by a Grama Panchayat, Taluk Panchayat or Zilla Panchayat truly to disclose the amount of his rent and the name and address of the person to w hom the rent is payable, but the burden of proof that the sum 179 demanded of any such occupier is greater than the rent which was due by him at the time of such demand or which has since accrued, shall be upon such occupier: Provided that nothing herein cont ained shall be deemed to affect any special contract made between any such occupier and the owner respecting payment of the expenses of any such works as aforesaid.

294. Expenses or costs how determined and recovered. - If a dispute arises with respect t o any expenses or costs which are by this Chapter directed to be paid, the amount, and if necessary the apportionment of the same, shall, save where it is otherwise expressly provided in this Act, be ascertained and determined by the Grama Panchayat, Taluk Panchayat or Zilla Panchayat concerned and shall be recoverable in the same manner as an amount claimed on account of any tax recoverable under Chapter XIII.

295. Bar of suits etc. - (1) No civil court shall entertain a suit objecting to an assessment demand or charge made or imposed under this Act, or for the recovery of any sum of money collected under the authority of this Act, or for damages on account of any assessment or collection of money under the said authority, if the provision of this Act have been in substance and effect compiled with. (2) No, suit or other legal proceeding shall lie against a Chief Executive Officer or Executive Officer or Secretary or any other officer of the Government or a Grama Panchayat or Taluk Panchayat or Zilla Panch ayat or any member, officer, servant or agent of such Grama Panchayat, Taluk Panchayat or Zilla Panchayat acting under its direction in respect of anything done or purporting to have been lawfully done and in good faith under this Act or any rule, regulat ion, bye -law or order made thereunder except with the previous sanction of the Zilla Panchayat or such officer as the Zilla panchayat may specify. (3) No suit or other legal proceeding shall lie against the Government in respect of anything done under thi s Act, or any rule, regulation or bye -law made thereunder.

296. Jurisdiction of Magistrate. - Any prosecution under this Act or under any rule, regulation or bye -law made thereunder may, save as therein otherwise provided, be instituted before any Magistr ate, and every fine or penalty imposed under or by virtue of this Act or any rule, regulation or bye -law made thereunder and also all claims to compensation or other expenses for the recovery of which no special provision is otherwise made in this Act, may be recovered on application, to such Magistrate by the distress and sale of any movable property within the limits of his jurisdiction belonging to the person from whom the money is claimed.

2[1[296A. Grievance Redressal Authority. – (1) The State G overnment may, by notification in the official gazette, constitute for every District a Grievance Redressal Authority consisting of a retired 3[district judge or a retired]3 officer not below the rank of special deputy commissioner. (2) The State Government shall provide necessary staff to the grievance redressal authority. (3) The office of the Grievance Redressal Authority shall remain open during the business hours of panchayat on all working days of the week; (4) The salary and other allow ances of the Grievance Redressal Authority shall be the same which he was entitled to prior to his retirement minus pension; (5) The Grievance Redressal Authority shall communicate the decision of the Grievance Redressal Authority to the aggrieved citiz en within such period as may be prescribed. 180 (6) The Grievance Redressal Authority shall, immediately after the expiry of the period prescribed for the communication of the decision of the district grievance redressal officer , report every complaint of w hich has not been redressed along with the details of the complainant, nature of complaint, and reasons for non -redressal, - (i) in respect Gram Panchayat and Taluk Panchayat to the Chief Executive Officer of Zilla Panchayatand (ii) in respect of Zilla Pan chayatto the principal secretary to the government, department of panchayat raj and rural development; - for necessary action; (7) Where the Grievance Redressal Authority at the time of deciding any complaint is of the opinion that officer or offic ers concerned or any other person has without any reasonable cause, willfully neglects his duties required to be performed by him under this Act or refused or failed or malafidely denied to extend the service urged within the time specified or within a reasonable time such officer or person shall be subjected to a penalty of two hundred and fifty rupees each day till the grievance redressal. However, the total amount of such penalty shall not exceed twenty -five thousand rupees. The Grievance Redressal Au thority may in place of the penalty recommend for disciplinary action against the officer or the person concerned, under the service rules or relevant law applicable to him; Provided that the officer or the person concerned shall be given a reasonable opportunity of being heard before any penalty is imposed on him. Provided further that the burden of proving that he acted reasonably and diligently shall be on the officer or the person concerned who denied the service urged. Explanation: for the purpose o f this section: – (a) “aggrieved citizen” means a citizen who has been affected by commission or omission of the Gram Panchayat Taluk Panchayat and Zilla Panchayatwhile rendering service enjoined under this Act or any other law and includes a person seekin g benefit of any scheme offered by the government through the panchayat; (b) “grievances” means and includes any complaint lodged by a aggrieved citizen regarding the commission or omission of action required to be taken by Gram Panchayat, Taluk Panchayat and Zilla Panchayat in respect of: – (i) water supply; (ii) maintenance of health; (iii) maintenance of Road; (iv) maintenance of street lights; (v) identification of beneficiaries of any scheme or project; (vi) allocation of benefit of any scheme or project; (vii) maintenance of sani tation; (viii) grant or issue of any documents or certificate; (ix) any ot her matter as may be prescribed ]2 1. Substitu ted by Act 44 of 2015 w.e.f. 25.02.2016. 2. Shall be deemed to have been substituted by Act 37 of 2017 w.e.f. 12.07.2017.

2[296B. Powers and functions of the Grievance Redressal Authority , – (1) the Grievance Redressal Authority may: – (a) call for and examine any document which he has reason to believe necessary to redress the grievance of an aggrieved citizen; (b) The Grievance Redressal Authority shall, for the purposes of performing the functions under this Act, have the same powers as are vested in a civil court under the code of civil procedure, 1908 in respect of the following matters, namely: - (i) summoning and enforcing the attendance of a ny person and examining him on oath; (ii) discovery and production of any document or other material object producible as evidence; (iii) receiving evidence on affidavits; 181 (iv) requisitioning of any public record; (v) issuing commission for the examina tion of witnesses; (vi) reviewing its decisions, directions and orders; (vii) such other matter which may be prescribed; (2) The Grievance Redressal Authority shall be a quasi judicial authority and dispose off the matters before him summarily. (3) No complaint of the aggrieved citizen shall be entertained by the Grievance Redressal Authority unless the grievance has occurred as a result of deficiency negligence or malfeasance on the part of a office or officer or official or specific irregula rity or benefit materially affecting the outcome or specific instance of discrimination is indicated. (4) The Grievance Redressal Authority shall ensure that, – (a) the grievance is remedied in a time frame not exceeding ninety days from the date of recei pt of the complaint; or (b) the reason for the occurrence of the grievance is identified and the responsibility of the defaulting office or individual is fixed and the grievance is redressed satisfactorily within one month after the period specified in clause (a) or (c) where the grievance has occurred as a result of a deficiency, negligence or malfeasance on the part of an office or individual the action is taken in accordance with conduct rules and departmental procedures; and (d) where the individual responsible for the delivery of the goods and services has willfully neglected to deliver the good or service or there exist prima facie grounds for a case under the prevention of corruption Act 1988, he can make an observation to that effect along with a recommendat ion for the penalty to be imposed to the principal secretary to the government or secretary to government as the case may be. (5) The Grievance Redressal Authority may seek the assistance of any other officer required for the proper discharge of his duties or may direct any other officer to take action to redress a complaint made by aggrieved citizen; (6) Any officer, whose assistance has been sought under sub -section (5), shall render all assistance to the grievance redress authority ]2 2. Substitu ted by Act 44 of 2015 w.e.f. 25.02.2016.

2[296C. Appeal, – (1) Any person aggrieved by the decision of the Grievance Redressal Authority or who has not received action taken report in respect of a complaint filed by him, may within a period of thirty day s from the expiry of the receipt of such decision, prefer an appeal to the principal secretary to the government or secretary to government, as the case may be, department of rural development and panchayat raj and the decision of such appellate authority shall be final. Provided that the appellate authority may admit the appeal after the expiry of thirty days if it is satisfied that the complainant was prevented by sufficient reason or cause from filing the appeal in time. (2) Every appeal shall be dispos ed of within ninety days from the date of receipt of such appeal. (3) The appellate authority shall arrange to deliver copies of the decisions to the parties concerned within a period of fifteen working days from the date of decisions taken by him.]2 2. Substitu ted by Act 44 of 2015 w.e.f. 25.02.2016.

2[296D. Term of office of the Grievance Redressal Authority , – The Grievance Redressal Authority shall hold office for a term of five years from the date on which he assume office or till he attains t he age of sixty five years whichever is earlier and shall not be eligible for re -appointment .]2 4. Substitu ted by Act 44 of 2015 w.e.f. 25.02.2016. 182

2[296E. Resignation and removal, – (1) The Grievance Redressal Authority may by notice in writing under his hand addressed to the State Government resign his office. (2) notwithstanding anything contained in sub -section (1), the government may, by order, remove Grievance Redressal Authority from the office of the Grievance Redressal Authority , if he, - (a) is adjudged as an insolvent; or (b) has been convicted of an offence which, in the opinion of the Government, involves moral turpitude; or (c) engages during his term of office in any paid employment outside the duties of his office; or (d) is, in the o pinion of the government, unfit to continue in office by reason of infirmity of mind or body; or (e) has acquired such financial or other interest as is likely to affect prejudicially his functions as the Grievance Redressal Authority ]2 2. Substitu ted by Act 44 of 2015 w.e.f. 25.02.2016.

2[296F. Procedures before the Grievance Redressal Authority , – (1) The procedure and manner of filing a complaint and fees to be accompanied with such complaint shall be such as may be prescribed. (2) The manner and p rocedure of conducting proceedings before the Grievance Redressal Authority shall be such as may be prescribed.

296G. Matters not subject to investigation. - The Grievance Redressal Authority shall not investigate any matter, - (i) which the Lokayukta or the uplokayukta is investigating under the provisions of the Karnataka Lokayukta Act, 1984 (Karnataka Act 4 of 1985); or (ii) which is being investigated by a Competent Authority under any provisions of the Central Act or State enactments.

296H. Tra nsfer of pending cases. - All the cases pending before the panchayat ombudsman on the date of commencement of the Karnataka Panchayat Raj (Second Amendment) Act, 2015 shall stand transferred to the concerned Grievance Redressal Authority and shall be dispo sed of by such Grievance Redressal Authority as if the cases are filed before such authority.

296I. Action taken report. – (1) Every Grievance Redressal Authority shall submit a report of follow up action in respect of complaints made to it or appeal pr escribed therein to the State Government within such time as may be prescribed. (2) Every Grievance Redressal Authority shall maintain a record of complaints made to it or appeal filed and the decisions recorded on such complaints and appeals. (3) Every Grievance Redressal Authority shall publish on its website, by the 15th day of every month or at such intervals as may be prescribed, a report mentioning therein: – (a) the number of complaints received; (b) the number of complaints pending; (c) the num ber of complaints disposed off; and (d) such other particulars, as may be prescribed. ]1]2 2. Substitu ted by Act 44 of 2015 w.e.f. 25.02.2016.

297. Alternative procedure by suit. - In lieu of any process of recovery allowed by or under this Act in case of failure to realise by such process the whole or any part of any amount recoverable under the provisions of Chapter XIII or of any compensation, expenses, 183 charges or damages awarded under this Act, the Gram a Panchayat, Taluk Panchayat or Zilla Panchayat concerned may sue in any court of competent jurisdiction the person liable to pay the same, as also any other person who may have in any way caused any injury to any property, rights or privileges of the Gram a Panchayat, Taluk Panchayat or Zilla Panchayat.

298. Punishment for offences under this Act and powers to compound. - (1) Whoever, - (a) erects, alters , adds to or reconstructs a building without the written permission required by section 64 or in con travention of any of the conditions imposed by it; (b) uses any place without a licence required by sections 66, 67, 68, and 69 or in contravention of any of the conditions or during the suspension of the licence; or (c) contravenes any other provisio n of the Act, shall on conviction, be punished with fine which may extend to 1[five thousand rupees ]1, and in the case of a continuing offence with a fine which may extend to 1[fifty rupees ]1 for every day after the first conviction during which the offen ce continues. 1. Substitu ted by Act 44 of 2015 w.e.f. 25.02.2016. (2) Upon a conviction under clause (b) of sub -section (1) in respect of any place, the magistrate shall on the application of the Grama Panchayat, Taluk Panchayat or Zilla Panchayat as th e case may be, but not otherwise, order such place to be closed, and thereupon appoint such persons or take such other steps to prevent such place being so used; and every person who so uses or permits the use of a place after it has been ordered to be clo sed, shall be punished with fine which may extend to 1[fifty rupees ]1 for each day during which he continues to use or permits such use of the place after it has been so ordered to be closed. 1. Substitu ted by Act 44 of 2015 w.e.f. 25.02.2016. (3) (a) A Grama Panchayat, Taluk Panchayat or Zilla Panchayat or such officer as the Zilla Panchayat may authorise in this behalf may accept by way of composition a sum of money 1[not exceeding two thousand rupees ]1 from any person, who, in the opinion of the Gram a Panchayat, Taluk Panchayat or Zilla Panchayat or the authorised officer, as the case may be, has committed, - (i) any of the aforesaid offences referred to in sub -section (1), or (ii) any other offence under this Act or under any rule, regulation o r bye -law made thereunder which may by notification be declared by the Government as compoundable; and on such composition no proceeding shall be taken against such person in respect of such offence. (b) On the composition of any offence under clause (a) if proceedings in any criminal court have been instituted against the person concerned in respect of the offence the composition shall be deemed to amount to an acquittal and no further proceedings shall be taken against such person in respect of such off ence. 1. Substitu ted by Act 44 of 2015 w.e.f. 25.02.2016.

299. Powers of police officers. - (1) Any police officer may arrest any person committing in his presence any offence against any of the provisions of this Act or of any regulation or bye-law mad e thereunder if the name and address of such person is not known to him and if he declines to give his name and address, or if the police officer has reason to doubt the 184 accuracy of such name and address given, and such person may be detained at the statio n house until his name and address shall be correctly ascertained. (2) Any person arrested under sub -section (1) shall be informed as soon as may be, of the grounds for such arrest and shall be produced before the nearest Magistrate within a period of twe nty-four hours of such arrest excluding the time necessary for the journey from the place of arrest to the court of the Magistrate and no such person shall be detained in custody beyond the said period without the authority of a Magistrate. (3) It shall a lso be the duty of all police officers to give immediate information to the Adhyaksha or Secretary of the Grama Panchayat, Adhyaksha or Executive officer of Taluk Panchayat, Adhyaksha or Chief Executive Officer of the or Zilla Panchayat the commission of any offence against the provisions of this Act or of any rule, regulation or bye -law made thereunder, or where a member of the Grama Panchayat, Taluk Panchayat or Zilla Panchayat is arrested within twenty -four hours of such arrest and to assist all office rs and servants of the Grama Panchayat, Taluk Panchayat or Zilla Panchayat in the exercise of their lawful authority.

300. Annual administration report. - (1) As soon as may be after the first day of April in every year and not later than such date as may be fixed by the Government the Secretary of the Grama Panchayat shall place before the Grama Panchayat a report of the administration of the Grama Panchayat during the preceding official year in such form and with such details as the Government may direct and shall forward the report with the resolution of the Grama Panchayat thereon to the Zilla Panchayat. (2) As soon as may be after the first day of April in every year and not later than such date as may be fixed by the Government, the Executive Officer of the Taluk Panchayat shall place before the Taluk Panchayat a report of the administration of the Taluk Panchayat during the preceding official year in such form and with such details as the Government may direct and shall forward the report with the r esolution of the Taluk Panchayat thereon to the Zilla Panchayat. (3) Zilla panchayat shall on receipt of the reports under sub -section (1) and (2) review the working of the Grama Panchayats and Taluk Panchayats and shall submit a consolidated report in th is behalf to the Government. (4) As soon as may be after the first day of April in every year and not later than such date as may be fixed by the Government, the Chief Executive Officer shall prepare a report on the administration of the Zilla panchayat d uring the preceding year in such form and with such details as the Government may direct and submit the report to the Zilla Panchayat. After approval by the Zilla Panchayat, the report shall be submitted to the Government. (5) The report submitted under s ub-sections (3) and (4) to the Government shall together with a memorandum by the Government reviewing the working of the Grama Panchayats, Taluk Panchayats and Zilla Panchayats, shall be laid before both the Houses of the State Legislature.

301. Adjust ment of Government dues etc. - If a Grama Panchayat, Taluk Panchayat or Zilla Panchayat makes default in the payments of any amount, loan installments or interest due to the Government, the Karnataka State Electricity Board or the salaries, allowances or leave and pensionary contributions of Government servant deputed for service under such Panchayats, the Government may make an order directing the person having the custody of the Fund of the Panchayats concerned to pay the amount due in priority to any othe r charge 185 against such fund and such person shall so far as the amounts to the credit of such Fund admit be bound to comply with the order.

district or Taluk into a larger urban area etc,.

302A. Constitution of new district or taluk by altering limits of the ex isting districts and taluks. - (1) If during the term of office of the members of a Zilla Panchayat of a district or Taluk Panchayat of a taluk (hereinafter referred to as an existing Zilla Panchayat or existing Taluk Panchayat) a new district or taluk is c onstituted (hereinafter referred to as new district or as the case may be , new taluk) under the Karnataka Land Revenue Act, 1964 by altering the limits of such district or taluk, notwithstanding anything to the contrary contained in this Act, the followin g consequences shall ensue with effect from the date of such constitution of a new district or taluk, namely: - (a) there shall be a Zilla Panchayat for the new district, or as the case may be, a Taluk Panchayat for the new taluk which shall consist of me mbers of the existing Zilla Panchayat or Taluk Panchayat representing the territorial constituencies, the whole or major part of the area comprised in which is included in the new district or new taluk and other members referred to in section 120 or 159, a s the case may be, and the total number of members of the existing Zilla Panchayat or Taluk Panchayat already determined shall stand reduced accordingly; (b) the Zilla Panchayat of the new district or Taluk Panchayat of the new taluk shall at its first m eeting after the constitution of the new district or taluk, as the case may be, elect 186 one of its members to be Adhyaksha, and one of its members other than the Adhyaksha to be the Upadhyaksha; (c) the Zilla Panchayat of the new district or Taluk Panchaya t of the new taluk shall, as soon as may be elect members of the committees under section 148, or as the case may be, under section 186; (d) the members of the Zilla Panchayat of the new district, or as the case may be, Taluk panchayat of the new taluk s hall, subject to the provisions of sections 128, 129, 135, 136, 167, 168, 174 and 175 hold office for the unexpired portion of their term of office as members in the existing Zilla Panchayat, or as the case may be, existing Taluk Panchayat; (e) the term of office of the Adhyaksha and Upadhyaksha and the members referred to in clauses (b) and (c) shall, subject to the provisions of sections 138, 140, 148, 177, 179 and 186 expire on such date as the government may by notification specify. (2) Any appointme nt, notification, notice, tax, order, scheme, licence, permission, rule, regulation, bye -law or form made issued or imposed in respect of the existing Zilla Panchayat or Taluk Panchayat shall continue in force and be deemed to have been made, issued or im posed in respect of Zilla Panchayat or Taluk Panchayat of the new district or as the case may be, new taluk until it is superceded or modified by any appointment, notification, notice, tax, order, scheme, licence, permission, rule, regulation, bye -law or f orm made, issued, imposed or granted under the Act: Provided that where a new district or new taluk is constituted by altering the limits of two or more existing districts or taluks, the Government may, by notification, direct that from the date specifi ed thereunder, only such appointment, notification, notice, tax, order, scheme, licence, permission, rule, regulation, bye -law and form made, issued or imposed in respect of such of the existing Zilla Panchayats or Taluk Panchayats shall be applicable to t he Zilla Panchayat of the new district and Taluk Panchayat of the new taluk and only such appointments, notifications, notice, tax, order, scheme, licence, permission, rule, regulation, bye-law and form shall thereupon continue in force. (3) Unexpended ba lance of the fund and all other properties vesting in the existing Zilla Panchayat or Taluk Panchayat shall be transferred to the Zilla Panchayat of the new district or Taluk panchayat of the new taluk as the Government may by order direct. (4) The rights and liabilities of existing Zilla Panchayat or Taluk Panchayat in respect of civil and criminal proceedings, properties, contracts agreements and other matters or things (including arrears of taxes, fees, cess and rates) arising in, and relating to any part of the area included in the new district or the new taluk shall vest in such Zilla Panchayat of the new district or Taluk Panchayat of the new taluk, as the Government may by order direct. (5) Such officers and servants of the existing Zilla Panchaya t or Taluk Panchayat may be transfered to Zilla Panchayat of the new district, or as the case may be, to the Taluk Panchayat of the new Taluk as the Government may by order direct and shall, until other provisions are made in according with this Act, be e ntitled to receive the same salary and allowances and be subject to the same conditions of service as they were entitled or subject to immediately before such transfer. (6) All proceedings including appeals, pending before the existing Zilla Panchayat or Taluk panchayat or any officer immediately before the constitution of the new district or the new taluk and all prosecutions instituted by or on behalf of the existing Zilla panchayat or Taluk Panchayat or any officer thereof, pending immediately before su ch constitution shall 187 be continued by or against or disposed of by, the existing Zilla Panchayat or Taluk Panchayat or such officer. (7) The Government may, by notification, make such provision as appearing to it to be necessary or expedient, - (i) for m aking deletions from, additions to, adaptations or modifications in any rule, bye-law, notification, scheme, permission or licence referred to in sub -section (2) in its application to the Zilla Panchayat of the new district, or as the case may be, the Talu k Panchayat of the new district, or as the case may be, the Taluk Panchayat of the new taluk: or (ii) for removing difficulties arising in connection with the working of the existing Zilla Panchayat or existing Taluk Panchayat or the Zilla Panchayat of t he new district or Taluk Panchayat of the new taluk.]1

District or Taluk in another Panchayat area, Taluk or District.

303. Transfer of property may be subject to conditions. - The grant, lease, sale or other transfer of moveable or immovable property by a Grama Panchayat, Taluk Panchayat or Zilla Panchayat may be subjected to such conditions as the Grama Panchayat, Taluk Panchayat or Zilla Panchayat may specify.

304. Saving of acts and proceedings. - No act done or proceedings taken under this Act shall be questioned on the ground merely of any defect or irregularity not affecting the merits of the case.

305. Pr ocedure for consultation. - Whenever any action has to be taken under this Act after consultation with any authority or body, such consultation shall be deemed to have been made if the authority or body concerned had been informed of the proposed action an d given a reasonable time to furnish its views.

306. Method of serving notices, etc. - (1) Save as otherwise provided in this Act , the service of any notice or other document under this Act or order made thereunder on any person to whom it is by name add ressed shall be affected, - (a) by giving or tendering the said notice or document to such person, or (b) if such person in not found by leaving such notice or document at his last known place of residence or business, or by giving or tendering the same to some adult member or servant of his family, or (c) if such person does not reside in the village or town and his address elsewhere is known to the officer directing the issue of such notice or document by sending the same to him by registered post, o r (d) if none of the means aforesaid be available, by affixing such notice or document on some conspicuous part of the house, if any , in which the person is known to have last resided or carried on business or personally worked for gain. (2) When any n otice or other document has to be served upon an owner or occupier of any building or land, it shall not be necessary to name the owner or occupier therein, and the service thereof in cases not otherwise specially provided for in this Act, shall be effecte d either, - (a) by giving or tendering the notice or document to the owner or occupier or if there be more owners or occupiers than one, to any one of them, or 189 (b) if no such owner or occupier be found, then by giving or tendering the notice or document to some adult member or servant of the family of any such owner or occupier as aforesaid, or (c) if none of the means aforesaid be available, then by causing the notice or document to be affixed upon some conspicuous part of the building or land to whic h the same relates. (3) Every notice which this Act requires or empowers a Grama Panchayat, Taluk Panchayat or Zilla Panchayat to give or to serve either as a public notice, or generally, or by provisions which do not expressly require notice to be give n to individuals therein specified shall be deemed to have been sufficiently given or served if a copy thereof is put up in such conspicuous part of the office of the Grama Panchayat, Taluk Panchayat or Zilla Panchayat, as the case may be, during such pe riod and in such other public buildings and places, or is published in such local papers or in such other manner as the Grama Panchayat, Taluk Panchayat or Zilla Panchayat may in this behalf direct. (4) No notice or bill shall be invalid for defect of f orm. (5) Whenever in any notice or other document served under this Act or the rules, regulations , bye -laws or order made thereunder, a period is fixed within which any tax or other sum is to be paid or any work executed or anything provided such period shall, in the absence of any provision to the contrary in this Act, or the said rules, regulations, bye -laws or orders thereunder, be calculated from the date of such service. (6) When any notice under this Act, or any rule, regulation, bye -law or order r equires any act to be done for which no time is fixed the notice shall fix a reasonable time for doing the same. (7) In the event of non -compliance with the terms of the notice it shall be lawful for the Grama Panchayat, Taluk Panchayat or Zilla Panchayat or an officer authorised by it to take such action or such steps as may be necessary for the doing of the act thereby required to be done, and all the expenses therein incurred by the Grama Panchayat, Taluk Panchayat or Zilla Panchayat shall be paid by th e person or persons upon whom the notice was served, and shall be recoverable in the manner provided under Chapter XIII.

307. Official display of flag. - (1) No person shall fly any flag other than the National Flag or flag approved by the Government on the office of the Grama Panchayat or Taluk Panchayat or Zilla Panchayat. (2) Whoever contravenes sub -section (1) shall be punished with imprisonment for a term which may extend to three months or with fine which may extend to rupees five thousand or with both and in the case of continuing contravention with a further fine which may extend to rupees five hundred for each day during which the contravention continues.

308. State Election Commission. - (1) The superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to the Grama Panchayat, Taluk Panchayat or Zilla Panchayat 1[and the power of 2[XXX]2 enforcement of the code of conduct in respect such elections ]1 shall be vested in the State Election Co mmission consisting of a State Election Commissioner to be appointed by the Governor. 1. Inser ted by Act 44 of 2015 w.e.f. 25.02.2016. (2) The conditions of service and tenure of office of the State Election Commissioner shall be such as the Governor may by rule determine: 190 Provided that the State Election Commissioner shall not be removed from his office except in like manner and on the like grounds as a judge of a High Court and conditions of service of th e State Election Commissioner shall not be varied to his disadvantage after his appointment. 1[(2A) The commissioner may resign his office by writing under his hand and addressed to the Governor, but he shall continue in the office until his resignation is accepted by the Governor; (2B) A casual vacancy created by the resignation of the commissioner under sub - section (5) or for any other reason may be filled by fresh appointment; Provided that such appointment shall be made as soon as may be, within one mo nth from the date of the vacancy, (2C) The Government shall prescribe the financial powers of the State Election Commissioner and allocate funds commensurate with the functions and responsibilities, for incurring establishment and election related expendit ure ensuring flexibility for getting procurements needed for conduct of elections and also freedom to divert funds between different heads of account; (2D) The State Election Commission shall determine its own procedure ]1 1. Inser ted by Act 44 of 201 5 w.e.f. 25.02.2016. (3) The Governor shall when so requested by the State Election Commission, make available to the State Election Commission such staff as may be necessary for the discharge of the functions co nferred on the State Election Commission u nder sub -section (1). 1[Provided that the State Election Commissioner may also draft employees of state undertakings in the public sector for conducting elections to panchayats and to exclude any class of public servants including the local police from be ing employed in election duties relating to panchayats ]1 1. Inser ted by Act 44 of 2015 w.e.f. 25.02.2016.

1[308A. Staff of certain authorities to be made available for election work. – (1) The authorities specified in sub -section (2) shall, when so reque sted by the state election commissioner make available to any returning officer such staff as may be necessary for the performance of any duties in connection with an election. (2) The following shall be authorities for the purpose of sub -section (1), name ly: – (i) every local authority; (ii) every Government university established under law; (iii) a Government company; (iv) any other institutions including banks, corporation or undertaking which are controlled or financed directly by the Government; ]1

308B. Lodging of account with the returning officer. - Every contesting candidate at the election to the Zilla Panchayat or Taluk Panchayat under this Act shall within thirty days from the date of election of the returned candidate or, if there are more than one returned candidate at the election and the dates of the election are diffe rent, the later of those two dates lodge with the Returning Officer appointed at an election under this Act an account of his election expenses which shall be a true copy of the account kept by him or by his election agent under section 1[308 AD]1.

308C. Failure to lodge an account of election expenses. - If the State Election Commission is satisfied that any person, - (a) has failed to lodge an account of election expenses within the time and in the manner required by or under this Act; and (b) has no good reason or justification for the failure; the State Election Commission shall by order published in the Official Gazette declare him to be disqualified and any such person shall be disqu alified for a period of six years from the date of the order.

308D. Returning Officer etc., deemed to be on deputation to State Election Commission. - The returning officers, presiding officers, polling officers and any other officer or staff employed in connection with the preparation, revision and correction of electrol roll for, and the conduct of all elections to the Zilla Panchayat, Taluk Panchayat and Grama Panchayat shall be deemed to be on deputation to the State Election Commission for the period during which they are so employed and such officers and staff shall, during that period, be subject to the control, superintendence and discipline of the State Election Commission. If during that period the officer concerned commits any misconduct acti on shall be taken against him under the Karnataka Civil Services (Classification, Control and Appeal) Rules, 195 7]1. 1. Sections 308A to 308D Inserted by Act 37 of 2003 w.e.f. 1.10.2003. 193 1[308-E. Constitution of the Karnataka Panchayat Raj Delimitation Commis sion. -(1) The State Government shall constitute a Commission called the Karnataka Panchayat Raj Delimitation Commission consisting of the following members, namely: - Retired Chief Secretary or Additional Chief Secretary to be appointed by the Government Chairman Retired Secretary to Government or a retired officer equivalent in the rank of Secretary to Government with experience in Rural Development, Decentralization and Panchayat Raj issues to be appointed by the Government . Member One expert in Rural Development and Panchayat Raj sector to be nominated by the Government. Member Commissioner of Panchayat Raj Department. Ex-Officio Member Director, Panchayat Raj, and ex -officio Joint Secretary to Government, dealing with Taluk Panchayat and Zilla Panch ayat in Rural Development and Panchayat Raj Department. Ex-Officio Member Secretary (2) The headquarters of the Karnataka Panchayat Raj Delimitation Commission shall be at Bengaluru. 308-F. Functions of the Karnataka Panchayat Raj Delimitation Commission .- The Karnataka Panchayat Raj Delimitation Commission shall perform the following functions, namely: - (i) to make recommendations for fixing the total number of members to be elected to every Grama Panchayat, Taluk Panchayat and Zilla Panchayat o n the basis of population as ascertained at the last preceding census of which the relevant figures have been published in the Official Gazette; (ii) to make recommendations for dividing the area of every Grama Panchayat or Taluk Panchayat or Zilla Panch ayat into as many wards or constituencies as the number of members required to be elected to that Grama Panchayat or Taluk Panchayat or Zilla Panchayat on the basis of the relevant census figures at the last preceding census that have been published; (iii) to make recommendations for determining the boundaries of the Wards or Constituencies of every Grama Panchayat or Taluk Panchayat or Zilla panchayat; (iv) to make recommendations with a view to ensuring that the population of each ward or constituenc ies in every Grama Panchayat or Taluk Panchayat or Zilla panchayat shall, as far as practicable, be the same throughout that Grama Panchayat or Taluk Panchayat or Zilla Panchayat; (v) to make recommendations to have every territorial wards or constituenci es , as far as practicable, be geographically compact area; and (vi) to perform such other functions as the Government may specify from time to time: Provided that, the Commission before making recommendations to the Government shall invite objections an d give an opportunity of being heard to the public under this section. 194 308-G Powers of the Karnataka Panchayat Raj Delimitation Commission. - (1) The Karnataka Panchayat Raj Delimitation Commission shall determine its own procedure and shall, in the Perform ance of its functions, have all the powers of a Civil Court under the Code of Civil Procedure, 1908, (Central Act V of 1908) while trying a suit, in respect of the following matters, namely: - (i) summoning and enforcing the attendance of witnesses; (ii) requiring the production of any document; and (iii) requisitioning any public record from any Office. (2) The Karnataka Panchayat Raj Delimitation Commission shall have power to require any person to furnish any information on such points or matters as in the opinion of the Commission may be useful for, or relevant to, any matter under the consideration of the Commission. (3) The Karnataka Panchayat Raj Delimitation Commission may authorize any of its members to exercise any of the powers conferred on it by clauses (i), ( ii) and (iii) of sub - section (1) and sub -section (2), and any order made or act done in exercise of any of those powers by the member authorized by the Delimitation commission in that behalf shall be deemed order of the Commission or the Act, as the case m ay be, of the Delimitation Commission. 308-H. Meeting of the Karnataka Panchayat Raj Delimitation Commission. - The Delimitation Commission shall meet, as often as may be necessary, at such time and place and observe such rules of procedure as may be provid ed in the Act. 308-I. Employees of the Karnataka Panchayat Raj Delimitation Commission. - The Government shall appoint or depute such number of employees as may be necessary for the efficient performance of its functions. 308-J. Power to issue Directions .- The Government may issue to the Delimitation Commission such directions as in its opinion are necessary or expedient for carrying out the purposes of this Act and the Delimitation Commission shall give effect to all such directions. 308-K. Proceedings o f the Delimitation Commission not to be invalidated by vacancies or absence. - The Delimitation Commission shall have power to act notwithstanding the temporary absence of a member or the existence of a vacancy in the Commission and no act or proceeding of the Delimitation commission shall be invalid or called in question on the ground merely of such temporary absence or of the existence of such vacancy. 308-L. Protection of action of taken in good faith. - No suit or other legal proceeding shall lie against the Government, the Delimitation Commission or any member thereof or any employee or person acting under the direction of the Government or the Delimitation Commission, in respect of anything which is in good faith done or intended to be done in pursuance of this Act or regulations, orders or directions made or issued under this Act. 308-M. Power to remove difficulties. -If any difficulty arises in giving effect to the provisions of this Act, the Government may, as occasion requires, by order, not inconsist ent with the provisions of this Act, do anything which appears to be necessary or expedient for the purpose of removing the difficulty.]1

1[308AA. 2[Schedule of elections ]2.– The State Election Commission shall complete the election process before the expiry of the term of the panchayat and shall 2[published]2 the reservation of seats and the 2[schedule of elections ]2, not less than forty five days before the issue of notification of calendar of events. ]1

1[308AB. Notification of dates for nominations etc. – 4[2[(1) On publication of the schedule of election to elect the members is published by the State Election Commission, the Deputy Commissioner shall by notification in the Official Gazette, notify ]2]4 (a) the last date for making nominations which shall be 3[the fourth working day]3 after the date of publication of the first mentioned notification or if that day is a public holiday, the next succeeding day which is not a public holiday; 191 (b) the date for the scrutiny of nominations, wh ich shall be the day immediately following the last day for filing nominations or if that day is a public holiday, the next succeeding day which is not a public holiday; (c) the last date for the withdrawal of nominations, which shall be the second day after the date of scrutiny of nominations or, if that day is a public holiday, the next succeeding day which is not a public holiday; (d) the date or the dates on which a poll shall, if necessary, be taken or the first of which shall be a date 3[not earlier than ]3 in the case of Gram Panchayat the fifth day, and in case of Taluk Panchayat and Zilla Panchayat the seventh day, after the last date for the withdrawal of candidature; (e) the date before which the election shall be completed; (f) The process of election of membe rs to the panchayats shall, as far as may be, conclude within ten working days of the issue of the notification of election. ]1

1[308AC. Prevention of corrupt practices during elections. – (1) The state election commission shall with a view to prevent corrupt practices like bribe and undue influe nce during elections, take the following steps, namely: – (a) the code of conduct shall be brought into force from the date of notification of election to the date of declaration of results; (b) returning officers at the polling booths shall ensure video -graphic recording of the proceedings of the election at 2[hyper sensitive]2 polling station; (c) all liquor shops and liquor manufacturing units within the Panchayat area where the code of conduct is in force shall be completely closed over 2[during the peri od of forty eight hours before closing the polling of election. ]2 The owners, occupiers and the managers, as the case may be, of the liquor shops and liquor manufacturing units shall seal their units during the period 2[forty eight hours before closing the polling of election ]2 and deposit the seal and the keys with the deputy commissioner or the jurisdictional executive magistrate. Anybody found in possession of liquor or creating public nuisance after consuming liquor during the closer period of liquor sh ops shall be kept in preventive custody till completion of the polling date. Violations of the code conduct during the period shall be a cognizable and non -bailable offence and be punishable with fine and imprisonment under relevant law for the time being in force.]1 1[308-AD. Account of election expenses and maximum thereof. - (1) Every candidate at an election to Zilla Panchayat or Taluk Panchayat under this Act shall either by himself or by his election agent, keep a separate and correct account of all expenditure in connection with the election, incurred or authorized by him or by his election agent between the date of which he has been nominated and the date of declaration of the result thereof, both dates inclusive. (2) Any expenditure incurred or authorized in connection with the election of the candidate referred to in sub -section (1) by a political party or by any other assoc iation or body or persons or by any individual (other than the candidate or his election agent) shall not be deemed to be the expenditure in connection with the election incurred or authorized by the candidate or by his election agent for the purpose of su b-section (1). 192 Explanation 1: For the purposes of this sub -section, ‘Political Party’ shall have the same meaning as in the Election Symbols (Reservation and Allotment) Order, 1968 for the time being in force. Explanation 2: For the removal of dou bts, it is hereby declared that any expenditure incurred in respect of any arrangement made facilities provided or any other act or thing done by any person in the service of the Government or the service of the Zilla Panchayat or Taluk Panchayat as the ca se may be, the discharge or purported discharge of his official duty for, or to, or in relation to any candidate or his election agent or any other person acting with the consent of the candidate or his election agent (whether by reason of the office held by the candidate or for any other reason) shall not be deemed to be expenditure in connection with the election incurred or authorized by a candidate or by his election agent for the purpose of this section. (3) The account shall contain such particulars as may be prescribed. (4) The total of the said expenditure shall not exceed such amount as may be prescribed.]1

309. Preparation of Development Plan. - (1) Every Grama Panchayat sh all 1[having due regard to the development programes suggested by the Grama Sabha]1 prepare every year 195 a development plan and 1[forward]1 it to the Taluk Panchayat before such date and in such form as may be prescribed. (2) Every Taluk Panchayat shall prepare every year a development plan for the Taluk after including the development plans of the Grama Panchayats and 1[forward]1 it to the Zilla Panchayat before such date and in such form as may be prescr ibed. (3) Every Zilla Panchayat shall prepare every year a development plan of the district after including the development plans of the Taluk Panchayats and 1[forward]1 it to the District Planning Co mmittee constituted under section 310. 1[(4) All planning shall be done to meet the needs from the village level to the state level, through the taluk planning and development committees and the distri ct planning committees ]1 1. Inser ted by Act 44 of 2015 w.e.f. 25.02.2016.

1[309A. Decentralized planning for panchayats. – (1) Panchayats as institutions of local self -Government shall achieve all -round development coupled with social justice, development s hall be planned from the grassroot level to assess, determine and prioritize the needs of all sections of the people with emphasis on the interests of the vulnerable sections of society.

309B. Vision Plan. – (1) Every newly elected Gram Panchayat shall, w ithin three months from the date of constitution enable the members of the Habitation sabha, Ward Sabha and Gram Sabhas to carry out a participatory rural appraisal that maps the resources, population and needs of its area. (2) Gram Panchayat shall prepar e a forward looking vision plan for the whole term of the panchayat based on development benchmarks established by local, State and Central Governments to set targets and develop outcome indicators for measuring using performance management system. (3) Th e vision plan shall form the basis of constructing needs -based annual plans for each year for the next five years of its term. prioritisation of issues shall be based on priority ranking method as laid down in the responsibility map. (4) Subject to the av ailability of funds during the next financial year, every Gram Panchayat shall forward their annual draft plans to the taluk planning and development committee for consolidation and integration within October of the current year. Explanation: For the purpo se of section 309A, 309B and wherever the said terms appear in the Act, - (1) “Participatory rural appraisal” involves the study, analysis and appraisal of factors undertaken in relation to the long term vision plan or the annual plans of panchayats under this Act ; (2) “Performance management system” means a scientifically based, data -oriented management system consisting of three primary elements -measurement, feedback and positive reinforcement and includes activities which ensure that goals are consist ently met in an effective and efficient manner through a process of alignment of resources, systems and employees to achieve strategic objectives and priorities; (3) “Priority ranking method” means the course of prioritizing of beneficiaries under the var ious schemes, programmes and plans taking into consideration the backwardness of the area, urgency of need, level of impact and coverage; 196

309C. Taluk Panchayat plan. – (1) The Taluk Panchayats shall be responsible for consolidating the plans in digital fo rm of all Gram Panchayats at the Taluk level to place them before the taluk planning and development committee constituted under section 309D. (2) The Taluk Panchayat shall also send a digital copy of this plan to the zilla panchayat.

309D. Taluk plannin g and development committee. – (1) There shall be established in every Taluk, a Taluk planning and development committee for the purpose carrying out the integration of planning at the taluk level consisting of: - i. Member of Legislative Assembly representing major parts of the Taluk Chairman 1[i-a the member of the Legislative council registered as voter in that Taluk. Vice chairman]1 ii. The Adhyaksha of the concerned Taluk Panchayat, 2[Member ]2 iii. The president of the largest urban local - self-Government at the headquarters of the taluk, 2[Member ]2 iv. One Adhyaksha from a Gram Panchayat selected by lot from among the Adhyaksha of all the Gram Panchayats in the taluk 2[Member]2 v. Members of the house of people and the State Legislative Assembly representing a part or whole of the taluk, whose constituencies lie within the taluk; members of the council of states and the state legislative council who are registered as electors within the taluk Members. vi. The Upadhyaksha of concerned Taluk Panchayat. Members. vii. The chairman of social justice committee. Members. viii. Five Adhyakshas as Grama Panchayat drawn by lot among whom one shall be a woman and one person belonging to Scheduled Castes and one person from Scheduled Tribe Special Invitees ix. The Presidents of the AP MC situated within the Taluk Special Invitees x. The President of the PCARD situated withing the Taluk Special Invitees xi. The District manager of the District lead bank. Special Invitees xii. Three experts. one from the Technical Sector (Principal of Engineeri ng college/ polytechnic/ITI of concerned Taluk) and one from service sector (Principal from local college of (social science)), one from rural development (Director Krishi Vignana Kendra) Special Invitees 197 (2) The executive officer of the concerned Taluk Panchayat shall be the Member Secretary of the committee. (3) The Chief Executive Officer of the concerned shall nominate special invitees or ex-officio members. The term of these members shall be co -terminus with the term of the Taluk Panchayat and in respect of an ex -officio members shall be co -terminus with the term of the member or term of the Taluk Panchayat whichever is earlier.

309E. The process of planning and development. – (1) The Taluk planning and development committee shall receive the draft annual plans submitted by all the panchayats and the urban local self -Governments and consolidate them sector -wise identifying the priorities of each sector at the Taluk level. (2) The process of integration at the intermediary level shall be achieved by means of prioritisation of issues following the method of priority mapping and consolidation of the plans. (3) Nothing contained in this section shall be construed as authorising the taluk planning and development committee to change, modify or alter the demands or priorities indicated in the plans of the Gram Panchayats, Taluk Panchayat or urban local self - Gover nments as the case may be. (4) planning at the intermediate level shall be the result of consolidation with the object of identifying the priorities of each individual unit of Local self -Government that shall involve, - (i) spatial integration, means inte gration of schemes that run through one or more local authorities; (ii) sectoral integration, which means integration of several schemes relating to a larger sector; (iii) cross -sectoral integration means which aimed to ensure maximum impact from differe nt interventions, by drawing resources from various schemes; (iv) vertical integration, means which separates out what has to be done at higher Panchayat levels; (v) Integration of resources, means which looks at identifying and planning the channelizati on of several schemes both centrally sponsored and State sponsored, which panchayats can utilise, integrate into local plans and to which they can contribute additional resources;

309F. Zilla Panchayat Plan. – The Zilla Panchayats shall be responsible for preparing the draft plan of the Zilla Panchayat and consolidation of the plans of the Taluk Panchayats at the district level and place before the district planning committee.

309G. District development plan. – (1) The District Planning Committee shall, subject to the availability of funds, prepare the draft development plan with regard to, - (i) the matters of common interest between the panchayats and urban local authorities in the district, including spatial planning, sharing of water and other physical a nd natural resource, the integrated development of infrastructures and environmental conservation; and (ii) the extent and type of available resources whether financial or otherwise. (2) The District Planning Committee shall link the plans of panchayats and urban local bodies and other planning units to provide for mutual consultation and negotiations between them and also provide the framework for integrating the sectoral and spatial aspects of urban and rural plans. (3) The process of consolidation and integration by the district planning committee shall not alter the plans prepared by the taluk planning and development committee but the 198 plans which are already included earlier or included in other plans shall not again be included. (4) The district pl anning committee may, while preparing the consolidated plan, consult such institutions and organisations as the Government may, by order, specify. (5) After the process of consolidation and integration is completed, the district planning committee shall f orward the consolidated plan of the district to the Government through the decentralized planning and development committee for integration into the state plan.

309H. Action taken report. – (1) Once in six months an action taken report of progress against plans shall be prepared by Gram Panchayat, Taluk Panchayat and Zilla Panchayat stating resource availability, implementation or reasons for inability to implement or projects or schemes outlined in the annual plan against set targets and using the outcome indicators for measuring them. (2) All the Gram Panchayats shall submit their reports to the concerned Taluk Panchayat. The Taluk Panchayat shall consolidate the reports of all Gram Panchayats and include their own report and present to the Zilla panchaya t and the Zilla panchayats shall consolidate the reports of all the Taluk Panchayats and include their own report and present the same to the District planning committee. (3) The consolidated report of the Gram Panchayats shall be presented to the Gram sabha at their next meeting. (4) Similarly, the reports of the Taluk and Zilla panchayats shall be made available to the Gram Panchayats for presentation to the Gram Sabhas. ]1 1. Inser ted by Act 44 of 2015 w.e.f. 25.02.2016.

310. District Planning Commit tee.- (1) The Government shall constitute in every district a District Planning Committee to consolidate the plans prepared by the Zilla Panchayats, Taluk Panchayats, Grama Panchayats, 1[Town Panchayat]1, Municipal Cou 318ncil and Municipal Corporations in the district and to prepare a draft development plan for the district as a whole. 1[(2) The district planni ng committee shall consist of, - 3[(a) The Minister in charge of the concerned District - Chair -person (b) The Adhyaksha of the Zilla Panchayat - Co-Chairperson (b-1) The Mayor or the President of the concerned City Corporation or Municipalities at the District head quarters - Vice-Chairperson ]3 (c)The presidents of the Taluk Panchayat who is th e ex-officio co -chairperson of Taluk Planning and Development Committee ---Member (d) The vice -chairperson of the Taluk Planning and Development Committee (elected by Gram Panchayat of the taluk) from each Taluk in the district ------------ Member 2[(e) such number of person not less than four fifth of the total number of members of committees as may be specified by the Government elected in the prescribed manner from amongst the membe rs of the Zilla Panchayats, Taluk Panchayats, Town Panchayats and Councilors of the Municipal corporations and Municipal councils in the district in proportion to the ratio between population of the rural areas and urban areas in the District. ]1]2 1. Substitu ted by Act 44 of 2015 w.e.f. 25.02.2016. 3. Substit uted by Act 19 of 2022 w.e.f. 05 .04.2022. 1[(3) the members of the House of people who represent the whole or part of the district, the me mbers of the council of states who are registered as electors in the district, all the members of the state legislative assembly whose constituencies lie within the district, the 199 members of the state legislative council whose names are registered as voter in the district, and the deputy commissioner of the district shall be permanent invitees on the district planning committee ]1 1. Substitu ted by Act 44 of 2015 w.e.f. 25.02.2016. (4) The Chief Executive officer shall be the Secretary of the committee. 3[2[1[(5) XXX.]1]2]3 2. Substitu ted by Act 44 of 2015 w.e.f. 25.02.2016. 3. Omi tted by Act 19 of 2022 w.e.f. 05 .04.2022. (6) The District Planning Committee shall consolidate the plans prepared by the Z illa Panchayats, Taluk Panchayats, Grama Panchayats, 1[Town Panchayats]1 Municipal Councils and the Municipal Corporations in the district and prepare a draft development plan for the district as a whole. (7) Every District Planning Committee shall in preparing the draft development plan, - (a) have regard to, - (i) the matters of common interest between the Zilla Panchayats, Taluk Panchayats, Grama Panchayats, 1[Town Panchayats]1, Municipal Corpora tions and Municipal Councils in the district, including spatial planning, sharing of water and other physical and natural resource, the integrated development of infrastructures and environmental conservation; (ii) the extent and type of available resources whether financial or otherwise: 1[Provided that it shall not result in the alteration of the plans prepared by the local bodies referred to in item (i), but the recommendations of the District Pl anning Committee, if any, may be considered by such local bodies before finalising the plan.]1 (b) consult such institutions and organisations as the Governor may, by order, specify. (8) The Chairperson s of every District Planning Committee shall forward the development plan, 1[for being integrated into the State plan]1 as recommended by such committee to the Government.

1[310A. State Panchayat Council .- (1) The Government shall constitute a State Panchayat Council to act as a forum for elected representatives to voice their aspirations and offer their suggestions to improve the Panchayat Raj system and make it more responsive to the peoples' needs. (2) The State Panchayat Council shall consist of, - (i) the Chief Minister as Chairman, (ii) the Minister for rural Development and Panchayat Raj as Vice -Chairman, (iii) five other ministers nominated by the Government as members, 2[(iv) 3[Adhyakshas of all the Zilla panchayats ]3 as members; (v) 3[the Adhyakshas of four Gram Panchayats, one from each revenue division ]3 and one Taluk Panchayath nominated by 4[the Government]4 as members and; 200 (vi) five Members of Legislative Assembly nominated by t he Speaker of the Legislative Assembly and two Members of Legislative Council nominated by the Chairman of the Legislative Council as members; and (vii) Secretary, Department of Rural Development and Panchayat Raj as member - secretary.]2 (3) The State Panchayat Council shall meet at least once in a year. (4) The State Panchayat Council shall discuss matters relating to functioning of the panchayats in the State.]1 1. Subsection 1 to 4 Inserted by Act 29 of 1997 w.e.f. 20.10.1997. 2. Substi tuted by Act 37 of 2003 w.e.f. 1.10.2003. 3. Inser ted by Act 44 of 2015 w.e.f. 25.02.2016.

1[310B. Karnataka state decentralised planning and development Committee, – (1) There shall be established a co mmittee called the Karnataka State Decentralised Planning and Development Committee to enable the Government to formulate development plans and the annual economic review to be presented along with the budget document. (2) The Karnataka state decentralize d planning and development committee shall consist of, - 1 Chairperson The Chief Minister 2 Vice-Chairperson 1. The Minister for Rural Development and Panchayat Raj 2. The Finance Minister 3. The Minister Incharge of Planning 4. The Minister for Urban D evelopment One non -official Member who is an expert in the field of Socio -Economic Development nominated by the Government 3 Members: 1. Development Commissioner of the State. 2. Principal Secretary, RDPR 3. Principal Secretary, Urban Development. 4. The Principal Secretary, Finance 5. Two MLCs representing the Local Bodies nominated by the Government 6. Eight Members nominated by the Government consisting of,- (a) Two Chairpersons of The District Planning Committees one from each revenue division (b) Two Chairpersons of the Taluk Planning and Development Committees - one from each revenue division (c) Two Chairpersons of the Gram Panchayats - one from each revenue division (d) Two Chairpersons of Urban Local Bodies one representing the City Corporations , one representing the City Municipal Councils or one representing Town Panchayats and one representing the Town Municipalities Provided that of the eight at least one shall be a woman, one 201 representative of the Scheduled Castes, one a representative of t he Scheduled Tribes and one a representative of the other backward classes including minority groups (e) Five persons who are experts, from the fields of Agriculture and allied activities, Industry, Rural and Urban Development, Gender subjects (who shall be a woman), Child Rights who shall be a child rights activist, Finance, Town and Country Planning and Environment and Water Conservation nominated by the Government 2[3-A Special Invitee Vice-Chairperson of the Karnataka State Policy and Planning Commi ssion]2 4 Member Secretary The Principal Secretary to Government or Secretary to Government in charge of Planning Department. (3) The term of the non -official members specified in sub -section (2) other than ex - officio members shall be for period of five years or shall be co -terminus with the term of their office whichever is earlier. (4) The functions of the Karnataka State Decentralised Planning and Development Committee shall be as follows: – (a) The karnataka state decentralised planning and develo pment committee (KSDPDC) shall link the plans of districts and other planning units to provide for mutual consultation and negotiations between them and also provide the framework for integrating the sectoral and spatial aspects of urban and rural plans. (b) The process of consolidation and integration by the KSDPDC shall not alter the plans prepared by the districts. (c) The committee may, while preparing the consolidated plan, consult such institutions and organisations as the Government may, by order, sp ecify. (d) Soon after the process of consolidation and integration is completed, the committee shall forward the consolidated plan to the Government. (e) The committee shall also look after formulation of policy matters related to local development and reg ional development, co -ordination of districts and state plans and designing policies to strengthen local bodies. ]1 1. Inser ted by Act 44 of 2015 w.e.f. 25.02.2016. 2. Ins erted by Act 19 of 2022 w.e.f.05 .04.2022. 1[CHAPTER XIX RULES, REGULATIONS AND BYE -LAWS]1 1. Inser ted by Act 44 of 2015 w.e.f. 25.02.2016.