Chapter II GRAMA SABHA

1[3. Units of Gram Swaraj. – (1) The units of gram swaraj shall be habitation sabha, Ward Sabha and gram sabha. (2) There shall be as many habitation sabhas as there are habitations notified as such by the Deputy Commissioner of the district specifying the areas of habitation. (3) There shall be as many Ward Sabhas as there are wards within the limits of a Gram Panchayat; and (4) There shall be a Gram Sabha for each Gram Panchayat consisting of all persons whose names are registered as voters on the electoral rolls of concerned village within the Gram Panchayat ]1 1. Substitu ted by Act 44 of 2015 w.e.f. 25.02.2016 . 35

1[3A. Functions and powers of the Habitation sabha. – (1) The functions of habit ation sabha within their respective jurisdiction, shall be to assist the Ward Sabha and gram sabha and also includes the following functions namely, - (i) uphold social justice congenial for all people generally, in particular to the people of the vulne rable sections of the society to exercise their rights; (ii) identify hazards and suggest measures for the safety, security and freedom of all the residents of the habitation and in general of the village. in an environment that is clean and healthy; (iii) assist the Gram Panchayat to conduct surveys or participation of the residents in rural appraisals to collect essential socio -economic data and assess the needs of residents and their requirements for the development of the habitation in order to enab le the Gram Panchayat to compile and draw up the vision plan; (iv) fix the priority among the economic, social, cultural and environmental development programmes and schemes to be implemented in the area of the habitation, taking into account the interes ts of every group constituting the habitation and place them before the Gram Sabha for inclusion in the vision plan and the annual development plans of the Gram Panchayat; (v) priortise the location of installation of street lights, providing community w ater taps, public wells, public sanitation units, irrigation facilities and such other public amenity schemes and identify the deficiencies and suggest remedial measures and report the satisfactory completion of the works and manage a clean and healthy atm osphere in the habitation; (vi) identify the deficiencies in the water supply and street lighting arrangements in the area of habitation and suggest remedial measures; (vii) identify and select the most eligible beneficiaries from the area of habitatio n under poverty alleviation and other welfare programmes on the basis of criteria fixed and prepare list of the eligible beneficiaries in the order of priority; (viii) assist the gram sabha and the Gram Panchayat in planning, monitoring and implementing the plans, schemes and projects undertaken; (ix) initiate action to prevent discrimination on the basis of caste, religion and sex in the area of habitation; (x) assist the Gram Panchayat to eradicate untouchability, social boycotts of any kind and oth er types of social exclusions in promoting harmony and unity among various groups of people in the area of the habitation; (xi) organise cultural festivals, literary activities and sporting events to promote and nurture local games, athletics, the litera ture, arts and culture of the area and provide opportunities for the residents to express their talents; (xii) impart awareness on the matters of public interest such as cleanliness, preservation of the environment, prevention of public nuisance, pollut ion and ensure public peace, safety and security of all people; (xiii) address issues of water conservation, preservation of natural habitat and recycling of bio -degradable waste; (xiv) promote programmes of adult education, enhancing literacy and educ ation levels and family -counseling, character building and de -addiction of liquor, narcotic drugs and smoking among the youth, adults and senior citizens; (xv) promote at village level, small and medium industries, businesses and commercial enterprises i n consultation with associations of women, youth and senior citizens and provide training and capacity building opportunities for employment and send proposals to the Gram Sabha for necessary action; (xvi) monitor the functioning of public health centre’ s in the area of the habitation and assist in the implementation of health programmes, especially in the prevention of infectious diseases and promote family welfare measures and promptly report the incidence of 36 epidemics and natural calamities to the Gram Panchayat, the elected members and concerned panchayat functionaries; (xvii) take care of public properties such as gomaala, pasture lands, tanks, tank beds, ground water sources, roads, bridges, mines etc., within the area of habitation and the Gram Panchayat with a view to their conservation or maintenance; (xviii) revive and develop folk arts, handicrafts, home and cottage industries; (xix) provide and mobilise voluntary labour and contributions in cash and kind for development work and supervise such development work through volunteer teams; (xx) assist functionaries of the Gram Panchayat in providing sanitation arrangements in the area of habitation and render voluntary service to create clean and hygienic environment free from open defecatio n and in the removal of garbage; and (xxi) persuade the residents of the habitation to pay taxes and to repay loans owed to the Gram Panchayat; (2) Every habitation sabha shall have the power to, - (i) get information from the functionaries of the Gram Panc hayat as to the services they shall render, the programmes and projects they shall implement and the public works they propose to carry out in the succeeding period of six months after the meeting of the habitation sabha; (ii) get information from the Gram Pan chayat on the follow up action taken on the decisions of the gram sabha in relation to that habitation; (iii) assist the Gram Panchayat to prevent any other activity prejudicial to public interest or health and safety to the residents of the habitation;

3B. M eetings of Habitation sabha. – (1) A habitation sabha shall meet at such place as may be decided by the elected member of ward to transact its business at least once in six months which shall be at least one month ahead of the meeting of the gram sabha. (2) The habitation sabha shall be presided by the elected member of the ward representing the habitation and in his absence, shall be presided by any other voter of the Gram Panchayat elected from the said habitation sabha at the meeting. In case there are more than one member representing the ward a member elected among themselves in the grama panchayat shall convene and preside over the meeting; (3) Where an elected member of the ward in the habitation fails to convene and preside over a meeting of the h abitation sabha, when due or is necessary, the concerned panchayat development officer or secretary, as the case may be, shall convene such meeting and any other voter of the Gram Panchayat as may be elected by the members present at the meeting of the hab itation sabha shall preside over the meeting; (4) The quorum for the meeting of a habitation sabha shall be not less than one -fifth of the total voters or twenty members of the habitation sabha, whichever is less, of whom at least thirty percent of the vo ters shall be women and persons belonging to the scheduled castes and the scheduled tribes in proportion to their population; Provided that no quorum shall be required for an adjourned meeting; (5) Resolutions in respect of any subject in the meeting held shall be passed by a majority of the members present and voting: Provided that, the needs outlined by the affected group and habitation sabha at their meetings shall be taken up at the meeting of the habitation sabha and shall be recorded as its own and f orwarded to the Gram Sabha for being placed before it; (6) The procedure for convening and conducting the meetings shall be such as may be prescribed; (7) Notwithstanding anything contained in sub -section (1) a special meeting of the habitation sabha s hall be convened by the panchayat development officer or secretary, as the case may be, where at least ten percent of the voters of the habitation make a request in writing, specifying the subject for the meeting; Provided that no two special meetings sha ll be held within a period of three months; 37 (8) Notwithstanding anything contained in sub -sections (1) or (2), an emergency meeting of the habitation may be convened by the member of the ward elected from the area of the concerned habitation whenever a n atural calamity has occurred or a matter of urgent public importance has arisen and the elected members of the said habitation and the Adhyaksha or the Upadhyaksha or any elected members of the concerned Gram Panchayat shall attend such emergency meeting. The Adhyaksha shall preside over such meeting and in his absence, Upadhyaksha shall preside over the meeting. (9) Nothing contained in sub -section (1), shall be construed as preventing affected group coming together as often as required to hold meetings among themselves and outline the developmental needs of their group along with suggestions for being placed before the gram sabha at its regular meetings.

3C. Ward Sabha. – The functions of Ward Sabha within their respective jurisdiction, shall be to as sist the gram sabha and also include the following functions namely, - (i) to generate proposals and determine the priority of schemes and development programmes to be implemented in the area of the Ward Sabha and forward the same to the gram sabha for inclusi on in the concerned Gram Panchayat development plan; (ii) to identify the most eligible persons from the area of Ward Sabha for beneficiary oriented schemes on the basis of criteria fixed and prepare list of eligible beneficiaries in the order of priority and forward the same to the Gram Panchayat for inclusion in its development plan; (iii)to verify the eligibility of persons getting various kinds of welfare assistance from Government such as pensions and subsidies; (iv) to get information from the officers of the Gra m Panchayat as to the services and the works proposed to be done in the succeeding period of six months after the meeting of the Ward Sabha; (v) to get information from the Gram Panchayat on the rationale of every decision of the Gram Panchayat relating to th e area of the Ward Sabha; (vi) to get information from the Gram Panchayat on the follow up action taken on the decisions of the Ward Sabha; (vii) to provide and mobilize voluntary labour and contributions in cash or kind or both for development work and supervise s uch development works through volunteer team s; (viii) to ensure that the members of Ward Sabha pay taxes and repay loans to the Gram Panchayat; (ix) to priortise the location of installation of street lights, providing community water taps, public wells, public sanit ation units, irrigation facilities and such other public amenity schemes within the area of the Ward Sabha; (x) to identify the deficiencies in the water supply and street lighting arrangements in the area of Ward Sabha and suggest remedial measures; (xi) to impa rt awareness on matters of public interest such as cleanliness, preservation of the environment and prevention of pollution; (xii) to assist the employees of the Gram Panchayat in sanitation arrangements in the area of Ward Sabha and render voluntary service to create clean and hygenic environment free from open defecation and in the removal of garbage; (xiii) to promote programme of adult education within the area of Ward Sabha; (xiv) to assist the activities of public health centers in the area of Ward Sabha especially in the prevention of disease and promotion of family welfare and immediately report the incidence of epidemics and natural calamities; (xv) to promote harmony and unity among various groups of people in the area of the Ward Sabha and to arrange cultural festiv als and sports meets to encourage the talents of the people of the locality; (xvi) to get information from the functionaries of the Gram Panchayat as to the services they shall render, the programmes and projects they shall implement and the public works 38 they pr opose to carry out in the succeeding period of six months after the meeting of the Ward Sabha; (xvii) to get information from the Gram Panchayat on the follow up action taken on the decisions of the gram sabha in relation to that ward; (xviii) to assist the Gr am Panchayat to prevent any other activity prejudicial to public interest or health and safety to the residents of the Ward Sabha; and (xix) to exercise such other functions as may be prescribed;

3D. Meetings of the Ward Sabha. – (1) A Ward Sabha shall meet to transact its business once in six months which shall be at least one month ahead of the meeting of the gram sabha and the manner of conduct of the meeting shall be as hereinafter provided, namely: – (i) every meeting held shall be presided over by the elected member of the ward representing the area of the concerned ward and in his/her absence, by any other voter of the Gram Panchayat elected from the said ward sabha as the case may be, at the meeting. In case of wards having more than one electe d member, elected member among them determined by Gram Panchayat shall call such meeting. (ii) where an elected member of the ward fails to convene and preside over a meeting of the Ward Sabha as the case may be, when due or is necessary, he shall be lia ble to pay rupees one Hundred to the Gram Panchayat fund and give explanation for such failure. Then the concerned panchayat development officer or secretary, as the case may be, shall convene such meeting and any other voter of the Gram Panchayat may be s elected by the members present at the meeting of the Ward Sabha may preside over the meeting; (iii) the quorum for the meeting of a Ward Sabha shall be not less than one -fifth of the total voters or twenty members of the Ward Sabha, whichever is less, of whom at least thirty percent of the voters shall be women and persons belonging to the scheduled castes and the scheduled tribes in proportion to their population: Provided that, no quorum shall be required for an adjourned meeting. (iv) all resolutions in respect of any subject in the meeting held under this section shall be passed by a majority of the members present and voting: Provided that, the needs outlined by habitation sabha and affected group at their meetings shall be taken up at the meeting o f the Ward Sabha and recorded as its own for being sent to the Gram Sabha. (v) The procedure for convening and conducting the meeting of the Ward Sabha shall be such as may be prescribed; (2) Notwithstanding anything contained in sub -section (1) a speci al meeting of the Ward Sabha shall be convened where at least ten percent of the voters of the ward make a request in writing, specifying the subject for the meeting: Provided that no two special meetings shall be held within a period of three months; (3) Notwithstanding anything contained in sub -sections (1) or (2), an emergency meeting of the Ward Sabha may be convened by the elected member whenever a natural calamity has occurred or a matter of urgent public importance has arisen and the elected member s of the said ward and the Adhyaksha or the Upadhyaksha or any elected members of the concerned Gram Panchayat shall be required to attend such emergency meeting. The Adhyaksha shall preside such meeting and his absence the Upadhyaksha shall preside. (4) Nothing contained in sub -section (1) shall be construed as preventing affected group coming together as often as they may, to hold meetings among themselves and outline the developmental needs of their group along with suggestions for addressing them, for being placed before the Gram Sabha at its regular meetings.

3E. Gram Sabha. – (1) The Gram Sabha shall be the basic unit of local self - Government at the village level to ensure the direct participation of all the citizens of the village in the planning, i mplementation, monitoring and evaluation of all economic, social, 39 cultural and environmental development programmes and all central, state and district sector Government schemes implemented in the Gram Panchayat. (2) The functions of Gram Sabha within th eir respective jurisdiction, shall be to assist the Gram Panchayat and shall also include the following functions namely, - (a) to conduct surveys or participate in rural appraisals to collect essential socio - economic data and assess the needs of residents and their requirements for the development of the village in order to enable the Gram Panchayat to compile and draw up a vision plan; (b) priortise the location of installation of street lights, providing community water taps, public wells, public sani tation units, irrigation facilities and such other public amenity schemes and to identify the deficiencies and suggest the remedial measures and to report the satisfactory completion of the work, after considering the suggestions of the Habitation sabhas; (c) to ensure that all plans are beneficial to all sections of the population especially the vulnerable sections and migrant labour; (d) to approve subject to availability of funds, plans, programmes and projects for social and economic development afte r considering the needs and suggestions of the Habitation sabhas and Ward Sabhas before such plans, programmes and projects are taken up for implementation by the Gram Panchayat; (e) to generate consolidated proposals by determining the priority of all s chemes and development programmes to be implemented in the panchayat area as per the ‘Priority Ranking’ method after considering the needs, recommendations and suggestions of the each of the Habitation sabhas and Ward Sabhas; and (f) to identify and sele ct the most eligible persons from the Panchayat area under beneficiary oriented schemes on the basis of criteria fixed by the Gram Panchayat, Taluk Panchayat, Zilla Panchayat or Government and prepare a list of beneficiaries in the order of priority as pe r the ‘Priority Ranking’ method after considering the needs, recommendations and suggestions of the Habitation sabhas and Ward Sabhas and send the same to the Gram Panchayat for inclusion in its development plan in the order of priority sent by the Habitat ion sabhas and Ward Sabhas. Such list shall be binding on the concerned Gram Panchayat, Taluk Panchayat, Zilla Panchayat or Government as the case may be. (3) The Gram Sabha shall support all activities of the Gram Panchayat in implementing the plans an d schemes by, – (a) providing voluntary labour and contributions in cash or kind or both for development works and to supervise such development works through volunteer teams; (b) assisting the functionaries of the Gram Panchayat in providing sanitatio n arrangements in the panchayat area and mobilizing voluntary service to create clean and hygienic environment free from open defecation and in the removal of garbage in the area of the village; (c) promoting programmes of adult education, increasing lit eracy, family counseling, character building and de -addiction of liquor, narcotic drugs among the youth, adults and senior citizens and education levels within the area of village; (d) ensuring that no traditional, social and religious practices that den igrate the rights, dignity and freedom of any individual, especially women and children from the scheduled castes and the scheduled tribes and all weaker sections, are performed in the village; (e) assisting in the activities of school betterment committ ees, Anganwadis, Mahila Samaja, Youth associations, self -help groups and organisations working for the development of the scheduled castes and the scheduled tribes, other backward classes, senior citizens, the differently abled, women, children and youth i n the panchayat area; (f) co -ordinating the activities of public health centre’s in the panchayat area, especially in prevention of disease and promotion of family welfare, population control and prevention of cattle diseases and report the incidence of epidemics and natural calamities immediately to the concerned functionaries; 40 (g) persuading members of the Gram Sabha to pay taxes and other dues and repay loans; (4) The Gram Sabha shall, – (a) ensure social justice for all, especially for people of the vulnerable sections of the society to exercise their rights in a free and fair manner and suggest measures to the Gram Panchayat and their elected members or officials of the departments, or both, so that appropriate action is taken to protect them fro m abuse and exploitation; (b) organize cultural festivals, literary activities and sporting events that promote and nurture local games, athletics, the literature, arts and culture of the area and provide opportunities for the residents to express their talents; and (c) impart awareness among the citizens in matters of public interest such as cleanliness, preservation of the environment and ecology, prevention of public nuisance, pollution and ensure public peace, safety and security of all people with in the area of the village; (d) spread awareness on issues of water conservation, preservation of natural surroundings and recycling of bio -degradable waste; (e) promote at village level small and medium industries, businesses and commercial enterprise s in discussion with associations of women, youth and senior citizens and provide training and capacity building opportunities for employment and present proposals before the Gram Panchayat; (f) conserve and maintain public properties such as gomaala, pa sture lands, tanks, tank beds, ground water, roads, bridges, mines etc., within the area of the Gram Panchayat; (g) promote the revival and growth of folk arts, handicrafts, home industries and cottage industries in the village area; (h) ensure the saf ety, security and freedom of the residents of the village; (i) be able to safeguard and preserve the traditions and customs of the people, their cultural identity, community resources and the customary mode of dispute resolution; (j) initiate action to prevent discrimination among people on the basis of caste, creed, religion and gender ; and (k) report concerned authorities activities of illegal money lending in the panchayat area and inform the Gram Panchayat for taking necessary action; (5) The Gr am Sabha may, – (a) discuss and prepare the budgetary provisions, the details of plan outlay and the subject wise allocation of funds and also the details of the estimate and cost of materials of the works executed or proposed to be executed in the villag e area in a special meeting of all the Gram Sabhas in the month of October each year; (b) discuss and prepare the annual statement of accounts of the preceding financial year, the last audit report and replies thereto and the panchayat jama -bandi report, action taken, in a special meeting of all the Gram Sabhas in the month of April each year; (6) Gram Sabha may get information from, - (a) the Gram Panchayat on the rationale of every decision of the Gram Panchayat concerning the panchayat area; (b) the Gram Panchayat on the follow up action taken on the decisions of the Gram Sabha; and (c) the officers of the Gram Panchayat as to the services they will render and the works proposed to be done during the next six months after the meeting of the Gram Sa bha; (7) The decisions, views, recommendations or suggestions taken at the meetings of the Gram Sabhas shall be communicated to the Gram Panchayat for implementation subject to availability of funds and guidelines issued by the Government. The priorities set by the Gram Sabha normally shall not be changed”.

3F. Duties of Gram Sabha. –The Gram Sabha shall discharge the following duties, namely:– 41 (a) ensure that all plans are beneficial to all sections of the population especially the vulnerable sections a nd migrant labour; (b) generate consolidated proposals by determining the priority of all schemes and development programmes to be implemented in the panchayat area as per the ‘Priority Ranking’ method after considering the needs, recommendations and sugg estions of the each of the Habitation sabhas and Ward Sabhas; (c) identify and select the most eligible persons from the Panchayat area under beneficiary oriented schemes on the basis of criteria fixed by the Gram Panchayat, Taluk Panchayat, Zilla Pancha yat or Government and prepare a list of beneficiaries in the order of priority as per the ‘Priority Ranking’ method after considering the needs, recommendations and suggestions of the Habitation sabhas and Ward Sabhas and send the same to the Gram Panchay at for inclusion in its development plan; (d) recommend subject to availability of funds, plans, programmes and projects for social and economic development after considering the needs and suggestions of the Habitation sabhas and Ward Sabhas before such p lans, programmes and projects are taken up for implementation by the Gram Panchayat; (e)assist the functionaries of the Gram Panchayat in providing sanitation arrangements in the panchayat area and mobilising voluntary service to create clean and hygienic environment free from open defecation and in the removal of garbage in the area of the village; (f) persuading members of the Gram Sabha to pay taxes and other dues and repay loans; (g) spread awareness on issues of water conservation, preservation of natural surroundings and recycling of bio -degradable waste; (h) conserve and maintain public properties such as gomaala, pasture lands, tanks, tank beds, ground water, roads, bridges, mines etc., within the area of the Gram Panchayat; (i) ensure the sa fety, security and freedom of the residents of the village; and (j) report to the concerned authorities activities of illegal money lending in the panchayat area for taking necessary action.

3G. Meetings of Gram Sabha. – (1) The Adhyaksha of the Gram Pan chayat shall convene the first meeting of all the Gram Sabhas as far as may be within sixty days. Thereafter the next meetings shall be convened on such date as decided by the Gram Sabha, however that not more than six months shall intervene between two me etings. Every meeting of the Gram Sabha shall be presided over by the Adhyaksha of the concerned Gram Panchayat and in his/her absence by the Upadhyaksha and in the absence of both Adhyaksha and Upadhyaksha, by any other member elected by the members prese nt at the meeting. If the Adhyaksha of the Gram Panchayat fails to convene the meeting when due or was necessary, the executive officer shall convene such meeting. Such Adhyaksha shall be liable to pay Rs. 1000 to the grama panchayat fund and give an expl anation for such failure to call the meeting in the next meeting of the Gram Sabha. (2) Notice of the meetings shall be published in public places and telecast through other medias such as local channels of the Television, radio and newspapers. The pamphl ets about such notice shall be printed and distributed in the Gram Panchayat area. (3) The quorum for an ordinary meeting of the Gram Sabha shall not be less than one-tenth of the total number of voters in the Gram Sabha or one hundred members, whichever is less. Provided that if at the time appointed for the meeting if there is no quorum, the presiding authority shall wait for thirty minutes and thereafter there is no quorum, the presiding authority shall adjourn the meeting to the following day or som e other day which is not a public holiday. On such adjourned meeting no quorum shall be required. (4) At least ten members from each Ward Sabha within the panchayat area shall attend the meeting, of whom not less than thirty percent of the members attendi ng the Gram 42 Sabha, shall be women and persons belonging to the scheduled castes and the scheduled tribes in proportion to their population in the Ward Sabha. (5) The elected members of that area shall be present at every Gram Sabha meeting. (6) The o fficers in the Gram Panchayat area shall attend the meetings of the Gram Sabha as may be required by the Adhyaksha and such officer of the panchayat as is specifically nominated as convener of the meeting shall assist in convening and conducting its meetin gs, recording proceedings in the minutes book and video -graph and all the decisions shall be recorded and shall be authenticated by the Adhyaksha. Provided that, the needs outlined by the habitation sabha and ward sabha at their meetings shall be taken u p at the meeting of the Grama sabha and shall be recorded as its own and forwarded to the Gram Sabha for being placed before it; (7) All resolutions in respect of any subject in the meetings of the Gram Sabha shall be passed by majority of the members p resent and voting and the Gram Panchayat shall consider such resolutions of the Gram Sabha as if its own and implement them in order of the priority indicated by the Gram Sabha. (8) All meetings of the Gram Sabha shall be held in a free and fair manner, with the active participation of all citizens, especially those belonging to the vulnerable sections of the society. (9) The procedure for convening and conducting the meeting of Gram Sabha shall be such as may be prescribed.

3H. Special meeting of the Gram Sabha. – (1) Nothing contained in section 3G shall be construed as preventing groups of women, the scheduled castes and the scheduled tribes, and the farmers and the artisan population, the youth and the senior citizens, within the Gram Sabha come tog ether as often as may be to hold meetings among themselves and outline their needs of the group for development along with suggestions of redressal, for being placed before the Gram Sabha at its regular meetings. Provided that, needs outlined by the habit ation sabha and Ward Sabha at their meeting shall be taken up at the meeting of the Gram Sabha and recorded as its own for being forwarded to be placed before Gram Panchayat. Provided further that, the needs outlined by each of such representative group at their meetings shall be taken up by the Gram Sabha and followed up as its own for being presented to the Gram Panchayat. (2) Without prejudice to anything contained in the other provisions of this section, the Adhyaksha may call for, - (i) meetings of Gram Sabhas for drafting plans and programmes for empowerment, of the scheduled castes and the scheduled tribes, women and the children to discuss issues related to each of them separately, at least once in a year before the Gram Panchayat meetings; (ii) special meetings of the Gram Sabha whenever a request is made by not less than ten percent of the members of the Gram Sabha specifying the subject for discussion in such request, so however that there shall be an interval of at least three months between any two special meetings; (iii) Special budget meetings of the Gram Sabha twice a year in the months of April and October to consider the plans and finances of the Gram Panchayat; (3) The budget allocated to the scheduled castes and the scheduled tri bes shall be in proportion to their population in the given Gram Panchayat and shall be decided in their special meeting of the Gram Sabha; Provided, that the fund which is not utilised by the said Gram Sabha, the fund shall be utilised in accordance wit h the Karnataka scheduled castes sub -plan and the scheduled 43 tribes sub -plan (planning, allocation and utilization of financial resource) Act, 2013 (Karnataka Act 65 of 2013). ]1 1. Substitu ted by Act 44 of 2015 w.e.f. 25.02.2016. CHAPTER III CONSTITUTION OF GRAMA PANCHAYATS AND STANDING COMMITT EES