Chapter XI FUNCTIONS, DUTIES AND POWERS OF ZILLA PANCHAYAT, ADHYAKSHA AND UPADHYAKSHA

1[184. Functions of Zilla Panchayat. - (1) The Zilla Panchayat shall perform the functions specified in Schedule III: 1. Subsection 1 and 2 Substituted by Act 29 of 1997 w.e.f. 20.10.1 997. Provided that where the State Government or Central Government provide funds for the performance of any function specified in Schedule III, the Zilla Panchayat shall perform such functions in accordance with the guidelines or norms laid down for perf ormance of such function. (2) Notwithstanding anything contained in sub -section (1) or Schedule III, it shall be obligatory on the part of the Zilla Panchayat so far as the Zilla Panchayat fund at its disposal will allow, to make reasonable provisions wit hin the area under its jurisdiction, in respect of the following matters, namely: - (i) establishment of health centres including maternity centres so as to cover the entire population within five years, as per the norms laid down by the Government; (ii) construction of underground water recharge structures to ensure availability of water in the drinking water wells; (iii) prevention of drilling of irrigation borewells in the vicinity of drinking water wells to ensure adequate drinking water, specially in lean season; (iv) drawing up a plan for social forestry development in each taluk and spending not less than such percentage of the District Plan allocation every year as may be specified by the Government from time to time.]1 1[(3) The Zilla Panchay at shall be an unit of local self Government and the state shall endow the Zilla Panchayat with the powers, authority, functions, functionaries and subject to availability of funds as may be necessary to enable them to function as institutions of Local self-Government. (4) It shall be the duty of every Zilla Panchayat to meet the needs of people of the Panchayat area and shall have powers to administer the matters enumerated in schedule -III and also as elaborated in responsibility map in respect of Zilla Pa nchayats and so for as Zilla Panchayat fund shall allow, to prepare and implement schemes for economic, social, cultural development for the realisation of social justice for all. (5) The Zilla Panchayatshall meet the requirements of the Panchayat area an d respond to the needs and requests of the Gram Panchayat and Taluk Panchayats and 138 provide assistance as may be necessary in the area in respect of the matters enumerated in the schedule -III. (6) It shall be obligatory on the Zilla Panchayatto engage itse lf in the process of planning as envisaged in the Act. ]1 1. Inser ted by Act 44 of 2015 w.e.f. 25.02.2016.

185. Assignment of functions. - (1) The Government may assign to a Zilla Panchayat, functions in relation to any matters to which the executive au thority of the Government extends or in respect of the functions which have been assigned to the State Government by the Central Government. (2) The Government may, by notification, withdraw or modify the functions assigned under this section.

186. Sta nding committees. - (1) The Zilla Panchayat shall have the following Standing committees, namely: - (a) General Standing Committee; (b) Finance, Audit and Planning Committee; (c) Social Justice Committee; (d) Education and Health Committee; (e) Agriculture and Industries Committee; 1[(2) Each Standing Committee shall consist of such number of members not exceeding seven including the Chairman as specified by the Zilla Panchayat elected by the members of the Zilla Panchayat from amongst the elected members. The election of members of standing Committee shall be held as soon as may be after every general election of member of Zilla Panchayat or on its reconstitution or establishment under this Act or immediately before the expiry of the term of offi ce of the members of the Standing Committee: Provided that the Social Justice Committee shall consist of at least one member who is a woman and one member from either the scheduled castes or the schedu led tribes whichever has more number of elected members.]1 1[(2A) The term of office of every member of the standing committee shall, save as otherwise provided in this Act, be twenty months from the date of his election or till he ceases to be a member of the Zilla Panchayat, whichever is earlier.]1 1[(3) The Adhyaksha shall be the ex -officio member and Chairman of the Finance, Audit and Planning Committee. The Upadhyaksha shall be the ex -officio membe r and Chairman of the General Standing Committee. The other standing committees shall elect the Chairman from among their members.]1 (4) No member of the Zilla Panchayat shall be eligible to serve on more than two Standing Committees. (5) The Chief Executive Officer shall be the Ex -officio Secretary of the General Standing Committee and the Finance, Audit and Planning Committee and he shall nominate one of the Deputy Secretaries as Ex -officio Secretar y for each of the remaining standing committees. The Chief executive officer shall be entitled to attend the meetings of all the standing committees. 139

187. Functions of the Standing Committees. - (1) The General Standing Committee shall perform functions r elating to the establishment matters and functions relating to communications, buildings, rural housing, village extensions, relief against natural calamities and allied matters and all miscellaneous residuary matters. (2) The Finance and Planning Commit tee shall perform the functions relating to, - (a) the finances of the Zilla Panchayat, framing of budgets, scrutinising proposals for increase of revenue, examination of receipts and expenditure statements, consideration of all proposals affecting the fi nances of the Zilla Panchayat and general supervision of the revenue and expenditure of the Zilla Panchayat. (b) the plan priorities, allocation of outlays to developments, horizontal and vertical linkages, implementation of guidelines issued by the Gove rnment, regular review of planned programes, evaluation of important programes and small savings schemes. (3) The Social Justice Committee shall perform functions relating to, - (a) promotion of educational, economic, social, cultural and other interests of the Scheduled Castes and Scheduled Tribes and Backward Classes; (b) protecting them from social injustice and all other forms of exploitation; (c) amelioration of the Scheduled Castes and Scheduled Tribes and Backward Classes; (d) securing social justice to the Scheduled Castes and Scheduled Tribes, women and other weaker sections of the society. (4) The Education and Health Committee shall perform the following functions: - (a) be incharge of all educational activities of the Zilla Panchayat; (b) undertake the planning of education in the district within the framework of the national policy and the national and state plans; (c) survey and evaluate the educational activities of the Zilla Panchayat; (d) perform such other duties pertaining t o education, adult literacy and cultural activities as the Zilla Panchayat may assign to it; (e) health services, hospitals, water supply, family welfare and other allied matters. (5) The Agriculture and Industry Committee shall perform functions relati ng to, - (a) agricultural production, animal husbandry, co -operation, contour bunding and reclamation; (b) village and cottage industries; (c) promotion of industrial development of the district. (6) The Standing Committees shall perform the function s referred to above to the extent the powers are delegated to them by the Zilla Panchayat. (7) The Committees shall perform in respect of matters assigned to them such additional duties as may be prescribed.

188. Procedure of committees. - (1) The Zilla Panchayat may frame regulations relating to election of members of committees conduct of business therein and all other matters relating to them. (2) The Chairman of every committee shall in respect of the work of that committee be entitled to call for a ny information, return, statement or report from the office of the Zilla 140 Panchayat and to enter on and inspect any immoveable property of the Zilla Panchayat or any work in progress concerning the committee. (3) Each committee shall be entitled to require attendance at its meetings any officer of the Zilla Panchayat who is connected with the work of the committee. The Chief Executive officer shall under instruction of the Committee, issue notices and secure the attendance of the officer.

189. Delegation of Powers. - The Zilla Panchayat may, by notification delegate to the Chief Executive Officer or other officer any of the powers conferred by or under this Act on the Zilla Panchayats.

190. Power to divert, discontinue or close road. - (1) The Zilla Pancha yat may, by notification, turn, divert, discontinue or permanently close any road which is under the control and administration of , or is vested in, the Zilla Panchayat. (2) Before issuing a notification under sub -section (1), the Zilla Panchayat shall p ublish in such manner as may be prescribed a notice of its proposal inviting objections and shall take into consideration any objections received.

191. General powers of Zilla Panchayat. - (1) The Zilla Panchayat shall have powers to do all acts necessar y for or incidental to, the carrying out of the functions entrusted or delegated to it and, in particular, and without prejudice to the foregoing powers to exercise all powers specified under this Act. (2) Subject to the general or special orders of the G overnment, a Zilla Panchayat may, - (a) incur expenditure on education or medical relief outside its jurisdiction; (b) provide for carrying out any work or measure likely to promote the health, safety, education, comfort, convenience or social or econom ic or cultural well -being of the inhabitants of the district; (c) contribute to associations of all India, State or Inter -State level, concerned with the promotion of local Government and to exhibition, seminars and conferences within the district relate d to the activities of Grama Panchayat, Taluk Panchayat and Zilla Panchayat; and (d) render financial or other assistance to any person for carrying on in the district any such activity which is related to any of the functions of the said bodies. 1[(e) carrying out the functions enumerated in schedule -III with the funds allocated by the Government to implement the duties and functions vested in the Zilla Panchayats including the following, - (i) providing assistance to the Taluk Panchayat and Gram Panchayats t o ensure the safety, security, freedom and rights of all residents residing in the village. (ii) maintenance of community health centres and district hospitals at the district level and to perform all the functions required to the care of special categories and the differently abled including programmes for the development and empowerment of women and children at district level. (iii) Monitor first grade colleges, Pre -University colleges, polytechnics, industrial training institutes, ashram schools, hostels, orphana ges, Government industrial, technical and vocational training institutions for youth and rural artisans and education centres and to access to the information required through libraries with internet facilities. (iv) Promote and support Taluk Panchayat and Gra m Panchayats to develop and promote tourist destinations, khadi and village industries, establish food storage, processing and marketing outlets and create opportunities for self - 141 employment and the alleviation of poverty through rural enterprises and coope rative societies. (v) promote and support the Taluk Panchayats to manage women’s co -operative banks or societies for women separately at the taluk level to promote small business, small and medium scale industries run by woman. (vi) assist the Taluk Panchayat and Gram Panchayats by providing technical and material support to preserve, protect and nurture the biodiversity and ecology of the area and plan for social forestry and the maintenance of multi village solid and liquid waste management plants and the preven tion of drilling of irrigation bore wells in the vicinity of drinking water wells to ensure adequate drinking water, especially in dry season. (vii) promote trade of rural agricultural and industrial products, produce and livestock, organising thoroughfares, me las, and exhibitions at the district level. (viii) enable the Taluk and Gram Panchayats to provide clean drinking water, toilets and power supply and provide the infrastructure required including the providing of technical assistance for the following, namely: - (a) construction of underground water re -charging structures to ensure availability of water in the drinking water wells; (b) the management of drinking water projects, setting up water testing labs and the development of ground water resources; and (c) maintain min or irrigation schemes and the conventional and non - conventional energy units including the sale of conventional and non - conventional energy. (ix) identification, documentation and dissemination of low cost, indigenous, viable and sustainable technologies for construction of housing, schools and all public works for the use in zilla, taluk and Gram Panchayats and the planning, construction and maintenance of roads, bridges, culverts, drains etc.; and the maintenance of boats, ferries and water ways at the distr ict level. (x) assist concerned authorities to implement epidemic and disaster management systems and disaster preparedness in all taluks for disaster management and villages of the district, assessing the risks and developing disaster protocols that include capacity building and resource availability such as medical and other requirements for all types of possible disasters and enlisting the cooperation and participation of Taluk Panchayats and Gram Panchayats, non Government organisations and experts in the relevant fields. (xi) promote, preserve and showcase traditional, social and cultural art forms, sports, crafts, skills and practices of all sections of society at the district level. (xii) consolidation, management and maintenance of data base of all relevant socio-economic information and a map of all natural and other resources and assets within the area and updating them periodically to include the information obtained as a result of the surveys and participatory rural appraisals conducted in every Gram Panchaya t and the surveys and data collection conducted by every taluk and zilla panchayat. (xiii) incur expenditure on education or medical relief within its jurisdiction; (xiv) provide for carrying out any work or measure likely to promote the health, safety, education, com fort, convenience or social or economic or cultural well - being of the inhabitants of the district; (xv) contribute to associations of all national, state or inter -state level, concerned with the promotion of local self Government and to conduct exhibition, seminars and conferences within the district related to the activities of Gram Panchayat, Taluk Panchayat and zilla panchayat; 142 (xvi) render financial or other assistance to any person for carrying on in the district any such activity specified above which is rela ted to any of the functions of the said institution; and (xvii) to report to the concerned authority acts of illegal quarrying, drilling bore wells, excavating open wells or ponds causing nuisance or danger to the inhabitants of the area ]1 1. Inser ted by Act 44 of 2015 w.e.f. 25.02.2016.

192. Control of unwieldy traffic. - Subject to the provisions of the Karnataka Traffic Control Act, 1960, a Zilla Panchayat may subject to such rules as may be prescribed and to the regulations framed by the Zilla Panchayat, not ify that any road vested in it shall not be used by any vehicle of such form, construction, weight or size, or laden with such machinery or other unwieldy objects as may be deemed likely to cause injury to the roadway or to any construction thereon or risk or obstruction to other vehicles or to pedestrians except under the licence issued by the Chief Executive Officer and in accordance with the regulations framed from time to time as regards speed, time, fees, mode of traction or locomotion, use of applianc es for protection of the roadway, number of lights and assistants and other general precautions.

193. Powers and duties of the Adhyaksha. - 1[The Adhyaksha shall be the Executive Head of the Zilla Panchayat and shall, -]1 (a) convene, preside at and conduct meetings of the Zilla Panchayat; (b) discharge all duties imposed and exercise all the powers conferred on him by or under this Act or perform such functions entrusted to him by the Government from ti me to time; 1[(c) exercise such administrative supervision and control over the Chief Executive Officer for securing implementation of resolutions or decisions of the Zilla Panchayat or of the Standing Committes which are not inconsistent with the provis ions of this Act, or any general or specific directions issued under this Act;]1 (d) exercise overall supervision over the financial and executive administrati on of the Zilla Panchayat and place before the Zilla Panchayat all questions connected therewith which shall appear to him to require its orders and for this purpose may call for records of the Zilla Panchayat; and (e) have power to accord sanction up to a total sum of 1[rupees five lakhs ]1 in a year for the purpose of providing immediate relief to those who are affected by natural calamities in the district: Provided that the Adhyaksha shall place at the next meeting of the Zilla Panchayat for its ratification, the details of such sanctions. 1. Substitu ted by Act 44 of 2015 w.e.f. 25.02.2016.

194. Powers and duties of the Upadhyaksha. - The Upadhyaksha of the Zilla Panchayat shall, - (a) exercise the powers and perform the functions of the Adhyaksha, wh en he is absent on leave or is incapacitated from functioning 1[or when the office of Adhyaksha is vacant]1 ; and 143 (b) in the absence of the Adhyaksha 1[or when the office of Adhyaksha is vacant]1 preside ove r the meetings of the Zilla Panchayat.

1[195. Mode of making contracts. – (1) Every contract or agreement entered into for execution of works or for supply of goods or services shall on behalf of the Zilla Panchayat be in accordance with the provisions of this section and the Karnataka Transparency in Public Procurement Act, 1999. (2) The chief executive officer shall execute the contract or agreements on behalf of the Zilla Panchayat in respect of matter s which he is empowered to carry out under the provisions of law for the time being in force and such contract or agreement shall be executed up to such amount of value of the contract or agreement as may be prescribed by the Government from time to time ]1 1. Substitu ted by Act 44 of 2015 w.e.f. 25.02.2016. CHAPTER XII STAFF OF ZILLA PANCH AYAT