section 308D
Returning officer et. deemed to be on deputation to State Election Commission.
The Karnataka Gram Swaraj and Panchayat Act, 1993Chapter XVIII MISCELLANEOUS
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
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