Karnataka Panchayat Raj Act

Salient Features

Karnataka Panchayat Raj Act, 1993

Replaced the Karnataka Zilla Parishads, Taluk

Panchayat Samitis, Mandal Panchayats and Nyaya
Panchayats Act, 1983 consequent upon the changes in
the 73rd Constitutional amendment

Established a 3-tier panchayat raj system in the state

with elected bodies at Gram, Taluk and Zilla levels for:

greater participation of the people and

more effective implementation of rural development
programmes in the state

Salient Features of the Act

Establishes a 3-tier system based on population as

ascertained in the preceding census.

Provides for reservation of:

seats in favour of SC and ST in proportion of their population

1/3rd seats for women at all levels
seats and offices of chairpersons at all levels for persons
belonging to Backward Classes.
seats and offices of chairpersons at all levels for persons
belonging to SC, ST and women

Constitutes State Election Commission, Finance

Commission and District Planning Committee

Definitions
AC, DC, CEO,
EO, Tahsildar

Erection, re-erection, Market

enlargement

Population

BC, SC and ST GP, GS, TP, ZP

Nuisance

Private Market
Public Market

Building

Health Officer

Offensive or
Public Place
dangerous trade Public Street

Business

Infectious disease

Offensive Matter Secretary

Casual
Vacancy

Land Revenue

Occupier

State Election
Commission

Company,
Factory

Latrine

Owner

Vehicle

District, Taluk,
Village

Local Authority

Panchayat area

Chapter 2 of the Act

Chapter 2 in KPR Act, 1993 has been

replaced by a new Amendment Act of
2002

Deals with new concept of ward sabha and

its powers and functions, and
Incorporates new powers and functions for
Gram sabha

Ward Sabha

Sec 3 of the Amended Act introduces concept of Ward Sabha:

Shall meet at least once in 6 months

Quorum shall be not less than 1/10th of the total number of members of
ward sabha or 20 members whichever is less

Not less than 30% of members attending ward sabha shall be women

Persons belonging to SC and ST shall be represented in proportion to their

population

Every meeting of the ward sabha shall be presided over by the member of
the GP elected from the area, and in his absence by any other member
nominated by the GP

All resolutions of the ward sabha shall be passed by a majority of the

members present and voting.

Ward Sabha: Powers & Functions

Generate and prioritise for their ward proposals, schemes

and development programmes

Identify, prioritise eligible beneficiaries

Verify eligibility of persons getting welfare assistance, e.g.

pensions and subsidies

Get information from officers of GPs about the services

they will render and the works they propose to do in the
succeeding 6 month period after ward sabha meeting

Get information from the GP on the rationale of every

decision of GP concerning the Ward Sabha

Get information from GP on follow up action taken on the

decisions of the Ward Sabha

Ward Sabha: Powers & Functions

Provide voluntary labour; mobilise cash contributions

for development works and supervise such works
through volunteer teams

Persuade members to pay taxes/ repay loans

Suggest location of street lights, water taps, public

wells, sanitation units, irrigation facilities

Identify deficiencies in water supply and street

lighting arrangements and suggest remedial
measures

Ward Sabha: Powers & Functions

Impart awareness on cleanliness, preservation of environment

and prevention of pollution

Assist employees of GP in sanitation arrangements and render

voluntary service for removal of garbage

Promote Adult Education

Assist in PHC activities, especially in disease prevention and

family welfare and create arrangements for quickly reporting
incidence of epidemics and natural calamities

Promote harmony and unity among various groups of people

arrange cultural festivals, sports to give expression to local
talents

Gram Sabha

Amended Sec 3A incorporated in the Act

Gram Sabha shall meet at least once in 6 months

Special meeting of the Gram Sabha shall be convened if request is

made by not less than 10% of the total numbers of members of GS
or 100 members, whichever is less

At least 10 members from each ward sabha within the panchayat

area shall attend meeting.

Not less than 30% shall be women

Persons belonging to SC and ST shall be represented in proportion

to their population in the Gram Sabha

Gram Sabha: Meetings

GS meeting shall be presided over by Adhyaksha; and in his absence

by Upadhyaksha. In the absence of both by any member of the GP
nominated by it.

GS shall discuss:

Budgetary provisions

Details of plan outlay

Subject-wise allocation of funds

Details of estimate and cost of materials of works executed or

proposed to be executed in the panchayat area.

GP shall place before GS:

Annual statement of accounts of preceding financial year

Last audit note and replies thereto

Panchayat jamabandi report and action thereon

Views, suggestions, recommendations of GS shall be

communicated to GP for its consideration.

Gram Sabha: Officers

Officers of GP as required by the Adhyaksha shall

attend the GS meeting.

Officer nominated by GP as convenor of GS shall assist

in convening and conducting meetings, recording
decisions in minute books and taking follow up action.

GS may constitute sub-committees for indepth

discussion and effective implementation of decisions.

GS Sub Committees should consist of not less than 10

members of whom not less than half will be women

Gram Sabha: Powers and Functions

Approve the annual plan of the GP

Generate and prioritise proposals, schemes and development

plans to be implemented in the panchayat area by ZP or TP after
considering recommendations and suggestions of ward sabhas

Identify, select and prioritise beneficiaries as per criteria fixed by

GP, TP, ZP or Government after considering the priority lists of the
ward sabhas. Such list shall be binding on the GP, TP and ZP.

Disseminate information on development and welfare programmes

and render assistance in effective implementation of development
schemes by providing local facilities

Provide feedback on performance of development programmes

Gram Sabha: Powers and functions

Render assistance to GP in collection, compilation of details

required, formulation of development plans, collection of socioeconomic data and canvassing participation in health, literacy
and other development campaigns.

Get information from officers of GP as to the services they will

render and works they propose to do in the succeeding period
of 6 months after GS meeting

Get information from GP on the rationale of every decision of

the GP

Get information from GP on follow up action taken on the

decisions of the Gram Sabha

Provide and mobilise voluntary labour and cash contributions

and supervise development works through volunteer teams

Gram Sabha: Powers and functions

Persuade Gram Sabha members to pay taxes/ repay loans

Suggest location of street lights, water taps, public well,

sanitation units

Identify deficiencies in water supply and street lighting

arrangements and suggest remedial measures after
considering suggestions of ward sabhas.

Assist GP employees in sanitation arrangement and render

voluntary services for garbage removal

Promote Adult Education

Assist in PHC activities

Promote harmony and unity

Panchayat Area

Sec 4: Declaration of Panchayat Area

Area comprising a village or group of villages with a population

of 5000 7000
Area comprising population of 2500 in Belgaum, Chikmaglur,
Dakshina Kannada, Dharwar, Hassan, Kodagu, Shimoga,
Udupi, Haveri and Uttar Kannada

DC may on request from GP:

Increase or diminish panchayat area

Alter headquarters
Alter name of panchayat area
Declare that any area shall cease to be panchayat area

Gram Panchayat

Constitution of Gram Panchayat

GP to consist of the number of elected members @ of one member

per 400 population

DC shall reserve seats for SC, ST in proportion to their population

in the panchayat area

1/3rd of the total seats shall be reserved for Backward Classes:

80% for A category; 20% for B Category

Not less than 1/3rd of the total seats in each category SC, ST, BC
and non-reserved seats shall be reserved for women

Seats reserved for SC, ST, BC and women shall be allotted by

rotation to different constituencies in the panchayat area.

A woman or person belonging to SC/ST or BC can stand for

election from non-reserved seat

GP Membership

Sec 11 Qualification for membership

Every person whose name is on the voters

list of any gram panchayat constituency is
qualified to stand for election

In the case of seats reserved for SC/ST/BC/

Women, no person who is not a member of
the said category, can stand for election.

Disqualification

Sec 12: Disqualification for members

If sentenced by a criminal court to 3 months or more

imprisonment
If dismissed from service under any local authority
If, having been a legal or medical practitioner, has been
disenrolled or suspended by competent authority
If removed from membership of any local authority
If he/she hold an office of profit under local or other authority
If he/she has a direct or indirect share or interest in any work
done by GP, or in contract or employment with GP
If he/she does not have sanitary latrine
If disqualified under sec 308C
If arrears of any kind are due by him/her to GP

Vacation of seat

Sec 13: Vacation of seat

If a member of a GP absents him/herself for

more than 3 consecutive ordinary meetings
without leave of the GP, provided that no
permission shall be granted by the GP to a
member for being absent from its meetings
for a period beyond 6 months from the date
of the last meeting attended by the member

Election issues

Sec 15 40 deal with issues relating to elections

Election petition
Trial
Grounds for declaring election void
Grounds on which a candidate other than returned candidate
may be declared elected
Procedure in case of equality of votes
Corrupt practices
Misconduct at polling stations
Booth capturing
Disturbance at election meetings
Restrictions on printing of pamphlets, posters, etc.

Term of Office of Members

Sec 41 term of office of members of GPs will

be 5 years

Sec 42 term of office with commence with

date appointed for the first meeting of the GP

Sec 43 a member may resign his membership

by writing to the adhyaksha and his/her seat
may become vacant on expiry of 15 days,
unless he/she withdraws such resignation in
writing within the period of 15 days

Term of Office of Adhyaksha &

Upadhayaksha

Sec 44 49: Adhyaksha and Upadhyaksha

election
term of office
conditions of service
appointment
resignation
no confidence motions

GP Meetings

Sec 50: Procedure at meetings

GP shall meet at once in a month

Adhyaksha may call a special meeting on written request of not

less than 1/3rd of the total number of members; if adhyaksha
fails to call special meeting, upadhyaksha or 1/3rd of total
members may call such meeting.

Seven clear days notice for an ordinary meeting and three clear
days notice for a special meeting shall be given by GP
Secretary

Officers to whom notice is given shall attend every GP meeting

and take part in the proceedings

Quorum for GP Meetings

Sec 53: Quorum and procedure

Quorum for GP meeting shall be 1/3rd of the total number of members

At least 1/3rd of the members attending the meeting shall be women members

If at appointed time of meeting, quorum is not present, the presiding authority

shall wait for 30 minutes.

If even after 30 minutes there is no quorum, presiding authority shall adjourn

the meeting to the next day: notice of meeting adjourned to next day shall be
pasted in GP office.

A member who has a pecuniary interest in a issue being discussed by the GP

shall not take part in the discussion

Every GP member shall disclose any direct or indirect pecuniary interest that
he has in any question coming up for consideration at a GP meeting.

Sitting fee as prescribed by Government

Resolutions of GP Meetings

Sec 54 Modification/ cancellation of resolution

No GP resolution shall be cancelled/ modified within

6 months after it is passed except by a resolution
passed by not less than of the total members

Full information of resolution proposed to be

cancelled/ modified to be given in advance.

Minutes of GP Meetings
Sec 55: Minutes

Names of members and officers present

Proceedings of the meeting

Names of members voting for and against any resolution

Minutes to be maintained in a book, read over and agreed to by members

and then signed by Adhyaksha or upadhyaksha presiding over the
meeting

Minute book shall be open to inspection by any member of the GP at all

reasonable time

Minute book shall be kept in GP office in the custody of GP Secretary.

Copy of proceedings shall be displayed on GP notice board along with

details of members voting for and against the resolutions

GP Functions

Sec 58: Functions of GP:

Functions specified in Schedule 1

Providing sanitary latrines to not less than 10% of the household every
year

Constructing adequate community latrines

Maintaining water supply works

Revising and collecting taxes, rates, fees

Ensuring universal enrolment of children in primary school

Achieving universal immunisation of children

GP Functions

Ensuring prompt registration of births and deaths

Providing sanitation and drainage

Construction, repair and maintenance of public streets

Removing encroachments on public places

Providing street lights; paying electricity dues

Filling up insanitary depressions

GP Functions

Destruction of rabid dogs

Maintenance of community assets

Maintenance of records of population census, crop

census, cattle census, census of unemployed persons,
persons below poverty line

Earmarking places for dumping refuse and manure

Protecting bio-diversity

Standing Committees of GPs

Sec 61 Standing Committees

Production Committee:

Agricultural production,

Social Justice Committee:

Animal husbandry,
Rural industries,
Poverty alleviation programmes

Educational, economic, social, cultural interests of SC, ST & BC

Protection of such castes from social injustice
Welfare of women and children

Amenities Committee:

Education
Public Health
Public works

Standing Committees of GPs

Each standing committee shall consist of 3 5 members including

Adhyaksha and Upadhyaksha

Adhyaksha shall be ex-officio member and chairman of Production

and Amenities Committee

Upadhyaksha shall be chairman of Social Justice Committee

Social Justice Committee must consist of at one woman and one SC

or ST member

Each Standing Committee can co-opt members of farm clubs, mahila

mandals, etc.

Standing Committees to perform functions that are delegated to them

by the GP

Powers of GP

Sec 63: Powers of GP as to roads and bridges

Sec 64: Permission to erect, alter, add to existing building

Sec 66: Permission for construction of factories/ installation of machinery

Sec 67: Prohibition of dangerous trades

Sec 68: Control of hotels

Sec 69: Licensing of shops

Sec 72: Obstructions and encroachments on public streets

Sec 73: Naming streets and numbering buildings

Powers of GPs

Sec 74: Removal of structures, trees which are likely to fall

Sec 75: Sanitation, Conservancy and Drainage

Sec 77: Providing adequate water supply

Sec 82: Sources of water supply

Sec 85: Power to prohibit use of water from certain sources

Sec 86: Penalty for using water for certain purposes

Sec 87: Abatement of nuisance from foul water

Powers of GPs

Sec 89, 90, 91 Infections

Sec 92, 93, 95,96 Burial/ burning grounds

Sec 99, 100, 101, 102, 103, 104, 105, 106 drains and
privies

Sec 107 Quarrying

Sec 108 Using offensive substances night soil

Sec 110 Prohibition of nuisance

Powers of Adhyaksha and Upadhyaksha

Convene meetings of GP

Have access to records of GP and may call for

records and files, and pass orders thereon in
accordance with the provisions of the Act, rules and
standing orders and in pursuance to resolution
passed by the GP

Exercise supervision and control of acts of the

officers and employees of the GP, including GP
Secretary

If in his opinion the immediate of any work requires

the sanction of a Standing Committee or the GP, he
may convene a meeting with a 24 hour notice.

GP Secretary

Sec 111 Whole time Secretary for every GP

Secretary shall draw his salary and allowances form the GP,
TP or ZP as specified by Government

Secretary shall perform all the duties and exercise all

powers imposed or conferred upon him under this Act

Secretary shall submit to GP the monthly accounts of

the GP before the 10th day of succeeding month

Furnish returns, statement of accounts and such other

information when called for

GP Secretary

Inspect or cause to be inspected the accounts of the

institutions under the control of the GP

Keep records of the GP, Standing Committees, other

committees, Ward Sabha, Gram Sabha

Coordinate the preparation of Annual Plan, 5-year plan

so that the approved plan is submitted to District
Planning Committee in time

Disburse GP fund and plan fund to officers concerned

and furnish UC in the manner prescribed

GP Staff

GP may with prior approval of CEO appoint other

employees of GP and pay their salaries from GP fund

In making appointments posts for SC, ST and OBC

shall be reserved in the same manner as applicable for
recruitment to State Civil Services

Secretary may fine or withhold the increment of any

employee appointed by the GP; appeal against the
order lies with the EO of the TP

GP may reduce in rank, remove, dismiss any employee

appointed by it. Appeal against order lies with CEO

GP Staff

Arrangements for additional technical staff for GPs

Pool officers/ officials of State Civil Services, including

engineering and technical staff and post them to one or more
GPs

Officers thus posted to GPs shall perform duties and perform

functions as if they are officers of GPs

They shall execute works, discharge functions, perform duties

involving implementation of any scheme, project, plan

Government shall continue to pay the salary, allowances of the

officers/ officials posted to GPs

Taxes and Fees

Sec 199 tax upon buildings and lands which are not
subject to agricultural assessment; rate as prescribed in
Schedule IV

Levy water rate

Tax on entertainment

Tax on vehicles

Tax on advertisement and hoardings

Schedule IV:
Tax on Property

Maximum rate of tax

Tax on buildings

10% of annual letting

value (per annum)

Tax on lands not subject For every 100 square

to agricultural
meter, Re 1 per annum
assessment
Tax on entertainment

Rs 20 per entertainment

Schedule IV: Vehicle Tax

1. For every 4-wheeled vehicle with
springs constructed to be drawn by 2 or
more horses, bulls, or bullocks
2. For every 2-wheeled vehicle with
springs constructed to be drawn by 1 or
more horses, bulls, or bullocks
3. For every other vehicle with springs

Rs 25

4. For every cart or vehicle without

springs
5. For every bicycle or tricycle

Rs 10

Rs 10

Rs 10

Rs 5

Schedule IV:
Fees on markets
1. For every plot measuring not more
than 1 square meter

0.50 paise
per day

2. For every additional plot of 1 square

meter or part thereof

0.25 paise
per day

3. Per basket or bag of any commodity

0.25 paise

4. Per cart load or bag of any commodity Rs 5 per

month

Schedule IV:
Fees on bus stands

Rs 2 per bus
per day

Tax on advertisement and

hoardings: for every square meter

Rs 5 per
month

Fee on registration of cattle: For

Re 1
every head of cattle brought for sale
in shandies and fairs

Taxes and Fees

Sec 199 tax upon buildings and lands which are not
subject to agricultural assessment; rate as prescribed in
Schedule IV

Levy water rate

Tax on entertainment

Tax on vehicles

Tax on advertisement and hoardings

Taxes and Fees

Pilgrim fee on persons attending jatras, festivals, where

necessary arrangements for water supply, health and
sanitation are made by GP

Market fee for sale of goods in market place

Fee on registration of cattle brought for sale in market

place

Fee on buses, taxies, auto-stands

Fee on grazing cattle in grazing lands

Taxes and Fees

Sec 202: If a factory/industry owner provides sanitary

and other amenities for buildings and land used by the
industry, the GP may in lieu of taxes, rates, fees receive
such amount annually as may be agreed between the
GP and the factory/industry owner.

If such agreement cannot be reached the CEO shall determine

the amount payable by such owner

Sec 206 grant of such amount to GPs as may be

notified from time to time, but not less than Rs 2 lakhs.

Properties and funds

Sec 209 GP may acquire, hold, dispose off

movable and immovable property, subject to
rules made by Govt. from time to time

Sec 210 Govt., ZP, TP with GP concurrence

may direct that any property vesting in Govt.,
ZP or TP, as the case may be, shall vest in the
GP

Sec 214 GP may raise loans and form sinking

fund

Financial Control and Audit

Sec 241: Secretary to prepare and lay before GP

Complete account of actual and expected receipts and

expenditure for year ending 31st March
Budget estimate of income and expenditure for year
commencing 1st April

This must be done between 1st Feb 10 March

GP must ensure that the budget estimate has:

Adequate provision for such services as may be required to

fulfill the duties imposed on the GP under the KPR Act and any
other law
Allow for balances at the end of the year of not less than such
sum or percentage of income as may be fixed by govt.
Provide for payment of all instalments of principal and interest
on loans taken by the GP

Financial Control and Audit

GP must send budget to TP;

If GP fails to pass budget estimate, the Secretary shall forward it to

TP for approval. Budget approved by TP shall be certified by EO
and thereupon it shall be deemed to have been approved by the
GP.

GP may modify the budget during the course of the year, but it
should not:

Divert grants transferred by Govt. from the Consolidated Fund of the

State for a purpose or programme or scheme not covered under such
grants
Make any reduction exceeding 10% in the grants approved for any
developmental functions of the GP without approval of CEO
Make revisions that will reduce the closing balance below the sum
fixed by Govt.

Audit of Accounts

GP accounts to be audited by officer authorised by

Controller of State Accounts

Auditor may:

Require production of vouchers, statements, returns,

correspondence, notes or other documents
Require appearance of person accountable for such vouchers,
statements, returns, correspondence, notes, etc, or person having
interest or share in any contract
Require person appearing before him to sign a declaration with
respect to such vouchers, statements, returns, correspondence,
notes, etc.
If explanation is required from Adhyaksha or GP member, the
auditor may in writing invite such person to meet him and specify
the point on which explanation is needed.

Audit of Accounts

Auditor shall forward copy of report within one month to GP and EO

After receiving audit report, GP shall remedy defects, irregularities

or send explanation within 3 months to the EO

EO may in consultation with auditor:

Accept the explanation and order withdrawal of objection

Direct that the matter be re-investigated
Direct that the defect, irregularities be removed or remedied
Disallow any item of expenditure which is contrary to law and order for
repayment of amount along with 15% interest per annum on the
amount due. If amount is not paid within 2 months, EO shall take steps
to recover it as arrears of land revenue.