KARNATAKA VILLAGE PANCHAYATS AND TALUK BOARDS (POSTPONEMENT OF ELECTIONS) ACT, 1974

9 of 1974

6th April, 1974

An Act to provide for the postponement of elections of members to the Panchayats and Taluk Boards in the State Whereas, the term or the extended term of office of the members of the Panchayats and Taluk Boards constituted under the Karnataka Village Panchayats and Local Boards Act, 1959 are due to expire in February and November 1974 respectively and elections are to be held; And whereas, representations have been received for postponement of the said elections; And whereas, it is considered necessary to provide for the postponement of elections to the Panchayats and Taluk Boards in the State and to provide consequentially for the continuance of the term of office of the members; Be it enacted by the Karnataka State Legislature in the Twenty-fifth year of the Republic of India, as follows.-

Section 1 Short title, commencement and duration

(1) This Act may be called the Karnataka Village Panchayats and Taluk Boards (Postponement of Elections) Act, 1974.

(2) It shall be deemed to have come into force on the Fourth day of January, 1974.

(3) It shall remain in force up to and inclusive of 28th February 1975 or such earlier date as the State Government may by notification specify and upon the expiry of this Act, Section 6 of the Karnataka General Clauses Act, 1899 shall apply as if this Act were a permanent Karnataka Act and had been repealed by a Karnataka Act immediately before its expiry.

Section 2 Definitions

In this Act, unless the context otherwise requires.-

(a) "Act means the Karnataka Village Panchayats and Local Board Act, 1959 (Karnataka Act 10 of 1959);

(b) the expressions Panchayats" and "Taluk Boards' shall have the meaning assigned to them in the Act.

Section 3 Postponement of Elections, etc.

(1) Notwithstanding anything contained in the Act or in the rules made thereunder or in any judgment, decree or order of any Court or other authority. -

(a) during the period this Act is in force no general election to any Panchayat or Taluk Board and no bye-election to fill any casual vacancy in any Panchayat or Taluk Board shall be held or if any such election is commenced but the poll has not taken place the election shall not be completed;

(b) the term of office (including any extended term of office) of the members of Panchayats or of the members of the Administrative Committee of any Panchayat appointed under the Act or of the members of Taluk Boards or of the Administrator appointed under the Act who were in office on the date of commencement of this Act (and whose term or extended term will expire during the period this Act is in force) shall be deemed to be extended during the period this Act is in force and every such member or Administrator shall continue to hold office during the said period.

(2) Nothing in sub-section (1) shall be deemed to preclude the supersession of any Panchayat or Taluk Board in accordance with the provisions of the Act.

Section 4 Arrangement to be made to constitute new Panchayats and Taluk Boards before the expiry of the extended term of the existing Panchayats, Taluk Boards, members and Administrators

Notwithstanding anything contained in this Act, after a date (being a date before the date of expiry of this Act) to be notified by the State Government in the official Gazette, arrangements shall be made by the Deputy Commissioner and other officers concerned to constitute new Panchayats and Taluk Boards in accordance with the provisions of the Act and the rules made thereunder before expiration of the term of office of the members and Administrators of Panchayats and Taluk Boards which stand extended during the period this Act is in force.

Section 5 The Application of the Act.

Except as otherwise provided by or under this Act, the Act shall in all other respects apply to the Panchayats and Taluk Boards.

Section 6 Removal of difficulties

If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by notified order, not inconsistent with the provisions of this Act, remove the difficulty.

Section 7 Repeal of Karnataka Ordinance No. 1 of 1974

The Karnataka Village Panchayats (Postponement of .Elections) Ordinance, 1974 (Karnataka Ordinance No. 1 of 1974) is hereby repealed: Provided that anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under the corresponding provisions of this Act.