THE KARNATAKA GRAM SWARAJ AND PANCHAYAT RAJ (AMENDMENT) ACT, 2017
KARNATAKA ACT NO. 37 OF 2017
(First published in the Karnataka Gazette Extra-ordinary on the twelfth day of July, 2017)
(Received the assent of the Governor on the eleventh day of July, 2017)
An Act further to amend the Karnataka Gram Swaraj and Panchayat Raj Act, 1993.
Whereas, it is expedient further to amend the Karnataka Gram Swaraj and Panchayat Raj
Act, 1993 (Karnataka Act 14 of 1993) for the purposes hereinafter appearing;
Be it enacted by the Karnataka State Legislature in the sixty-eighth year of the Republic of
India, as follows:-
1. Short title and commencement.- (1) This Act may be called the Karnataka Gram Swaraj
and Panchayat Raj (Amendment) Act, 2017.
(2) It shall come into force at once.
2. Amendment of section 2.- In section 2 of the Karnataka Gram Swaraj and Panchayat Raj
Act, 1993 (Karnataka Act 14 of 1993) (hereinafter referred to as the principal Act), for clause (9A),
the following shall be substituted, namely:-
"(9A) “Designated Court” means the jurisdictional Court of Senior Civil Judge designated for
the trial of election disputes related to Gram Panchayats, Taluk Panchayats and Zilla Panchayats, in
whose territorial jurisdiction respectively, the panchayat area or a major portion of the panchayat
area is situated."
3. Amendment of section 13.- In section 13 of the principal Act, in sub-section (1), clause
(c), shall be omitted.
4. Amendment of section 48.- In sub-section(1) of section 48 of the principal Act, for the
first proviso the following shall be substituted, namely:-
Provided that Adhyaksha or Upadhyaksha of a Gram Panchayat shall,-
(i) on the grounds of proven physical or mental incapacity certified by a competent authority
approved by the State Election Commission; or;
(ii) on the grounds of securing employment in central Government or State Government or
public undertakings;
-resign his office or membership, or be liable for removal.
5. Amendment of section 64.- In section 64 of the principal Act, in sub-section (1), the
words “or errect advertisement hoarding” shall be omitted.
6. Amendment of section 129.- In section 129 of the principal Act, in sub-section (1), clause
(d) and the proviso shall be omitted.
7. Amendment of section 141.- In section 141 of the principal Act, in sub-section (2), in
clause (a), for the words “the date of subsequent ordinary meeting shall fixed at the previous
meeting”, the words “the date of each subsequent ordinary meeting shall be decided by the
Adhyaksha and he shall inform the same at the immediately preceding meeting’’ shall be
substituted.
8. Amendment of section 157.- In section 157 of the principal Act, in sub-section (4), for
the word “Secretary”, the words “the Executive Officer’’ shall be substituted.
9. Amendment of section 168.- In section 168 of the principal Act, in sub-section (1),
clause (d) and the proviso there under shall be omitted.
10. Amendment of section 180.- In section 180 of the Principal Act, in sub-section (2), in
clause (a), for the words “the date of subsequent ordinary meeting shall fixed at the previous
meeting”, the words “the date of each subsequent ordinary meeting shall be decided by the
Adhyaksha and he shall inform the same at the immediately preceding meeting’’ shall be
substituted.
11. Amendment of section 199.- In section 199 of the principal Act, in sub-section (3),
clause (c) shall be omitted.
12. Amendment of section 246.- In section 246 of the principal Act, for the words
“Controller of State Accounts” wherever it appears, the words “Director General, Karnataka State
Accounts And Audit Department” shall be substituted.
13. Amendment of section 296A.- In section 296A of the principal Act, in sub-section (1),
for the words, "district judge or an", the words "district judge or a retired" shall be and shall always
be deemed to have been substituted.
14. Amendment of section 308-AB.- In section 308AB of the principal Act, in sub-section
(1), for the words “State Election Commission”, the words “Returning Officer” shall be substituted.
15. Insertion of section 308AD.- After section 308AC of the principal Act, the following shall
be inserted, namely:-
“308-AD. Account of election expenses and maximum thereof.- (1) Every candidate at an
election to Zilla Panchayat or Taluk Panchayat under this Act shall either by himself or by his
election agent, keep a separate and correct account of all expenditure in connection with the
election, incurred or authorized by him or by his election agent between the date of which he has
been nominated and the date of declaration of the result thereof, both dates inclusive.
(2) Any expenditure incurred or authorized in connection with the election of the candidate
referred to in sub-section (1) by a political party or by any other association or body or persons or by
any individual (other than the candidate or his election agent) shall not be deemed to be the
expenditure in connection with the election incurred or authorized by the candidate or by his
election agent for the purpose of sub-section (1).
Explanation 1: For the purposes of this sub-section, ‘Political Party’ shall have the same
meaning as in the Election Symbols (Reservation and Allotment) Order, 1968 for the time being in
force.
Explanation 2: For the removal of doubts, it is hereby declared that any expenditure incurred
in respect of any arrangement made facilities provided or any other act or thing done by any person
in the service of the Government or the service of the Zilla Panchayat or Taluk Panchayat as the case
may be, the discharge or purported discharge of his official duty for, or to, or in relation to any
candidate or his election agent or any other person acting with the consent of the candidate or his
election agent (whether by reason of the office held by the candidate or for any other reason) shall
not be deemed to be expenditure in connection with the election incurred or authorized by a
candidate or by his election agent for the purpose of this section.
(3) The account shall contain such particulars as may be prescribed.
(4) The total of the said expenditure shall not exceed such amount as may be prescribed."
16. Amendment of section 310A.- In section 310A of the principal Act, in sub-section (2),
in clause (v), for the words “each Zilla Panchayat”, the words “the Government” shall be substituted.
17. Amendment of schedule-IV.- In schedule-IV to the principal Act, clause (c) and entries
relating thereto shall be omitted.
18. Transfer of Pending Cases.- All cases pending pertaining to election disputes of the Zilla
Panchayat before the jurisdictional District Judge on the date of commencement of the Karnataka
Gram Swaraj and Panchayat Raj (Amendment) Act, 2017 shall immediately be transferred to the
jurisdictional court of Senior Civil Judge.
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