Are Juvenile Homes Fit For Justice

KARNATAKA LEGISLATIVE COUNCIL HUNDRED AND SIXTH SESSION

THE KARNATAKA PANCHAYAT RAJ (AMENDMENT) BILL, 2007

[L.A. Bill No. 29 of 2007]

(As passed by the Legislative Assembly)

A Bill further to amend the Karnataka Panchayat Raj Act, 1993.

Whereas it is expedient further to amend the Karnataka Panchayat Raj Act, 1993 (Karnataka Act 14 of 1993) for the purposes hereinafter appearing:

Be it enacted by the Karnataka State Legislature in the fifty-eighth year of the Republic India, as follows:-

1. Short title and commencement:- (1) This Act may be called the Karnataka Panchayat Raj Act (Amendment) Act, 2007.

(2) It shall come into force at once.

2. Amendment of section 3:- In the Karnataka Panchayat Raj Act, 1993 (Karnataka Act 14 of 1993) (hereinafter referred to as the principal Act) in section 3, in sub-section (3), after clause (b), the following provisos shall be inserted. Namely:-

“Provided that in the case of any housing scheme or programme funded by the Government and entrusted to the Gram Panchayat, Taluk Panchayat or the Zilla Panchayat, for implementation, any committee or authority of the Government constituted in this behalf by notification, may be empowered to select the beneficiaries of such housing scheme or programme from among the eligible persons identified by the concerned Gram Panchayat.

Provided further that where the Gram Panchayat fails to identify eligible persons for a housing scheme or programme as required by the guidelines of the scheme, the Government may authorize any office or authority to be constituted under the Chairmanship of the Member Legislative Assembly of the constituency to make such identification in accordance with the guidelines of the scheme.

3. Amendment of section 3A:- in section 3A of the Principal Act, in sub-section (3), after clause (c), the following provisions shall be inserted namely:-

STATEMENT OF OBJECTS AND REASONS

(As appended to at the time of introduction)

Sub-section (3) of section and sub-section (3) of section 3A of the Karnataka Panchayat Raj Act, 1993 provides for the powers and functions of the Ward Sabha and Gram Sabha respectively. The Gram Panchayats are required to select beneficiaries for various schemes through Ward Sabhas and Gram Sabhas. The Gram Panchayats have not been functioning effectively which has affected the implementation of these programmes. Hence, it is considered necessary to make a provision for constitution of Ashraya Committees to select the beneficiaries.

FINANCIAL MEMORANDUM

There is no extra expenditure involved in the proposed measure

C.M. UDASI

Minister for Rural Development and Panchayat Raj

K. JAYASHANKARAMURTHY

Secretary

ANNEXURE

Extract from the Karnataka Panchayat Raj Act, 1993 (Karnataka Act. 14 of 1993)

3. Ward Sabha:- (1) Subject to the general orders of the Government, Ward Sabha shall meet at least once in six months.

(2) The quorum for the meeting of a Ward Sabha shall be not less than one tenth of the total number of members of the Ward Sabha or twenty members whichever is less. As far as may be, not less than thirty percent of the voters attending the Ward Sabha, shall be women. As far as may be the persons belonging to the Scheduled Castes and Scheduled Tribes shall be represented in proportion to their population in the Ward Sabha.

(3) Ward Sabha shall, subject to such rules as may be prescribed, exercise the following powers and discharge the following functions, namely:-

(a) to generate proposals and determine the priority of schemes and development programmes to be implemented in the area of the Ward Sabha and forward the same to place it before the Gram Sabha for inclusion in Gram Panchayat development plan;

(b) to identify the most eligible persons from the area of Ward Sabha for beneficiary oriented schemes on the basis of criteria fixed and prepare list of eligible beneficiaries in the order of priority and forward the same to the Gram Panchayat for inclusion in its development plan;

3A. Gram Sabha:- (1) The Gram Sabha shall meet at least once in six months:

Provided that a Special meeting of the Gram Sabha shall be convened if a request is made by not less than ten percent of the members of the Gram Sabha with items of agenda specified in such request and there shall be a minimum three months period between two special meetings of the Gram Sabha.

(2) The quorum for the meeting of a Gram Sabha shall be not less than one tenth of the total number of members of the Gram Sabha or hundred members, whichever is less. As far as may be at least ten members from each Ward Sabha within the Panchayat area shall attend the meeting and not less than thirty percent of the members attending the Gram Sabha shall be women. As far as may be the persons belonging to the Scheduled Caste and Scheduled Tribes shall be represented in proportion to their population in the Gram Sabha.

(3) Subject to such rules as may be prescribed, the Gram Sabha, shall exercise powers and discharge functions as hereinafter provided, namely:-

(a) to consider and approve the annual plan prepared by the Gram Panchayat;

(b) to generate proposals and determine the priority of all schemes and development programmes to be implemented in the Panchayat area by the Zilla Panchayat or Taluk Panchayat after considering the recommendations and suggestions of the Ward Sabha through the Gram Panchayat.

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