KARNATAKA ACT NO.

25 OF 2021
THE KARNATAKAGRAM SWARAJ AND PANCHAYAT RAJ
(AMENDMENT) ACT, 2021
Sections:
1. Short title and commencement
2. Amendment of section 5
3. Amendment of section 121
4. Amendment of section 122
5. Amendment of section 123
6. Amendment of section 124
7. Amendment of section 161
8. Amendment of section 162
9. Amendment of section 163
10. Amendment of section 308
11. Insertion of new sections 308-E to 308-M.
“308-E. Constitution of the Karnataka Panchayat Raj
Delimitation Commission.
308-F. Functions of the Karnataka Panchayat Raj Delimitation
Commission.
308-G Powers of the Karnataka Panchayat Raj Delimitation
Commission.
308-H. Meeting of the Karnataka Panchayat Raj Delimitation
Commission.
308-I. Employees of the Karnataka Panchayat Raj Delimitation
Commission.-
308-J. Power to issue Directions
308-K. Proceedings of the Delimitation Commission not to be
invalidated by vacancies or absence.-
308-L. Protection of action of taken in good faith
308-M. Power to remove difficulties
12. Transitory Provisions
 STATEMENT OF OBJECTS AND REASONS

ACT 25 OF 2021.-Whereas the Hon’ble Supreme Court in the case of

DravidaMunetraKazhagam (DMK) Vs Secretary, Governor’s Secretariat and
others case reported in (2020) 6 sec 548 date 06.12.2019 has held that
while making delimitation the object of maintaining ratio between the
population and territory cannot be effectively achieved without any research
or proposal by the Delimitation commission; and delimitation exercise for
constitution of local bodies at all leaves is properly undertaken as per
criteria for delimitation of Constituencies.

And whereas several writ petitions have been filed before the Hon’ble
High Court of Karnataka challenging the delimitation notification and
reservation notification made by the Karnataka State Election Commission
as arbitrary, irrational, illegal and ultra vires of the constitution.

Now therefore, it is considered necessary to further amend the

Karnataka Gram Swaraj and Panchayat Raj Act,1993 to provide for,-

(i) Constitution of Delimitation Commission;

(ii) Participation of experts in the process of Delimitation;

(iii) Powers of theDelimitation Commission;

(iv) Functions of the Delimitation Commission;

(v) Delimitation Commission shall call for objections from the public
before making recommendation to the Government; and

(vi) Certain consequential amendments are also made.

Hence the Bill.

[L.A. Bill No. 35 of 2021, File No. Samvyashae37 Shasana 2021]

[Entry 5 of List II of the Seventh Schedule to the Constitution of India.]
[Published in Karnataka Gazette Extra-ordinary No. 782 in part-IVA dated:
18.09.2021]
 KARNATAKA ACT NO. 25 OF 2021

(First Published in the Karnataka Gazette Extra-ordinary on the Eighteenth day of

September 2021)

THE KARNATAKAGRAM SWARAJ AND PANCHAYAT RAJ

(AMENDMENT) ACT, 2021
(Received the assent of the Governor on the Eighteenthday of September 2021)

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 seventy second
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, 2021.
(2) It shall come into force at once.
2.Amendment of section 5.-In section 5 of the Karnataka Gram
Swaraj and Panchayat Raj Act, 1993 (Karnataka Act 14 of 1993) (hereinafter
referred to as the Principal Act),-
(i) in sub-section (1), for the words “State Election Commission” the
word “Government” shall be substituted;
(ii) in sub-section (2), for the words “State Election Commission” the
word “Government” shall be substituted;
(iii) in sub-section (3), for the words “State Election Commission” the
word “Government” shall be substituted;
(iv) in sub-section (4), for the words “State Election Commission” the
word “Government” shall be substituted; and
(v) in sub-section (5), for the words “State Election Commission” the
word “Government” shall be substituted.
3.Amendment of section 121.-In section 121 of the Principal Act, for
the words “State Election Commission” the word “Government” shall be
substituted.
4.Amendment of section 122.-In section 122 of the Principal Act, for
the words “State Election Commission” the word “Government” shall be
substituted.
5.Amendment of section 123.-In section 123 of the Principal Act, for
the words “State Election Commission” wherever they occur, the word
“Government” shall be substituted.
6.Amendment of section 124.-In section 124 of the Principal Act,-
(i) for the words “State Election Commission” the word “Government”
shall be substituted; and
(ii) in clause (c), the words “or constituencies in which seats are
reserved for the Scheduled Castes, Scheduled Tribes, Backward Classes and
Women” shall be omitted.
7.Amendment of section 161.-In section 161 of the Principal Act, for
the words “State Election Commission” the words “Government based on the
recommendation of the Karnataka Panchayat Raj Delimitation Commission ”
shall be substituted.
8.Amendment of section 162.-In section 162 of the Principal Act,for
the words “State Election Commission” wherever they occur, the word
“Government” shall be substituted.
9.Amendment of section 163.-In section 163 of the Principal Act,-
(i)for the words “State Election Commission” the words “Government
on the recommendation of the Karnataka Panchayat Raj Delimitation
Commission” shall be substituted; and
(ii) in clause (c), the words “or constituencies in which seats are
reserved for the Scheduled Castes, Scheduled Tribes, Backward Classes and
Women” shall be omitted.
10.Amendment of section 308.-In section 308 of the Principal Act,
in sub section (1), the words “delimitation of territorial constituencies
and”shall be omitted.
11. Insertion of new sections 308-E to 308-M.-After section 308-D
of the Principal Act, the following sections shall be inserted, namely:-
“308-E. Constitution of the Karnataka Panchayat Raj Delimitation
Commission.-(1) The State Government shall constitute a Commission
called theKarnataka Panchayat Raj Delimitation Commission consisting of
the following members, namely:-
Retired Chief Secretary or Additional Chairman
Chief Secretary to be appointed by the
Government
Retired Secretary to Government or a Member
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 .
One expert in Rural Development and Member
Panchayat Raj sector to be nominated by
the Government.
Commissioner of Panchayat Raj Ex-Officio Member
Department.
Director, Panchayat Raj, and ex-officio Ex-Officio Member Secretary
Joint Secretary to Government, dealing
with Taluk Panchayat and Zilla
Panchayat in Rural Development and
Panchayat Raj Department.

(2) The headquarters of the Karnataka Panchayat Raj Delimitation

Commission shall be at Bengaluru.
308-F. Functions of the Karnataka Panchayat RajDelimitation
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 on
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 Panchayat into as many wards or
constituencies as the number of members required to be elected to that
Grama Panchayat or Taluk Panchayat orZilla 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 constituencies 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
constituencies , 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 and give an opportunity of being heard to
the publicunder this section.
308-G Powers of the Karnataka Panchayat Raj Delimitation
Commission.- (1) The Karnataka Panchayat RajDelimitation Commission
shall determine its own procedure and shall, in the Performance 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 RajDelimitation 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 RajDelimitation 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 Commissionor the Act, as the case may 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 provided 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 of 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 inconsistent with the provisions of this Act, do
anything which appears to be necessary or expedient for the purpose of
removing the difficulty.”
12. Transitory Provisions.-On and from the date of commencement
of the Karnataka Gram Swaraj and Panchayat Raj (Amendment) Act, 2021,-
(i) All delimitation notifications of constituencies of Taluk Panchayats
and Zilla Panchayats, in force, shall stand lapsed;
(ii) All notifications reserving the constituencies of Taluk Panchayats
and Zilla Panchayats, in force, based on existing delimitation of
constituencies shall also stand lapsed;and
(iii) The State Government shall immediately take steps to constitute
the Karnataka Panchayat Raj Delimitation Commission.

The above translation of ಕರ್ನಾಟಕಗ್ರಾ ಮಸ್ವ ರಾಜ್ಮ ತ್ತು ಪಂಚಾಯತ್ರಾ ಜ್

(ತಿದ್ದು ಪಡಿ) ಅಧಿನಿಯಮ, 2021 (2021ರ ಕರ್ನಾಟಕ ಅಧಿನಿಯಮ ಸಂಖ್ಯೆ : 25)be published
in the official Gazette under clause (3) of Article 348 of the Constitution of India.

THAAWARCHAND GEHLOT
GOVERNOR OF KARNATAKA

By Order and in the name of

the Governor of Karnataka,

G. SRIDHAR
Secretary to Government
Department of Parliamentary Affairs
and Legislation