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State of Karnataka - Section

Section 302A in Karnataka Panchayat Raj Act, 1993

302A. Constitution of new district or taluk by altering limits of the existing districts and taluks.

(1)If during the term of office of the members of a Zilla Panchayat of a district or Taluk Panchayat of a taluk (hereinafter referred to as an existing Zilla Panchayat or existing Taluk Panchayat) a new district or taluk is constituted (hereinafter referred to as new district or as the case may be , new taluk) under the Karnataka Land Revenue Act, 1964 by altering the limits of such district or taluk, notwithstanding anything to the contrary contained in this Act, the following consequences shall ensue with effect from the date of such constitution of a new district or taluk, namely:-
(a)there shall be a Zilla Panchayat for the new district, or as the case may be, a Taluk Panchayat for the new taluk which shall consist of members of the existing Zilla Panchayat or Taluk Panchayat representing the territorial constituencies, the whole or major part of the area comprised in which is included in the new district or new taluk and other members referred to in section 120 or 159, as the case may be, and the total number of members of the existing Zilla Panchayat or Taluk Panchayat already determined shall stand reduced accordingly;
(b)the Zilla Panchayat of the new district or Taluk Panchayat of the new taluk shall at its first meeting after the constitution of the new district or taluk, as the case may be, elect one of its members to be Adhyaksha, and one of its members other than the Adhyaksha to be the Upadhyaksha;
(c)the Zilla Panchayat of the new district or Taluk Panchayat of the new taluk shall, as soon as may be elect members of the committees under section 148, or as the case may be, under section 186;
(d)the members of the Zilla Panchayat of the new district, or as the case may be, Taluk panchayat of the new taluk shall, subject to the provisions of sections 128, 129, 135, 136, 167, 168, 174 and 175 hold office for the unexpired portion of their term of office as members in the existing Zilla Panchayat, or as the case may be, existing Taluk Panchayat;
(e)the term of office of the Adhyaksha and Upadhyaksha and the members referred to in clauses (b) and (c) shall, subject to the provisions of sections 138, 140, 148, 177, 179 and 186 expire on such date as the government may by notification specify.
(2)Any appointment, notification, notice, tax, order, scheme, licence, permission, rule, regulation, bye-law or form made issued or imposed in respect of the existing Zilla Panchayat or Taluk Panchayat shall continue in force and be deemed to have been made, issued or imposed in respect of Zilla Panchayat or Taluk Panchayat of the new district or as the case may be, new taluk until it is superceded or modified by any appointment, notification, notice, tax, order, scheme, licence, permission, rule, regulation, bye-law or form made, issued, imposed or granted under the Act:Provided that where a new district or new taluk is constituted by altering the limits of two or more existing districts or taluks, the Government may, by notification, direct that from the date specified thereunder, only such appointment, notification, notice, tax, order, scheme, licence, permission, rule, regulation, bye-law and form made, issued or imposed in respect of such of the existing Zilla Panchayats or Taluk Panchayats shall be applicable to the Zilla Panchayat of the new district and Taluk Panchayat of the new taluk and only such appointments, notifications, notice, tax, order, scheme, licence, permission, rule, regulation, bye-law and form shall thereupon continue in force.
(3)Unexpended balance of the fund and all other properties vesting in the existing Zilla Panchayat or Taluk Panchayat shall be transferred to the Zilla Panchayat of the new district or Taluk panchayat of the new taluk as the Government may by order direct.
(4)The rights and liabilities of existing Zilla Panchayat or Taluk Panchayat in respect of civil and criminal proceedings, properties, contracts agreements and other matters or things (including arrears of taxes, fees, cess and rates) arising in, and relating to any part of the area included in the new district or the new taluk shall vest in such Zilla Panchayat of the new district or Taluk Panchayat of the new taluk, as the Government may by order direct.
(5)Such officers and servants of the existing Zilla Panchayat or Taluk Panchayat may be transfered to Zilla Panchayat of the new district, or as the case may be, to the Taluk Panchayat of the new Taluk as the Government may by order direct and shall, until other provisions are made in according with this Act, be entitled to receive the same salary and allowances and be subject to the same conditions of service as they were entitled or subject to immediately before such transfer.
(6)All proceedings including appeals, pending before the existing Zilla Panchayat or Taluk panchayat or any officer immediately before the constitution of the new district or the new taluk and all prosecutions instituted by or on behalf of the existing Zilla panchayat or Taluk Panchayat or any officer thereof, pending immediately before such constitution shall be continued by or against or disposed of by, the existing Zilla Panchayat or Taluk Panchayat or such officer.
(7)The Government may, by notification, make such provision as appearing to it to be necessary or expedient,-
(i)for making deletions from, additions to, adaptations or modifications in any rule, bye-law, notification, scheme, permission or licence referred to in sub-section (2) in its application to the Zilla Panchayat of the new district, or as the case may be, the Taluk Panchayat of the new district, or as the case may be, the Taluk Panchayat of the new taluk: or
(ii)for removing difficulties arising in connection with the working of the existing Zilla Panchayat or existing Taluk Panchayat or the Zilla Panchayat of the new district or Taluk Panchayat of the new taluk.]