The Karnataka Local Authorities (Prohibition of Defection) Act, 1987

Preamble

THE KARNATAKA LOCAL AUTHORITIES (PROHIBITION OF DEFECTION) ACT, 1987 ARRANGEMENT OF SECTIONS Statement of Objects and Reasons: Sections: 1. Short title and commencement. 2. Definitions. 3. Disqualification on the ground of defection. 3A. Disqualification on the ground of defection not to apply in case of split. 3B. Disqualification on the ground of defection not to apply in case of merger. 4. Decision on the question as to disqualification on the ground of defection. 5. Amendment of Karnataka Act 22 of 1964. 6. Amendment of Karnataka Act 14 of 1977. 7. Amendment of Karnataka Act 20 of 1985. 8. Bar on Jurisdiction of Courts. 9. Power to make rules. 10. Repeal and savings. diaCode STATEMENT OF OBJECTS AND REASONS I Act 20 of 1987 .- It has been considered necessary to provide for prohibition of defection by Members of Zilla Parishads Mandal Panchayats and Councillors of Municipal Corporations and the City and Town Municipal Councils from the political parties by which they were set up as candidates. In order to provide healthy politics in the local bodies it is considered necessary to disqualify such councillors subject to certain conditions in the case of merger or split. Opportunity is taken to amend the Karnataka Zilla Parishads, Taluk Panchayat Samitis, Mandal Panchayat and Nyaya panchayat Act, (Karnataka Act 20 of 1985). The Karnataka Municipal Corporations Act, 1976 (Karnataka Act 14 of 1977) and the Karnataka Municipalities Act, 1964 (Karnataka Act 22 of 1964). As the Karnataka Legislative Assembly was not in Session and since the matter was very urgent the Karnataka Local Authorities (Prohibition of Defection) Ordinance, 1986 (Karnataka Ordinance No.18 of 1986) was promulgated. The Bill seeks to replace the said Ordinance. Hence the Bill. (Obtained from L.A. Bill No. 3 of 1987) II Amending Act 13 of 1995 .- It is considered necessary to amend the Karnataka Local Authorities (Prohibition of Defection) Act, 1987,- (i) to provide for disqualification for intentionally remaining absent from the meeting; (ii) to enable a person elected as a Councilor or a Member otherwise than as a candidate set up by a political party to join any political party within the stipulated time; (iii) to provide the disqualification on the ground of defection not to apply in case of split and merger ; (iv) to make the Secretary, Rural Development and panchayat Raj Department as a Competent Authority to hear complaint in the case of Zilla Panchayat instead of Chief Secretary to Government ; (v) to enhance the outer limit of seven days for deciding the complaint to thirty days. Opportunity is also taken to make certain consequential amendments. Hence the Bill (Obtained from L.A. Bill No 9 of 1995. File No. LAW 53 LGN 1191) Amending Act 19 of 1995 .- It is considered necessary to amend the Karnataka Local Authorities (Prohibition of Defection) Act, 1987. to provide for the State Election Commission to decide the question of disqualification on the ground of defection in the case of a member of Zilla panchayat and Taluk Panchayat. As the matter was urgent and both the Houses of Karnataka Legislature were not in session, the Karnataka Local Authorities (Prohibition of Defection) (Amendment) Ordinance, 1995 was promulgated. (Obtained from L.A. Bill No. 30 of 1995. File No. LAW. 27 LG N. 1995.) indi's OC Hence the Bill Amending Act 17 of 2010 .- The post of Divisional Commissioner is now designated as Regional Commissioner. Therefore, it is considered necessary to make amendment to the Karnataka Local Authorities (Prohibition of Defection) Act, 1987, in order to empower the Regional Commissioner to dispose off the complaints referred to him regarding defection of the members of the Municipal Corporations under this Act. Hence the Bill. [L.A. Bill No. 11 of 2010, File No.DPAL 7 Shasana 2010] [Entry 5 of List II of the Seventh schedule to the constitution of India.] V Amending Act 5 of 2013 .- It is considered necessary to amend the Karnataka Local Authori

Sections

Type to filter. 11 sections.

1. 1Short title and commencement
2. 2Definitions
3. 3Disqualification on the ground of defection
4. 3BDisqualification on the ground of defection not to apply in case of merger
5. 4Decision on the question as to disqualification on the ground of defection
6. 5
7. 6Amendment of Karnataka Act 14 of 1977
8. 7Amendment of Karnataka Act 20 of 1985
9. 8Bar on Jurisdiction of Courts
10. 9Power to make rules
11. 10Repeal and savings