7D1

TTIE KERALA PANCHAYAT RAJ ACT,I994

(Act 13of 1994asamended by Acts7 of 1995,7of 1996,8of 1998,ll of 1999,13of 1999, 13 of 2000,12of 2OOl, 9 of 20[3, 3 of 2005& Act 5 of 2005) An Act to replacethepresent eturctment relatingto panchayats and District Councils by a comprehensive enactment.
CONTENTS Chapter I Chapter 2 Chapter 3 Chapter 4 Chapter 5 Chapter 6 Chapter 7 Chipter 8 Chapter 9 Chapterl0 Chapter I I Chapter 12 Chapter 13 Chapter 14 Chapter 15 Chapter16 Chapterl7 Chapterl8 Chapter19 Chapter 20 Chapter21 Chapter2lA: Chapter 22 Chapter 23 Chapter 24 Chapter 25 Chapter 25A: Chapter 25B: Chapter 25C: Chapter 26 : Preliminary Grama Sabha Constitution of Panchayatsat Different Levels DelimitationoI Constituencies Officers and Staff of StateElection Commission Preparationof Electoral Rolls Qualifications and Disqualifi cations Notification of General Elections and Administrative Machinery for the Conductof Elections Conductof Elections Disputes Regarding Election Corrupt Practicesand Electoral Offences Sta[[ ElectionCommission General Provisions Regarding Elections Provision Relating to Members and Presidentof Panchayats Meetings, Powers, Functions, Duties and Property of Panchayats Officers and Employees of Panchayats FinanceCommissionand Its Powers Functions of the Government Finance and Taxation Public Safety, Convenienceand Health Buildings Generaland miscellaneous Rules, Bye-Laws and Penaltiesfor Their Breach Penalties Registration of Tutorial Institutions Registration of Private Hospitals and ParamedicalInstitutions Right to Information Ombudsman for Local Self Government Institutions Tribunal for Local Self Government Institutions SupplementalProvisions.

l, 2, 3, 4, 5, 6, 7, 8. Schedule

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Preamble - Whereasit is expedientto replacethe (D present enactments relating to Panchayatsand district councils by a comprehensiveenactment (ii) to establish a three-tier PanchayatRaj system in the State in line with the Constitution (Seventy-third Amendment) Act, 1992, for securing a great measure of participation of the (iii) people in planned development and in local Governmental affairs, by constituting Village, block and district Panchavats: Andendow suchPanchayats with suchpowers and authority to enable them to function as (iv) institutionsof self-Government.
(v)

means an article of the Constitutions of India. 'Block Panchayat' means a block panchayat constituted at intermediate level under clause (b) of sub-section, section4: 'building' includes a house, out-house, latrine, stable shed, hut and any other structure, whether of masonry, bricks, wood, mud, metal or any other material whatsoever: 'bye-election' means an election other than generalelection. 'candidate' meansa personwho hasbeen orclaims to havebeen duly nominatedas acandidateat any election: 'casual vacancy' means a vacancy occuning otherwise than by efflux of time: r[ "(vi) a. 'Committee' means- a standing committee constituted under this Act or any other committee constituted by the panchayat for any specific purpose. 'constituency' means the territorial area (by whatever name called) for the purpose of election of a member to a Panchayat at any level: 'corrupt practice' means any of the practices specifiedin section 120: 'cost' in relation to an election petition means all costs, changes andexpenses of, or incidental to, the trial of, an election petition; 'district' meansa revenue district; 'districtelection officer' meansan officer designated or nominated by the State Election Commissionunder sub-section ( 1 ) o f s e c t i o n1 3 ;

'article'

And entrusting such panchayats the preparation of plans and implementation of schemesfor economic development and social (vi) justice including the implementationof schemes in relation to the matters listed in the Eleventh Scheduleto the Constitution: Be it enacted in the Forty-fifth Year of the Republic of India as follow: CHAFTERI
PRELIMINARY

(vii)

I. Short title, extent qnd commencement.- (-l) This Act may be called the Kerala PanchayatRaj Act, 1994. (viii) (l) Itextendstothewholeof theStateofKerala (ix) exceptthe areaswhich are within the limits of the Cantonments, Nagar Panchayats, Municipal Councils, Municipal Corporations and the Industrial areasof the State. (2) It shall come into force at once. 2. Definitions. - In this Act, unless the context, otherwiserequires-

(x) (xi)

' Inse(ed by Act 13of 1999.

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THE KERAIA PANCHAYAT MJ ACT

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(xii)

(xiii)

(xiv)

(xv)

Panchayat' means a district (xxi) panchayatconstitutedat the district level under clause (e) of sub-section(l) of section4; 'district panchayat area' meansthe rural [2(xxii) areaswithin a district to be notified by the Governmentfor the purposeof clause(c) ( I ) of section4. of sub-section 'election' meansan electionto fill a seat in any of the constituencies in a (xxiii) Panchayatat any level; 'elector' in relationto aconstituency(by whatever name called) means a person whosenameis enteredin the electoralroll of that constituency,for the time being in force, and who is not subjectto any ofthe disqualifications mentioned in section

'district

(xvi)

t7; 'electoral right' means the right of a

person to stand or not to stand as or to withdraw or not to withdraw from being, a candidate or to vote at an election; (xvii) 'generalelection'means theelectionheld under this Act for the constitution or reconstitution of at panchayat after the expiry of its term or otherwise; (xviii) 'Government' meansthe governmentof Kerala; 'house' (xix) means a building or hut used or fit to be used as a residenceor otherwise having separateprincipal entrance from the common way and includesany shop, workshop or warehouseor any building, used for parking vehicles or as a bus stand. 'hut' means (xx) any building which is constructed principally of wood, mud, leaves, grass or thatch and includes any temporary structure of whatever size or any small building of whatevermaterials made, which a village panchayatmay declare to be a hut for the purposeofthis AcL

level' means a level between the village and district levels specified by the Governor under clause (c) of article 246; 'Local Authority' or Local self-Government institution means. a Panchayatat any level constituted under section4 of this Act or a Municipality constitutedunder section 4 of the Kerala Municipality Act,1994 (20 of 19941. 'market' means any place set apart for ordinarily or periodically used for the assembling of persons for the sale or purchase of grain, fruits, vegetables, meat, fish or other perishable articles of food or for the sale, or purchase of live-stock or poultry, or of any agricultural or industrial produce for any raw or manufactured products or any otherarticlesor commodity necessary for the convenience of life provided that a singleshopor a group ofshops not being more than six in number shall not be deemeda market; (xxiv) 'member' means the member of a Panchayat at any level; (xxv) 'Panchayat'meansa village panchayat, a block panchayator a district panchayat. (xxvi) 'Panchayatarea' means the area within the territorial jurisdiction of a panchayat; (xxvii) 'Political party' means a political party registered under section 29A of the Representation of the PeopleAct, l95l (CentralAct 43 of l95l); (xxviii)'polling stations' - means any place appointed for holding election to a Panchayat; (xxix) 'population' means the population assessed at the last census the relevant details of which have been officially published; (xxx) 'prescribed' means prescribed by the rules made under this Act:

'intermediate

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'Vice-President' or means the President or the Vice-President of a Village panchayat or block panchayat or district panchayatas the casemay be; (xxxii) 'private market' meansany market other than a Public Market; (xxxiii)'public market' means any market owned, constructed, repaired or (xxiv) maintainedby a village panchayat; (xxxiv) Public holiday' meansany day which is declaredasa holiday by the Government; (xxv) (xxxv) 'public road' means any street, road, square, court, alley, passage,cart-tract, foot-path or riding path, over which the public have right of way, whether a (xxvi) thoroughfare or not, and includes, (xxxi) (a) The road-way over any public bridge or causeway; (b) The footway attachedto any suchroad, public bridge or causeway;and (c) The drains attachedto any such road, public bridge or causeway, and the land whether covered or not by any pavement,verandahor other structure which lies on either side of the road-way upto the boundaries of the adjacent property whether the property to private property or property belonging to the State or Central government; (xxii) date in relation to the preparationor revision ofevery electoral roll means the lst day of January of the year in which it is so preparedor revised; (xxiii) 'residence' or to 'reside', a person is deemed to have his 'residence' or to 'reside' to'any house if he some times uses any portion thereof as a sleeping apartment as of right and a person is not 'qualifying

'President'

deemed to cease to reside in any such houseor portion thereofmerely because he is absent from it or has elsewhere anotherdwelling in which he residesif he is at liberty to return to such house at any time and has not abandoned his intentionof returningl 'returned candidate' means a candidate whose name has been published under section 83; 'Schedule Castesand Scheduled Tribes' shall have the same meaning as in the Constitutionof India; 'Secretary' means the Secretary of Village Panchayator a block Panchayat or a District Panchayatas the case mav be: (xxvii) 'State' means the State of Kerala; (xxviii) 'StateElection Commission' meansthe State Election Commissioner appointed by the Governor under article 243 K; (xxix) 'Taluk meansa revenue Taluk; (xxx) 'Village' means a Village specified by the Governor under clause (g) of article 243; (xxxi) 'village Officer' means the 'officer in charge of a revenue village; (xxxii) 'village panchayat' means a village panchayat constituted for a village or for a group of village under clause (a) of (l) ofsection4; sub-section 'watercourse' (xxxiii) includesany river, stream or channel whether natural or artificial; (xxxiv) 'year' means the financial year; (xxxv) words and expression used but not defined in this Act, but defined in the Constitution of India shall have the meanings respectively assignedto them in the Constitutionof India.

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CHAFTERTI GRAMASABTH 3. Grama Sabha (l) For the purpose of this chapter, each constituency of village panchayat may be specified as a village under clause (g) of article 243. (2) All persons whose names are included in the electoral rolls relating to a village comprised within the area of a village panchayat shall be deemed to be constituted asGramaSabhaof such village.

perform his functions as such, the Presidentmay appoint a member representing any adjacent constituency as the convenor. (5) Every meeting of the Grama Sabha shall be presided over by the President of the village panchayat or in his absence the vice-president or in the absence ofboth ofthem bv the convenorof GramaSabhas.

(6) The village panchayat shall place before the Grama Sabha a report relating to the developmental programmes relating to the constituency during the previous year and these that are proposed to by undertaken during the current year, and the expenditure therefore, the (3) [3Grama Sabhashall meet at leastonce in annual statement of accounts and the three months at the place fixed by the Village administration report of the preceding year. If in Panchayatand to such meetings,the convenor of any circumstances, any decision of the grama the Village Panchayatshall, compulsorily invite sabha could not be implemented, the president beforethe Grama the member of the Block Panchayat,the District shallreportthereasontherefore, Sabha. Panchayat and the Legislative Assembly representingthe area of the Grama Sabha. (7) The village panchayats, the block panchayats and the district panchayats shall give Provided that the Convenor shall, on arequest due consideration to the recommendationsand in writing made by not less than ten per cent of suggestions, if any, of the Grama Sabha. the members of any Grama Sabha, convene a specialmeeting of the Grama Sabhawithin fifteen Ixxxxxx]a dayswith the agendagiven along with the request. 5 A. Powers, 13. function and rights of the Grama Provided further that such special meeting (l) Sabha Grama Sabhashall, in such manner shall be convened only once within the period and subject to such procedure, as may be between two general meetings] prescribed, perform the following powers and functions, namely: (4) The member of a village panchayar representing the constituency comprised in the (a) to render assistancein the collection and area of a village shall be the convenor of that compilation of details required to Grama Sabha; however due to any reason, formulate development plans of the physical or otherwise, the convenor is unable to panchayat;

Insertedby Act 13 of 1999. " Omitted by Act 13 of 1999. 5 Insertedbi Act 13 1999. of

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(b)

(c)

(d)

(e)

(0

(g)

(h)

(i)

CI)

(k)

to formulate the proposals and fixing of priority of schemes and development programmesto be implemented in the area of Village Panchayat; to prepare and submit to the Village Panchayat a final list of eligible beneficiaries in the order of priority relating to the beneficiary oriented schemeson the basic of the criteria fixed; to render assistance to implement effectively the development schemes by providing facilities locally required; to provide and mobilise voluntary service and contribution in cash or in kind necessaryfor the development plans; suggesting the location of street lights, street or community water taps, public wells, public sanitation units, irrigation facilities and such other public utility schemes; to formulate schemesto impart awareness on matters of public interest like cleanliness, environmental protection, pollution control and to give protection againstsocial evils like corruption,illicit and clandestine transactions: to promote harmony and unity among various groups ofpeople within the areaof the Grama Sabha and to organise arts and sportsfestivalsto developgoodwill among the people of that locality; to monitor and render assistanceto the beneficiary communities engagedin the developmentalactivities within the areaof the Village Panchayat. to verify the eligibility of persons getting various kinds of welfare assistancefrom the Government such as pensions and subsidies: to collect information regarding the detailed estimatesof works proposedto be implemented in the area of the Grama Sabha:

(l)

(m)

(n)

(o)

(p)

(q)

(r)

(s)

to make available details regarding the servicesto the renderedand the activities proposed to be done by the concerned officials in the succeedingthree months; to know the rationale behind every decision taken by the panchayatregarding the area of the Grama Sabha; to know the follow up action taken on the decisions of the Grama Sabha and the detailed reasonsfor not implementing any of the decisions: to co-operate with the employees of the village panchayats in the sanitation processes and rendering voluntary service for the removal of garbage; to find out the deficiencies in the arrangements for water supply, street lighting, etc., within the areaof the Grama Sabhaand to suggest remedialmeasures; to assist the activities of parent-teacher associations of the schoolswithin the area of the Grama Sabha; to assist the public health activities especially prevention of diseases and family welfare, within the area of the Grama Sabha. to perform such other functions as may be prescribedfrom time to time.

(2) The Grama Sabha shall, in its ordinary meeting or in the special meeting convened for the purpose; discuss the report referred to in sub-section(6) of section 3 and it shall have the right to known about the budgetary provisions, the detailsof plan outlay,item wise allocationof funds and details of the estimates and cost of materials of works executed or proposed to be executedwithin the area of the Grama Sabha. (3) The Audit report of the performanceaudit report placed for the considerationof the Grama Sabha shall be discussedin the meeting and its

voL. t9 No.4

THE KEMIA PANCHAYATRA"T ACT

715

views, recommendations and suggestions (8) When beneficiaries aie to be selected shallbe communicated to the concerned villase according to any scheme, project or plan, the panchayat. criticism for eligibility and order ofpriority shall be fixed by the panchayatsubjectof the terms and (4) The quorum of the Grama Sabha shall be conditions prescribed in the scheme, project or ten per centofthe numberofvoters ofits areaand plan and such criterion shall be publishedin the the procedure for convening and conducting manner prescribed and intimated to the Grama meetingsof the Grama Sabhashall be suchasmay Sabha. be prescribed. (9) The priority list prepared by Grama Provided that the quorum of the meting of a Panchayat after inviting applications for the Grama Sabha which was adjourned earlier for selection of beneficiaries and conducting want of quorum shall be fifty when convened enquiries on the application received, shall be scrutinisedat the meeting of the Grama Sabhain again. which the applicants are also invited and a final in the order of (5) The Officers of the Village Panchayats list ofthe deservingbeneficiaries, priority, shall prepared be and sent for the shall attend the meetings of the Grama Sabhaas approval of the Grama Panchayats. may be required by the President and an officer nominated by the Village Panchayat as the Provided that the Village Panchayatshall not co-ordinatorof the Grama Sabhashall assistthe changethe order ofpriority in the list sentby the convenor in convening and conducting the Grama Sabhafor approval: meetings of the GramaSabhaandin recordingits decisions in the Minutes Book and alsoin taking 3. B. Responsibilitiesof Grama Sabha. up follow up action thereon. (l) The GramaSabhashallhavethe following (6) The Grama Sabha may appoint, elect or responsibilities namely:constitute, general or special sub-committeesfor the detailed discussions on any issues or (i) dissemination of information regarding programmesand for the effective implementation developmentaland welfare activities; of the schemes and the decisions and in (ii) participating in and canvassing of furtheranceof its rights and responsibilities. programmes of Health and Literacy and such other time bound developmental Provided that suchcommitteesshall consist of programmes; not less than ten membersof whom, not less than (iii) collecting essentialsocio-economicdata; half shall be women. (iv) providing feed back on the performanceof programmes; development (7) Resolutions may be passed on majority (v) resort to moral sanction to pay taxes, basis, in the meetings of the Grama Sabha in repayment of loans promote respect of any issue with in its jurisdiction, environmentalcleanlinessand to maintain however, effort should be made to take decision socialharmony; on the basis of general consensusas far as (vi) mobilise local resources to augment possible. resourcesof the panchayat;

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JOU RNALOF INDIAN SCHOOLOF POLITICAL ECONOMY

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(vii)

supervising development activities as volunteer teams and (viii) make arrangementsfor reporting urgently incidenceof epidemics,naturalcalamities, etc.

Provided that any alteration extending or reducing the area of a village panchayat under clause(a) or clause(b) shall not be brought into force before the expiry ofthe term ofthe existing committee of that panchayat.

(3) The Government may after consultation (2) The Grama Sabha shall make periodical reports to the village panchayats in respect of with the panchayat,passsuchordersasthey deem fit as in the disposal of any part of the property mattersspecifiedin a section3 A.l vestedin a village panchayat which hasceased to CHAPTERIII exercisejurisdiction over any village or group of CONSTITUTION OF PANCHAYATS AT villagesand the discharge of the liabilities of the DIFFERENT LEVELS village panchayat relating to such property or 4. Power of the Government in constitute and arising from such village including all matters specifuthe name and headquarter of Panchayat.- concernedthere with or incidental thereto. (l) The Governmentshall, by notification in 5. Incorporation and administration of panchayats.the Gazette,constitute with effect from suchdate as may be specifiedin the notification:(l) Every panchayatshall be a body corporate by the name of the panchayat specified in the (a) a village panchayatfor each village or for notification issued under section 4. shall have groupof villages. perpetual succession and a common seal and (b) a block panchayat at intermediate level' shall, subject to any restriction or qualification and imposedby or under this Act or any other law, be (c) a district panchayat for each district vestedwith the capacityof suing or being issued panchayatarea and specify the namesand in its corporatename; of acquiring,holding and headquartersof such panchayats. transferring property, movable or immovable, of entering into contractsand of doing all things (2) The Government may, at the requestof the proper or expedientfor the purposefor necessary, panchayatconcerned,or after consultationwith which it is constituted. the panchayat and after previous publication of the proposalby notification,(2) A district panchayat,a block panchayatand a village panchayat shall exercise such powers, (a) increasethe area of any village panchayat perform such functions and duties and shall have by including within such panchayatarea such responsibilities and authorities as are any village or group of villages; provided by or under this Act or any other law for (b) diminish the areaof any village panchayat the time being in force. by excluding from suchpanchayatareaany village or group of villages; 6. Strength of Panchayats.(c) alter the headquarters of a panchayatat any level; or (1) The total number of sears in a village (d) alter the name of a panchayatat any level; panchayat, a block panchayat and a district

.,qq@I!lF'

voL. 19NO.4

THE KEMI.A PANCHAYAT MJ ACT

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(3) In every Village Panchayat,seatsshall be panchayatto be filled by direct election shall be with reservedfor the ScheduledCastesand Scheduled notified by the Governmentin accordance the scale specified in sub-section (3) with Tribes. referenceto the population ofthe tenitorial area of the panchayatconcerned. (4) The number of seats reserved under sub-section (3) shall be determined by the (2) The Government may after publication of Government and the number of seats so by notification determinedshall bear,asearly asmay be,the same therelevantfiguresof eachcensus alter the total number of seats in a Panchayat proportion to the total number of seats in that notified under sub-section(1) subjectto the scale Panchayat as the population of the Scheduled (3). specifiedin sub-section Castesin that Panchayatareaor, as the casemay be, ofthe ScheduledTribes in that Panchayatarea o [(g) ttre number of seatsto be notified under bearsto thetotal Populationofthe Panchayat area, (2) shallnot; (l) or undersub-section sub-section ? and such seatsshall be allotted to the [State Election Commissionl or an Officer authorised (lB) of section l0 by by it **under sub-section (a) in the case of Village Panchayat,be less different constituencies in that rotation to than twelve or more than twenty-two; area; Panchayat (b) in the case of a Block Panchayat,be less than twelve or more than twenty two; hovided that where the Population of the (c) in the caseof a District Panchayat,be less Scheduled Castes or the Scheduled Tribes in a than sixteen or more than thirtv two: Panchayatarea is not sufficient enough to make ofany seat,one seat Provided that the ratio betweenthe Population themeligible for reservation of the Territorial area of a Panchayatany level shall be reserved in that Panchayat, for the and the number of seatsin such Panchayatto be ScheduledCastesor the ScheduledTribes having filled by election shall, so far as practicable, be higherpopulation. the same throughout the State.] (5) One-third of the total number of seats (4) The procedure for fixing the strength of a reservedunder sub-section(4) shall be reserved Panchayatshall be such as may be prescribed. by the Government for women belonging to the Scheduledcastesor the ScheduledTribes as the 7. Composition of Village Panchayat. casemay be: (l) Every Village Panchayatshall consistof Provided that if the number of seatsreserved elected members equal to the number of seats for ScheduledCastesor, as the casemay be, the (l) of section6. notified under sub-section (4) is one, Tribes, under sub-section Scheduled (2) All the seatsin a Village Panchayatshall that seat shall not be reserved for women, be filled by personschosen by direct election in belonging to Scheduled Castes or Scheduled accordancewith the provisions of this Act. Tribes, as the casemay be
Amendment Act 5 of 2005. Substituted by Second I'Substituted by Act l3 of 1999. *x Substituted by Act 3 of 2005.

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(6) One+hird [including the seats reserved (5)l ofthe total numberofseats undersub-section in a Village Panchayatshall be reserved by the Government for women and such seats shall be allotted by the StateElection Commission or the ( lB) Officer authorised by it * * undersub-section of section 10 by rotation to different constituencies in the Village Panchayat area. (7) Nothing containedin sub-sections (3) to (6) shall be deemed so prevent members of the ScheduledCastesor the ScheduledTribes or the women from standing for election to the non-reserved seatsin a Village Panchaya t.

(4) The number of seats reserved under sub-section (3) shall be determined by the Government and the number of seats so determined shall bear as nearly as may be, the same proposition to the total number of seatsin that Block Panchayat,i.e., the population of the Scheduled Castesin that Block Panchayatareaor, asthe casemay be, of the ScheduledTribes in that Block Panchayat areabearsto the total population ofthat Block Panchayatareaand such seatsshall e be allotted by [the State Election Commission] or the Officer authorised by it x*under sub-section(1B) of section 10 by rotation to different constituenciesin that block panchayat area.

(8) A Village Panchayat shallhavea President and a Vice Presidentelectedby the membersof Provided that where the population of the the village Panchayatfrom among themselves. Scheduled Castesor ScheduledTribes in block panchayat area is not sufficient enough for 8. Composition of Block Panchaya.: reservationof any seat,one seatshall be reserved in that block panchayat,for the ScheduledCastes (1) Every block Panchayatshall consist of: - ofthe Scheduled Tribes having higher popularion. (a) elected members equal to the number of seats notified under sub-section (l) of section6: the Presidentsof the Village Panchayars in the territorial areaofthe Block Panchayat; and (5) One-third of the total number of seats reservedunder such section (4) shall be reserved by the Government for women belonging to the ScheduledCastesor the ScheduledTribes as the casemay be:

(b)

*[ ( ") . .................1

Provided that the number of seatsreservedfor Scheduled Castes or as the case may be, the (2) All the seats in a Block Panchayat notified ScheduledTribes under sub-section(4) is one, (1) of section6 shall be filled that seat need not be reserved for women under sub-section by persons chosen by direct election in belonging to ScheduledCastesor as the casemay accordancewith the provisions of this Act. be, Scheduled Tribes. (3) In every Block Panchayat,stipulated seats (6) One-third [including the seats reserved shall be reservedfor the ScheduledCastesand the under sub-section(5) of the total number of seats Scheduled Tribes. in a block panchayat shall be reserved by the

by Act 3 of 2005. l* Substituted 'Omitted by Act 7 of 1995. 'Substituted by Act 13of 1999. ** Substituted by Act 3 of 2005.

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voL.19NO.4

THE KEMI,A, PANCHAYAT MJ ACT

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Government for women and such seatsshall be t0 allottedby lthe StateElection Commissionlor the Officer authorisedby it ** under sub-section (lB) of section l0 by rotation to the different constituenciesin the block panchayatarea. (7) Nothing containedin sub-section (3) to (6) shall be deemed to prevent members of the ScheduledCastesor the ScheduledTribes or the women from standing for election to the non-reservedseatsin a block panchayat.

(4) The number of seats reserved under sub-section (3) shall be determined by the Government and the number of seats so determined shall bear, as nearly as may be, rhe same proportion to the total number of seatsu, that District Panchayatas the population of the ScheduledCastesin the District Panchayatarea or, as the casemay be, of the Scheduled Tribes in that District Panchayat area bears to the total population of that District Panchayat area, and 12 suchseats shall be allottedby the [StateElection Commissionl or the Officer authorisedby it xx

(8) A Block Panchayatshall have a President under sub-section(1B) section 10 by rotation to and a Vice President elected by the elected different constituencies in that District Panchayat members of the Block Panchayat from among area: themselves. Provided that where the population of the 9. Composition of the District Panchayat. Scheduled Castes or Scheduled Tribes in a District Panchayatarea is not sufficient enough (l) Every district panchayat shall consistof, - for the reservation of any seat, one seat shall be reserved for Scheduled Castes or Scheduled (a) elected'members equal to the number of Tribes in that Panchayat, having higher seats notified under sub-section (1) of population. section6; and (b) (5) One-third of the total number of seats the presidentsof the block panchayatsin the district; reservedunder sub-section(4) shall be reserved by the Government for women belonging to the " [(") ........... (d) ...............1 Scheduled Castes or, as the case mav be. the (2) All the seatsin a district panchayatnotified ScheduledTribes: (l) of section6 shall be filled under sub-section by persons chosen by direct election in Provided that the number of seatsreservedfor accordancewith the provisions of this Act. Scheduled Caste or, as the case may be, the ScheduledTribes under sub-section(4) is one. (3) In every Districtpanchayat, stipulatedseats that seat need not be reserved for women shall be reserved for Scheduled Castes and the belonging to ScheduledCastesor, asthe casemay Scheduled Tribes. be. ScheduledTribes.

ruSubstituted by Act l3 of 1999 *x Substituted by Act 3 of2005. 'j Omitted by Act 7 of 1995.

,,.rbid. *x Substituted by Act3 of2005.

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(2) All other members shall, before assuming office make and subscribean oath or affirmation in the form set out for the purpose in the second schedulebefore the memberofthe panchayatwho has been nominatedunder sub-section(l) on a date specified by the Government and before the (7) Nothing containedin sub-sections (3) to date fixed by the State Election Commission for (5) (6) shall be deemed to prevent members of the theelectionof the hesident undersub-section (1531 ScheduledCastesor the ScheduledTribes or the of section women from standing for election to the (3) A member who could not take an oath or non-reservedseatsin a District Panchayat. affirmation under sub-election (2) or a member elected in a bye-election may take such oath (8) A District Panchayat shallhavea President before the president. and a Vice-President elected by the elected members of the District Panchayatfrom among (4) No electedmember who has not taken an themselves. oath or affirmation under sub-section (l) or (2) or sub-section(3) shall vote or sub-section Chapters MO XIII not included here take part in the proceedingsof any meeting of the Panchayatin which he is a member nor shall he included as a member of any committee be CHAPTERXIV constituted by that Panchayat. PROVISION RELATING TO MEMBERS AND PRESIDENT OF PANCHAYATS (5) Governmentmay declarethe office of the 14U52,Oath or ffirmation by members. memberasvacatedon his own motion, when such a memberhas not enteredupon his office without (l) After every General election, the sufficient cause by taking, oath or affirmation Governmentshall, for conveningthe first meeting within a maximum period of thirty days from the of the panchayat, nominatea personelectedas a date he was declared as elected. member of the panchayat and he shall, before conveningsuch meeting,make and subscribe an 153.Election of President and Vice-President.oath or affirmation in the forms set out for the purpose in the second schedule before the (l) In every Panchayat there shall be a Government officer nominated by the hesident and a Vice-President elected from Government for the purpose: among the electedmembersof that Panchayatin

(6) One-third including the seats reserved (5) of the total numberof seats undersub-section in a District Panchayatshall be reserved by the Government for women and such seatsshall be t31the allotted by State Election Commissionl or **under the Officer authorised by it sub-section(1B)of section l0 by rotation to different constituenciesin the District Panchavat atea.

hovided that, as far as possible, the member nominatedby the Government shall be the eldest among the memberselectedto that panchayat.

*.* Substituted by theAct 3 of 2005. '' Substituted bv Act l3 of 1999.

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accordancewith the provisions of this Act t5[and level ofPanchayat in the different districts by the the presidentshall be full time functionary of the StateElectionCommissionbv notification in the Panchayatl Gazette. (2) On the constitution of a panchayator on its reconstitutionunder any provision of this Act, there shall be called a meeting [by the Returning Officer referred to in sub-section (6)lt6 for the election of its Presidentand Vice-Presidentfrom among the electedmembers of that Panchayat. (3) (a) The offices of President of Village Panchayats, Block panchayatsand district panchayatsin the State shall be reserved by the Government for the Scheduled Castes and the Scheduled Tribes and the number of the offices of Presidentreserved for Scheduled Castes and Scheduled Tribes in the panchayatsat each level in the stateshall bear,as nearly asmay be, the same proportion to the total number of offices of President at each level as the population of the ScheduledCastesin the Stateor of the ScheduledTribes in the State bears to the total population ofthe State; (i) One-third each of the total number of offices of President of village panchayats, block panchayats and in the Statereserved district panchayats (a); under clause and (ii) One{hird each of the total number of offices of President of village Panchayats, block Panchayats and district Panchayatsin the State, not so reserved, shall be reserved by the Government, for women. (b) In the caseof Block Panchayats andVillage Panchayatsthe reservedseatsfor the Scheduled Castes and Scheduled Tribes shall be allotted proportionateto their population in the respective districts. (c) In the case of Village Panchayat, the reservedseatsin eachdistrict shall be distributed within the area of among the Village Panchayats the various Block Panchavatsin the district. (d) Before issuing notification for General r8 election, the [State Election Commission shall allot by rotation the reserved seatsunder clause (a), (b) and (c) and the rotation shall start from in which the Scheduled the Panchayat Castesor Scheduled Tribes or women have the larges percentageof population and then passedon to havingtheirlargestpercentage thenextpanchayat ofpopulation and so on: hovided that where the Panchayatthe office of Presidentof which is to be reservedfor women and the ScheduledCastesand ScheduledTribes is one and the same,in so reserving the Office of President preference shall be given to the Scheduled Castes or Scheduled Tribesandin lieu, the office of the President in the Panchayat net having their largest percentage population of women shall be reservedfor women:

(b)

Provided further that in Panchayatsthe office (u) The offices of the President reserved of President of which is reserved for the [(+) under sub-section (3) shall be allotted to every Scheduled Caste or Scheduled Tribes. those in 't

15 Substituted by Act '' Substituted bv Act t7 Substituted bv Act It Substituted by ect

l3 of 1999. l3 of 1999. 7 of 1995. Z of 1995.

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which the women have the more percentageof (9) Ifat an election held under sub-section(2), population of women shall be reservedfor women no Presidentor Vice-President is elected a fresh election shall be held for electing the Presidentor belongingto them. Vice-President,the casemav be. Provided also that office of President of any panchayat shall be reserved for the Scheduled (10) The result ofthe electionof the President and the Vice-President of Panchayats shall be Caste or ScheduledTribes or women belonging publishedby the StateElection Commissionin to them only if at least one constituency of that such manner as may be prescribed. Panchayatis reserved for that category.l (ll) A President shall be deemed to have (5) The meeting for the election of President vacated his office on the expiry of his term of and Vice President shall be held on such day office as member or on his being sentencedby a within three weeks from the date on which the criminal court for the imprisonment for any involving moral delinquency or on his names of members elected are published by the offence otherwise ceasing to be a member of that StateElection Commission as may be fixed by Panchayat. the StateElectionCommission. (12) A Vice-President shallbe deemed to have (6) For the election of the President and the vacatedhis office Vice-President of panchayatsthe State Election (a) on the expiry of his term of office as Commission shall designate or nominate an by a criminal officer of the Government or local authoritv as memberor on his being sentenced for imprisonment court for any offence involving the Returning officer. moral delinquency or on his otherwise ceasingto (b) on his election as President. (7) It shall be the duty of the Returning Officer be a member, or to do all such acts and things as may be necessary (13) Before entering upon the offices, an oath for the effectively conducting the election in the or affirmation in the form set out in the Second manner prescribed. Schedule shall be made and subscribed by the Presidentof a panchayatat any level before the '' [7. (u) The election shall be by open ballot office authorisedby the Governmentin this behalf and the member voting shall, record in writing his and by the Vice- Presidentbefore the President. name and signatureon'the reverseside of the ballot paper.l (14) Where a dispute arises as to the validity of an electionof President or Vice-President of a Panchayat,any member of that Panchayatmay (8) A member who has not entered upon his file a petition. office after making and subscribing an affirmation or oath under section 152 shall not (a) in the caseof Village Panchayatbefore the have the right to vote for electing President or Munsiff Court having jurisdiction over the area Vice-President. in which its headquarters is situated.
reSubstituted by Act I I of 1999.

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(b) in the case of Block Panchayator District office, and delver to him the record and property Panchayat, before the District Court having belonging to the Panchayatconcernedand in the jurisdiction over the area in which its latter's custody. headquartersis situated for decision and such decisionshall be final. (2) The provisions of sub-section (i) shall f"(t+) a) the validity of the election of the apply mutatis mutandis to a retiring member in Presidentor the Vice-Presidentof a Panchayat the matter of handling over of chargeof his office. shall not be called in question for the reason of any vacancy in the place of the members or who shall elect President or Vice-President for the 22U 55. Resignaiion of President, Vic e-P resident reasonof the absenceof any member.l or members, (15) Every petition 2r[referred to in (1) The hesident or Vice Presidentor any sub-section (14)l shall be disposed of in accordancewith the procedure laid down in the other member of a Panchayat may resign his Code of Civil Procedure, 1908 (Central Act 5 of office by tendering his resignation in the 1908)while trying a suit. prescribed form to the Secretary and the (16) Any casualvacancyarising in the office ofthe President or Vice-President ofa Panchayat shall be reported to the State Election Commission in suchmannerasmay be prescribeo andtheStateelectionCommissionshalltakesteps for the conduct of election of President or Vice-President,asthe casemay be, in accordance with the provisions of this Acl resignation shall take effect from the date on which it is received by the Secretary and the Secretaryshall immediately report the fact to the Panchayatand the State Election Commission. (2) The President, the Vice-President or the member who resigns shall either in person or, if

(17) Saveasotherwise provided in this Act the such resignation letter has been attested by a term ofoffice ofthe Presidentand Vice- President Gazetted Officer, by registered post, tender or ofa Panchayat at any level shall be co-extensive send as the case may be, his resignation to the with the duration of that Panchayat. Secretary and the Secretary shall give 154. Duty of retiring Prqident, etc. to hand over acknowledgementfor the receipt of the same. charge of ffice. (3) If any dispute regarding any resignation (l) On the election of a new Presidentor arises, it shall be referred to the State Election Vice-President,it shall be the duty of the retiring Presidentor, as the casemay be, Vice-President Commission for decision and its decision thereon to hand over to him the charge ofthe respective shall be final:

2". Ibid. 2r Substituted by Act 7 of 1995. " Substituted by Act l3 of 1999.

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(4) Without prejudice to the generality of the Provided that no dispute, referred after the expiry of fifteen days from the date on which the for forgoing provisions the President of a resignation takes effect, shall be entertained by Panchayatshall, the StateElection Commission.l I 56. F unction of P resident and Vic e-President. (a) preside over and regulate the meetings of the Panchayatand Grama Sabha of which he is the President;

Save as otherwise expressly provided by or underthis act,the executivepower for the purpose (b) exercise supervision and control over the of carrying out the provisions of this act and the resolution passedby a panchayatshall vest in the acts done and actions taken by all officers and President thereof who shall be directly employees of the Panchayat and prepare their responsible for the due fulfilment of the duties confidential reports; imposed upon the panchayatby or under this act. (c) incur contingent expenditure upto such (2) When the office of the presidentis vacant, limit as may be fixed by the Government from the vice-president shall exercisethe functionsof time to time: the presidentuntil a new presidentassumes office. (d) authorisepayment and refunds pertaining (3) If the president of the panchayat is to the Panchayat; continuously absent from jurisdiction for more thanfifteen daysor is in capacitated, his functions, tn[(")*xxxxx] during suchactionsofincapacity shall, exceptin suchcircumstances asmay be prescribed, veston (f; cause to be prepared all statements and the vice-president of that panchayat. reports required by or under this Act; t'[(:R) Where the offices of the Presidentand the Vice-President are vacant, the Chairman of (g) exercise such other powers and discharge the standingcommittee in the order mentionedin such other functions as may be conferred or (l) of section 162,shall perform the sub-section imposedupon him by this Act or rules madethere functionsofthe President till a new President or under. Vice-Presidentassumes office and where there is no President or Vice-President or Chairman of (5) The Presidentmay,in caseofan emergency standing committee to 'hold the office of the direct the executionof any work ofthe doing of President,the eldest among the electedmembers shall perform the functions of the Presidentuntil any act which requires the sanction of the and the immediate executionor doing the President or Vice President or Chairman of Panchayat, any Standing Committee assumesoffice.l ofwhichis, in his opinion,necessary forthe safety

tt substituted bv Act 13of 1999. 2o omitted by Act z of 1995.

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(c) to call for in writing any rccord or file of the public and may direct that the expensesof executing such work or doing such act shall be relating to the administration of the Panchayat paid from the funds of the Panchayat: from the Secretaryor any Officer ofthe Panchayat and to give necessarydirections or pass orders Provided that thereon under this Act or the rules made there underor in the light ofthe StandingOrders: (a) he shall not act under this sub-section in Provided that no files and records relating to contraventionof any decision of the Panchayat prohibiting the execution of any particular work the exerciseof statutorypowers vestedsolely with the Secretary or any Officer in respect of the or the doing of any particularact; administration of the Panchayat shall be called (b) he shall report the action taken under this for; sub-section and the reason thereof to the Panchayat at its net meeting and obtain its approval therefore.
Note: - The receipt and return of files and records shall be properly acknowledged and rccorded.

(d) to refer immediately to Government any The Presidentofthe Panchayatshall also resolutionpassed " 116; by the Panchayat, which in his have the following powers, namely: opinion hasnot passed in accordance with law or is in excessof power confened by this Act, or any (a) To ensurethe attendanceof the Secretary other law or if carried out, is likely to endanger and if necessary the attendance ofthe employees human life, health or public safety.l under the control of the Panchayatincluding the employeesof the Government transferredto the 157.Motion of No Confidence.Panchayatin the meetings of the Panchayat; (b) Suspend from service, if necessary,any employee or officer under the control of the Panchayat other than the Secretary and the Government Officers in the Gazetted rank who are transferred to the service of the Panchayat, when disciplinary proceedings are to be taken against them for dereliction of duty or insubordination or for violation of rules or StandingOrders: (1) Subjectto the provisionsofthis section,a motion expressingwant of confidence in the President or the Vice-President or 26of a Panchayatmay be moved in accordancewith the procedure aid down herein.

(2) Written notice in such form as may be prescribedof the intention to move any motion referred to in sub-section(l) signed by such number of elected members of the Panchayat concerned as shall constitutenot lessthan 27 [one Provided that the hesident shall place the thirdl of the sanctioned strength of elected order of suspensionin the next meeting of the membersof that Panchayattogether with a copy Panchayatand get it ratified; otherwise the said of the motion which is proposedto be moved shall order will becomeinvalid: be delivered in person by any of the elected

by Act l3 of 1999. l] Substituted by Act 13of 1999. ll Omitted by Act 7 of 1995. " Substituted

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membersof the Panchayatsigning the notice, to memberelectedby the membersof the Panchayat the officer as may be authorised by the Presidentat the meeting from among themselves Governmentin this behalf. shall presideover the meeting. (3) The officer referred to in sub-section (2) shall convene a meeting of the elected members of the Panchayat for the consideration of the motion, to be held at the office of the Panchayat at a time appointedby him which shall not be later than fifteen working days from the date on which the notice under sub-section (2) is delivered to him. (5A) the Officer authorised under sub-section (2) shall attend the meeting convenedunder this section,as an observerl

(6) A meeting convened for the purpose of consideringthe motion under this section shall not be adjourned except for reasons beyond human control. The quorum required for such meeting shall be one half of the electedmembers (4) The officer referred to in sub-section (2) ofthat Panchayat. shall send by registered post to the elected membersof the Panchayatconcernednotice of (7 ) As soonasthemeetingconvened underthis not lessthan even cleardaysof any meetingheld sectionhascommencedthe personpresiding shall underthis sectionand the time appointedtherefor. read at the meeting the motion for the Notice regarding this shall be affixed in the office consideration ofwhich it has beenconvened and of the Panchayat. declaredit to be open for debate. t* [(5) u meeting convened under the section (8) No debateon any motion underthis section shall be presided over by, shall be adjourned except for reasons beyond (a) the President, if the motion is against the human control. Vice-President: (9) A debate on any no-confidencemotion (b) the Vice-President,if the motion is against shall automatically terminate on the expiry of the President; 'o lthree hoursl from the time appointed for the (c) by the Chairman of the Standing commencement of the meeting if it is not preference Committee in the order of concluded earlier and upon the conclusion of the (1) mentioned in sub-section of section debate or upon the expiry of such period of [three 162,if the President or the Vice- President is unable to preside over the meeting as hoursl as the casemay be, the motion shall be put provided under clbuse (a) or clause (b) by to vote. fo (gA) Voting shall be by open ballot and the member who voted shall record in writing his Provided that where none under this clause name and signature on the reverseside of ballot also is able to preside over the meeting, also a paper.l reason of his absence from station or otherwise:

28 S u b s r i t u t eb dy A c t I 3 o f 1 9 9 9 . " Substituted by Act 7 of 1995. " Insertedbv Act I I of 1999.

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(10) The person presiding shall not speak on (14) No notice of a motion under this section the merit of the motion, and shall be entitled to shall be accepted within six months of the vote thereon3r[exceptthe right of a castingvote assumption of office by a President or a or secondvote] Vice-President.3a 1**'1 (11) The copy of the minutes of the meeting 158.Right of Individual Members. togetherwith the copy of the motion and the result of the voting therein shall forthwith, on the (1) Every member of a Panchayatshall have termination of the meeting, be forwarded to the theright to move resolution andto interpellate the Government by the officer referred to in President or the Chairman of Standing Committee (2). sub-section on matters falling within the administrative '2 jurisdiction of the Panchayatin which he is a 11t2; if the motion is carried with the support of the majority of the number of members of the member subject to such rules as may be made by Panchayat notified under sub-section (l) of the Government. Section 6, the President or the Vice-President as the case may be, shall cease to hold office thereafterand their offices shall be deemedto be vacantforthwith, and the officer authorisedunder subsection(2) shall report the vacancy in such offices to the Government and the StateElection Commissionandthe fact shallbe publishedin the notice board of the Panchayat,and on receipt of such a report the Government shall notify in the Gazettethe cessationof office by the Presidentor the Vice-President,as the casemay be.l (13) If the motion is not carried by such majority as aforesaid or the meeting cannot be held fbr want of quorum, under sub-section (6), no notice of any subsequent motion expressing want of confidence in the same President or Vice-President or 33 [x x x] shallbe receiveduntil after the expiry of six rhonths from the date of meeting, or the date fixed for the motion, as the casemay be. (2) Every member shall have accessduring office hours to the records3s [other than notified documentsl of the Panchayatin which he is a member after giving due notice to the President. 36 1x*xxxxxxl (3) Every member may call attention of the Panchayatregarding the needs of the people of the Panchayat areaon thedefault madein the work 37 the scheme] undertakenby the Panchayat [and or regarding other matters of public importance. 381159. Panchayat Members, to Statements Regarding Assets. Submit

(l) A member of the panchayat shall, within threemonthsfrom the dateof assuminghis office, file a statement of assets and liabilities of himself and of the members of his familv. in the form

''

Added by Act l3 of 1999.Ibid. " Ibid. 3r Omitted bv Act l3 of 1999. Omitted by Act 13 of 1999. ]l i ' l n s e r t e db y A c t l 3 o f 1 9 9 9 . 'n Omitted bv Act l3 of 1999. substituteilbv Act 13 of 1999. " It Substituted bi Act l3 of 1999.

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prescrihd before the competent authority Explanation 2. - For the purpose of this section authorised in this behalf by the Government by "asset" means all immovable properties and notification in the gazette: movable properties worth not less than Rupees ten thousandl Provided that, a personwho is a member of the Panchayat, at the commencementof this Act shall 160.3e [Honorarium] to Members to Panchayats submit such a statement to the competent and Other Perquisitesof the President of District authority, before the date specified by the Panchayats.Government in this behalf. (2) Where a member of the Panchayat who (l) acquires filed a statement under sub-section any assetin the name of himself or other members of his family or disposesor creates nay liability thereafteron the assetsspecified in the statement he shall file a statement in this regard to the competentauthority within threemonthsfrom the dateof suchacquisitionor disposalor creationof liability, as the casemay be. (l) Thereshallbe paid ["honorarium"]at such rate as may be prescribed to the President, the Vice-President and other elected members of Panchayat.

(2) The Presidentof a district Panchayatshall be entitled without payment of rent, to the use of a house at the Headquarters of the District Panchayatthroughout his term of office and for a period of fifteen days immediately thereafteror in lieu thereof to a houserent allowance as mav (3) Any member of the Panchayatwho makes be prescribed. (1) or subsection a statement under sub-section (2) which is falseandwhich he knows or believes (3) The Disrict Panchayat shall provide to be false or does not believe to be true shall be suitableconveyance for the use ofthe President liable to be proceeded againstin accordance with of the District Panchayatthroughout his term of law, for filing such false statement. office andfor a period of fifteen daysimmediately thereafter. (4) Where a member of the panchayatfails to file such a statementto the competent authority (4) The Presidentand the Vice Presidentof a within the date specifiedunder sub-section(l) Panchayat at any level shall be entitled, while and sub-section (2), action may be taken to touringon public business, to travellinganddaily disqualify him from continuing as member of the allowancesat such rates as a [prescribed]. panchayat under section35. (5) Every member of a Panchayatother than Explanation 1. - For the purpose of this section the President of a district panchayat shall be "family" of a member of the Panchayat means, entitled to receive travelling and daily allowance wife or husbandof that member and his parents, at such datesas at[prescribed]for attendingthe married sisters and children who are dependent meetings of the Panchayator of any committee on him. thereof.

reIbid. *'Ibid. 4' Ibid.

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matter in which apart from its generalapplication to the public he has any direct or indirect pecuniaryinterest,whether by himself or through some other person, or from being present or I6l. Meetings of Panchayats.presidingat any meeting of the Panchayat or of of any such (l) The meetings of a Panchayatat any level the committeeduring the discussion shall be held at such intervals, as may be matter. prescribed: Provided that the interval between (6) All questions before a meeting of a two meetingsshall not exceedone month. a2[(1 a) If a notice in writing is given to the President Panchayatshall be decidedby a majority of votes by not less than one third of the members or of the members present and unless otherwise members notified by Governments under provided in this Act, the person presiding the sub-section (l) of section 6, specifying the meeting shall have a casting vote in all casesof purposefor which the meetingis to be convened, equality of votes. he shall convene, a special meeting of the (7) No resolution of a Panchayatshall be panchayatfor considering that matterl modified, varied or cancelled by that Panchayat (2) Every meeting of a Panchayat shall be within a period of three months from the date of presided over by its Presidentor, in his absence, passingthereof, except by a resolution supported but its Vice-President or, in the absenceof both, by two-thirds of the whole numbersof member by a member chosen by the members presentat of such Panchayat. the meetingto presideover the occasion. (8) Any member, who was present at a [03 (3) The person presiding shall preserveorder meting of the panchayat shall have the right to at the meeting and decide all points of order give the secretarya note of dissent regarding a arising at or in connectionwith meetings. There resolution passedby the Panchayatif has voted shall be no discussionon any point of order and againstsuchresolution,within forty-eight hours the decisionofthe personpresidingon any point of the conclusion of the meeting. of order shall be final. (9) The secretary shall forward copy of the (4) Save as provided in this Act, the time and minutes of every meeting of the Panchayatand place of a meeting of a Panchayat,the quorum of the copy of the note of dissentif any, received such meeting, the procedure of calling such under sub-section(8) to the Government or to the meetingand the procedureat suchmeetingshall officer authorisedby Government in this behalf, be such as may be prescribed. within ten days after the date of the meeting.l (5) The rules referred to in sub-section(4) may [44 ]62. Standing Committees.provide for preventing any member or President or any member or Chairman of a committee from (1) In every Panchayatsstanding committees voting on, or taking part in the discussion, ofany as statedbelow shall be constituted namelv: 42 Inserted by Act 13of 1999. a3 substituted bv Act l3 of 1999. e Substituted by Act l3 of 1999.

CHAPTERXV MEETINGS, POWERS. FTJNCTIONS. DUTIES ANDPROPERTY OF PANCHAYATS

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(a) In a Village Panchayat

(b) In a block Panchayat

(c) In a District Panchayat

(7)A memberotherthan an ex-officio member of a standing committee and the chairman of a standing committee other than the standing committee for finance may resign the membership or chairmanship of a standing committee as the case may be by tendering resignationto the Secretaryin the prescribedform and the resignationshall take effect from the date on which it was received by the Secretaryand the (2) Every standing committee shall consist of Secretaryshall inform the fact immediately to the suchnumberof members, including its chairman Presidentand the panchayat. as decided by the Panchayat, so that all other elected members except the President and (8) The personwho resignsthe membershipof Vice-President shall be electedas a member in chairmanship of the standing committee shall any of the standing committee and the number of give in personor sendthroughregistered posthis members elected to each standing committee resignation where such resignation letter is shall, as far as possible, be equal. attestedby a gazettedofficer, as the casemay be his resignationto the Secretaryand the Secretary (3) The number of members of each standing shall acknowledgereceipt of the same. committee as decided by the Panchayat under sub-section (2) shall not be changed within the (9) Except as otherwise provided in this Act, term of that Panchayat. the term of the Chairmanof a StandingCommittee or its member shall co-exists with the terms of (4) In every standingcommittee there shall be that Panchayat. members elected by the elected members of the Panchayat from among themselves under the (10) An electionto fill up casualvacancy of proportional representation system by single the member of standing committee shall be transferable vote and a'member shall not be a conductedwithin thirty days ofthe occurrenceof member of more than one standine committee at that vacancy: a time. Provided that where the vacancy in a standing (5) The Chairman of every standing committee could not be filled up due to the committee, except the standing committee for vacancyofa memberofpanchayat,the vacancy finance, shall, be elected by the members of the of standing committee shall be filled up within respective standing committee from among thirty days from the date of filling up of the themselves. vacancy of the member of panchayat.

(1) Standing committee for Finance (2) Standing Committee for Development (3) Standing Committee for Welfare. (l) Standing Committee for Finance (2) Standing Committee for Development (3) Standing Commitrce for Welfare (l) StandingCommitteefor Finance (2) Standing Committee for Development (3) Standing Committee for public works. (4) Standing Committee for Health and Education (5) Standing Committee for Welfare

(6) The Vice-President shall be an ex-officio member and chairman of the standing committee for financeandthePresident shallbe an ex-officio member of all standing committees without the right to vote.

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( 1I ) If a casual vacancy of the Chairman of a standing committee other than the standing committee for finance arisesone of its members shall be electedasits chairmanin the next meeting of the standingcommittee.

(iii) The standing committee for welfare shall deal with the subjects of development of scheduled caste-scheduled tribe, development of women and children, social welfare, social security, slum improvements, poverty alleviation, public distribution system, Public (12) A motion of non-confidence on the Health, Sanitation,Education, Art and Culture chairman of the standing committee other than and entertainment, water supply, sewerageand thestanding committeeforfinancemay bemoved environment; subject to the prescribed provisions and (b) In the Block Panchayat,procedures and if such a motion is passedwith the support of not less than the majority of the (i) The Standing Committee for finance shall membersof the standingcommittee the chairman deal with the subjects,like finance, accounts, of that standing committee shall cease to hold audit,budget,general administration andsubjects office and he shall be deemedto have vacatedthe not allotted to other standing committee; office of the chairman of the standins committee immediately. (ii) StandingCommittee for developmentshall dealwith the subjects like development planning, 162.A. Subjects to be dealt with by the standing socioandeconomicplanning,agriculture, animal committees.husbandry, minor irrigation, fisheries, small-scale industry, public works, housing, (l) The following subjectsshall be dealt with electricity and maintenanceof watershed; by the standing committees of the panchayat, (iii) Standing Committee for Welfare shall namely:deal with the subjects like Development of ScheduledCaste- ScheduleTribe, Development (a) in a village panchayat, of Women and Children, Social Welfare, Public Education, Art, Culture and (i) The standing committee for finance shall Health, Entertainment and Environment: deal with the subjects of finance, tax, accounts, audit, budget, general administration, appeal (c) In the District Panchayat,relating to tax and subjects not allotted to other standingcommittees; (i) StandingCommittee for finance shall deal with the subjects like finance, accounts, audit, (ii) The standing committee for development budget, general administration and subjects not shall deal with the subjects of development allowed to other standingcommittee; planning, socio-economic planning, spatial planning, agriculture, soil conservation,social (ii) The standing committee for developmenr forestry, animal husbandry, diary development, shall deal with the subjects like developmenr minor irrigation, fisheries,small-scaleindustry, planning, socio-economic planning, agriculture, public works, housing, regulation of building soil conservation, animal husbandry, minor construction, electricity,etc.; irrigation, fisheries and small scale industry, etc.

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(iii) The standing committee for public works 162 B. Steeing Committee.shall deal with the subjectslike public works, (1) There, shall be a steering committee in housing,spatialplanning and environment; every panchayat consisting of its President, (iv) the standingcommitteefor Health and Vice-President and the Chairman of standing Education shall deal with subjects like public committees and the President shall be the chairmanof the said commiil.ee. healthandeducation; (2) The steering committee shall co-ordinate (v) The standing committee for welfare shall deal with subjects like social welfare, and monitor the functions of the standing development of women and children and committeesand shall perform such other powers developmentof scheduledcaste-scheduled tribe. and functions as may be entrusted to it by the panchayat. (2) The standing committees of the panchayat 451163. Constitution of Functional Committees.may perform such other powers and functions of the panchayat as may be entrusted to it by the (1) Every panchayatmay subject to such rules panchayat in addition to the powers and duties as may be made in this behalf, constitute conferred on it by rules made in this behalf. functional committees for different subjectslike agriculture, sanitation, communication, public (3) Every resolution passedby the standing health and education consisting of members of committee shall be placed before the panchayat panchayatand otherswho are interestedin public in its next meeting and the panchayatshall have welfare and who are nominatedby the panchayat. power to modify such resolution if considered Provided that members nominated by the necessary. panchayatshall not have any right to votel (4) Where any of the standing committees (2) The powers and functions ofthe Functional cannot function effectively by reason of the Committees shall be such as may be prescribed resignation of the majority of its membersor for in this behalf. any other reason,powers and functions of such standingcommittee shall be vestedin the steering 164. Sub-Committees and Ward Committees.committee constitutedunder section 162B till its re-constitution. (l) Every Panchayat may constitute subcommitteesto assistthe Standing Committee (5) The ex-officio Sbcretariesreferred to in or Functional Committees for the execution of (l l) of section 179 shall attendthe any work, scheme, project or plan, which may sub-section meetings of the respectivestanding committee consist of members of the Panchayatand others and render necessaryassistance to the committee interested in public welfare who may be in the discharge of its functions. nominated by the Panchayat.

45Substituted by Act 13 of 1999.

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a6 (2) The constitution, powers and procedureof lProvided that the nominatedmembersshall a joint committee and a method of settling have no right to votel. differencesof opinion arising in the committee ut shall be such as may be prescribed. [(tu) If not less than fifty personsenrolled in the voterslist relatingto a constituency of village 166. Powers, Duties and Functions of Village panchayat belongsto Scheduled Tribe, they shall Panchayat. be deemedto be a Sub- Committee of the Grama Sabha comprised in the territorial area of that (1) ae1*'*1 It shall be the duty of the village Constituency and that sub-committeeshall have panchayatto meet the requirementsof the village the same powers and rights as that of the grama panchayat area in respect of the matters sabha regarding the development of Scheduled enumeratedin the Third Schedule: Tribe.l that it shall be the duty of the village panchayat to render services to the (2) The villagepanchayatmay consrirute Ward inhabitants of the village panchayat area in Committee for each constituency with the respect of the matters enumerated as mandatory member of the constituency concernedand other functionsin the Third Schedulel. local inhabitants who may be nominated by the (2) Subject to the other provisions of this Act village panchayatto study and report on the needs and the guidelines and assistance financial, of the constituency. technicalor otherwise,of the Government,the village panchayatshall have exclusive power to (3) The composition, term, procedure,nature administer the matters enumeratedin the Third of functionsof the committeesconstituted under 5r Schedule ;and to prepare and implement (l) and sub-section (2) shallbe aslaid sub-section schemes relating there to for economic down in the bye-laws of the panchayats development and socialjusticel concerned. (3) Village Panchayat shall also have powers or1165.Constitution to enhance employment facilities and to of Joint Committee. undertake developmental activities and to start manpower banks, under the leadership of the (l) A panchayatmay, along with one or more village panchayats. local self government Institutions constitute a Joint Committee for any.purpose for which they 52 Explanation. - Man Power Bank meansa bank are jointly responsible, if the panchayat so having the known details of skilled and unskilled decided or the Government so requires.l persons who are willing to render service on s[Provided

by Act l3 of 1999. I Substituted Substituted bv Act l3 of 1999. "' o'Ibid. oe Omitted by Act 13 of 1999. bv Act l3 of 1999. "'Aided '' Ibid. 5'zAdded by Act 13 of 1999.

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requirement and the village panchayat shall any institution orthe executionormaintenanceof maintain a register for the purpose and it shall any work or the exercise of any power or the contain other details as prescribed.l dischargeofany duty within the village panchayat areawhether provided in this Act or not. (4) The Government, the district panchayat and the block panchayat shall subject to (2) The Government may, in addition to the availability of resources provide necessary powersand functions hereinbefore,mentionedas financial, technical and other assistance to the exercisable by the village Panchayat authorise by village panchayatsto enable them to discharge generalor specialorder, subject to such rules and their functions. conditions as may be prescribed, a village panchayatto exerciseany power or dischargeany (5) All grants-in-aid sanctioned by the function such as collection of land revenue, Governmentin respectof the mattersenumerated maintenance of survey and village records, in the Third Scheduleshall be distributed through collection of village statistics,supervisionand the village panchayatconcerned. control over Government primary schools, medical, public health, child welfare and (6) The Government shall, as soon as may be, maternity institutions as may be specified by the after the commencementof this Act. transfer all Governmentfrom time to time, and executionof institutions, schemes, buildings and other community development work including properties, assetsand liabilities connected with improvement of agriculture, animal husbandry, the matters referred to in the Third Schedulet<r 53 the Village Panchayat [and every institution so communication and village industries, soil transferredshall be in the nameof the said village conseryation, protection of environment, conservation of forest, wild life protection, panchayat and shall be known accordinglyl. protection of orphans, protection of the aged, to(7) the village Panchayatshall administer the cultural activities and informal education. institutions and schemestransferredto it, subject (3) Subjectto such rules as may be prescribed to the guidelines and technical assistanceof the Governmentand in accordancewith the stateand a person or body of personsmay transfer to the village panchayat,with its consentand subject to nationalpolicies. such conditions as may be agreed upon, the (8) The village panchayat shall not have any managementand maintenanceof any institution, power to sell, transfer, alienate or pledge the within the panchayatarea. properties transferredto it.l (4) It shall be lawful for the Government, rhe I 67. Transfer t o Vi lla g e Panchayats of F uncti ons, district panchayat or the block panchayat to Institutions or Works. contribute to the village panchayat fund such amount as may in their opinion be necessaryfor ( I ) Subjectto suchrules, asmay be prescribed meeting the expenditurein connectionwith the the Government, the district panchayat or the management and maintenance of any institution block panchayat may transfer to the village or the execution or maintenanceof any work or panchayatthe management and maintenanceof the exerciseof any power or the dischargeof any
tr Ibid. 5olbid.

voL.I9 NO.4

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duty which the Government, the district Togetherwith all pavements,stonesand other panchayat or the block panchayat may, from time materials and other things installed therein, all to time, make over to the village panchayatunder drains culverts made along side or under such (l) and (2). sub-sections roads and all works, materials and things appertaining thereto may be deemed as 168. Maintenance of Common Dispensartes, transferred to and vested absolutely in the Child Welfare Centres,etc. panchayat area. Subject to the provisions of this Act and the rules madethereunder,a village panchayator two or morevillagepanchayats together may establish andmaintaincommondispensaries, child welfare centresand institutions of such other kind as may be specified by the Government. s51169.Vesting of Pubtic Panchayats.(2) Subject to the provisions of this Act, all rightsandliabilitiesof theGovernment in relation to the public roadsand other properties,materials and things vested in the Panchayat under (l) or sub-section (4) shall, from the sub-section

date of such vesting, be the rights and liabilities Roads in Village ofthe Panchayat.l (3) Notwithstanding anything contained in sub-section (1) or sub-sections (2) the Government may at any time by notification in the Gazette, exclude from the operation of this Act any suchpublic road, sewer,drain, drainage work, tunnel or culvert and may also modify or cancel such notification and thereuponthey shall revestin Government.

(l) Notwithstanding anything containedin the Kerala Land Conservancy Act 1957(8 of 1958), or in any other law for the time being in force, all public, roads other than those classified by the governments National Highway, State Highway or major district roads,bridges,culverts,ditches, dykes, fences on or beside the same protective devices and all adjacent land, not being private property appertaining thereto, within the panchayat area,i.e.-

Provided that, before issuing such a notification the Government shall consult the village panchayatconcernedand give due regard (a) in the District Panchayats- All district to the objections, ifany. roadsother thanmajordistrict road within the area of more than one block panchayat; (a)The governmentmay,by notification in the - District roadsand Gazette, order the transfer to and vesting in, a (b) in the Block Panch'ayats of any public road or classof village roads other than major district roads village panchayat, public roads in the village panchayat and within the areaof more than one village panchayat thereupon such road or roads shall comprisedin a Block Panchayat; notwithstanding anything contained in ( I ), but subject (c) in the village Panchayats- other village sub-section to the otherprovisions roads, paths and lanes within the Village ofthis Act, standtransferred to and vest in. such Panchayatarea. village panchayat.

55Substituted bv Act 13 of 1999.

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(5) It shall not be lawful for any persons to occupy any land which is transfenedto and vested in a 56[ ] panchayatunder sub-section(1) or sub-section(4), whether a poramboke or not, without prior permissionfrom the 57 [ ] panchayat concerned. Explanation. - For the removal of doubts its is clear by declared that in the erection of any wall, fence or building or the putting up of any over hanging structure of projection (whether on a temporary or permanent basis) on or any land aforesaidshall be deemed to be occupation such land. tt 1170. Panchayat to Maintain Properly. the Roads

in common of village land generally or of lands of a particularlydescriptionor of lands under a particularsourceof petty inigation shall vest in the village panchayatto be administeredby it for the benefit ofthe villagers or holders aforesaid. 172. Powers, Duties and Functions of Block Panchayats.(l) t'[ ] It shall be the duty of the block panchayatto meet the requirementsof the block panchayat area in respect of the matters enumeratedin the Fourth Schedule.

(2) Subject to the other provisions of this Act and the direction of the Government the block panchayat shall have exclusive power to administer the matters enumeratedin the Fourth (l) It shall be the duty of the panchayat to o Schedule land to prepare and implement the maintain property the roads vested in it and to schemeson the subject specified therein for the preventencroachment on it. economicdevelopment and Socialjusticel (2) The village panchayatshall keep all public (3) The Governmentand the district panchayat roads and important public paths in its area free from garbage,sewageand other waste materials shall,subjecto availability ofresources,provide and shall protect suchroadsand public pathsfrom necessary financial, technical and other assistance to the block panchayats to enablethem encroachment. to dischargetheir functions. (3) The village panchayatmay in such manner (4) All grants-in-aid sanctioned by the as it may deem fit, disposeof all garbage,sewage and other waste materials collected by it while Governmentin respectof the mattersenumerated in the Fourth Schedule shall be distributed cleaning public roads, public paths and drainsl through the block panchayatconcerned. 17L Vesting of Commuhity Propeny or Income in Village Panchayats.(5) The Government shall, as soon as may be, after the commencementof this Act, transfer to all the institutions, projects, Any property or income which by custom the block panchayats belongs to or has been administered for the buildings, and other properties and assets and benefits of the villagersin common,or theholders liabilities connectedwith the matters referred to

by Act l3 of 1999. ll OmiueA bv Act 13of 1999. " Omitted 5'Substituted bv Act l3 of 1999. 5]Omined by Act l3 of 1999. bv Act l3 of 1999. "'Added

voL.t9 No.4

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in the Fourth Schedule6r[and every institution so financial, technical and other assistanceto the transferred shall be on the name of that block district panchayat to enable them to discharge panchayat and shall be known accordingly. their functions. (6) The Block Panchayatshall administer the (4) All grants-in-aid sanctioned by the institutions and schemestransferredto it, subject Governmentin respectof the mattersenumerated to the guidelines and technical assistanceof the in the Fifth Scheduleshall be distributed through Governmentand in accordancewith the Stateand the district panchayatconcerned. National Policies. (5) The Governmentshall,as soonas may be, (7) The Block Panchayatshall have no power after the commencementof this Act, transfer to to sell, transfer alienate or pledge the properties the district panchayats all the institutions, projects transferredto it.l and buildings and other properties and assetsand 173. Power, Duties and Functions of District liabilities connectedwith the matters referred to 6a(and in the Fifth Schedule. every Institutionsso Panchayats.transferred shall be in the name of that district and shall be known accordingly) (l) 621xxxx1. It shall be the duty ofthe district panchayat panchayats to meetthe requirementsof the district ut panchayat area in respect of the matters shall administer [(6) the district Panchayat enumeratedin the Fifth Schedule. the institutions and schemes, transferred to it, subjectto the guidelinesand technicalassistance 63 [(2) subjectto the otherprovisionsof this Act of the Government and in accordancewith the and the directions of the Government,the District State and Nationalpolicies. Panchayat shall have exclusive power to administer the matters enumerated to the Fifth (7) The district Panchayatshall have no power Schedule and to prepare and implement the to sell, transfer, alienateor pledge the properties schemes in the subjects specified therein, for transferredto it.l economicdevelopmentand socialjustice.] uu1173. AManaging CommiueeforPublic Health (2) Subject to the other provisions of this Act Institution. andthe directionsof the Government, the district panchayat shall have exclusive power to There shall be constituted a Managing administer the matters enumerated in the Fifth Committee, in the manner prescribed,consisting Schedule. of not more than fifteen members including the (3) the Government shall, subject to Chairman, for every public health institutions availability of resources provide necessary transferredto the panchayatfrom Governmentl.

utAdded bv Act 13 of 1999. o2 omittedby Act 13 of 1999. "'Substituted bv Act l3 of 1999. o'Aided by Aci l3 of 1999. n'Inserted by Act 13 of 1999. noInsertedby Act 13 1999. of

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174. Delegation of Powers and Functions of Governmentto Panchayat. (l) The Government may, by notification in the Gazette, from time to time delegate to the Panchayat at any level, any of the powers and functionsof the Governmentas may be specified in the notification in respectof any matterwhich is not provided in this Act subject to such restrictions and conditions as may be specified therein.

preparednot in accordance with the provisions of the Act or rules; the panchayatshall be bound to make suchchanges. (a) The panchayatshall in addition to the annualand five year plans;preparea perspective plan foreseeing a period of fifteen years, with special focus on spatial planning for infrastructure development and considering the resourcesand the need for further development and such plan shall be sent to the concerned District PlanningCommittee.l

(2) Where the Government delegates a function under sub-section( I ) to panchayatat any (5) The final decision in respect of such level, it shall allot to that panchayatsuchfund and personnel as may be necessary to enable the developmentschemesshall be taken long before Panchayat to discharge the functions so the beginning of a financial year. delegated. ut [(O). A copy of the development plan 67 7175. Preparation of Development Plans by prepared by the Village Panchayat shall be Panchayats.forwarded to the block panchayat within which the area of the Village Panchayatis situatedand (l) The panchayatat every level shall prepare a copy of the development plan preparedby the every year a development plan for the next year Block Panchayat shall be forwarded to the district in respect of the functions vested in it, for the panchayatwithin which the Block Panchayat is respectivepanchayatareain the form and manner situated.l prescribed and it shallbe submittedto the District Planning Committee before the date prescribed. 176. Entrustment of Schemesto Panchayatsfor Implementation. (2) The village Panchayat shall prepare the development plan having regard to the plan ( I ) Notwithstanding anything containedin any proposalssubmitted to it by the Grama Sabhas. law for the time being in force, the Government (3) Where the Distrlct Planning committee may subject to the conditions as they may think directs to make changesin the draft development fit to impose entrust,by an order published in the plan on the ground that sector-wise priority and Gazette, to a panchayat at any level the criteria for subsidy specified by the Government implementation of such schemes of economic had not been followed or sufficient funds for development and social justice including the related to the mattersenumeratedin the scheduledcaste, scheduled tribe development schemes schemes have not been provided in the draft eleventhscheduleto the constitution asthey think development plan for that the scheme was fit.
67 Substituted bv Act l3 of 1999. 6E Insertedby Act 13 of 1999.

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THE KEMI-A, PANCHAYAT MJ ACT

(2) Where the Government entrust a scheme (4) Notwithstanding anything containedin this (l) to a Panchayat undersub-section a village panchayat at any level section, or any otherlocal self Institutionsmay jointly arrange it shall allot to that panchayatsuch fund and staff Government and maintain a street lighting system.l as may be necessaryto enable the panchayatto implementthe scheme. 177. Power to Accept Donations and Trusts. U76A. Control of the Panchayats Over the Electrical Undertakin gs.A panchayat may accept donations or trusts relating exclusively to the furtherance of any purpose to which its funds may be applied and The administration by the panchayatover any shall apply the same solely for such purpose. Electrical undertaking intended for the generation, transmission, supply and 178. Acquisition of Immovable Property consumptionofelectricity shall be subjectto such Required by the Panchayat. restriction asprescribedwhich are not contrary to the Indian Electricity Act, l9l0 (CentralAct 9 of Any immovable property which is required by 1910)of theElectricitySupplyAct, 1948(Central a panchayatfor a public purposeconnectedwith Act 54 of 1948)or to the directionsissuedby the the dischargeof the functions imposedon it under Kerala State Electricity Board from time to time this Act, or the rules or bye-laws made there and the conditions of the licence issuedbv the under, or any other law, may be acquired under the provisionsof the Land Acquisition Act, I 894 panchayatthereunder. (Central Act 1 of 1894) and on payment of compensationawarded under that Act in respect 176.8. Provisionfor Lighting Public Streets.ofsuch property and ofany other chargesincurred (l) A village panchayatshall causeall public in acquiring it, the said property shall stand transferredto and vest in the Panchayat: streetsin its areato be lighted and for that purpose shall provide such lamps and works as may be hovided that nothingcontained in this section necessary. shall be deemedto prevent any panchayat from acquiring immovable property either through (2) For the purposeof sub-section (l) Kerala private purchaseor any free surrender. State Electricity Board shall provide necessary electric energy and other technical assistance to Chapter XVI not included here. the village panchayat at the rate fixed by the CHAPTERXVII Government and on such other terms as FINANCE COMMISSION ANDITS POWERS prescribed. 186.Finance Comrnission.(3) Notwithstanding anything contained in sub-section (l) the Government may in (l) In this section,"comrnission"means the consultation with the village panchayatilrange a FinanceCommissionconstitutedby the Governor lighting systemon any public streets through an pursuant to clause (1) of article 243-l of the agency approved by the Government. Constitution.

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(2) The Commission shall consist of such (7) The Commission shall meet at such rime number of members not exceeding three and place and shall observe such procedure in including the chairman as may be determinedby regard to the transactionof businessat it meeting as may be determined by the Commission. the Government: (8) The commission shall in the performance Providedthat members of thecommission mav of its functions have all the powers of the civil be appointed on part time basis. court under the Code of Civil Procedure,1908 (Central Act 5 of 1908) while trying a suit it (3) Personswho areto be appointedasmember respectof the following matters, namely: of the Commissionshall be (a) summoning and enforcing the attendance of witness; (a) One shall be a person having special (b) requiring the production of any document; knowledgeand experiencein financial (c) requisitioning any public record from any mattersand economics:and office. (b) The other two shall be persons having (9) The commission shall have powers to experience in public administration or local administration or having special require any personto furnish information on such knowledge in financial matters and points and matters as in the opinion of the accounts of the Government and local commissionmay be usefulfor or relevantto, any matterunderthe considerationof the commission. bodies. (10) Commission shall review the financial (4) Every member of the commission shall position of the Panchayats and submit hold office for such period may be specified in recommendationsto Governor regarding, the order of the Governor appointing him, but shall eligible for re-appointment. (a) (i) the sharing among the Government and Panchayats ofthe net-income ofthe taxes,duties, (5) The chairman or a rnember of the cess and fees which are being levied by the commission may resign his office by writing Government and which may be shared with the as per the constitutionand dividing underhis hand and addressed to the Governor. but Panchayats at all levels, their sharesin shall continue in office until his registrationis among the Panchayats such incomes; acceptedby the Governor. (ii) fixing the taxes,duties,cessandfeeswhich (6) A casualvacancycausedby the resignation may be ear marked for the Panchayatsand may of a member or chairman under subsection(5) or be expended by them; for any other reason, may be filled by fresh appointment and a member or chairman so (iii) the criteria regulating the financial aid etc. appointed shall hold office for the remaining for the Panchayatsfrom the State Consolidated period for which the member or chairman in Fund; whose place he was appointedwould have held office. (b) stepsnecessary for improving the financial

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7r [Provided that, the document, register, or records furnished by the panchayat shall be (c) any other matters which is being left to the returned in original to the panchayat, within commission by the Governor taking into account ninetydaysof its receiptby the Government, and of the interest of the financial securitv of the attestedcopy of the sameshall be retainedby the Panchayats. Governmentif necessary.l position ofthe Panchayats;and ( I 1) Governor shall causeto be laid before the (b) requireany Panchayat to furnish any return, Assembly each recommendation submitted by plan, estimate, statement of accounts; the Commission under sub-section(10) along with explanatory memorandum regarding the (c) require any Panchayat to furnish any steps takenon it. information or report on any matter connected with such panchayat; (12) Officers having knowledge and experiencein financial mattersshall be appointed (d) require any Panchayat to obtain rheir as staff of the Commission in order to assist the previous sanction before giving up a claim or Commission. closingdown any institutionwhich is a sourceof income:and CHAPTERXVII op'uNcrrolt oF THE GovERNMENTI (e) record in writing for the consideration of ?2 [any Panchayat] any observation in regard to "'1187. Administrative Set Up of Panchayat. the proceedingsor duties of the Panchayat;and The administrative set up of panchayatin the (f) have power to inspect any office or any Stateshall consistof Village Panchayats, Block Panchayats, District Panchayats and Grama recordsor other documentsofthe Panchayats or Sabhas.l movable properties kept therein or any work or institution or property under the control of the 188. Power to Inspect Records, etc., of Panchayat; Panchayats.(2) Every Panchayat,hesident, Secretaryand ( 1)The Governmentor any officerempowered Other Officer shall be bound to give facilities for by the Government in which behalf, rlol, exercisingdutiesundert'[* *] sub-section (l). 74 (a) call for any relord, register or other [(3) the Government may, in the manner document in the possession, or under the control prescribedarrangepenodical performance audit of any panchayat: in respectof the administrationof the panchayat.l

6e Substituted bv Act l3 of 1999 70lbid ]l Added by Acr 13 of 1999. ll Substituted by Act 7 of 1995. " Omitted bv Act 13 of 1999. ?oAdded by Act I 3 of 1999.

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lawfully issuedby the Governmentmay, by order in writing, fix a period for the performanceof such Theheadsof Departmentsconcernedandother duty, or the carrying out of such order. technicalofficers nominatedby them may inspect the works and development schemes (2) Ifsuch duty is not performed or such order implemented by any officer of that department is not carried out within the period fixed under under the control of any panchayat and also sub-section (1) the Governmentmay, aftergiving inspectrelevant recordspertaining to such works a reasonableopportunity to the Panchayator its and development schemes, in the manner Presidentor its Secretar!, as the casemay be, to specified by the Government. explain why further action under this sectionmay not be pursued,appoint any officer, or authority 189. General Power of Government to Issue to perform the duty or to carry out the functions Guidelines and to Conduct Enquiry. and may direct that the expenses incurred therefore shall be paid from the fund of the ( 1) Notwithstanding anything containedin this panchayatwithin such time as may be specified Act, the Governmentshall havethe power to issue by the Government. general guidelines to the panchayats in accordancewith the National and State Policies (3) If the expenses which the Governmentmay in matters such as finance, maintenance of direct under sub-section(2) to be paid from the accounts,officer management,formulation of fund ofthe Panchayatare not paid as provided in schemes,selection of sites and beneficiaries, that sub-section,the Government may make an proper functioning of Grama Sabha, welfare order directing the personshaving the custody of programmes and environmental regulations and the said fund to pay it in priority to any other panchayatsshall comply with such directions. chargesagainstthat fund, except chargesfor the (2) If thereis any default in the implementation service of authroisedloans. of schemes or maintenance of accounts or (4) The person referred to in sub section (3), complaintis receivedin the matter,Government may arrange for enquiry into the matter and the shall as far as the funds to the credit of the Panchayatadmit, be bound to comply with the panchayat shall co-operate with suchenquiry. order made by the Government under that (3) After such enquiry, Government may take sub-section. suchactionasis necessary andpermissible under 7u L Power 9 of Cancellation and Suspension of 11 this Act.l Resolutions,etc. 190.Power or Take Action for Default by A (1) Governmentmay either suo moto or, on a Panchayat President, or Secretary. referenceby President,Secretaryor amember, or (l )If, atany time,itappearsto theGovernment on a petition receivedfrom a citizen, cancel or that a panchayat,or its Presidentor its Secretary very a resolution passedor a decision taken by hasmade default in performing any duty imposed the panchayat ifin their opinion suchdecisionor by or under this Act or in carrying out any orders resolution -

88e. Technical Supenision and Inspection. -

by Act 13of 1999. ]'noaed '' Substituted by Act 13of 1999.

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743

(a) (b)

is not legally passedor taken; or (l) Every panchayatshall prepare a report in is in excess ofthe powersconferred by this respectof this administration every year in such form and with such details as may be prescribed Act or any other law or its abuse;or with the provisions (c) is likely to endangerhuman life, health by Governmentin accordance this section and publish the same before the of public safety, communal harmony or may thirtieth of Septemberof the succeedingyear and lead to riot or quarrel; or if the report is not published within the said time (d) is in violation of the directions or limit, Government may withhold the payment of provisionsof grant issuedby Government grants due to the panchayatthereafter. in the matter of implementingthe plans, (2) The draft of the administration report in schemesor programmes. respect of the institutions and offices under the (2) Before cancelling or amendinga resolution administrative control of the panchayat shall be ( l), theGovernment prepared by the heads of such institutions and ordecisionasper sub-section may refer the matter for consideration either of offices and shall be furnished to the Secretaryof the ombudsmanconstituted under section 271 G the panchayatand he shall preparethe draft ofthe administration report of that panchayat in or the tribunal constitutedundersection27 I S and consultation with the Presidentof the panchayat the ombudsman or the tribunal, as the casemay and shall be submitted before the panchayat for be; after giving the panchayatan opportunityof its approval. being head, senda report to the Governmentwith its conclusionsand the Governmentmay, on its (3) The panchayats within a district shall basis cancel, amend or confirm the resolution or immediately after the approval and publication of decision. the administrationreport, forward it to the officer authorisedby the Government in this behalf and (3) If another remedy is available to the the Village Panchayats and Block Panchayats petitioner through the tribunal under section 276, also shall furnish their administration reports to the Governmentshall not consider any petition the District Panchayat. for cancelling or amending any resolution or decisionof the Panchayat. (4) The officer authorisedby the Government shall submit a consolidatedreport containing the (4) If Governmentconsiderthat a resolution abstracts of the administration reports of the Village Panchayats, Block Panchayats and or decisionofthe Panchayat has to be cancelled District Panchayats,to Government before the ( I ) it may suspend or amended as per sub-section 3lst of December every year. such resolution or decision temporarily and may direct the panchayatto defer its implementation (5) The Governmentshall, assoonasmay after till the final disposal after the completion of the the receipt of the consolidatedreport cause it to (2).1 procedure under sub-section be laid beforethe Legislative Assembly in its next session alongwith a reviewreportof Government " 7t92. Administration Report of the Panchayat. and it shall be so laid within forty five days from the first day ofthat session.l
77Substituted by Act l3 of 1999.

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" []93. Dissolution of Panchayats. (l) If a panchayatfails to passthe budget of the panchayat for the succeedingfinancial year before the end of a financial year, which causes financial crisis or majority of its membersresign from office or is disqualified, the Government shall, by notification in the Gazette, dissolvethe panchayatfrom the date specified therein and a copy of the sameforwarded to the StateElection Commissionby the Government.

seek the advice of the Ombudsman constituted undersection271 G andtake a final decisionon the basisof such advice.l (3) Upon the publication of a notification ( l) 7e undersub-section (2)] all the [or sub-section membersof the Panchayat including the President and Vice-President shall forthwith be deemedto have vacated their offices as such, and fresh election, shall be held in accordance with the provisionsof this Act.

Provided that, the panchayatshall be given a (4) The membersof a reconstitutedPanchayat reasonable opportunity of being heard before shall enter upon their offices on the date fixed for suchdissolution. the reconstitution of the Panchayat and shall (2) If the Government is of opinion that continue only for the remainder of the period for panchayat persistently makes default in which the dissolved panchayat would have performing the duties imposed on it by law or in continued under the provisions ofthis Act had it carrying out the orders or directions lawfully not beenso dissolved. issued by the Government or exceedsor abuses to its powers, the Government may by notification 11S;ttre administration of the panchayat in the Gazette,dissolve the said panchayatand during the interval between the dissolution and shall forward a copy of the same to the State reconstitution ofpanchayatshall be exercised by Election Commission: the special officer or administrative committee (2) ofsection 151.1 appointed under sub-section Provided that, before such dissolution, the Government shall communicateto the panchayat (6) when a Panchayat is dissolved under the proposal to dissolve the panchayatalong with (l) ttlor sub-section (2)] the sub-section the reasonsfor the same and give the panchayat a reasonable opportunityto show causeagainst it administrative committee or the special officer and shall considerthe objectionsor explanation, appointed by the Government until the date of reconstitution thereoi and the reconstituted if any: Panchayatthereafter shall be entitled to all the Provided further that, if it is proposed to assetsand be subject to all the liabilities of the dissolve the panchayat after considering the Panchayat as on the dateofdissolution and on the objections or explanation ofthe panchayat, it shall dateof reconstitution respectively.

78 Substituted bv Act 7'Inserted bv Rct tl *'' substitutei by Act o ' l n s e n e db v A c t l 3

l3 of l3 of

of 1999 1999. of 1999 1999.

voL. t9 No.4

THE KEMIA PANCHAYATRAJACT

745

(7) Every notification issuedunder sub-section (1) 82 (2)] shall be laid, as soonas [or sub-section may be after it is issued, before the Legislative Assembly while it is in session for a total period of fourteen days which may be comprisedin one sessionor in two successivesessions;and if beforethe expiry of session in which it is so laid or the session immediately following the LegislativeAssemblymakesany modificationin the notification or decides that the notification should not be issued. the notification shall thereafterhave effect only in such modified form or have no effect, as the casemay be; so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that notification.

made by the State Legislature by law in this behalf, make such grants and shares of various taxes,duties,cessand feesas are necessary to the panchayats for the proper discharge of their functions under this Act. (2) The shares of taxes collected by the Government shall be distributed among panchayats at all levels in an equitable manner accordingto the formula fixed by Government in this behalf.l 196.Grants and Loansfor Schemes and Projects.

(l) The Governmentmay make such further grants and loans to the Panchayats as they 194.Powersof officers taking action on behalf of consider necessaryfor the execution of specific, or in default of Panchayat and liability of schemesprojects, programmes or plans relating Panchayatfund. to any of the matters administered by the The Government or any other officer lawfully Panchayatsunder such terms and conditions as taking action on behalf, or in default, of a may be fixed by the Government in this behalf. Panchayat under this Act shall have all such (2)Every Panchayat shall utilise such grants powers as are necessary for the purposeand shall or loans under this section only for the specific be entitled to the same protection under this Act purposes which grants for such or loansare given. as the Panchayator its employeeswhose powers are exercised; and compensation shall be (3) In respect of loans given by the recoverable from the Panchayat's fund by any person suffering damage from the exercise of Government under this section the provisions of such powers to the same extent, as if the action the KeralaLocalAuthoritiesLoansAct, 1963(30 hadbeentaken by the Panchayator its employees. of 1963) and the rules made there under shall apply. CHAPTERXD( FINANCE ANDTAXATION 'o Annual Report on Grants. 1196A. 83 1195.Grants and ShnresofTaxes. (l) The State Chief Secretary shall, ( 1) The Government shall having regardto the immediately after each financial year submit an recommendation, if any, of the Finance annual report to the Governor in respect of the Commission,in eachyear, after due appropriation amount of annual grants due to the Panchayats
t2 Substituted bv Act l3 of 1999 *t lbid. E4 Insertedbv Act 13 of 1999.

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87112; under any law or otherwise and the amount Service chargesat the rate fixed by the actually paid to the panchayatsand the criterion panchayat may be collected from the adoptedby the Government for such payment. beneficiariesutilising the toilet facilities, parking facilities or any other amenities or services (2) The annual report under sub-section (l) provided by it. Shall be laid before the Legislative Assembly within the first six months of the next financial (3) The amount collected, as service charge year.l shall be utilised for the up keep and maintenance of suchfacilities and services.l 197. Power of Panchayat to Raise Loan. 199. Surcharge on Tax on Direction by the (l) A Panchayat may borrow any sums of money which may be required for the purposes Government, for which the funds of the Panchayat may be (l) The Government may by order published applied under the provisions of this Act or any in the Gazette,direct any village panchayatto levy other law in force: from the whole panchayat area a surcharge not 85 Provided that while raising such loan the exceedingfive per cent on the tax leviable under assetsof the Panchayatshall not be pledged for this Act by that panchayatat such rate and with purposesother than for utilising in remunerative effect from such date (not being earlier than first development schemes. day of the half year immediately following that in which the order is publishedl as may be (2) The District Panchayats may issue specified in the order, to cover any expensesto Revenue Bonds and the net proceeds receivec be incurred by the district panchayat and block from facilities and servicescreatedutilising such panchayats in respectofany plan, project or work. bond may be offered as security for such bonds. (2) Any surcharge levied under this section (3) Government may give direction to make shall be demanded and collected by the village good any short fall in escrow accountsfrom the panchayatin the samemanner asif it were the tax grants due to the District Panchayatby them. levied under this Act and distributed to the block panchayatand district panchayat in the manner 198.Power of Panchayat to Collect Fixed Fees. prescribedafter deducting three per cent thereof towardscollectioncharges. (l) A Panchayatmay collect such fees from No surcharge undersub-section( I ) shall the beneficiariesof the institutions which are run " 113; or financed wholly or partially by it at such rates be directed to be levied unless prior sanction of 86 [as fixed by it] subject to the rules made by the concerned panchayat is obtained for the Government for the purpose. implementationof suchscheme,project or work.]

t5 lbid. E6 Substituted by Act ? of 1995. tt Added bv Aci 13 of 1999. tt Added bi Act 13 of 1992.

:E!F1-F'

voL. 19NO.4

THE KEMI"A, PANCHAYAT M.I ACT

747

200. Taxes Cess, etc., which may be Levied by (ii) The tax leviable shall be payable by and Village Panchayat. recoverablefrom the owner of the premisesif he receives rent for the show or if no rent is paid, the (l) Every village panchayatmay levy in its proprietor of the show including any person area a 8e[property tax] a profession tax, an responsiblefor the managementthereof.l advertisementtax and an entertainmenttax. (2) Service tax shall be levied at the rate fixed by the village panchayat,subjectto the minimum 202. BasicTax Grant. rate prescribed for sanitation, water supply, scavenging,streetlighting anddrainagewherever (l) The governmentshall pay annually, as such services are provided by the Village recommended by the Finance Commission, to Panchayat. each Panchayatat the village level in the State a grant, which shall be equal as nearly as may be (3) A duty shall alsobe levied in every village threeby eight, of the amount of basictax collected panchayat area on transfers of property in by the Governmentin the last precedingyear from accordance with the provisionsof section206. that panchayatarea. o" [(3 A) A village panchayat may levy from land owner, a land conversioncessat such rates and in such manner as prescribed in respect of paddy fields, marshy lands, pond or wet land which he washoldingandhasbeenconverted into gardenland or land on which thereis a building. (2) The Government may, after considering the area,population, availablefinancial resources and the requirementfor development,etc., of the village panchayats and the expense for administration of panchayats, also provide an e2 amount as nearly asmay be three by eighth that Explanation. - Nothing in this section shall be may be prescribedby Government in proportion deemed as affecting any of the provisions of to the balance amount already collected by Government as basic tax from the entire land of KeralaLand Utilisation Order. 1967. the state for the preceding year, as grant for the of the State. (4) (i) A show tax shall be levied on all shows village panchayats within the village panchayat area at the rates prescribedby Government in this behalf. " 11:; the Governmentshall, for every year provide, as nearly as may be equal to three by Explanation. - the tertr 'show' includes any tenth of the amount of basic tax as collected from entertainment, exhibition performance, the district panchayat area in the just previous game,sportor raceto which persons year, as grant for the Block Panchayatsof the amusement, are admitted on payment of money. Districts;

e'1zot1 [*****/

8eSubstituted bv Act l3 of 1999 '' Added bv Aci l3 of 1999. '] Omitted-byAct l3 of 1999. " S u b s t i t u t eb dv A c t l 3 o f 1 9 9 9 e3 Ibid.

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(4) The Government shall, for every year, (i) provide to every district panchayatan amount as nearly as may be one by fifth of the basic tax collected from the concerned district panchayat areafor thejust previousyear, as grant.] (ii)

the manner of ascertainingthe net annual rental value of building on the categories in to which they fall for the purposes of taxation: the person who shall be liable to pay tax and the giving of notices of transfer of e41203. Property Tax. buildings; (iii) the grant of exemption from tax on the ( 1)every village panchayatshall in accordance groundofproperty. with the rules prescribed for the purpose levy a (iv) the grantofvacancy and otherremissions; property tax on all buildings and land appurtenant and theretosituatedwithin the panchayatareaand not (v) the circumstances in which and the exempted under this Act at such percentageas conditions subject to which buildings may be determinedby the village panchayaton constructed, reconstructed or demolished the net annual value determined on the basis of or situated in areas included in, or excludeC the plinth area and consideringthe site of the from, the panchayat area during any half building, its use, type of constructionand other year,shallbe liable or cease to be liable to determined factors: the whole or any portion of the tax. 2[(vi) method of fixing the annual value of Providedthat in the caseofbuildings given on property based on the plinth area of the rent, tax shall be levied by adding twenty-five building; percentage also for the net annualvalue calculated (vii) maximum tax to be paid by the assessee; according to plinth areale5 (viii) returns to be filed by the owners of the buildings; (2) The building tax shall be levied annually (ix) rate of deduction to be allowed based on and be payable in two equal half yearly instalments. the ageand useof the buildings.l (3) The building tax, and the surcharge on building tax, ifany levied undersection208,shall subjectto the prior paymentofthe land revenue, if any, due to the Government in respect of the site of the building, be a first charge upon the building and up on the rhovable property, if any, found within or upon the same and belonging to the personliable to suchtax. (5) If the occupier of a building pays the building tax on behalfof, the owner thereof, such occupier shall be entitled to recover the same from, the owner and may deduct the same from therent thenorthere after dueby him to the owner. 204. ProfessionTax. -

(l) The professiontax shall subject to such (4) The Government may make rules rules as may be prescribed be levied every half providing for, year in every village panchayatareaon -

'o Substituted Act bv l3 of 1999 ntAdded by Rci 13of 1999.

voL. 19NO.4

THE KEMI-A PANCHAYAT MJ ACT

749

(i) every company which transactsbusinessin Corporation or Cantonmentauthority in the State such panchayatarea for not less than sixty days more than the deferencebetween such sum and in the aggregate in that halfyear; and the amount to which it or he is otherwise liable for the profession or companies tax for the half (ii) every person who, in that half year year under this Act or the law governing Municipalitiesor Cantonment. (a) exercise a profession, art or calling, or transacts business or holds any appointment, (5) Nothing contained in this section shall be public or private deemedto render aperson who resideswithin the (i) within suchpanchayatareafor not lessthan local limits of one local authority and exercises this profession, art or callingor transacts business sixty days in the aggregate, or or holds any appointmentwithin the limits of any (ii) outside in such panchayat area but who other local authority or authoritiesliable to higher residesin it for not less than sixty days in the profession tax for more than the higher of the aggregate, or amounts of tax leviable by any of the local authorities. In such casesthe tax shall be levied (b) resides in such panchayatareafor not less by the local authority which levied the higher rate than sixty days in the aggregateand is in receipt of tax and shall be apportioned among local of any income from investments. authorities in such proportion as may be prescribed: (2) The profession tax shall be levied at such ratesasmay be fixed by the village panchayatnot Providedthat whereoneofthe local authorities exceedingthe maximum rates prescribed. concernedis a Cantonment authority or the Port (3) A person shall be chargeable under the authority of a major port the decision of the local classappropriateto his aggregate income from all authorities shall be subject to the concurrenceof the sourcesspecifiedin sub section(1) as being the Central Governmentobtainedin such manner liable to the tax. as may be prescribed. (4) Ifa company or person proves that it or he haspaid the sum due on accountofthe profession tax levied under this Act, or professiontax levied under any law for the time being in force governingMunicipalities in the Stateor any tax of the nature of a profession tax imposed under the CantonmentAct,l924,forthe samehalf year to any Panchayat or Nagar Panchayat or Municipal Council or Municipal Corporationor Cantonmentauthority in the State,suchcompany or personshall not be liable by reasonmerely of change of place of business, exercise of profession, art or calling appointment or residence, to pay to any other panchayat, Nagar Panchayat, Municipal Council or Municipal (6) The profession tax leviable from a firm or associationmay be levied from the agent of the firm or associationas the casemav be. (7) (a) If a company or person employs a servant or agent to represent it or him for the purposeoftransactingbusiness in any local area of a Village Panchayat such company or person shall be deemedto transact business in that local area,and such servantor agent shall be liable for the profession tax in respect of the businessof such company or person whether or not such servant or agent has power to make binding contractson behalf of such company or person.

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(b) Where one company or personis the agent of another company or person, the former company or person shall not be liable separately to the profession tax on the same income as that of the principal. 205. Co ll ection of P rofessio n Tax by Employ e rs.

Provided that in the case of self-drawing officers, the Head of office or employer shall take such steps as may be prescribed for ensuring remittance by such self-drawing officers of the profession tax covered by the bill or notice. e6 1205 A. Statements, Returns, etc., to be Conftdential All statements made, returns furnished or accounts or documents produced in connection with the assessment of professiontax payableby any company or person shall be treated as confidential and copiesthereofshall not be issued to the public. 205 B. Requisitionon Owner or Occupier to Furnish List of PersonsLiable to Tax. The Secretary may, by notice, require the owner or the occupier of any building or land and every administrator or manager of a hotel, boarding or lodging house, club or residential chambers,to furnish within a specifiedtime a list in writing containing the names of all persons occupyingsuchbuilding, land,hotel,boardingor lodging house,club or chambersand specifying the profession,art or employment of every such person and the rent, if any paid by them and the period of suchoccupation. 205 C. Requisition on Employers or their Representatives to Fumish List. The Secretary may by notice require any employer or headof office or the administrator or the managerof any public or Private office, hotel, boarding or lodging house, club, firm or a company.: -

( l) Every headof office oremployerin relation to an office or undertaking or institution where personsare employed for salariesor wages shall as soon as may be, on receipt of the bill or notice of demand of profession [ax, serve such bill or notice on the employeesand return the duplicate ofsuch bill or noticeto the secretary ofthe village panchayat concerned. (2) Subject to suchrules as may be prescribed, uponserviceof bill ornotice of demand, the Head of office or employer shall, after the expiry of the period specified in the bill or notice, recover or collectthe amountof profession tax shownin the bill or notice, by deduction or otherwise from the salariesor wagesof the employeesand remit it to the village panchayatin such manneras may be prescribed. (3) Where the amount of profession tax coveredby a bill or notice of demandis in after on account of default on the part of the Head of office or employer to collect and remit the same as required in this section such amount shall be recoveredfrom such Head of Office or employer subject to such rules as may be prescribedas if it is an arrear due from him:

e6Inserted by Act 13 of 1999

*:w

voL.19 NO.4

THE KEMI^A, PANCHAYATRAI ACT

751

(a) to furnish, within specified time a list in writing containingthe names of theemployerand all persons who were employed or working in such office, hotel, boarding or lodging house, club, firm or company as officers, employees, interpreters,agents,suppliersorconfiactors along with a statementof the salary or income of such persons employedand

designationof the headof office and shall intimate the secretary whenever there is a change to the head of office. (3)The Secretaryshall immediately on receipt of the information furnished to him under sub section (l) register the name of offices or institutions in a register maintained for the purpose.

(b) to furnish particulars in regard to any company of which such employer or head 205 F. Assessment of Profession Tax by Head of administratoror manager,as the casemay be, is Office, etc.an agent. (1) The Secretary shall, during the month of 205 D. Recoveryof ProfessionTaxby Employers. May and November in every half year, by notice require every headof office or employer to assess all employees in his institution,who are liable to Notwithstanding anything contained in the pay professiontax and every selfdrawing officer foregoing provisions, every head of office, to remit the Professiontax due in accordance with employer, manager,proprietor and any personin the scheduleto the said notice. the administrativecontrol of any office company, firm, undertaking, establishment or any (2) Before the end of August and February institution, where persons are employed or every year eachheadofoffice and employer shall engagedfor salariesor wages, shall be bound to assess the tax payableby all employees liable to recover from any such personliable to profession pay tax and recover the amount from them and tax, the profession tax due at the rate fixed by the pay over to the village panchayattogether with a village panchayat and pay over to the village list of all employees whosetax hasbeenassessed panchayatas hereinafter provided. giving the details such as name, designation,half 205 E. Requisition to Furnish Name of yearly income and amount of tax recovered and shall also furnish a certificate to the effect that all Institutions, etc. employeesliable to tax have beenincluded in the (1) The Secretary shall during the month of statementfurnished. April every year, by notice, require every headof ofTiceor personbound ts recoverprofessiontax 205 G. Issue of Receiptfor Remittance.under section 205D to furnish the names and (1) The Secretary shall, on receipt of the of the offices or institutions under his addresses payment, issue an official receipt in the name of control within such time as may be specified in the head of office for the amount remitted. the notice. (2) Every headofoffice shall,in turn, grantto (2) Every head of office shall furnish to the Secretarythe information required by him under each taxpayer a certificate in respect of the sub-section (l) within such time as may be recovery and payment of tax to the village specified and he shall also furnish the name and panchayatof the relevant half-year.

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205 H. Payment of Tax by Self-Drawing fficers.

205 K. Penaltyfor Non-Paymentof Tax. Where, at any time, it appearsto the Secretary that any head of office or employer or self-drawing officer who are bound to furnish the details and remit the tax due as specified under sections 205E, 205F and 205H has failed to furnish such details or to remit the tax due within the specifiedtime, the secretaryshall immediately thereaftertake penal action againstsuchdefaulter or defaulters.

( 1) Every self-drawing officer shall, before the end of August and Februaryevery year,remit or causeto be remitted the profession tax due from him in respect of such half-year in accordance with the schedule of tax in force along with a statementshowing the details etc. of half yearly income.

(2) Soon after thereceipt ofpaymentunder sub section (1) the Secretary shall issue official Explanation. - For the purposeof this sectionand receipt thereof. sections 205D to 205J (both inclusive) the expressionHead of office or employer in relation 205 L Maintenance of Demand Register. to an office, institution, undertaking, etc. meansthe personauthorisedto The Secretary shall maintain a ward-wise establishment Demand Register by providing independent draw and disburse the salary or wages of the pages for every institutionspecified in subsection employees in suchoffice, institution,undertaking (2) of section2058 and in such casethe headof or establishment. office and the self-drawing officers if any, shall be the assesses andthe remittanceshall be entered 206. Duty on Transfer of Property. againsttheir names.One demandregister for this purposemay be used for one or more years. (l) The duty on transfer of property shall be levied 205 J. Certificate of Drawing and Disbursing Officers and Self Drawing Officers, (a) in the form of a surcharge on the duty imposed by the KeralaStampAct, 1959,on every A certificate shall be furnished along with the instrument of the description specified below, salary bill of the drawing and disbursing officer andthe self-drawing officers relating to the month which relatesto the immovable property situated jurisdiction of a village ofFebruary and August every year, to the effect in the area under the that professiontax due inrespect of all employees panchayat;and and himself, as the casemay be hasbeenpaid and (b) at such rate as may be fixed by the the details thereof have been furnished to the secretaryand in the absence ofsuch certificate the Governmentnot exceedingfive per cent on the passingofficial shall not honour the bill. amountspecifiedbelow againstsuchinstruments :

voL. t9 No.4

THE KERAIA PANCHAYAT MJ ACT

753

Description of instrument

Amqrnt on which duty should be levied

/?\

(1)
(i) Sale of immovable proprty

The amount or value of the consideration for the sale as set forth in the instrument. The value of the property of the greatest value as set forth in the instrument. The value of the property as set forth in the instrument The amount secured by the mortgage as set forth in the instrument The same stamp duty on a bottomry bond (item 14 of the Schedule to the Kerala Stamp Act, 1959) which may be remitted or payable as per the lease deed. The same stamp duty on a bottomry bond (item l4 ofthe Schedule to the Kerala Stamp Act 1959) on one year's average leaseamount or price fixed. The same stamp duty on a sale deed (items 2l ot 22, as the case may be, of the Scheduleto the Kerala Stamp Act, t959) for a consideration equal to the averageof lease amount fixed for an year. If the lease is subsisting for a very long period the same stamp duty as on a sale deed (item 2l or 22, as the case may be, of the Kerala Stamp Act, 1959) for a considerationequal to three times the averageyearly lease amount or price remitted or paid for the first ten years. Total amount of leaseremitted or paid during the first fifty years, as shown in the instrumentJ The amount or value as set forth in the releaseddeed.

(ii) Exchange of immovable property

(iii) Gift of immovable property (iv) Mortgage with possessionof immovable property " [(u) (a) assignmenton lease of immovable propefty for more than one year

(b) assignmenton lease of immovable property for not less than one year but not more than five years.

(c) assignmenton lease of immovable property for more than hve years but not exceeding ten years.

(d) assignmenton lease of immovable property exceeding ten years but not being a perpetual lease

(e) Perpetual property lease of immovable

(vi) Release, thatis to say,anyinstrument whereby penon or a person renounces a claim uponanother property against anyspecified whensuchrelease doesnot operate in favourof his or herspouse or children.

(2)Ontheintroductionofthedutyasaforesaid, situatedoutsidesuch area;and (b) Section62 of the Kerala StampAct, 1959 (a) Section 28 of the Kerala Stamp Act, 1959 shall be read as if it refened to the village shall be read as if it specifically required the panchayatas well as Government. particulars to be set forth separatelyin respectof property situatedin the areaunder thejurisdiction (3) The Government may make rules not of a village panchayatand in respectof property inconsistent with this Act for regulating the
e7Inserted bv Act 7 of 1995.

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tt collection of the duty, the payment thereof to the [(c) Buildings including hostels under the Village Panchayat and the deduction of any ownership and use of educational institutions expenses incurred by the Government in the recognised by Government, public buildingsused collectionthereof. for charitable purposes of providing shelter to destitutes and animals and libraries and (4) The amounts collected in all the village playground open to public.l panchayats in the State as duty on transfer of property under this section shall be pooled every (d) such ancientmonumentsprotectedunder year for the entire Stateand distributed among the the law relating to the protection of ancient village panchayatsafter deducting three per cent monuments for the time being in force, or parts thereof towards collection charses. thereof as are not used as residential quarters or (5) Seventy-five per cent of the amounts as publicoffices; payable to the village panchayats under subsection(4) shall be distributed among all the (e) burial and burning grounds; village panchayatsin the State in proportion to the population of the village panchayat areasas (0 building or land belonging to the ascertained at the latest census of which the Panchayats; and relevantfigureshavebeenpublished. The balance of twenty-five per cent of the amountsshall be (g) suchproperty of the Governmentnot being distributed to the village panchayatsin such buildings as may from time to time, be notified proportion as may be fixed by the Governmentor by the Government in the Gazette. suchother officer asthey may authoriseby special or general order having regard to the area, ee 11tr; UultOing with mud walls or roofs available resources, needs of development and with leaves or lightweight sheets and thatched cost of Panchayatadministration. having a plinth areaof lessthan 20 sq. metres; 207. ExemptionfromTax, Cess,etc. (i) Residential building constructed by a (1) The following buildingsand landsshallbe person,who belongsto an economicallyweaker exempt from the tax, cessor duty leviable under section,using Governmentsubsidyand having a section200, namely: plinth areaof less than twenty sq. metres. (a) Places set apart for public worship, and Explanation. either actually so used or used for no other purposes. The exemption under this section shall not be (b) choultries for the occupation of which no given to buildings and lands for which the owners rent is charged and choultries where the rent realiserent and to residentialhousesappertaining chargedfor the occupationis usedexclusively for to schools and colleges but not hostels and charitable purpose; residential buildings attachedto libraries.l
e8 Insertedbv Act l3 of 1999. eeSubstitutel bv Act l3 of 1999.

iw[;F3

voL. 19NO.4

THE KERAI/4, PANCHAYAT RAJACT

755

(2) The Government and with sanction of Government, a villagepanchayat may exemptany personor classofpersons wholly or in part from the payment of any tax, cessor duty to which he or they may otherwise be liable under the provisionsof this Act. But nothingin this section shall be deemed to authorise the exemption of any, person solely on the ground that he is a member of the Panchayat.

whatsoever in any place in such area whether public orprivate shall pay to the village panchayat on every such advertisementa tax calculated at suchratesand to suchmanner and subjectto such exemptionsasthe village panchayatmay with the approval of the Government and by resolution determine:

Provided that the rates shall not be less than the rates prescribed by the Government for the Explanation. - In this section,'person' includes purpose: an institution, firm, company or corporation. hovided further that the tax under this section 208.Surcharge on"'' [property tax]. on anyadvertisement displayed in apublic service vehicle as defined in the Motor Vehicles Act, (l) A village panchayat may in the manner (CentralAct 59 of 1988) passingthrough 1988 prescribed,levy either from the whole panchayat the local limits of more than one Local Self area or any specified portion thereof and for a Government Institution shall be levied by a specified time a surchargenot exceedingfive per village panchayat only if such vehicle; r0r[property cent on the tax] levied undersection 203 to cover any unusual expenses incuned by it (a) commencesits operation from the area of in respectof any plan, project or work: that village panchayat;or Provided that not more than two surcharges (b) commencesits operation from a place not shall be imposed on such r02 [property tax] levied within the said village panchayat and passes at a time. through the said village panchayatbefore passing through the local limits of any other Local Self (2) any surcharge levied under this section GovernmentInstitution: shall be demanded and collected in the same to3 manner as if it where the [property tax] levied hovided further that no tax under this section, undersection203. shall be levied on any advertisementor a notice t*1209. Tax on Advertisement.(a) of a public meeting; or

Every person who erects, exhibits, fixes or (b) ofan election to any legislative body or a retains upon or over any land, building, wall Municipality or a panchayat;or boarding or structure,in a village panchayatarea any advertisement or who displays any (c) of a candidature in respect of such an advertisement to public view in any manner election:
rn'substituted bv Act l3 of 1999 rorIbid. ,,,t lbid. r"r Ibid. ru Insertedby Act l3 of 1999.

'

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JOURNALOF INDIAN SCHOOLOF POUTICAL ECONOMY

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hovided also that no such tax shall be levied parachute or other similar device employed on any advertisement which is not a skysignand wholly or partly for the purposes of any which advertisement upon or over any land buildings or, structureorupon or over any public placebut shall (a) is exhibited inside the window of any not includebuilding which is not a public place;or (b) relates to the trade or businesscarried on (a) any flag-stiff, pole, vane, or weather,cock, within the land or building upon or over which unless adaptedor used wholly or in part for the suchadvertisement is exhibited,or to any saleor purpose ofany advertisement; or letting of such land or building or to any sale, entertainmentormeeting to be helduponor inside (b) any sign, or any board, frame or other the same;or contrivance securelyfixed to or on the top of the (c) relates to the name of the land or building wall orparapetofany building, or on the cornice upon or over which the advertisementis exhibited or blocking course of any wall, or to the ridge of or to the name of the owner or occupier of such a roof: land or building; (d) relates to the business of any railway administration or airport authority; Provided that such board, frame or other contrivance be of one contiguous face land not

open work and do not extend in the height more (e) is exhibited within any railway station or than one metre above any part of the wall or airport or upon any such wall or other property parapet or ridge to, againstor on which it is fixed facing the street excluding any portion of the or supported;or surface of the wall or property belonging to the railway administration or airport authority. (c) any advertisementrelating to the name of Explanation 1. - Ttie word "structure" in this the land or building upon or over which the section shall include any movable board on advertisementis exhibited, or to the name of the wheels used as an advertisement or as an owner or occupierof suchland or building; or advertisementmedium. Explanation 2. -T\e elpression "sky-signs", in this section, means any advertisementsupported on or attached to any post,pole,pillar, framework or other support wholly or partly upon or over any land, building, wall structure which, or any part of which, skysignshall be visible against, the sky from somepoint in any public place and includes all and every part of any such post, pole, pillar frame work or other support. The expression 'sky-sign' shall also include any balloon, (d) any advertisementrelating exclusively to the business of a railway administration and placedwholly upon or over any railway station, yard, platform or station approachbelonging to a railway administration and so placed that it shall not fall into any street or public place; or (e) any notice ofland or buildings to be sold or let, placedupon suchland or is building.

;G-5rrlFlf;F

'G

voL. t9 No.4

THE KEMIA PANCHAYATRAJACT

757

Explanation 3. - For the purpose of this section Provided that the provisions of this section 'Public shall not apply to any advertisement erected, Place' meansany place which is opento exhibited, fixed or retained on the premisesof a the use and enjoyment of the public whether it is railway administrationrelating to the businessof actuallyusedor enjoyedby the public or not.l the railway administration. t"1209 A. Prohibition of Advertisement Without 209 B. Owner or Personin Possession be Deemed Responsible. Written Permission of the Secretary. Whereany advertisement is erected,exhibited, (1) No advertisement shall after taking a fixed or retainedupon or over any land, building, decisionby the Village Panchayat on the levy of wall, hoarding orstructure in contraventionof the tax under section 209, be erectedexhibited, fixed provisions of section 209 or 209A or after the or retainedupon or over any land, building, wall, written permission for the erection, exhibition, fixation or retention thereof for any period has hoardingor structurewithin the village panchayat been expired or become void, the owner or area or shall be displayed in any manner occupierofsuch land,building, wall, hoardingor whatsoeverin any place in that village panchayat structure shall be deemed to be the person who area without the written permission of the has erected, exhibited, fixed or retained, such advertisement in contravention unlesshe proves Secretary. that such contravention hasbeen committed by a person not in his empioyment or control or has (2) The Secretary shall not grant such beencommittedwithout his contrivance. permission if. 2_09 C. Removalof UnauthorisedAdvertisement. (i) the advertisement contravenes any (l) Where any advertisement is erected, exhibited, fixed or retained contrary to the provisions ofsection209 or section209 A orafter the written permission for the erection, exhibition, fixation or retention thereof for any period shall have expired or become void, the Secretarymay, by notice in writing, require the owner or occupier of the land, building, wall hoarding or structure uponor over which the same is erected,exhibited, fixed or retained to take downorremove suchadvertisement, ormay enter any building, land or property and have the advertisementremoved.

bye-law made by the Village Panchayat underseclion256; or (ii) the tax, if any, due in respect of the advertisementhas not been paid. (3) Subjectto the provisionsof subsection (2), in the case of an advertisement liable to advertisement tax, the Secretary shall grant permission for the period to which the payment oftax relatesand no fee shall be chargedin respect of suchpermission:

ro5 Inserted by Act 13 of 1999.

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(2) Any person exhibiting or responsible for exhibiting any advertisement otherwisethan, in accordance with the provisionsof this Act shall be liable to pay, in addition to the penalty prescribed in VI and VII Schedule, the charges for the removal of the unauthorised advertisement,to the Village Panchayat. 209 D. Collection of Tax on Advertisement.The Secretarymay farm out the collection of any tax on advertisementleviable under section 209 for any period not exceeding one year at a time on such terms and conditions as may be provided for by bye-lawsmadeundersection256. 209 E. RecoveryofTax Payable. -

hovided further that, if for any reason the distraint or a sufficient distraint of a defaulter's property is impracticable, the Secretary may prosecutethe defaulter before a Magistrate. 2l I. Power to Require Village Officer to Collect Taxesand FeesDue to Panchayats.Subjectto suchrules asmay be prescribed,the Secretaryshall have power to require the village officer having jurisdictions over Village Panchayatarea or any part thereof to collect any tax, cess,surchargeor fee due to the Panchayat on such conditions as the Government may by general or special order determine.

Notwithstanding [anything contained in this Act any, amountpayableunderthe provisionsof 212. Panchayat Funds, , this Act, rules or bye-laws,is not paid on the due date, shall be recovered together with penal (l) Every Panchayatshall constitute a fund in interestat the rate of two per cent per month from accordance with provisionsof this section. the due date: (2) (a) All moneys received by the Village Provided that no penalty shall be recoveredon rft any amount that has become payable or payable Panchayatexcept the [money acceptedfor the in a half year, if it is paid in the samehalf year.l Block Panchayat or District Panchayat or the Governmentl and thosereceived on behalf of the 210. Recovery ofArrears ofTax, Cess,etc. Block Panchayat the District Panchayat or the Government shall constitute a fund called the Any arrear of cess, rate, surcharge or tax imposed or fees levied under this Act shall be Village Panchayatfund and shall be applied and recoverableas an arrear bfpublic revenue under disposedof in accordancewith the provisions of the law relating to the recovery ofarrears ofpublic this Act and the rules made there under: revenue for the time beine in force: Provided that the Secretary of a Village Panchayat may directly recover by distraint, under his warrant, and sale of movable properties of the defaulter subject to such rules as may be prescribed:
rffiSubstituted by Act 13 of 1999

Providedthat the Village Panchayatshall have power, subjectto suchrules asmay be prescribed, to direct that the proceedsof any tax or surcharge levied under this Act shall be earmarkedfor the purposeoffinancing any specificpublic benefit.

voL. 19NO.4

THE KEML.A PANCHAYAT MJ ACT

759

A separateaccount shall be kept of the receipts Government or the District Panchayat shall from every such tax or additional tax and the constitute a fund which shallbe called 'the Block expenditurethereof. Panchayat Fund' and shall be applied and disposedof subjectto the provisionsof this Act '0? 11b; The Village Panchayat fund shall and the rules made there under. consistof the following components, namely:(i) Own income of the Village Panchayat which shall consist of taxes,duties, cesses anc surchargelevied under this Act or any other law, leaserents and other receiptsfrom propertiesanc enterprises,fees for licences and permissions, finesandpenalties, incomefrom endowments anc trusts managed by the Village Panchayat, unclaimed deposits and other forfeitures and miscellaneous income from sources such as pbrampokes,fishing lands and shall include the share of the taxes collected by Government and transferredto the credit of the Village Panchayat and the grantsreleased by Government. (4) All moneys received by the District Panchayatexcept those received on behalf of the Government shall constitute a fund which shall 'District be calledthe Panchayat Fund' and shal. be applied and disposed of subject to the provisions of this Act andrules made thereunder. (5) Notwithstanding anything contained in sub-section(2) to (a) the Government may direct any panchayat to constitute separate funds to which shall be credited such receipt as may be specifiedby the Governmentand such funds shall be applied and disposed of in the manner prescribed.

(ii) Grants released by the Government for implementationof schemes,projects and plans (6) The amounts at the credit of the Village formulated by the Village Panchayat; Panchayatfund, the Block Panchayatfund or the District Panchayat fund referred to in (iii) Grantsreleasedby the Governmentfor the (2) to (a) and the other fund referred sub-sections implementation of schemes projects or plans to in sub-section(5) shall be kept in the Public assigned,delegated or entrusted to the Village Deposit Account in the Government treasury as Panchayat underthis Act; and may be specified by the Government. (iv) Money raised through donations, (7) All fees for licences and permissions contributions and grantsfrom the public and nonreceived by the Village Panchayatunder this Act agencies.. Governmental rD * * or any other law 1 I shall be utilised for the purpose for which the said fees are levied. (v) The amount borrowed under section 1971 tto18; All grants releasedby the Government for the implementation of schemes,projects and (3) All moneys received by the Block plans shall be utilised only for the purposesfor Panchayat exceptthosereceivedon behalf of the which such grants are released. r o 8* [ xt ]
"'t lnsertedby Act omitted bv Act "" r0 O m i n e db y n c r "'Insened bv Act 13 of 13 of t3 of 13 of 1999. 1999. 1999. 1999.

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(9) No contribution, grant or expense for a (ii) purposenot directly concernedwith a function of the panchayat specified in this Act or any other law shall be made by a panchayat from the (iii) panchayat fund in excessof an annuallimit that may be specified by the Government. (10) The panchayatshall constitutea special fund on the discretion of the panchayatfrom the donations and contributions which are collected locally for meeting the expenses to be incuned by (iv) per powers President the as the delegatedto the Presidentby the panchayatand its constitution (v) and utilisationareto be according to the bye-laws (vi) made by the panchayatfor this.l 2I j. Itemsof ExpenditureDebitable to Panchayat Fund. \ (l) The purposesto which a panchayatfund may be applied include all objects authorisedby this Act, the rules made there under and by other laws and in general everything necessaryfor or conducive to the safety, health, education, convenience, comfort and welfare of the inhabitants ofthe panchayatarea concernedand everything incidental to the administration of the panchayat; and the funds shall be applicable thereto within the panchayat area subject to this Act, the rules framed thereunder rlr [ * * * ] and shall be applicable thereto outside the panchayat areaifthe expenditureis specificallysanctioned by the Government.

theelectionexpenses including the cost of preparation of the electoral rolls and conductof elections; the salaries and allowances and the pensions, pensionary contributions, gratuity and provident fund contributions of its officers and employees and the allowances to the President, Vice-President and members which mav be due: sum due under any decree or order of a court; any other expenses renderedobligatory by or under this Act or any other law; and amount of fees for audit.

(b) The Government shall determine the amount of the election expensesreferred to in sub-clause (ii) of clause (a) and their determination shall be final and binding on the panchayat.Such amount shall have priority over all other charges except for the service of authorisedloansincluding the loansand advances referredto in section217. (3) A panchayatmay contribute any fund for the defenceof India. (4) A panchayatmay by resolution supported by not less than one half of its strength, sanction the payment of (i) a contribution towards the expenses of any Panchayat conference or association of Panchayats, or any contribution towards the expensesor reception of important personagesor the expenses of any public exhibition, ceremony or entertainments-

(2) (a) It shall be the duty ofevery panchayat (ii) to provide for the payment of (i) any amount falling due on any loans contractedby it;

rrrOmittedbv Act l3 of 1999.

voL. 19NO.4

THE KERAI"A, PANCHAYAT MJ ACT

761

meet the expensesin connectionwith (lB) The panchayatshall consider the budget any matter not specified in the Act or the Rules proposalsand finally pass the budget estimate made there under: with alterationsif any, beforethe beginning of the year to which it relates.l Provided that the total annual expensesunder this sub-section shall not exceed the limit (2) The working balance shown in the budget prescribedby the Government.l shall not be less than five per cent of the current year'sestimated receipts, excludingreceipts from 5."'[*{<**xx] endowments,government grants contributions and debt account. ttn12l4. Preparation and Sanction ofBudget. (3) Receiptsanticipatedshall be accurateand (1) Subjectto suchdirectionsasmay be issued by Government from time to time and rules as may be prescribed, the budget proposals containing detailed estimate of income and expenditureexpectedfor the next year including the expenditure on the development plans preparedand sanctioned under section 175 shall be preparedby the respectivestandingcommittee considering the estimates and proposals submitted by Secretary and the officers dealing with the respective subjects, before the l5th January every year and the same shall be submitted to the standins committee for finance. elaborate and shall be accompaniedby detailed notesand explanationsofany specific difference from the preceding years actual receipts. (4) It shall contain necessary provisions to meet all the prescribedchargesand repaymentof debts.

rr2[or

(5) If in the course of a year a Panchayatfinds it necessary to modify the estimatesshown in the budget with regard to its receipts or expenditure on the different services undertaken by it, the Standing Committee shall frame a supplemental or revisedbudget and forward it to the Panchayat ( 1A) The standingcommittee for finance,after for sanction. considering the proposals submitted under sub-section( I ) and all the requirementsunderthis (6) Save in the caseof a pressing emergency Act shall prepare a budget showing the income no sum shall be expendedby or on behalf of a and expenditureof the panchayatfor the ensuing Panchayatunless such sum is included in the year and the Chairman of the said standing budget estimatesin force at the time of incurring committee shall, not later than the first week of the expenditure. March, in a special meeting of the panchayat ttt regarding the development and declaration As soonas the budgetis passed, copies 117; therein by the president regarding the thereof shall be furnished to the Government and developmentand welfare works that areproposed to the officers authorisedby the Government in to be taken up by the panchayat,presentthe same this behalf and also to the auditors and such before the panchayatfor its approval. authorised officers shall prepare a consolidated

rr2Inserted bv Act 13 of Ir3 O m i n e db v A c t t 3 o f rroInsertedbv Act l3 of rrsInsertedUy.Lct t: of

1999. 1999. 1999. 1999.

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statement of the budgetestimateof the panchayats in each district: Provided that, the village panchayats and the Block Panchayats in a district shall furnish copies ofthe budget passedby them to the district panchayatand the District Planning Committeeconcerned.

or any loss or waste of money or other property thereof causedby neglect or misconduct of the officer and authorities ofthe Panchayat.

(6) The auditors shall also report on any other matter relating to the accountsof the Panchayats as may be required by the Government, to the (8) A panchayatshall not either incur any officer authorised by the Government in this expenditurein excess of the provision in the behalf. budget or where the budget of the year has not (7) The Panchayatshall forthwith remedy any been passedbefore the first day of April, make any expenditure from that date.l defect or inegularity pointed out by the auditors and report the action taken to the officer 215" Accounts and Audit. authorisedby the Government in this behalf. (l) The Panchayatshall maintain such books (8) The auditors shall in the performance of of accounts and other books in relation to its their functions under this Act have all the powers accounts and prepare an annual statement of of the civil court under the Code of Civil accountsin such form as may be prescribed. Procedure,1908 (Central Act 5 of 1908) while trying a suit in respect of the following matters, (2) Accounts of receipts and expenditureof namely: every Panchayat shall be maintained for every financial year in such form as may be prescribed. (a) summoning and enforcing the attendance of anypersona andexamininghim on oath; requiring the discovery and production of any document; receivingevidenceon affidavits; requisitioning any public record or copy thereof, from any court of office; and such other matters as may be prescribed.

(3) the Examiner of Local Fund Accounts and (b) his nominees shall be the auditors of the (c) Panchayat. (d) (4) The auditors shall conduct a continuous audit of the accounts of the Panchayatand shall (e) after completing the audit for a year or for any (9) The auditorsshall, after giving a reasonable shorter period or for any transaction or seriesof transactions, send a report to the Panchayat opportunity to the personconcernedto explain his concerned and duplicate copies thereof to the case, disalloweveryitem ofexpenditureincurred officer authorised by the Government in this contrary to law and surcharge the same on the behalf. person incurring, or authorising the incurring of, such expenditure and may charge against any (5) The auditors shall specify in the report person responsibletherefore the amount of any (4), all cases undersub-section ofirregular,illegal deficiency,loss or unprofitable outlay occasioned or improper expenditure or of failure to recover by the negligence or misconductofthat personor moneys or other property due to the Panchayat, ofany sum which ought to have beenbut is not

voL. 19NO.4

THE KEMI"A, PANCHAYAT MI ACT

763

brought into account by that person and shall, in (13) From the decision of the district court every such casecertify the amount due from such under sub-section (l 1) an appealshall lie to the person: High Court. Provident that no surcharge under this (14) Every sum certifiedby the auditorsro be sub-sectionshall be made after a period of four due from a personunder this Act shall be paid by years from the date on which the expenditure in such person to the Secretary of the Panchayat questionwas incurred. concerned within thirty days after the date of service on him of the decision of the auditors Explanation. - It shall not be open to any person unlesswithin that time such person has made an whose negligenceor misconducthas causedor applicationto the court againstthe decision;and contributed to any such deficiency or loss, to suchsum,if not so paid, or suchsum as the court contendthat notwithstandinghis negligenceor declares to be due shall be recoverableasifit were misconduct the deficiencyor losswould not have an iureir of land revenue. occurred,but for the negligenceor misconduct of some other person. (15) An abstractof every annual report of a panchayatas certified by the auditor showing its (10) The auditors shall state in writing, the income under each head of receipt, the charges reasons for their decision in respect of every for the establishment,works undertaken,the sum disallowance, surcharge or chargeand a copy of expended on each work the balance, if any, suchdecisionshallbe served on theperson against remaining unexpended together with the audit whom it is made in the manner laid down for the report thereon shall be submitted to the officer service of summons in the Code of Civil authorisedby the government in this behalf not Procedure, 1908 (CentralAct 5 of 1908). later than fifteenth day of the secondmonth of the next financial year. (l l) Any person aggrieved by any (16) On receipt of the report referred to in disallowance,surchargeor charge may, within fourteen days after the date of service on him of sub-section (15), the Officer shall forthwith the decision of the auditor, make an application consolidate the report and submit it to the to the district court to setasidesuchdisallowance, Government. surcharge or charge and the court, after taking (17) The government shall such evidence as is necessary may confirm, modify or remit such disallowance, surchargeor chargewith such ordersiis to costsas it may think (a) cause the accounts of the Panchayat proper in the circumstances. together with the audit report thereon (16) to be receivedby it undersub-section (12) Where an applicationis madeto the court laid beforethe LegislativeAssembly;and under sub-section(ll) the auditors shall be the sole respondentsthereto and the applicant shall (b) causethe accountsof the Panchayatto be not make either the Government or any other published in such manner as may be person a party to the proceedings. prescribed.

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216. Contribution to the Expenditure by Other Local Self GovernmentInstitutions. If the expenditureincurred by the Government (b) or by any other Panchayator by any other Local Self Government Institutions in the Statefor any purpose authorised by or under this Act, is such asto benefit the inhabitantsofthe Panchayatarea, (c) tr6lmake the Panchayat may, a contribution towardssuch expenditure.l

Panchayatand includes any document or record relating to the affairs of the Panchayat. 'right to Information' means the right to haveaccess to information andincludesthe right to take certified copies or relevant extractsof a document. 'Notified document' meansany document of the Panchayat norified by the Government under sub-section (2) of section 271B.

217. Recovery ofLoans and Advances Made by 271 B. Right to Information. Government.(l) Notwithstanding anythingcontained in the Kerala Local Authorities Loans Act 1963. the Government may, by order, direct any person having custody of the funds of the Panchayatto pay to them in priority to any otherchargesagainst such fund, except charges for the service of authorised loans any loan or advance made by them to the Panchayatfor any purpose to which its funds may be applied under this Act. (l) Every person bonafide requiring any information shall have the right to get such information in accordance with the procedure prescribed.

(2) Notwithstanding anything contained in sub-section(l), the Government may, in the interest of public and local administration by notification in the Gazette,classify any document containing special categories of information as (2) The person to whom the order referred to notified documentand no personshall have any (l) is addressed in sub-section shall be bound to right to such information and the Panchayatmay reject any application to get such information. comply with such order. Chapters XX to XXV are not included here.
CHAP/TERXXVA [RIGHT To INFORMATIoN]

'''

(3)The Governmentmay,by generalorspecial order, direct the Panchayat to publish, the categories of information mentionedin suchorder for the generalinformation of the peopleliving in the area of a Panchayat. 271 C. Procedurefor Furnishing Information. (l) A person,requiring any information from a Panchayat, shall make an application to the Secretaryof that Panchayatin such form and in such manner and paying such fees as may be prescribedin that behalfand the Secreraryor the

271 A. Definitions. For the purpose ofthis chapter, (a) means any materials or information contained in a document relating to the administrative, developmentalor regulatory functions ofa 'Information'

by Act 13of 1999. "osubstituted by Ait 13of 1999. "7 Added

voL. t9 No.4

THE KEMI,A, PANCHAYAT MJ ACT

765

officer authorisedby the Panchayatshall, furnish such information to the applicant within the prescribed period unless the application is rejected or otherwise disposed of within that period. (2) If any application for information is rejected,the reason for such rejection shall be given in writing. 271 D. Penaltyfor Withholding Information. -

of thatdocument orthe documentis not available or for any other valid reason and that the information cannot, therefore, be furnished, the matter shallbe communicatedto the applicantand disposeof the applicationand no action shall lie againsthim. CHAFTERXXVB OMBT]DSMAN FORLOCAL SELFGOVERNMENT INSTITUTIONS 271 F. Definitions. -

(l) The Secretary or any officer of the (l) For the purposeof this Chapter, Panchayat responsible for furnishing any (a) 'action' means action taken by way of information under this Chapter shall be personally liable for furnishing the same within decision, recommendation,resolution or finding the period prescribed unless such information is or in execution thereof or in exercise of in respectof a notified document. administrative or legal functions in any other manner and includes wilful default in taking (2) Where such information is not furnishec action or omission and all other expressions within the time specified, the officer responsible connoting such action shall be construed for not furnishing the information shall be accordingly; punishablewith a fine ofrupees fifty for eachday of delay after the due date for furnishing the (b) 'allegation',information and the fine so collected shall be credited to the fund ofthe Panchavat. (a) in relation to a public servant means,any affirmation that such public servant,hasabusedhis position as suchfor any gain or favour to himself or to any other person or to causeundue harm or hardship to any other person; was actuated in the discharge of his functions as such public servant by personal interest or improper or corrupt motives; is guilty of conuption, favouritism, nepotism or lack of integrity; is guilty of any action as public servant which facilitates or causes to make any loss,wasteor misapplication of money or other property of the Local Self Government Institution.

(3) where the Secretary of the Panchayat or any other officerbound to furnish the information (i) fails to do so or furnishes false information in respectof its material particularswhich he knows or has reason to believe it to be false or not true. he shall be punishablewith a fine which shall not (ii) be lessthan rupeesone thousand. 271 E. ProtectionofActionTakeninGood Faith(iii) Notwithstanding anything contained in (iv) section 27 1 D the Secretaryor the officer bound to furni sh the information after m aking a thorough searchfind that the document is not traceableby reasonofthe expiry ofthe period for preservation

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(b) In relation to a Local Self Government Institution meansany affirmation that such Local Self Government Institution has defaulted or acted in excessof its powers in the dischargeof its functions imposed on it by law or in implementing the lawful orders and directions of the Government;

(0 'Ombudsman' means the ombudsman rr8 [referredto in section]271 G;

(g) 'Public Servant' means an employee, or officer under the Local Self Government Institutionor an elected memberof the Local Self Institutionincludingits President Government or Chairpersonand includes an employee or officer (c) 'Complaint' means a statement of ofany office or institution transferredto the Local allegationthat a public servantor a Local Self Self Government Institutionunderthe Provisions Government Institution is guilty of comrption or of this Act; maladministration and includes any referenceto (h) 'Secretary' means the Secretary of the anallegation in respect of which suomotoenquiry has been proposed or recommendation for Ombudsmanrre[referredto in section] 211 G; enquiry has been made by Government; (i) 'investigating officer' means an officer 'Comrption' (d) includes anything authorised by the Ombudsman to conduct publishable under Chapter X of the Indian Penal investigation in respect of an allegation or Code (Central Act 45 of 1860) or under the complaint. Prevention of Corruption Act, 1988 (Central Act t2ol27l G. Term of Office 49 1988); and Conditions of Service of Ombudsman.(e) 'Maladministration' meansaction taken or (1) There shall be an authority for Local Self purporting to have been taken in the exercise of function in anv case.administrative GovernmentInstitutions, at StateLevel known as 'Ombudsman' for making investigations and (i) Where such action, administrative enquiries, in respect of charges on any action procedure or practice governing such involving corruption or maladministration or is auction unreasonable, unjust, irregularities in the discharge of administrative oppressive, discriminatoryor nepoticand functions, in accordance with the provisions of will make illegitimate,gain or loss or will this Act by Local Self GovernmentInstitutions deny deserving benefits; or and Public Servantsworking under them and for (ii) Where there is wilful negligenceor delay the disposalof suchcomplaint in accordance with in taking such action, orthe administrative Section 271Q. procedure or method regulating such (2) The Governor shall, on the advice of the actionwill causeunduedelayand includes theactionleadingto lossorwasteormisuse Chief Minister, appointa personwho hasheld the of fund by mal-feasanceor misfeasance. post of a Judgeof the High Court as Ombudsman.

substituted bv Act 12of2ool. "8 1'' Substituted bYAct l2 of 2001. rzt'substituted by Act l2 of 2001.

voL. 19NO.4

THE KEMI-A PANCHAYAT MT ACT

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(3) A person appointedto be the Ombudsman Government of Kerala or in any corporation, shall, before he enter upon his office, make and company, society or university by or under the subscribe before the Governor or some person control of the Government of Kerala.l appointed in that behalf by him, an oath or affirmation according to the form set out below: "'f271 H. Removalof Ombudsman. (l) The Ombudsmanshall not be removed from his office, except by an order of the Governor, passedafter an address by the State LegislativeAssembly,supported by amajonty of the total membership of the House and by a majority of not less than two-thirds of the membersof the Legislative Assembly presentand voting, hasbeenpresentedto the Governor in the samesessionfor such removal, on the ground of proved misbehaviour or incapacity.

"I, A.B. having been appointed as the Ombudsman for Local Self Government Institutions under the Kerala PanchayatRaj Act, 1994, do swear in the name of God/Solemnly affirm that I will bear true faith and allegianceto the Constitution of India and I will duly anc faithfully andto thebestof my ability, knowledge and judgement perform the duties of my office without fear or favour. affection or ill-will".

(4) A person appointed as Ombudsman shall (2) The procedure for the presentationof an hold office for a term ofthree yearsfrom the date address under sub-section (l) and for the on which he enters upon his office: investigation and proof of the misbehaviour or incapacity of the Ombudsman shall be in Provided that. accordancewith the provisions of law made by (a)the Ombudsmanmay, by writingunderthis the LegislativeAssembly.l handaddressed to the Governor, resignhis office; 271 I. Staffof the Ombudsman.and (1) The Ombudsman shall have a Secretary, (b) the person appointed as Ombudsmanmay and such other officers and employees as the be removed from his office in the manner may determinein consultation Government with providedin Section271H. the Ombudsmanto assistthe Ombudsmanin the (5) The personappointedasOmbudsmanshall exercise of its powers and discharge of its be entitled for salary and allowances as are functions under this Act. admissibleto a Judgeof the High Court of Kerala. (6) On expiry of his term of office as Ombudsman, he shall not be eligible for reappointment as Ombudsman or for further appointment to any office of profit under the (2) The appointmentand conditions of service ofthe Secretary and the employees shall be such asmay be specifiedby the Governmentand as far as possible appointment on deputation from GovernmentDepartment shall be resortedto.

r2rSubstituted by Act l2 of200l.

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(3) The Ombudsman may require the (c) Where the inegularity involves loss or assistanceof any Officer of any Government waste or misuse of the fund of the Local Self Department in order to ascertainthe veracity of Government Institution, realise such loss from an allegation under investigation and suchofficer those who are responsible for such irregularity, shall be bound to render such assistance in and addition and without detriment. to his official duties. (d) Where the irregularity is due to omission or inaction causeto supply the omission and to rectify the mistake.

(4) The Ombudsman may utilise the services ofany personhaving experience and expertise in (2) In addition to the functions enumeratedin any particular subject in deciding the questions sub-section (l), the Ombudsman may pass beforeit. interim order restraining the Local Self Government Institution from doing anything 271 J. Functions of the Ombudsman.detrimental to the interestof the complainant if it is satisfiedthat much loss or injury will be caused (1) The Ombudsman shall perform all or any to the complainant due to the alleged act. of the following functions,namely:(3) The Ombudsman may by order, impose (i) Investigateinto any allegation containedin penalty in addition to compensation if it is of a complaint or on a referencefrom Government, opinion that the irregularity involves corrupt or that has come to the notice of the Ombudsman: practice for personal gain. (ii) Enquire into any complaint in which 271 K. Powers of the Ombudsman.corruption or maladministration of a public (1) The Ombudsmanshall, for the purpose of servantor a Local Self GovernmentInstitutionis any investigation or enquiry under this Act, have alleged; the same powers as are vested in a Civil Court (iii) Pass an order on the allegation in the while trying a suit under the Code of Civil Procedure, 1908 (Central Act V of 1908) in following manner,namely: respectof the following matters,namely: (a) Where the inegularity involves a criminal (a) summoning and enforcing the attendance offence committed by a public servant,the matter of any witnessand examininghim; shall be referred to the appropriate authority for investigation. (b) requiring the discovery and production of any document; (b) Where the irregularity causes loss or inconvenience to a citizen, direct the Local Self (c) receivingevidenceon affidavits; Institution give Government to him compensationand to reimburse the loss from the (d) requisitioning any public records, or copy personresponsible for the inegularity; thereof from any Court or Office;

voL. I9 NO.4

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(e) issuing commissions for the examination provisions of this Act, enquireinto any complaint of witness; filed before it under this Act. (f) such other powers as are prescribed; (2) Where the Ombudsman finds that the allegationcontainedin a complaint is without any substance or trivial in natureit may by order direct the complainantto pay to the oppositeparty so much of the amount specified in the order by way of cost. (3) Where the allegation contained in a complaint is about the loss or waste or misapplication of the fund of the Local Self GovernmentInstitution or in respectof the loss or misconvenience caused to a citizen, the Ombudsman may, during enquiry, collect evidence,determinethe loss anddirect in its order the amount to be realised from the person responsible. (2) Notwithstanding anything containedin this Act the Government may refer any allegation of comrption or maladministration against a Local Self Government Institution or a public servant which is within its knowledge or brought to its notice, to the Ombudsman and the Ombudsman shall enquire into it as if it was a complaint filed underthis Act. (3) The Ombudsman may, on receipt of a complaint, conduct an investigation in the matter and wherethereis prima facie caseit may conduct a detailed enquiry. (4) The Ombudsman shall not enquire into matters relating to, any matter in respectof which a formal and public enquiry has been ordered by Government: any matter in respectof which a remedy is available from the Tribunal for Local Self GovernmentInstitutions constitutedunder Section 271 S; (c) The Government may, at the request of the Ombudsman make available the services of officers and employee of the Government including police personnel to assist the (d) Ombudsmanin the conductof investigationand enquiry and in respect of such functions such Officer or employee shall be deemed to be the officer or ernployee of the Ombudsman. 271 M. Investigation. (l) The Ombudsman may, according to the any matter in respectof which an enquiry hasbeenorderedunderthe Commission of Inquiries Acq 1952 (Central Act 60 of 1952)or any matter pending beforeacourt; any complaint filed after the expiry of three years from the date on which the matter complain against have taken place: Provided that the Ombudsman may entertain such complaint if the complainantsatisfiesthat he had sufficient reasonfor not filing the complaint within the specified period.

(4) If the amount paid as per the order passed (a) by the Ombudsman under sub-section (2) or sub-section(3) is not paid within the perioc specified by it, the same shall be recoverableby (b) Revenue Recovery Proceedingsas if it were an arrears of land revenue. 271 L. Service of GovernmentDepartrnents.-

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271 N. Enquiry. (1) After an investigationif the Ombudsman is satisfiedthat, -

271 O. Existing Cases to be Transferred to Ombudsman.-

(1) Notwithstanding anythingcontained in the KeralaLok-Ayukta Act, 1999(8 of 1999)or any (a) the complaint is frivolous or vexatiousor other law, if any proceedings, filed and not disposed of under the said Act, before the is not made in good faith; or (b) ground there is no sufficient to initiate constitution of Ombudsmanas per the provisions ofthis chapter, relateto a public servantor Local proceedings; or Self Government Institutionasper the provisions (c) other remedies are available to the complainant and it would be more of this Act, all cases with regard to such beneficial for the complainant to avail of proceedings shall be transferred to the suchremedies in view of thecircumstances Ombudsman and the Ombudsman shall decide in accordance with theprovisionsof this of the case, it may dispose of thecomplaint thecases Act. as rejected after recording its findings stating the reason therefore, and (2) All cases,with regard to the loss, wastage communicatethe sameto the complainant. andmisappropriationof any land of the Local Self Government Institution, pending before the (2) Il the Ombudsmanis of opinion that there Government or any other authority and disposed is a prima-facie case against the person or the ofjust beforethe constitution of Ombudsmanand Local Self Government Institutioncomplained of the Ombudsman shall dispose of the cases in it shall record its findings to this effect and send accordancewith the provisions of this Act. notices of the proposed enquiry to the complainant and to the opposite party. (3) No complaint, against a public servant as defined in this chapter, shall be entertainedby a (3) The Ombudsman shall, subject to the Lok-Ayukta or Upalok-Ayukta constitutedasper provisions of this Act and the rules made there the KeralaLok-Ayukta Act, 1999(8 of 1999)on under, have power to regulate its proceduresby orafter thedateofthe constitution of Ombudsman fixing the time and place of sitting. as per the provisions of this chapter, '2211+; xxxxl 15; (6) In any proceedings before the Ombudsman, no legal practitioner will be permitted to represent any person, unless the Ombudsmanpermits, by an order, a person to be representedby a legal practitioner for reasonsto be recorded. 271 P. Initiation of Prosecution. (l) Il after an investigation or inquiry, the Ombudsmanfinds that there is a prima-facie case against the accused involving a criminal offence, the Ombudsmanmay refer the complaint and the findings to a competent authority with recommendationto initiate prosecution.

'22 Omitted by Act l2 of 2001.

voL.19NO.4

THE KERAI"APANCHAYAT RAJACT

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(2) The authority responsible, for initiating the Government it shall lay it before the suchprosecutionshall conduct a detailed enquiry Legislative Assembly with an explanatory memorandum. ifnecessaryand chargea case. 27I Q. Disposat of Complaints. 271 R. Proceduresto be Prescribed. -

The Governmentmay make rules in respectof ( I ) The Ombudsmanmay consideranddispose the following matters,namely:of complaints other than thoseinvolving criminal offences,in the following manner, The conditions of service of r23 lthe person of the Ombudsman and Ombudsman'sl staff: (ii) The mannerof filing complaintsbefore the Ombudsman and the manner or filling caseseither suo moto or on reference by StateGovernment (iii) The manner and procedure of conducting investigation; (iv) Procedure for moving the appropriate authority for the initiation of prosecution; (v) Procedure to be followed during the inquiry, which as far as possible be summaryproceedings; (vi) The manner of implementing the order of the Ombudsmanand further proceedings; (vii) The form for filing complaints ro Ombudsman; (viii) Any other matter which the Governmenr may deem necessaryto prescribe. (i)

(i)
(ii)

awardof compensation, to a citizenin case of loss or grievance; Order the recovery of loss caused to the Local Self Government Institution from the personresponsible;

(iii) (iv)

Order

the

supply

of

omission

or

rectificationofdefects due to inaction; Order the recovery ofloss from the accused failing which, order realisation through RevenueRecovery Proceedings; (v) Order other necessaryremedial measures considering the facts and circumstances of the case. (2) Where the Ombudsman finds that the procedure or practice Local regarding Self the administration of Government

Institutiongives room for complaint,it may give suggestionsto the Government or Local Self

CIIAPTERXXVC FORLOCALSELFGOVERNMENT TRIBUNAL INSTITUTIONS

Government Institutions relating to the measures 271 S. Constitution of Tibunal for lncal Self GovernmentInstitutions. for avoiding the recurrenceof such complaint. ( I ) The Governmentshall constitutea Tribunal (3) The Ombudsman shall give annually a for every district or for more than one district, to detailed report regarding the performance of its consider and dispose of the appeal of revision functions under this Act to the Government and filed against the decisions of the Local Self

r2rSubstituted by Act 12of 2001.

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GovernmentInstitutions under section276 of this 271T. Rendertngof OpiniononMatters Referred Act and Section 509 of the Kerala Municipality to by the Government.\ct,1994. The Tribunal shall, on a reference from the (2) A Tribunal shall consist of one judicial Government with regard to the legality or officer having the rank of a District Judge, sustainability of any decision of the Local Self appointed by the Government in consultation GovernmentInstitution, render its opinion to the with the Chief Justiceof the High Court of Kerala Governmentthereon after giving the Presidentor theLocal Self Government Institutionconcerned, and by notification in the Gazette. an opportunityofbeing heard,ifnecessary. (3) A Tribunal shall have the samepowers as are vestedin a Civil Court under the code of Civil 27t U. Mqfters to be Prescibed. Procedure,1908 (Central Act V of 1908) when The Governmentmay prescribethe following trying a suit in respect of the following matters, matters,namely: namely(a) the conditions of service of the Tribunals; (b) The manner of filing appeal petition or (a) Summoning and enforcing the attendance revisionpetition; of any person and examining him on oath; (c) The procedure to be followed in hearing the appealpetition or revision petition. (b) Demandingthe discoveryand production (d) The effectsofthe order ofthe Tribunals ; of any document or other material object (e) Any other matter which the Government producibleas evidence; may considernecessary to prescribe. (c) Receiving evidence on affidavits; CHAPTERXXVI SUPPLEMENTAL PROVISIONS

(d) Requisitioningany public documentor a 272. Public Roads,Markets, Wells, Tanks,etc. to copy there of from any court or office; be Open to All. Appointing commissions for the All roads,markets,wells, tanks,reservoirsand examination of witnesses or in respect of waterways, vested in or maintained by a documents. Panchayat shall be opento the use and enjoyment ofall persons, irrespective oftheir casteor creed (4) Any proceeding before the Tribunal shall or any other considerations. be deemedto be a judicial proceeding within the meaning of section 193 and section 228 of the '2n1272 A. Citizen Chaner to be published. (Central Indian PenalCode Act 45 of 1860). (1) Every Panchayat shall, in the manner (5) The Tribunal shall be assistedby the prescribed, formulate citizens charter regarding officers and staff as the Government mav decide. the different categoriesofservices renderedto the (e)

r24 Added by Act 13 of 1999.

't-

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citizen by the panchayat,the conditions for such substance as may be necessaryor proper for the service and also the time limit for such service purpose of adapting them to the Panchayatarea and publish it in the name 'citizenscharter'. or any specifiedplace therein. (2) \\e citizens charter shall be renewed and updatedperiodically at least once in a year.l 273. Power to Farm Out Fees. (l) Panchayatshall have power to farm out the collection of any fees due to it under this Act or any rules or byelaw made there under for any period not exceedingthree yearsat a time on such conditionsas it thinks fit. t2512; All amountsincluding the tax, cessfee and surcharge collected by the panchayat and other amounts accountedto the panchayatfund asper the provisions of this Act or the rules made there under shall be rounded to a rupee. 275.Delegation of powers etc., (l) The Government may, by notification in the Gazette, authorise a superior officer to exercise in any Panchayat areain regard to any Panchayat or any class of Panchayats or all panchayatsany ofthe powers vested in them by this Act exceptthe power to make rules, and may in like manner withdraw such authorisation. (2) The government may, by notification authoriseany officer to exercisein any panchayat in each district or any class of Panchayatsor all Panchayatsany power vested by this Act or the rules made thereunder and may in like manner withdraw suchauthorisation.

(3) The exercise Explanation. - For this purposethe fraction of a ofany powerdelegated under (1) or sub-section rupeeshall be rounded or to the next higher rupee. sub-section (2) shallbe subject to such restrictions and conditions as may be 274. Extension of Provisions of the Municipal prescribed or as may be specified in the Laws or of the Rules Thereunder. notification. The Government shall also have power to control and revise the acts or (l) The Government may, whether at the proceedingsof any person so empowered. request of the Panchayat or otherwise, by notification in the Gazette,declarethat any of the t2u 1276.Appeal and Revision. provisionsof the law relatingto Municipalitiesin the statein force for the time being or of any rules (l) An appealshalllie to the panchayat againsr made there under, shall be extendedto, and be in the notice issued or order passedor action taken force, in a Panchayatarea or any specified place by the president or secretary in exercise of the therein. powersconferred aspertheprovisionsofthis Act, rules, bye-laws or regulationsmade thereunder (2) The provisions so notified shall be exceptsections235 1,235 J, 235 N, 235 W and construed with such alterations not affectins the 235X:

'tt Ibrd. tto by Act l3 of 1999. Substituted

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Provided that an appeal or matters connected (a) with tax shall be filed before the standing committee for finance of the village panchayat. (b) (2) If an application is submitted during the pendencyof an appealfiled undersubsection (l) the presidentmay, by order, stay the operationof the notice, order or other action appealedagainst. Everycasein which an orderhas beenpassed shall be reported by the president to the panchayatat its next ordinary meeting with the reasons for making such an order and the panchayat shall either confirm such order with or without modification or revoke it, failing which it shall stand cancelled.

Assessment, demand and Collection of taxesor feesor cess; Grant of permission and licences for trades, factories, markets and other establishments

(6) An appealor revision shall be filed within thirty days from the date of notice or order or action taken and such appeal or revision, as the case may be,shallbe disposed of within sixty days fromthe dateof receiptof suchappeal orrevision. (7) No appealorrevision shall be filed against the assessment of tax unlessthe tax demandedin the demand notice has been paid.

(3) An appealfiled undersub-section (1) shall (8) Notwithstanding anything containedin the be disposedof by the Panchayator the standing section,all appealsand revisions filed before any committeein themanner asit mav deemfitwithin authority and not disposedof, before the date on sixty days of its receipt. which the Tribunal came into force, shall be handedover by such Authority to the Tribunal.l (4) An appealon the notice, order or action of the Secretaryunder section235 I,235 J, 235 N, 277. Construction ofReference to Panchayat and 235W and235X shall be filed beforethe Tribunal District Council, Constituted for Local Self Government Institutionsundersection271 S, andit may on an (l) Any referenceto a Panchayatcontainedin application by an order, stay the operation ofthe a law, rule, by law, regulation, t27 saidnotice, order or action takenpendingdisposal [notification] scheme,from or order, in of the appeal. force in the Stateat the commencementof this Act shall be deemedto be a reference (5) An appeal on any notice issued, order to a Village Panchayatas constitutedor passed, or action taken by the panchayat or a reconstitutedunder this Act. revision on a decisiontaken by the panchayat or standingcommittee on ahy appealshall lie to the (2) Any reference to a district council Tribunal Constituted under Section 271 S, constituted under the Kerala District provided that such appeal or revision shall be Administration Act, 1979 ('7 of 1980) confined only to the following subjects and contained in any law, rule, bye-law, r28 relating to other subjectsas may be prescribedfor regulation, [notification] scheme,form, the purpose,namely: order, memorandum and articles of

Act 7orree5 i1l[5td bY

voL. 19 No.4

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may beprescribed, toregulatethe useof any other poramboke which is at the disposal of Government if the Village Panchayat is authorised in that behalf bv an order of 278.Referenceto Presidentsin Other Enacttnents Government. and in Notifications, etc. Issued Thereunder.(4) The village Panchayatmay subjectto such (l) Any reference to the President of a restrictions and control as may be prescribed, Panchayat contained in any enactment in force in plant treeson any porambokethe use of which is (l). by it undersubsection the State or in any notification, order, scheme, regulated rule, form or byelaw made under any such enactment and in force in the State shall where 280. Power to RemoveDfficulties. such referencerelates to the executive functions (l) Ifany difficulty arisesin first giving effect ofthe Presidentbe construedas a referenceto the to the provisions of this Act or as to the first secretaryof the Village Panchayat. constitution of any Panchayat after the (2) If any question arises as to whether any corrmencement of this Act, the Government, as such referencerelates to the executive functions occasionmay require, may, by order do anything which appearsto them necessary for the purpose of the President or not, the decision of, the of removingthe difficulties: Government shall be final. 279. Village Panchayat to Regulate the Use of Contain Porambokes.( 1)Village Panchayatshall havepowersubject to such restrictions and control as may be prescribedto regulatethe use of the land setapart Providedthat no order shall be madeunderthis section after the expiry of one year from the date of the first constitution of the Panchayatsin the State.

associationof any society, in force in the State at the time of commencementof this Act shall be deemedto be a referenceto a district panchayat as constituted or reconstitutedunder this Act.

(3) The village Panchayat shall also have power, subject to such restrictions and control as

(2) Every order made under this section shall be laid before the LegislativeAssembly, within for the common use of the community such as fourteen days after it is made, if the Assembly is grazinggrounds,burning and burial grounds and in session or if the Assembly is not in session it cart stands, which are'at the disposal of the shall be laid at its next session. Government. 281. Offencesby Companies.(2) The Government or any officer authorised by them after consulting the village panchayat ( 1) If the personcommitting any offence under may, by notification, exclude from the operation this Act is a company,the company as well as of this Act any poramboke referred to in every person in charge of and responsibleto the sub-section(l) and may also modify or cancel companyforthe conductof its business at the time suchnotification. of the commission of the offence and shall be

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deemed to be guilty of the offence and shall be Panchayats or betweena village Panchayatand a liable to be proceeded against and punishec district Panchayat or betweena district Panchayat accordingly: and one or more block Panchayats or among two Provided that nothing contained in this sub-sectionshall render any such personliable to any punishment,if he proves that the offence was committed without his knowledge or that he exercised all the diligence to prevent the commissionof such offence. (2) Notwithstanding anything contained in sub-section( 1) Where any offence underthis Act, has been committed by a company, and it is proved that the offence has been committed with the consent or connivance of or that the commission of the offence is attributable to any neglect on the part of any director, manager, secretaryor other officer of the company, such director, manager,secretaryor other officer shall be deemedto be guilty of that offence and shall be liable to be proceededagainstand punished accordingly. Explanation. - For the purpose of this section, (a) 'company' meansany body or more block Panchayatand or urmongtwo or more district Panchayatsin regard to any matter arising under the provisions of this or any other law and the Panchayatsinvolved in the dispute are according to their own admission unable to settle amicably any officer of the Government authorisedby the Government in this behalf by generalor special order, may take such action as is necessaryto settle the dispute by himself or if it cannot be so settled,refer it with a report to the Governmentfor decision. (2) Any decision of the Government under shall be binding on each Panchayat involved in the dispute and shall not be liable to be questionedin any court of law. 283.Power of Government to Alter Schedules. ** (1) The Government may by notificationr2e sub-section (l)

(b)

and to any of the entries in the Schedulesto this 't'12; Any schedulein this Act or any co-operateand Ac1r3o** includes a firm or other association of entry to such schedule shall not be omitted individuals or a society, or a co-operative otherwisethan in exerciseof the power conferred society. by a law made by the legislature of the State.) 'director' in relation to firm meanspartner in the firm. 284. Repeal and Savings.t, Disputes between (l) In this sectionunlessthe contextotherwise requires 'appointment day' means the date of

282. Adjudication Panchayats.-

( I ) Where a disputeexists among two or more village Panchayats or between a village (a) panchayat and one or more than one block

coming into force of this Act;

7of lee6lilfln*"a bvAct

r3rInsertedby Act 7 of 1996.

voL. 19NO.4

THE KERAI.A, PANCHAYAT MJ ACT

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(b)

(c)

(d)

(d) all sums due to an existing Panchayat, whether on account of any tax, cess, fee, surchargeor otherwise, shall be recoverable by the successor Panchayat, and for the purposes of such recovery the successor Panchayatshall be (2) With effect on and from the appointedday competentto take any measureor institute any theKeralaPanchayats Act, 1960(32 of 1960),the proceedingswhich it would have beenopen to an Kerala District Administration Act, 1979 (7 of existing panchayat, or any authority thereof to 1980) and also the provisions relating to take or institute before the appointed day; Panchayats contained in the Kerala Local Authorities (Constitution and Preparation of (e) the unexpendedbalance in the Panchayat ElectoralRolls) Act, 1994(4 of 1994)shall stand Fund constituted under the Kerala Panchayats repealed and the following consequencesshall Act, 1960 and all sums due to an existing ensue, that is to say,panchayat or the unexpended balance in the (a) all property, movable and immovable, and district council fund constitutedunder the Kerala all interestsof whatsoeverkind therein, which District Administration Act, 1979 and all sums vestedin anexisting Panchayator, asthe casemay due to a district council, shall form part of, and be,vestedin adistrictcouncilimmediatelybefore be paid into the respectivevillage panchayatfund the appointed day, shall be deemed to be constitutedunder this Act or, as the casemay be, transferred to and shall vest in the successor paid to the Government; Panchayat or as the case may be, in the (0 all the contracts made with; and all Governmentsubjectto all limitations,conditions and rights or interests of any person, body or instruments executed by or on behalf of an authority in force of subsisting immediately existing panchayat or on behalf of a district before the appointed day; council shall be deemedto have been made with

existing panchayat' meansa Panchayat constituted or deemed to have been constituted under the Kerala Panchayat Act, 1960 (32 of 1960) and existing immediately before the appointedday, and where any such panchayatshas been first constitutedor reconstitutedor dissolved includes the special officer or administrative committee and its President appointed to exercise the powers or to perform the functions of such Panchayats; 'district council' meansa district council constituted under section 3 of the Kerala District Administration Act, 1979 (7 of 1980) and existing immediately before the appointedday; 'The panchayat' meansa village successor Panchayatconstituted under this Act, for such village as corresponds to the respective local area of the existing panchayat.

'an

(b) all rights,liabilitiesand obligations of an Panchayat existing or asthecasemay be,a district

council shall be deemed to be the rights, or liabilities and oblieations of the success Panchayat or as the case may be, of the Government: (c) any function, scheme project or plan or work transferredto, an existing Panchayat,or to, a district council under the Kerala PanchayatAct, 1960 or as the case may be under the Kerala District Administration Act, 1979 or under any other law or order shall be deemedto have been transferredto the successorpanchayat or as the casemay be to the Government under this Act;

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JOURNALOF INDIAN SCHOOLOF POLITICAL ECONOMY

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or executed by or on behalf of the successor C) all budget estimates; assessments, Panchayat oras the casemay be, on behalfofthe assessment list, valuation or measurements made Government, and shall have effect accordingly; or authenticated by or in respectof an existing panchayatunderthe Kerala Panchayats Act, I 960 (g) all proceedingsand matterspending before andinforce immediately before the appointedday the existing Panchayat or any authority of an shall, in so far as they are not inconsistent with of this Act, be deemed to havebeen existing panchayatsunder the Kerala Panchayats theprovisions Act, 1960 or pending before the district council made or authenticated bv the successor or any authorities of a district council under the Panchayat. Kerala District Administration Act, 1979 immediately before the appointed day, shall be deemedto have been instituted and to be pending before the successorPanchayator such authority asthe successor Panchayats may direct asthe case may be, before the Government or such authority as the Government may direct; (h) in all suits and legal proceedingspending on the appointed day in or to which an existing Panchayatsor the district council is a party the Panchayator, as the casemay be the successor Government shall be deemed to be substituted therefore; (i) any appointment, notification, notice, tax, fee, order, scheme, licence, permission, rule, bye-law, regulation or form made, issued, imposed or granted in respect of the Panchayat area of existing Panchayat under the Kerala PanchayatsAct, 1960 and in force immediately before the appointed day shall, in so far as it is not inconsistent with thi: provisions of this Act continue to be in forceasif made;issued, imposed or granted in respect of the corresponding Panchayats areaof a successor panchayatunder this Act until supersededor modified by any appointment, notification, notice, tax, fee, order, scheme, licence, permission, rule, bye-law, (k) all officers and employees in the employment of an existing Panchayat immediately before the appointed day, shall, subjectto the provisions of this Act be deemedto be transferred to service of the successor Panchayats; 0) all officers and employees in the employment of a district council immediately before the appointed day shall be transferred to the concerneddepartmentof the Government by general orspecialorderissued by theGovernment in this behalf: (m) any reference to a district council or secretary to district council contained in any enactments mentioned in section 102 of the Kerala District Administration Act, 1979 and in force on the appointedday shall be deemedto be a reference to a District Panchayat constituted underthis Act or, asthe casemay be the executive officer of the District Panchavat:and

(n) any thing done or any action taken under the Kerala Local Authorities (Constitution and Preparation of Electoral Roles) Act, 1994 (4 of 1994) in respectof a Panchayatshall be deemed to have been done or taken under the correspondingprovisions of this Act as if this act regulation or form made, issued imposed, or had commenced on and from the lst day of grantedunder this Act; November,1993.

E!:ryEE::

voL. 19No.4

THE KERAI.APANCHAYAT MJ ACT

779

(o) with regard to the Village Panchayat constituted under the Kerala Local Authorities (Constitutionand Preparation of ElectoralRoles) Act, 1994 for a village or villages which include the territories of an existing panchayat, the
I,

SECOND SCIIEDTJLE [SeeSection152(l) and f53 (f3)] Forrn of Oath or Affirmation having been elected

the Special Officer or Administrative Committee or member/President/Vice President of .. village/block/district panchayat, its President shall be deemed to have been do swearinthe nameof God/solemnlyaffirm, rhat appointedunder this Act and suchSpecialOfficer I will bear true faith and allegiance to the or Administrative Committee shall continue in Constitution of India as by law established,and office until the expiry of their existing term or t32 [uphold the sovereigntyand integrity oflndiag until the elected members of such Village that I will duly and faithfully and to the best of Panchayats assume office under this Act. my ability, knowledgeandjudgement perform the whichever is earlier. duties of my office without fear or favour or affection or illwill. 285. Transitional Provisions. I$THTRDSCITEDLILE Notwithstanding anything contained in any law for the time being in force except the Constitution (Seventy third Amendment) Act,
[See Sub-section (l) of section 166] Functions of Village Panchayats

A. Mandatorv Functions. 1992 the term of office of the members of a Panchayat constituted or deemed to have been l . Regulating building construction. constituted under the Kerala Panchayats Act, 2. Protection of public lands against 1960(32 of 1960)which expired on the 9th day encroachment of August, 1993 shall be deemedto have been

3 . Maintenance of traditional drinkine water

extendeduntil a correspondingVillage Panchayat is duly constitutedunder this Act for the first time 4. [within one year from the commencementof the 5. constitution (Seventy third Amendment) Act, 19921 and accordingly anything done or any 6.

sources. Preservation ofponds andotherwatertanks Maintenance of waterways andcanals under the control of Village Panchayats, Collection and disposalof solid wasteand regulationof liquid wastedisposal. action taken by the Government or said 7. Storm water drainage. Panchayats or any person or authority in the 8. Maintenanceof environmental hygiene. purported exercise of the powers and functions 9. Management of public markets. conferredby or under the Kerala Panchayats Act, 10. Vector Control 1906 shall not be deemedto be invalid or ever to 1 1 . Regulation of slaughtering of animals and havebeen invalid merely, on the groundsthat the saleof meat,fish andothereasilyperishable term of office of the members of the Panchayats food stuffs. etc. aforesaid had expired on said date. 12. Control of eating places.

t" substituted bv Act 13of 1999. r33 Ibid.

780

JOURNALOF INDIAN SCNOOLOF POLITICAL ECONOMY

ocT-DEC 2007

13. Preventionoffoodadulteration. 10. Mobilisation of local resourcesin cash or 14. Protection of roads and other public in kind including free surrenderofland for properties. purposes. developmental 15. Streetlighting and its maintenance. I l. Campaign on legal awareness among 16. Adopt immunisationprogrzrmmes. weakersections. 17. Effective implementation of National and lZ. Campaign againsteconomic offences. State level strategiesand programmesfor 13. Organising neighbourhood groups and prevention and control of diseases. self-help groups focusing on the poor. 18. Establishment and maintenance of burial A. Awareness buildins on civic duties. and burning grounds. 19. IssueoflicensestodangerousandoffensiveC. Sector-wiseFunctions. trades. 20. Registration of births and deaths. I. Agriculture 21. Providing bathing and washingghats. 22. Provision for ferries. l Cultivate wastelandsand marginal lands. 23. Provision for parking spacesfor vehicles. 2. Ensure optimum utilisation of land. 24. Construction of waitins sheds for 3 . Soil protection. travellers. 4. Production of organic manure. 25. Provision for toilet facilities and bathing ). Establishment of nurseries. ghatsat public places. 6. Encouragethe systemco-operativeground 26. Regulatethe conductoffairs and festivals. farming. 2'7. Issue licence to domestic dogs and to 7. Organiseself help groups among farmers. destroy stray dogs. 8 . Encourage horticulture and vegetable cultivation. B. General Functions 9. Fodder development. Plant production' L collection and updating - of essential 10' I l. Seedprotection. statistics. 12' Farm mechanisation' organisevoluntaryworkersandmakethem 13' Management of Krishi Bhavans. participatein collectiveactivities.

3. 4.

6. 7.

8. 9.

Organise campaignsfor thrift. Awareness building against socialevilslike drinking, consumption of narcotics, dowry, abuseof women and children Ensuing maximum peoplesparticipation at all stages of development. Organise relief activities during natural calamities. Inculcating environmental awarenessand motivating local action for environmental upgradation. Promotionof co-operative sector. Enhancingcommunalharmony.

IL AnimalHusbandry and Diaryfarming l. ) 3.

Cattle Development Programmes Diary farming Poultry farming, bee keeping, piggery development, goat rearing, rabbit rearing, etc. Running of veterinary hospitals Runningof ICDP sub-centres. Preventive Health Programmes for animals. Preventionof cruelty to animals.

4. 5. 6. 7.

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THE KEMIA PANCHAYATRAJACT

781

Implementation of fertility improvement VIL Housing programmes. 9. Control of diseases of animal orisin. 1. Identification of the homeless people and the poramboke dwellers and provide them IIL Minor lrrigation with landsfor houseconstructionand with 8. l. Maintenance and implementation of all minor irrigation projects within the areaof a village panchayat. Implementation and maintenance of all micro irrigation projects. Put into practice water conservation.

2. 3.

houses. Implementation of rural housing programmes, Implementationof shelter upgradation programmes.

VIIL Water Supply

IV. Fishing l. Management of water supply schemes Development of fisheries in ponds, 2. within a village panchayat. pisci-culture in fresh water and brackish Setting up of water supply schemeswithin water and mari-culture. a village panchayat. 2. Improvement of fish seed production and distributionof offsprings. IX. Electrtcity and Energy 3. Distribution of fishing implements. 4. Provide assistance for fish marketing. l. Installation and malntenance of Provide minimum basic facilities for 5. 2. streetlights. fishermen families. Encourage the consumptionof bio-gas. 6. Implementation of fishermen Welfare Schemes. X. Education V. Social Forestry 1. L l. 2. Growing treesfor cattle feed, fire wood and growing of fruit trees. Organise campaigns for planting of trees and to build environmental awareness. Afforestation of waste land Management of Government Pre-primary Schoolsand Primary Schools. Implementation of literacy programmes. Management and promotion of reading rooms and libraries.

2. 3.

J.

XL Public Works l.
Consfuction and maintenance of village roadswithin a village panchayat. Constructionof buildings for institutions including those transferred from the government.

VI. Small Scale Industries

l. 2. 3.

homotion of cottage-village industries. Promotion of handicrafts. Promotion of traditional and mini industries.

782

JOURNALOF INDIAN SCHOOLOF POLITICAL ECONOMY

OCT-DEC 2OO7

XIL Public Health and Sanitation l. Running of dispensaries,Primary Health Centres and Sub-centres(with all systems of medicines.) Management of maternity and Child Welfare Centres. Carry out immunisation and other preventive measures. Implementation of family welfare programme. Implementation of sanitationprogrammes.

3.
4. 5.

2. 3. 4. 5.

Anange basic facilities in Scheduled Caste-Scheduled Tribe Colonies. Provide assistance to Scheduled Caste-Scheduled Tribe Students. Provide discretionary assistance to scheduled Caste-Scheduled Tribe when necessary,

XVL Sports and CuburalAffairs

l. Construction of playgrounds. Establishmentof Cultural Centres,

2.

XIII. Social Welfure XVIL PUbIic Distribution System l. 2. Running of Anganwadis Sanctioning and distribution of pension to l . destitutes, widows, handicapped and agricultural labourers. Sanctioning and distribution of unemploymentwages. Sanctioning of financial assistance for the marriage of the daughtersof widows. Implementation of Group Insurance Schemefor the poor. Examining the complaints against the PublicDistributionSystem andfind out and implementremedialmeasures. Organise campaigns against offences relating to weights and measures. General supervision and guidance of Ration Shops,Maveli Stores,Neethi Stores and other public distribution systemsand start new public distribution centres, if necessarv. Natural Calamities Relief Protection of Relief Centres. Conductworks relating to natural calamity. The work to compensatedamagescaused to the assets should be done bv the panchayats. respective

3. 4. 5.

XIV. Poverty Alleviation l. 2. WIII. ldentifying the poor. Implementation of self employment and L Group Employment Schemesfor the poor 2. especiallyfor women. Providing community assets of continuing benefits to the pooi. Caste-Scheduled Tribe XIX. Co-operation OrganiseCo-operative societieswithin the boundariesof village panchayat. Strengthen [the existing co-operative institutionsl.

3.

XV. Scheduled Development l 2.

Implementation of beneficiary oriented l . schemes under S.C.P.,T.S.P. Running of nursery schools for Scheduled 2. Caste-Scheduled Tribes.

voL.19NO.4

THE KEMI.A PANCHAYATRAT ACT

783

IS[FoURTH SCHEDULE (l) of section172] [SeeSub-section Functionsof Block Panchavats

III. Minor Irrigation Implementation and maintenance of all Lift IrrigationSchemes andMinor Inigation Schemes coveringmore than one village panchayats.

(A) GeneralFunctions
l. 2. 3.

IV. Fisheries Utilise Governmental-non-Govemmental technicalexpertiseat block level. Provide technical assistanceto Village Panchayats. Prepareschemestaking into consideration the schemesof village panchayatsin order to avoid duplication and to provide backward. forward linkase. V. Small Scale Industries. Development of traditional landing centres.

l. 2. 3.

Establishmentof mini industrial estates. Promotion of industries with investment limit of one third of S.S.I. Formulation of self employment schemes in Industrialsector.

(B) Sectorwise Functions VL Housing I. Agriculture L 2. 3. 4. 5. 6. Farmers training programmes for the implementation at the villagelevel. Arrange agriculturalinputs requiredfor schemes at the villagelevel. Conductofagriculturalexhibitions. Management of watersheds falling within the Block Panchayat area. Mobiliseagricultural loans. Encouragement of sericulture.
l. Popularisation of low cost housing. Promotion of housing co-operative societies.

2.

VII. Electricity and Energy Development of conventional energy sources. VIII. Education Managementof Government Industrial Training Institutions. N. Public Works Maintenance of Village roads connecting more than onevillage panchayat within the Block Panchayatand other roads vestedin block panchayat. Construction of buildings for institutions transferredfrom Government.

IL AnimalHusbandry aid natry Farming l. 2. 3.

Running of veterinarypolyclinicsand l. zonalartificial insemination centres. Provide speciality services in animal husbandry. 2. Conducting of cattleandpoultryshows.

rrnSubstituted by Act l3 of 1999.

irc,

:-1

784

JOURNALOF INDIAN SCHOOLOF POUTICAL ECONOMY

ocT-DEC 2007

X Public Health and Sanitation

2.

Running of community health centresand Taluk Hospitals with all systemsof medicine within the 3. Block Panchayat. XI Sociat Welfare Management of I.C.D.S. XI I Poverty Alleviation l.

hovide technical assistance to Block Panchayats, Village Panchayats and Municipalities. Prepareschemesafter taking into account the schemes of the Village Panchayat and the Block Panchayatto avoid duplication and to provide forward-backward linkage.

(A) Sectorwise Functions L Agrtculture Running of agriculture farms other than regional farms and researchcentres. Integrated water-shed management in water shedscovering more than one block panchayatarea. Provide for agricultural inputs. Soil testing Pestcontrol Marketing of agricultural products Cultivation of ornamentalplants. Promotion of agricultural co-operatives Promotion of commercial crops. Application of bio-technology. Popularisationofinnovative field trials and pilot projects. Conductof locally appropriateresearch and development.

Planning and implementation of l. employment assurance schemes in co-ordinationwith the Village Panchayat. 2. 2. Skill upgradation of poor for self employment and giving wage employment for peoplebelow poverty line. 3. 4. ilil. Scheduled Caste/Scheduled Tribe 5. Development 6. 7. Management of pre-metric hostels. l. 8. PromotionofCo-operativeSocietiesmeans 2. 9. for ScheduledCaste/Scheduled Tribes. 10.

11.
XIV. Co-operation

12.
1. 2.

Organising co-operatives within the jurisdiction of block panchayat. Strengtheningof co-operativeinstitutions.l II. Animal Husbandry and Dairy Farming '$1trrtrTnSCHEDULE
[See Sub section (1) of Section 175] Functions of District Panchayats

l.

(A) General Functions l

2. 3. 4.

Mobilisation of the technical expertise 5. available from Government-non- 6. Governmentinstitutions.

Running of district level veterinary hospitals and laboratories. Running of dairy extensionunits. Promotionof Milk co-operative societies. Running of farms other thanregional farms, breeding farms and researchcantres. Implementation of district level training. Implementation of disease prevention programmes.

'3s Substituted by Act l3 of 1999.

R.

voL. 19NO.4

THE KEMI^A PANCHAYATRAJACT

785

7.

Propagatingnewmethodsoffieldtrialsand VL Housing pilot projects. Locally 8. relevant research Implementation of housing complex and and 1. development. infrastructuredevelopment. Mobilisation of housingfinance. 2. III. Minor Inigation VIL Water Supply L 2. Development of ground water resources. Construction and maintenanceof minor 1. inigation schemescovering more than one 2. block panchayat. Command areadevelopment. Implementation of water supply schemes covering more than one village panchayat. Taking over of water supply schemes covering more than one village panchayat.

3.

N. Fisheries 1. 2. 3. Arrangementsfor fish marketing Management of fish farm development agency. Management of district level pisci-culture centresnet making units, fish markets,feed mills, ice plantsand cold storages. Managementof fisheriesschools. Introductionofnewtechnologies. Provide implements required for fishermen. Promotion of fishermen's co-operative societies.

VIII. Electricity & Energy l. 2. Taking over of micro-hydal projects. Determining priority areasfor extensionof electricity.

IX. Education l. Management of Governmenthigh schools (including Lower and Upper Primary Schoolsattached to high schools). Management of Government Higher Secondary schools. Management of Government Technical Schools. Management of Government Vocational Training Centresand Polytechnics. Management of government Vocational Higher Secondary Schools. Management of District Institute for Education and Training. Co-ordination of centrally and state sponsored programmes related to education.

4. 5. 6. 7.

2. 3. 4.

V. Small Scale Industries 1. 2. 3. 4. 5. 6. 7. 8. 9,

5. Management of district industries centres. Promotion of small scaleindustries. 6. Settingup of industrialestates. Organising exhibitions for sale of products 7. Conduct of entrepreneur development programme. Marketing of products.

Imparting training. X. Public Works Create input service and common facility centres. l. Constructionandmaintenanceofalldistrict Implementation of industries development roads vested within the district panchayat credit schemes. other than maior district roads.

.'*f

786

JOURNALOF INDIAN SCHOOLOF POUTICAL ECONOMY

OCT.DEC2OO7

2.

Constructionof buildins for institutions l. transferred.

hoviding infrastructure facilities for self programme. employment

XL Public Health & Sanitations l.

XIV. D evelopment of Schedule d Cast e-Scheduled Tribe

Management of district hospitals with all systemsof medicines. 1. Managementof post metric hostels. 2. Settingup ofcentresfor the careofspecial 2. Managementof vocational training centres categoriesof handicappedand mentally for the ScheduledCaste/Scheduled Tribes. disabledpeople. 3. Co-ordination of centrally and state W. Sports and Cultural Affairs. sponsoredprogrammesat district level. Construction of stadia. XIL Social Welfare XVL Co-operation l. Provide grants to orphanages. 2. Establishment of welfare centres for the l. Organisation of co-operatives within the handicappedand destitutes. limits of district panchayat. 2. Strengthening of the co-operative XIIL Poverty Alleviation institutions.
SDTTHSCIIEDT'LE [SeeSub section(l) ofsection257l
Penalties

Section

SubSection /Clause (2)

Subject

Fine which may be Imposed (4)

0) B "o[205 205C 205 D 20s(E) 205(H) 209(C)

(3) TheOccupier or the owner/making defaultin submitting thelist of persons engaged in anyprofession art,etc.

Onethousand rupees

Theemployer or theheadof officeor firm or company makingdefault Onethousand rupees. in submitting the list of persons employed under him. Employermakingdefaultin recovering profession tax (2) Makingdefaultin submitting thelist of employees, etc. Making defaultin paymentof profession tax by selfdrawing officen Five hundred rupees. Five hundred rupees. Two hundredand fifty rupees. Five hundredrupeesl
(Contd.)

(2\

Exhibition of any advertisement without permission

r36 Insertedby Act l3 of 1999.

voL. I9 NO.4

THE KEML"A,PANCHAYAT MJ ACT

787

SIXTH SCHEDULE (Contd.)

Section Sub Section /Clause Subject Fine which may be Imposed

(l)

(2)
(a)

(3)
Unlawful building of wall or erecting offence, etc., in or over public road.

(4)
Five hundred rupees

220 220 220 220 220 220 220

(b)

Construction of buildingor a high structure in thelandabutting the roadwithoutleavinga distance ofthree meten

Two thousand andfive hundred rupees

(c) (d) (e)

Unlawfulmakingof holeor depositing of matterin or overpublicroad Two hundred rupees Unlawful quarryingin any placenearpublic road,etc. Unlawfulconstruction ofbuilding overdrain Planting of treeswithoutpermission on any publicroador other propertyvestedin a panchayat Fellingetc.,withoutprmission oftreesgrowingin publicroador other propertyvestedin a panchayat or on a poramboke or land,the useof whichis regulated by it undersection 220. Unlawful openingor keepingopena market lrvy of feesin privateeveningmarket(Anthichantha) Levy of feesin privatemarket withouta licence. Saleor exposure for salein public or privatemarketrupees of any animal or article without permission Sale,etc.,of articles in publicroadsor places afterprohibition or withoutlicence or contraq/ to regulations Two hundredrupees OneThousand rupees Onehundred rupees

(0 (e)

Onethousand rupees.

))) 222 222 224 225 227 228 230 231

(l)

Two thousand rupees Two hundred rupees Five hundred rupees Two hundred rupees

(3) (4)

One hundredrupces

(b)

Using of any public placeor roadside asa landingor halting placeor asa cart-stand within prohibited distance. Openinga new privale cart-stand or continuingto keepopenprivate cart-stand withoutlicence or contrary to licence

Two hundredrupees

(l)

Onethousand rupees.

Useof placeasa slaughterhouse without licenceor contraryto licence. One thousand rupees Slaughter of animals for saleasfood or skinning or cuttingup carcasses withoutlicence or contrary to licence or dryingskin soasto cause a nuisance Onehundred rupees for everyanimal carcass or skin (Contd.)

220(b)Inserted by SRO.NO.665/96

,$r

788

TOURNALOF INDIAN SCHOOLOT POLNICAL ECONOMY

OCT.DEC2OO7

SIXTH SCHEDITLE (Contd.)

Section Sub Section /Clause

Subject

Fine which may be Imposed (4)

(l)

(2)

(3)

232

Usinga placefor anyprescribed purpose withoutlicence or contrary to Five hundred rupees licence Unlawfulerection of factory,workshop, etc. r37 [Fivethousand rupeesl Fifty rupees One hundredrupees

L))

235 235 '" 1235

(2\ (3) (C) (5)

Unlawfuldestruction, etc.,of number of buildings Failure to replacenumberwhenrequiredto do so

Construction or reconstruction of thebuildings against thedeclaration Two thousand rupees issued by the villagepanchayat Makingdefaultin not complying with therequest of makingthe buildingat the cornerof thestreet rounded of or splayed of Construction ofdoors andwindows so asto openon publicroad Five thousand rupees

235

(D)

235 274

(E)

Two hundred rupees

Obstructinga persons in tlte useor enjoymentof a public road, market, Five hundredrupees well, tank.etc.

t37 Substituted bv Act l3 of 1999. r38 Added by Aci l3 of 1999.

voL. t9 No.4

THE KERAI"APANCHAYAT MJ ACT

789

SEVENTH SCIIEDT]LE Penalties for continuingbreaches [SeeSub section(2) of section257]

Section Sub Section /Clause

Subject

Fine which may be Imposed (4)

(l)

(2)
(C) (2) (a) (b)

(3)
Unauthorised exhibition ofany advertisement

'r'1209 220 220

Onehundred rupees

Unlawful building of over public road wall or erecting fence, etc. in or Onehundred rupees Construction ofbuilding or a high structure in the land abutting the road without leaving a distance of three metres

Onehundred rupees

220 220 220 222

(c) (d) (e) (l)

Unlawful making of over public road hole or depositing of matter in or Fifty rupees Unlawful quarrying Unlawful construction of building over drain Opening or keeping open a private market in contravention of section

Fifty rupees Two hundred rupees Five hundredrupees

221

222 222 224 228

232

(3) (4)

Levy of feesin privateevening market(Anthichantha) lrvy of feesin private martet without a licence Saleor exposure for of animalor articlewithoutsalein public permissionor private market

Onehundred rupees Two hundredrupees Onehundrcd rupees

(l)

Keepingopena privatecart-stand withoutlicence or contrary to licence Usinga placefor anypurpose prcscribed undersectton232 withouta licence or contrary to licence Unlawfulerection of factory,workshop, etc

One hundredrupees

Onehundred rupees

233

Five hundred rupees

rre Insertedby Act 13 of 1999 220 (b) inseried by SRO No. 665/96