Chapter XV MEETINGS, POWERS, FUNCTIONS, DUTIES AND PROPERTY OF

PANCHAYATS

held at such intervals, as may be prescribed: Provided that the interval between two meetings shall not exceed one month.

86[(1 a) If a notice in writing is given to the President by not less than one third of the members or members notified by Governments under sub-section (1) of section 6, specifying the purpose for which the meeting is to be convened, he shall convene, a special meeting of the panchayat for considering that matter] (2)Every meeting of a Panchayat shall be presided over by its President or, in his absence, but its Vice-President or, in the absence of both, by a member chosen by the members present at the meeting to preside over the occasion. (3)The person presiding shall preserve order at the meeting and decide all points of order arising at or in connection with meetings. There shall be no discussion on any point of order and the decision of the person presiding on any point of order shall be final. (4)Save as provided in this Act, the time and place of a meeting of a Panchayat, the quorum of such meeting, the procedure of calling such meeting and the procedure at such meeting shall be such as may be prescribed. (5)The rules referred to in sub-section (4) may provide for preventing any member or President or any member or Chairman of a committee from voting on, or taking part in the discussion, of any matter in which apart from its general application to the public he has any direct or indirect pecuniary interest, whether by himself or through some other- person, or from being present or presiding at any meeting of the Panchayat or of the committee during the discussion of any such matter. (6)All questions before a meeting of a Panchayat shall be decided by a majority of votes of the members present and unless otherwise provided in this Act, the person presiding the meeting shall have a casting vote in all cases of equality of votes. (7)No resolution of a Panchayat shall be modified, varied or cancelled by that Panchayat within a period of three months from the date of passing thereof, except by a resolution supported by two-thirds of the whole numbers of member of such Panchayat. [ (8) Any member, who was present at a meting of the panchayat shall have the right to give the secretary a note of dissent regarding a resolution passed by the Panchayat if has voted against such resolution, within forty-eight hours of the conclusion of the meeting. 86 87 Inserted by Act 13 of 1999. Substituted by Act 13 of 1999.

1. (9) The secretary shall forward copy of the minutes of every meeting of the Panchayat and the copy of the note of dissent if any, received under sub-section (8) to the Government or to the officer authorised by Government in this behalf, within ten days after the date of the meeting.] [

(1) In every Panchayats standing committees as stated below shall be constituted namely: - (a)In a Village Panchayat (1) Standing committee for Finance (2)Standing Committee for Development (3)Standing Committee for Welfare. (b)In a block Panchayat (1) Standing Committee for Finance (2)Standing Committee for Development (3)Standing Committee for Welfare (c)In a District Panchayat (1) Standing Committee for Finance (2)Standing Committee for Development (3)Standing Committee for public works. (4)Standing Committee for Health and Education (5)Standing Committee for Welfare (2)Every standing committee shall consist of such number of members, including its chairman as decided by the Panchayat, so that all other elected members except the President and Vice-President shall be elected as a member in any of the standing committee and the number of members elected to each standing committee shall, as far as possible, be equal. (3)The number of members of each standing committee as decided by the Panchayat under sub-section (2) shall not be changed within the term of that Panchayat. (4)In every standing committee there shall be members elected by the elected members of the Panchayat from among themselves under the proportional representation system by single transferable vote and a member shall not be a member of more than one standing committee at a time. (5)The Chairman of every standing committee, except the standing committee for finance, shall, be elected by the members of the respective standing committee from among themselves. (6)The Vice-President shall be an ex-officio member and chairman of the standing committee for finance and the President shall be an ex-officio member of all standing committees without the right to vote. (7)A member other than 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 Substituted by Act 13 of 1999. resignation to the Secretary in the prescribed form and the resignation shall take effect from the date on which it was received by the Secretary and the Secretary shall inform the fact immediately to the President and the panchayat. (8)The person who resigns the membership of chairmanship of the standing committee shall give in person or send through registered post his resignation where such resignation letter is attested by a gazetted officer, as the case may be his resignation to the Secretary and the Secretary shall acknowledge receipt of the same. (9)Except as otherwise provided in this Act, the term of the Chairman of a Standing Committee or its member shall co-exists with the terms of that Panchayat. (10)An election to fill up casual vacancy of the member of standing committee shall be conducted within thirty days of the occurrence of that vacancy: Provided that where the vacancy in a standing committee could not be filled up due to the vacancy of a member of panchayat, the vacancy of standing committee shall be filled up within thirty days from the date of filling up of the vacancy of the member of panchayat. (11)If a casual vacancy of the Chairman of a standing committee other than the standing committee for finance arises one of its members shall be elected as its chairman in the next meeting of the standing committee. (12)A motion of non-confidence on the chairman of the standing committee other than the standing committee for finance may be moved subject to the prescribed provisions and procedures and if such a motion is passed with the support of not less than the majority of the members of the standing committee the chairman of that standing committee shall cease to hold office and he shall be deemed to have vacated the office of the chairman of the standing committee immediately. 162.A. Subjects to be dealt with by the standing committees. - (1) The following subjects shall be dealt with by the standing committees of the panchayat, namely: - (a)in a village panchayat, - (i)The standing committee for finance shall deal with the subjects of finance, tax, accounts, audit, budget, general administration, appeal relating to tax and subjects not allotted to other standing committees; (ii)The standing committee for development shall deal with the subjects of development planning, socio-economic planning, spatial planning, agriculture, soil conservation, social forestry, animal husbandry, diary development, minor irrigation, fisheries, small-scale industry, public works, housing, regulation of building construction, electricity, etc; (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 Health, Sanitation, Education, Art and Culture and entertainment, water supply, sewerage and environment; (iv)In the Block Panchayat , - (v)The Standing Committee for finance shall deal with the subjects, like finance, accounts, audit, budget, general administration and subjects not allotted to other standing committee; (vi)Standing Committee for development shall deal with the subjects like development planning, socio and economic planning, agriculture, animal husbandry, minor irrigation, fisheries, small-scale industry, public works, housing, electricity and maintenance of watershed; (vii)Standing Committee for Welfare shall deal with the subjects like Development of Scheduled Caste - Schedule Tribe, Development of Women and Children, Social Welfare, Public Health, Education, Art, Culture and Entertainment and Environment; (viii)In the District Panchayat, - (ix)Standing Committee for finance shall deal with the subjects like finance, accounts, audit, budget, general administration and subjects not allowed to other standing committee; (x)The standing committee for development shall deal with the subjects like development planning, socio-economic planning, agriculture, soil conservation, animal husbandry, minor irrigation, fisheries and small scale industry, etc. (xi)The standing committee for public works shall deal with the subjects like public works, housing, spatial planning and environment; (xii)the standing committee for Health and Education shall deal with subjects like public health and education; (xiii)The standing committee for welfare shall deal with subjects like social welfare, development of women and children and development of scheduled caste-scheduled tribe. (xiv)The standing committees of the panchayat may perform such other powers and functions of the panchayat as may be entrusted to it by the panchayat in addition to the powers and duties conferred on it by rules made in this behalf. (xv)Every resolution passed by the standing committee shall be placed before the panchayat in its next meeting and the panchayat shall have power to modify such resolution if considered necessary. (xvi)Where any of the standing committees cannot function effectively by reason of the resignation of the majority of its members or for any other reason, powers and functions of such standing committee shall be vested in the steering committee constituted under section 162 B till its re-constitution. (1)The ex-officio Secretaries referred to in sub-section (11) of section 179 shall attend the meetings of the respective standing committee and render necessary assistance to the committee in the discharge of its functions. 162 B. Steering Committee. - (1) There, shall be a steering committee in every panchayat consisting of its President, Vice-President and the Chairman of standing committees and the President shall be the chairman of the said committee. (2)The steering committee shall co-ordinate and monitor the functions of the standing committees and shall perform such other powers and functions as may be entrusted to it by the panchayat.

(6)The Vice-President shall be an ex-officio member and chairman of the standing

committee for finance and the President shall be an ex-officio member of all standing committees without the right to vote. (7)A member other than 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 Substituted by Act 13 of 1999.

resignation to the Secretary in the prescribed form and the resignation shall take effect from the date on which it was received by the Secretary and the Secretary shall inform the fact immediately to the President and the panchayat. (8)The person who resigns the membership of chairmanship of the standing committee shall give in person or send through registered post his resignation where such resignation letter is attested by a gazetted officer, as the case may be his resignation to the Secretary and the Secretary shall acknowledge receipt of the same. (9)Except as otherwise provided in this Act, the term of the Chairman of a Standing Committee or its member shall co-exists with the terms of that Panchayat. (10)An election to fill up casual vacancy of the member of standing committee shall be conducted within thirty days of the occurrence of that vacancy: Provided that where the vacancy in a standing committee could not be filled up due to the vacancy of a member of panchayat, the vacancy of standing committee shall be filled up within thirty days from the date of filling up of the vacancy of the member of panchayat. (11)If a casual vacancy of the Chairman of a standing committee other than the standing committee for finance arises one of its members shall be elected as its chairman in the next meeting of the standing committee. (12)A motion of non-confidence on the chairman of the standing committee other than the standing committee for finance may be moved subject to the prescribed provisions and procedures and if such a motion is passed with the support of not less than the majority of the members of the standing committee the chairman of that standing committee shall cease to hold office and he shall be deemed to have vacated the office of the chairman of the standing committee immediately. 162.A. Subjects to be dealt with by the standing committees. - (1) The following subjects shall be dealt with by the standing committees of the panchayat, namely: - (a)in a village panchayat, - (i)The standing committee for finance shall deal with the subjects of finance, tax, accounts, audit, budget, general administration, appeal relating to tax and subjects not allotted to other standing committees; (ii)The standing committee for development shall deal with the subjects of development planning, socio-economic planning, spatial planning, agriculture, soil conservation, social forestry, animal husbandry, diary development, minor irrigation, fisheries, small-scale industry, public works, housing, regulation of building construction, electricity, etc; (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 Health, Sanitation, Education, Art and Culture and entertainment, water supply, sewerage and environment;

(iv)In the

Block Panchayat , - (v)The Standing Committee for finance shall deal with the subjects, like finance, accounts, audit, budget, general administration and subjects not allotted to other standing committee; (vi)Standing Committee for development shall deal with the subjects like development planning, socio and economic planning, agriculture, animal husbandry, minor irrigation, fisheries, small-scale industry, public works, housing, electricity and maintenance of watershed; (vii)Standing Committee for Welfare shall deal with the subjects like Development of Scheduled Caste - Schedule Tribe, Development of Women and Children, Social Welfare, Public Health, Education, Art, Culture and Entertainment and Environment; (viii)In the District Panchayat, - (ix)Standing Committee for finance shall deal with the subjects like finance, accounts, audit, budget, general administration and subjects not allowed to other standing committee; (x)The standing committee for development shall deal with the subjects like development planning, socio-economic planning, agriculture, soil conservation, animal husbandry, minor irrigation, fisheries and small scale industry, etc. (xi)The standing committee for public works shall deal with the subjects like public works, housing, spatial planning and environment; (xii)the standing committee for Health and Education shall deal with subjects like public health and education; (xiii)The standing committee for welfare shall deal with subjects like social welfare, development of women and children and development of scheduled caste-scheduled tribe. (xiv)The standing committees of the panchayat may perform such other powers and functions of the panchayat as may be entrusted to it by the panchayat in addition to the powers and duties conferred on it by rules made in this behalf. (xv)Every resolution passed by the standing committee shall be placed before the panchayat in its next meeting and the panchayat shall have power to modify such resolution if considered necessary. (xvi)Where any of the standing committees cannot function effectively by reason of the resignation of the majority of its members or for any other reason, powers and functions of such standing committee shall be vested in the steering committee constituted under section 162 B till its re-constitution.

(1)The ex-officio Secretaries referred to in sub-section (11) of section 179 shall attend the meetings of the respective standing committee and render necessary assistance to the committee in the discharge of its functions. 162 B. Steering Committee. - (1) There, shall be a steering committee in every panchayat consisting of its President, Vice-President and the Chairman of standing committees and the President shall be the chairman of the said committee. (2)The steering committee shall co-ordinate and monitor the functions of the standing committees and shall perform such other powers and functions as may be entrusted to it by the panchayat.

(1) Every panchayat may subject to such rules as may be made in this behalf, constitute functional committees for different subjects like agriculture, sanitation, communication, public health and education consisting of members of panchayat and others who are interested in public welfare and who are nominated by the panchayat. Provided that members nominated by the panchayat shall not have any right to vote] (2)The powers and functions of the Functional Committees shall be such as may be prescribed in this behalf.

(1) Every Panchayat may constitute subcommittees to assist the Standing Committee or Functional Committees for the execution of any work, scheme, project or plan, which may consist of members of the Panchayat and others interested in public welfare who may be nominated by the Panchayat. 90[Provided that the nominated members shall have no right to vote]. 91[(1a) If not less than fifty persons enrolled in the voters list relating to a constituency of village panchayat belongs to Scheduled Tribe, they shall be deemed to be a SubCommittee of the Grama Sabha comprised in the territorial area of that Constituency and that sub-committee shall have the same powers and rights as that of the grama sabha regarding the development of Scheduled Tribe.] (2)The village panchayat may constitute Ward Committee for each constituency with the member of the constituency concerned and other local inhabitants who may be nominated by the village panchayat to study and report on the needs of the constituency. (3)The composition, term, procedure, nature of functions of the committees constituted under sub-section (1) and sub-section (2) shall be as laid down in the bye-laws of the panchayats concerned. 89 90 91 Substituted by Act 13 of 1999. Substituted by Act Substituted by Act 13 of 1999.

90[Provided that the nominated members shall have no right to vote].

91[(1a) If not less than fifty persons enrolled in the voters list relating to a constituency of village panchayat belongs to Scheduled Tribe, they shall be deemed to be a SubCommittee of the Grama Sabha comprised in the territorial area of that Constituency and that sub-committee shall have the same powers and rights as that of the grama sabha regarding the development of Scheduled Tribe.] (2)The village panchayat may constitute Ward Committee for each constituency with the member of the constituency concerned and other local inhabitants who may be nominated by the village panchayat to study and report on the needs of the constituency. (3)The composition, term, procedure, nature of functions of the committees constituted under sub-section (1) and sub-section (2) shall be as laid down in the bye-laws of the panchayats concerned. 89 90 91 Substituted by Act 13 of 1999. Substituted by Act Substituted by Act 13 of 1999.

(1) A panchayat may, along with one or more local self government Institutions constitute a Joint Committee for any purpose for which they are jointly responsible, if the panchayat so decided or the Government so requires.] (2)The constitution, powers and procedure of a joint committee and a method of settling differences of opinion arising in the committee shall be such as may be prescribed.

(1)[**] It shall be the duty of the village panchayat to meet the requirements of the village panchayat area in respect of the matters enumerated in the Third Schedule: 94[Provided that it shall be the duty of the village panchayat to render services to the inhabitants of the village panchayat area in respect of the matters enumerated as mandatory functions in the Third Schedule]. (2)Subject to the other provisions of this Act and the guidelines and assistance financial, technical or otherwise, of the Government, the village panchayat shall have exclusive power to administer the matters enumerated in the Third Schedule 95[and to prepare and implement schemes relating there to for economic development and social justice] (3)Village Panchayat shall also have powers to enhance employment facilities and to undertake developmental activities and to start manpower banks, under the leadership of the village panchayats. Explanation. - Man Power Bank means a bank having the known details of skilled and unskilled persons who are willing to render service on requirement and the village panchayat shall maintain a register for the purpose and it shall contain other details as prescribed.] (4)The Government, the district panchayat and the block panchayat shall subject to availability of resources provide necessary financial, technical and other assistance to the village panchayats to enable them to discharge their functions. (5)All grants-in-aid sanctioned by the Government in respect of the matters enumerated in the Third Schedule shall be distributed through the village panchayat concerned. (6)The Government shall, as soon as may be, after the commencement of this Act, transfer all institutions, schemes, buildings and other properties, assets and liabilities connected with the matters referred to in the Third Schedule to the Village Panchayat 97[and every institution so transferred shall be in the name of the said village panchayat and shall be known accordingly] Ibid. Omitted by Act 13 of 1999. Aided by Act 13 of 1999. Ibid Added by Act 13 of 1999. Ibid (7) the village Panchayat shall administer the institutions and schemes transferred to it, subject to the guidelines and technical assistance of the Government and in accordance with the state and national policies. (8) The village panchayat shall not have any power to sell, transfer, alienate or pledge the properties transferred to it.]

94[Provided that it shall be the duty of the village panchayat to render services to the inhabitants of the village panchayat area in respect of the matters enumerated as mandatory functions in the Third Schedule]. (2)Subject to the other provisions of this Act and the guidelines and assistance financial, technical or otherwise, of the Government, the village panchayat shall have exclusive power to administer the matters enumerated in the Third Schedule

95[and to prepare and implement schemes relating there to for economic development and social justice] (3)Village Panchayat shall also have powers to enhance employment facilities and to undertake developmental activities and to start manpower banks, under the leadership of the village panchayats. Explanation. - Man Power Bank means a bank having the known details of skilled and unskilled persons who are willing to render service on requirement and the village panchayat shall maintain a register for the purpose and it shall contain other details as prescribed.] (4)The Government, the district panchayat and the block panchayat shall subject to availability of resources provide necessary financial, technical and other assistance to the village panchayats to enable them to discharge their functions. (5)All grants-in-aid sanctioned by the Government in respect of the matters enumerated in the Third Schedule shall be distributed through the village panchayat concerned. (6)The Government shall, as soon as may be, after the commencement of this Act, transfer all institutions, schemes, buildings and other properties, assets and liabilities connected with the matters referred to in the Third Schedule to the Village Panchayat

97[and every institution so transferred shall be in the name of the said village panchayat and shall be known accordingly] Ibid. Omitted by Act 13 of 1999. Aided by Act 13 of 1999. Ibid Added by Act 13 of 1999. Ibid

1. (7) the village Panchayat shall administer the institutions and schemes transferred to it, subject to the guidelines and technical assistance of the Government and in accordance with the state and national policies.
2. (8) The village panchayat shall not have any power to sell, transfer, alienate or pledge the properties transferred to it.]

Subject to such rules, as may be prescribed the Government, the district panchayat or the block panchayat may transfer to the village panchayat the management and maintenance of any institution or the execution or maintenance of any work or the exercise of any power or the discharge of any duty within the village panchayat area whether provided in this Act or not. (2)The Government may, in addition to the powers and functions herein before, mentioned as exercisable by the village Panchayat authorise by general or special order, subject to such rules and conditions as may be prescribed, a village panchayat to exercise any power or discharge any function such as collection of land revenue, maintenance of survey and village records, collection of village statistics, supervision and control over Government primary schools, medical, public health, child welfare and maternity institutions as may be specified by the Government from time to time, and execution of community development work including improvement of agriculture, animal husbandry, communication and village industries, soil conservation, protection of environment, conservation of forest, wild life protection, protection of orphans, protection of the aged, cultural activities and informal education. (3)Subject to such rules as may be prescribed a person or body of persons may transfer to the village panchayat, with its consent and subject to such conditions as may be agreed upon, the management and maintenance of any institution, within the panchayat area. (4)It shall be lawful for the Government, the district panchayat or the block panchayat to contribute to the village panchayat fund such amount as may in their opinion be necessary for meeting the expenditure in connection with the management and maintenance of any institution or the execution or maintenance of any work or the exercise of any power or the discharge of any duty which the Government, the district panchayat or the block panchayat may, from time to time, make over to the village panchayat under sub-sections (1) and (2).

Subject to the provisions of this Act and the rules made there under, a village panchayat or two or more village panchayats together may establish and maintain common dispensaries, child welfare centres and institutions of such other kind as may be specified by the Government. "[169. Vesting of Public roads in village panchayats. - (1) Notwithstanding anything contained in the Kerala Land Conservancy Act 1957 (8 of 1958), or in any other law for 98 99 I bid Substituted by Act 13 of 1999.

the time being in force, all public, roads other than those classified by the government s 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.- (a)in the District Panchayats - All district roads other than major district road within the area of more than one block panchayat; (b)in the Block Panchayats - District roads and village roads other than major district roads within the area of more than one village panchayat comprised in a Block Panchayat; (c)in the village Panchayats - other village roads, paths and lanes within the Village Panchayat area. Together with all pavements, stones and other materials and other things installed therein, all drains culverts made along side or under such roads and all works, materials and things appertaining thereto may be deemed as transferred to and vested absolutely in the panchayat area. (2)Subject to the provisions of this Act, all rights and liabilities of the Government in relation to the public roads and other properties, materials and things vested in the Panchayat under sub-section (1) or sub-section (4) shall, from the date of such vesting, be the rights and liabilities of the Panchayat.] (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 such public road, sewer, drain, drainage work, tunnel or culvert and may also modify or cancel such notification and thereupon they shall revest in Government. Provided that, before issuing such a notification the Government shall consult the village panchayat concerned and give due regard to the objections, if any. (4)The government may, by notification in the Gazette, order the transfer to and vesting in, a village panchayat, of any public road or class of public roads in the village panchayat and thereupon such road or roads shall notwithstanding anything contained in sub-section (1), but subject to the other provisions of this Act, stand transferred to and vest in, such village panchayat. (5)It shall not be lawful for any persons to occupy any land which is transferred to and vested in a

100[ ] panchayat under sub-section (1) or sub-section (4), whether a poramboke or not, without prior permission from the

101[] 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 Omitted by Act 13 of 1999. Omitted by Act 13 of 1999.

(whether on a temporary or permanent basis) on or any land aforesaid shall be deemed to be occupation such land. [170. Panchayat to maintain the roads properly. - (1) It shall be the duty of the panchayat to maintain property the roads vested in it and to prevent encroachment on it. (2)The village panchayat shall keep all public roads and important public paths in its area free from garbage, sewage and other waste materials and shall protect such roads and public paths from encroachment. (3)The village panchayat may in such manner as it may deem fit, dispose of all garbage, sewage and other waste materials collected by it while cleaning public roads, public paths and drains]

property or income which by custom belongs to or has been administered for the benefits of the villagers in common, or the holders in common of village land generally or of lands of a particularly description or of lands under a particular source of petty irrigation shall vest in the village panchayat to be administered by it for the benefit of the villagers or holders aforesaid.

(1)[ ] It shall be the duty of the block panchayat to meet the requirements of the block panchayat area in respect of the matters enumerated in 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 enumerated in the Fourth Schedule 102 103 104 [and to prepare and implement the schemes on the subject specified therein for the economic development and Social justice] (3)The Government and the district panchayat shall, subject o availability of resources, provide necessary financial, technical and other assistance to the block panchayats to enable them to discharge their functions. (4)All grants-in-aid sanctioned by the Government in respect of the matters enumerated in the Fourth Schedule shall be distributed through the block panchayat concerned. (5)The Government shall, as soon as may be, after the commencement of this Act, transfer to the block panchayats all the institutions, projects, buildings, and other properties and assets and liabilities connected with the matters referred to in the Fourth Schedule 105[and every institution so transferred shall be on the name of that block panchayat and shall be known accordingly. Substituted by Act 13 of 1999. Omitted by Act 13 Added by Act 13 Added by Act 13 of 1999. (6)The Block Panchayat shall administer the institutions and schemes transferred to it, subject to the guidelines and technical assistance of the Government and in accordance with the State and National Policies. (7)The Block Panchayat shall have no power to sell, transfer alienate or pledge the properties transferred to it.]

105[and every institution so transferred shall be on the name of that block panchayat and shall be known accordingly. Substituted by Act 13 of 1999. Omitted by Act 13 Added by Act 13 Added by Act 13 of 1999.

(6)The Block Panchayat shall administer the institutions and schemes transferred to it, subject to the guidelines and technical assistance of the Government and in accordance with the State and National Policies. (7)The Block Panchayat shall have no power to sell, transfer alienate or pledge the properties transferred to it.]

106 107 [****]. It shall be the duty of the district panchayats to meet the requirements of the district panchayat area in respect of the matters enumerated in the Fifth Schedule.

107[(2) subject to the other provisions of this Act and the directions of the Government, the District Panchayat shall have exclusive power to administer the matters enumerated to the Fifth Schedule and to prepare and implement the schemes in the subjects specified therein, for economic development and social justice.] (2)Subject to the other provisions of this Act and the directions of the Government, the district panchayat shall have exclusive power to administer the matters enumerated in the Fifth Schedule. (3)the Government shall, subject to availability of resources provide necessary financial, technical and other assistance to the district panchayat to enable them to discharge their functions. (4)All grants-in-aid sanctioned by the Government in respect of the matters enumerated in the Fifth Schedule shall be distributed through the district panchayat concerned. (5)The Government shall, as soon as may be, after the commencement of this Act, transfer to the district panchayats all the institutions, projects and buildings and other properties and assets and liabilities connected with the matters referred to in the Fifth Schedule. 108 109 110 (and every Institutions so transferred shall be in the name of that district panchayat and shall be known accordingly)

109[(6) the district Panchayat shall administer the institutions and schemes, transferred to it, subject to the guidelines and technical assistance of the Government and in accordance with the State and National policies. (7)The district Panchayat shall have no power to sell, transfer, alienate or pledge the properties transferred to it.]

110[173. A Managing Committee for Public health Institution. - There shall be constituted a Managing Committee, in the manner prescribed, consisting of not more than fifteen members including the Chairman, for every public health institutions transferred to the panchayat from Government]. Omitted by Act 13 of 1999.

Delegation of powers and functions of Government to Panchayat - (1) The Government may, by notification in the Gazette, from time to time delegate to the Panchayat at any level, any of the powers and functions of the Government as may be specified in the notification in respect of any matter which is not provided in this Act subject to such restrictions and conditions as may be specified therein.

1. (2) Where the Government delegates a function under sub-section (1) to panchayat at any level, it shall allot to that panchayat such fund and personnel as may be necessary to enable the Panchayat to discharge the functions so delegated.

(1) The panchayat at every level shall prepare every year a development plan for the next year in respect of the functions vested in it, for the respective panchayat area in the form and manner prescribed and it shall be submitted to the District Planning Committee before the date prescribed. (2)The village Panchayat shall prepare the development plan having regard to the plan proposals submitted to it by the Grama Sabhas. (3)Where the District Planning committee directs to make changes in the draft development plan on the ground that sector-wise priority and criteria for subsidy specified by the Government had not been followed or sufficient funds for scheduled- caste, scheduled tribe development schemes have not been provided in the draft development plan for that the scheme was prepared not in accordance with the provisions of the Act or rules; the panchayat shall be bound to make such changes. (4) The panchayat shall in addition to the annual and five year plans; prepare a perspective plan foreseeing a period of fifteen years, with special focus on spatial planning for infrastructure development and considering the resources and the need for further development and such plan shall be sent to the concerned District Planning Committee.] (5)The final decision in respect of such development schemes shall be taken long before the beginning of a financial year. 112[(6). A copy of the development plan prepared by the Village Panchayat shall be forwarded to the block panchayat within which the area of the Village Panchayat is situated and a copy of the development plan prepared by the Block Panchayat shall be forwarded to the district panchayat within which the Block Panchayat is situated.]

1. (4) The panchayat shall in addition to the annual and five year plans; prepare a perspective

plan foreseeing a period of fifteen years, with special focus on spatial planning for

infrastructure development and considering the resources and the need for further development and such plan shall be sent to the concerned District Planning Committee.] (5)The final decision in respect of such development schemes shall be taken long before the beginning of a financial year.

112[(6). A copy of the development plan prepared by the Village Panchayat shall be forwarded to the block panchayat within which the area of the Village Panchayat is situated and a copy of the development plan prepared by the Block Panchayat shall be forwarded to the district panchayat within which the Block Panchayat is situated.]

Notwithstanding anything contained in any law for the time being in force, the Government may subject to the conditions as they may think fit to impose entrust, by an order published in the Gazette, to a panchayat at any level the implementation of such schemes of economic Substituted by Act 13 of 1999. Inserted by Act 13 of 1999.

development and social justice including the schemes related to the matters enumerated in the eleventh schedule to the constitution as they think fit. (2)Where the Government entrust a scheme under sub-section (1) to a Panchayat at any level it shall allot to that panchayat such fund and staff as may be necessary to enable the panchayat to implement the scheme. [176A. Control of the Panchayats over the Electrical undertakings. — The administration by the panchayat over any Electrical undertaking intended for the generation, transmission, supply and consumption of electricity shall be subject to such restriction as prescribed which are not contrary to the Indian Electricity Act, 1910 (Central Act 9 of 1910) of the Electricity Supply Act, 1948 (Central Act 54 of 1948) or to the directions issued by the Kerala State Electricity Board from time to time and the conditions of the licence issued by the panchayat thereunder. 176.B. Provision for lighting public streets. - (1) A village panchayat shall cause all public streets in its area to be lighted and for that purpose shall provide such lamps and works as may be necessary. (2)For the purpose of sub-section (1) Kerala State Electricity Board shall provide necessary electric energy and other technical assistance to the village panchayat at the rate fixed by the Government and on such other terms as prescribed. (3)Notwithstanding anything contained in sub-section (1) the Government may in consultation with the village panchayat arrange a lighting system on any public streets through an agency approved by the Government. (4)Notwithstanding anything contained in this section, a village panchayat or any other local self Government Institutions may jointly arrange and maintain a street lighting system.]

A panchayat may accept donations or trusts relating exclusively to the furtherance of any purpose to which its funds may be applied and shall apply the same solely for such purpose.

Any immovable property which is required by a panchayat for a public purpose connected with the discharge of the functions imposed on it under this Act, or the rules or bye-laws made there under, or any other law, may be acquired under the provisions of the Land Acquisition Act, 1894 (Central Act 1 of 1894) and on payment of compensation awarded under that Act in respect of such property and of any other charges incurred in acquiring it, the said property shall stand transferred to and vest in the Panchayat: Provided that nothing contained in this section shall be deemed to prevent any panchayat from acquiring immovable property either through private purchase or any free surrender