Chapter XXVI SUPPLEMENTAL PROVISIONS

TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS 271 S. Constitution of Tribunal for Local Self Government Institutions. - (1)The Government shall constitute a Tribunal for every district or for more than one district, to consider and dispose of the appeal of revision filed against the decisions of the Local Self Government Institutions under section 276 of this Act and Section 509 of the Kerala Municipality Act, 1994. (2)A Tribunal shall consist of one judicial officer having the rank of a District Judge, appointed by the Government in consultation with the Chief Justice of the High Court of Kerala and by notification in the Gazette. (3)A Tribunal shall have the same powers as are vested in a Civil Court under the code of Civil Procedure, 1908 (Central Act V of 1908) when trying a suit in respect of the following matters, namely - (a)Summoning and enforcing the attendance of any person and examining him on oath; (b)Demanding the discovery and production of any document or other material object producible as evidence; (c)Receiving evidence on affidavits; (d)Requisitioning any public document or a copy there of from any court or office; (e)Appointing commissions for the examination of witnesses or in respect of documents. (4)Any proceeding before the Tribunal shall be deemed to be a judicial proceeding within the meaning of section 193 and section 228 of the Indian Penal Code (Central Act 45 of 1860). (5)The Tribunal shall be assisted by the officers and staff as the Government may decide. 271 T. Rendering of opinion on matters referred to by the Government. - The Tribunal shall, on a reference from the Government with regard to the legality or sustainability of any decision of the Local Self Government Institution, render its opinion to the Government there on after giving the President or the Local Self Government Institution concerned, an opportunity of being heard, if necessary. 271 U. Matters to be prescribed. - The Government may prescribe the following matters, namely: - (a)the conditions of service of the Tribunals; (b)The manner of filing appeal petition or revision petition; (c)The procedure to be followed in hearing the appeal petition or revision petition. (d)The effects of the order of the Tribunals ; (e)Any other matter which the Government may consider necessary to prescribe.

markets, wells, tanks, reservoirs and waterways, vested in or maintained by a Panchayat shall be open to the use and enjoyment of all persons, irrespective of their caste or creed or any other considerations. [272 A. Citizen Charter to be published. - (1) Every Panchayat shall, in the manner prescribed, formulate citizens charter regarding the different categories of services rendered to the citizen by the panchayat, the conditions for such service and also the time limit for such service and publish it in the name ‘citizens charter’.

1. (2) The citizens charter shall be renewed and updated periodically at least once in a year.]

(1) Panchayat shall 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 exceeding three years at a time on such conditions as it thinks fit. (2) All amounts including the tax, cess fee and surcharge collected by the panchayat and other amounts accounted to the panchayat fund as per the provisions of this Act or the rules made there under shall be rounded to a rupee. Explanation. - For this purpose the fraction of a rupee shall be rounded or to the next higher rupee.

1. (2) All amounts including the tax, cess fee and surcharge collected by the panchayat and other amounts accounted to the panchayat fund as per the provisions of this Act or the rules made there under shall be rounded to a rupee. Explanation. - For this purpose the fraction of a rupee shall be rounded or to the next higher rupee.

(1) The Government may, whether at the request of the Panchayat or otherwise, by notification in the Gazette, declare that any of the provisions of the law relating to Municipalities in the state in force for the time being or of any rules made there under, shall be extended to, and be in force, in a Panchayat area or any specified place therein.

1. (2) The provisions so notified shall be construed with such alterations not affecting the substance as may be necessary or proper for the purpose of adapting them to the Panchayat area or any specified place therein.

Gazette, authorise a superior officer to exercise in any Panchayat area in regard to any Panchayat or any class of Panchayats or all panchayats any of the powers vested in them by this Act except the power to make rules, and may in like manner withdraw such authorisation.

1. (2) The government may, by notification authorise any officer to exercise in any panchayat in each district or any class of Panchayats or all Panchayats any power vested Added by Act 13 of 1999. I bid by this Act or the rules made thereunder and may in like manner withdraw such authorisation.
2. (3) The exercise of any power delegated under sub-section (1) or sub-section (2) shall be subject to such restrictions and conditions as may be prescribed or as may be specified in the notification.

Appeal and Revision. - (1) An appeal shall lie to the panchayat against the notice issued or order passed or action taken by the president or secretary in exercise of the powers conferred as per the provisions of this Act, rules, bye-laws or regulations made thereunder except sections 235 I, 235 J, 235 N, 235 W and 235 X: Provided that an appeal or matters connected with tax shall be filed before the standing committee for finance of the village panchayat. (2)If an application is submitted during the pendency of an appeal filed under subsection (1) the president may, by order, stay the operation of the notice, order or other action appealed against. Every case in which an order has been passed shall be reported by the president to the panchayat at 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. (3)An appeal filed under sub-section (1) shall be disposed of by the Panchayat or the standing committee in the manner as it may deem fit within sixty days of its receipt. (4)An appeal on the notice, order or action of the Secretary under section 235 I, 235 J, 235 N, 235 W and 235 X shall be filed before the Tribunal Constituted for Local Self Government Institutions under section 271 S, and it may on an application by an order, stay the operation of the said notice, order or action taken pending disposal of the appeal. (5)An appeal on any notice issued, order passed, or action taken by the panchayat or a revision on a decision taken by the panchayat or standing committee on any appeal shall lie to the Tribunal Constituted under Section 271 S, provided that such appeal or revision shall be confined only to the following subjects and relating to other subjects as may be prescribed for the purpose, namely: - (a)Assessment, demand and Collection of taxes or fees or cess; (b)Grant of permission and licences for trades, factories, markets and other establishments (6)An appeal or 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, shall be disposed of within sixty days from the date of receipt of such appeal or revision. (7)No appeal or revision shall be filed against the assessment of tax unless the tax demanded in the demand notice has been paid. Substituted by Act 13 of 1999.

(8)Notwithstanding anything contained in the section, all appeals and revisions filed before any authority and not disposed of, before the date on which the Tribunal came into force, shall be handed over by such Authority to the Tribunal.]

(1)Any reference to a Panchayat contained in a law, rule, by law, regulation,

220[notification] scheme, from or order, in force in the State at the commencement of this Act shall be deemed to be a reference to a Village Panchayat as constituted or reconstituted under this Act.

1. (2) Any reference to a district council constituted under the Kerala District Administration Act, 1979 (7 of 1980) contained in any law, rule, bye-law, regulation, 221[notification] scheme, form, order, memorandum and articles of association of any society, in force in the State at the time of commencement of this Act shall be deemed to be a reference to a district panchayat as constituted or reconstituted under this Act.

issued thereunder. - (1) Any reference to the President of a Panchayat contained in any enactment in force in the State or in any notification, order, scheme, rule, form or byelaw made under any such enactment and in force in the State shall where such reference relates to the executive functions of the President be construed as a reference to the secretary of the Village Panchayat.

1. (2) If any question arises as to whether any such reference relates to the executive functions of the President or not, the decision of, the Government shall be final.

(1) Village Panchayat shall have power subject to such restrictions and control as may be prescribed to regulate the use of the land set apart for the common use of the community such as grazing grounds, burning and burial grounds and cart stands, which are at the disposal of the Government. (2)The Government or any officer authorised by them after consulting the village panchayat may, by notification, exclude from the operation of this Act any poramboke referred to in sub- section (1) and may also modify or cancel such notification. (3)The village Panchayat shall also have power, subject to such restrictions and control as may be prescribed, to regulate the use of any other poramboke which is at the disposal of Government if the Village Panchayat is authorised in that behalf by an order of Government. (4)The village Panchayat may subject to such restrictions and control as may be prescribed, plant trees on any poramboke the use of which is regulated by it under subsection (1). I n s

(1) If any difficulty arises in first giving effect to the provisions of this Act or as to the first constitution of any Panchayat after the commencement of this Act, the Government, as occasion may require, may, by order do anything which appears to them necessary for the purpose of removing the difficulties: Provided that no order shall be made under this section after the expiry of one year from the date of the first constitution of the Panchayats in the State. (2) Every order made under this section shall be laid before the Legislative Assembly, within fourteen days after it is made, if the Assembly is in session or if the Assembly is not in session it shall be laid at its next session.

1. (2) Every order made under this section shall be laid before the Legislative Assembly, within fourteen days after it is made, if the Assembly is in session or if the Assembly is not in session it shall be laid at its next session.

(1) If the person committing any offence under this Act is a company, the company as well as every person in charge of and responsible to the company for the conduct of its business at the time of the commission of the offence and shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he exercised all the diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1) Where any offence under this 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, secretary or other officer of the company, such director, manager, secretary or other officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation. - For the purpose of this section, (a)‘company’ means any body co-operate and includes a firm or other association of individuals or a society, or a co-operative society. (b)‘director’ in relation to firm means partner in the firm.

1. (2) Notwithstanding anything contained in sub-section (1) Where any offence under this 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, secretary or other officer of the company, such director, manager, secretary or other officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation. - For the purpose of this section, (a)‘company’ means any body co-operate and includes a firm or other association of individuals or a society, or a co-operative society. (b)‘director’ in relation to firm means partner in the firm.

(1) Where a dispute exists among two or more village Panchayats or between a village panchayat and one or more than one block Panchayats or between a village Panchayat and a district Panchayat or between a district Panchayat and one or more block Panchayats or among two or more block Panchayat and or among two or more district Panchayats in regard to any matter arising under the provisions of this or any other law and the Panchayats involved in the dispute are according to their own admission unable to settle amicably any officer of the Government authorised by the Government in this behalf by general or special order, may take such action as is necessary to settle the dispute by himself or if it cannot be so settled, refer it with a report to the Government for decision. (2) Any decision of the Government under sub-section (1) shall be binding on each

1. (2) Any decision of the Government under sub-section (1) shall be binding on each

Power of Government to alter Schedules. - (1) The Government may by notification 222** and to any of the entries in the Schedules to this Act223** 224(2) Any schedule in this Act or any entry to such schedule shall not be omitted otherwise than in exercise of the power conferred by a law made by the legislature of the State.)

(a)‘appointment day’ means the date of coming into force of this Act; (b)‘an existing panchayat’ means a Panchayat constituted or deemed to have been constituted under the Kerala Panchayat Act, 1960 (32 of 1960) and existing immediately before the appointed day, and where any such panchayats has been first constituted or reconstituted or dissolved includes the special officer or administrative committee and its President appointed to exercise the powers or to perform the functions of such Panchayats; (c)‘district council’ means a district council constituted under section 3 of the Kerala District Administration Act, 1979 (7 of 1980) and existing immediately before the appointed day; (d)‘The successor panchayat’ means a village Panchayat constituted under this Act, for such village as corresponds to the respective local area of the existing panchayat.

1. (2) With effect on and from the appointed day the Kerala Panchayats Act, 1960 (32 of 1960), the Kerala District Administration Act, 1979 (7 of 1980) and also the provisions relating to Panchayats contained in the Kerala Local Authorities (Constitution and Preparation of Electoral Rolls) Act, 1994 (4 of 1994) shall stand repealed and the following consequences shall ensue, that is to say, - (a)all property, movable and immovable, and all interests of whatsoever kind therein, which vested in an existing Panchayat or, as the case may be, vested in a district council immediately before the appointed day, shall be deemed to be transferred to and shall vest in the successor Panchayat or as the case may be, in the Government subject to all limitations, conditions and rights or interests of any person, body or authority in force of subsisting immediately before the appointed day; (b)all rights, liabilities and obligations of an existing Panchayat or as the case may be, a district council shall be deemed to be the rights, or liabilities and obligations of the success Panchayat or as the case may be, of the Government; (c)any function, scheme project or plan or work transferred to, an existing Panchayat, or to, a district council under the Kerala Panchayat Act, 1960 or as the case may be under 222Omitted by Act 7 of 1996. 223Ibid 224Inserted by Act 7 of 1996. the Kerala District Administration Act, 1979 or under any other law or order shall be deemed to have been transferred to the successor panchayat or as the case may be to the Government under this Act; (d)all sums due to an existing Panchayat, whether on account of any tax, cess, fee, surcharge or otherwise, shall be recoverable by the successor Panchayat, and for the purposes of such recovery the successor Panchayat shall be competent to take any measure or institute any proceedings which it would have been open to an existing panchayat, or any authority thereof to take or institute before the appointed day; (e)the unexpended balance in the Panchayat Fund constituted under the Kerala Panchayats Act, 1960 and all sums due to an existing panchayat or the unexpended balance in the district council fund constituted under the Kerala District Administration Act, 1979 and all sums due to a district council, shall form part of, and be paid into the respective village panchayat fund constituted under this Act or, as the case may be, paid to the Government; (f)all the contracts made with; and all instruments executed by or on behalf of an existing panchayat or on behalf of a district council shall be deemed to have been made with or executed by or on behalf of the successor Panchayat or as the case may be, on behalf of the Government, and shall have effect accordingly; (g)all proceedings and matters pending before the existing Panchayat or any authority of an existing panchayats under the Kerala Panchayats Act, 1960 or pending before the district council or any authorities of a district council under the Kerala District Administration Act, 1979 immediately before the appointed day, shall be deemed to have been instituted and to be pending before the successor Panchayat or such authority as the successor Panchayats may direct as the case may be, before the Government or such authority as the Government may direct ; (h)in all suits and legal proceedings pending on the appointed day in or to which an existing Panchayats or the district council is a party the successor Panchayat or, as the case may be the 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 Panchayats Act, 1960 and in force immediately before the appointed day shall, in so far as it is not inconsistent with the provisions of this Act continue to be in force as if made; issued, imposed or granted in respect of the corresponding Panchayats area of a successor panchayat under this Act until superseded or modified by any appointment, notification, notice, tax, fee, order, scheme, licence, permission, rule, bye-law, regulation or form made, issued imposed, or granted under this Act ; (j)all budget estimates; assessments, assessment list, valuation or measurements made or authenticated by or in respect of an existing panchayat under the Kerala Panchayats Act, 1960 and inforce immediately before the appointed day shall, in so far as they are not inconsistent with the provisions of this Act, be deemed to have been made or authenticated by the successor Panchayat. (k)all officers and employees in the employment of an existing Panchayat immediately before the appointed day, shall, subject to the provisions of this Act be deemed to be transferred to service of the successor Panchayats; (l)all officers and employees in the employment of a district council immediately before the appointed day shall be transferred to the concerned department of the Government by general or special order issued by the Government 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 appointed day shall be deemed to be a reference to a District Panchayat constituted under this Act or, as the case may be the executive officer of the District Panchayat; 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 respect of a Panchayat shall be deemed to have been done or taken under the corresponding provisions of this Act as if this act had commenced on and from the 1st day of November, 1993. (o)with regard to the Village Panchayat constituted under the Kerala Local Authorities (Constitution and Preparation of Electoral Roles) Act, 1994 for a village or villages which include the territories of an existing panchayat, the Special Officer or Administrative Committee or its President shall be deemed to have been appointed under this Act and such Special Officer or Administrative Committee shall continue in office until the expiry of their existing term or until the elected members of such

Transitional provisions. - Notwithstanding anything contained in any law for the time being in force except the Constitution (Seventy third Amendment) Act, 1992 the term of office of the members of a Panchayat constituted or deemed to have been constituted under the Kerala Panchayats Act, 1960 (32 of 1960) which expired on the 9th day of August, 1993 shall be deemed to have been extended until a corresponding Village Panchayat is duly constituted under this Act for the first time [within one year from the commencement of the constitution (Seventy third Amendment) Act, 1992] and accordingly anything done or any action taken by the Government or said Panchayats or any person or authority in the purported exercise of the powers and functions conferred by or under the Kerala Panchayats Act, 1906 shall not be deemed to be invalid or ever to have been invalid merely, on the grounds that the term of office of the members of the Panchayats aforesaid had expired on said date.