7D1. TTIE KERALA PANCHAYAT RAJ ACT,I994. (Act 13 of 1994 as amended by
Acts 7 of 1995,7 of 1996,8 of 1998, ll of 1999, 13 of 1999, 13 of 2000, 12 of ...
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 replacethepresenteturctment relatingto panchayatsand District Councilsby 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.
Schedulel, 2, 3, 4, 5, 6, 7, 8.
7t0
JOURNALOF INDIAN SCHOOLOF POLTTICALECONOMY
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 suchPanchayatswith suchpowers and authority to enable them to function as (iv) institutionsof self-Government. (v)
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
(vii)
PRELIMINARY
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-
' Inse(edby Act 13of 1999.
(x) (xi)
OCT.DEC2N7
'article'
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 Panchayatat any level: 'corrupt practice' means any of the practicesspecifiedin section 120: 'cost' in relation to an election petition meansall costs,changesandexpensesof, 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 ;
voL. 19NO.4
(xii)
(xiii)
(xiv)
(xv)
(xvi)
THE KERAIA PANCHAYATMJ ACT
'district
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) of sub-section( I ) of section4. '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
t7; 'electoralright' meansthe 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'meanstheelectionheld 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
7il
'intermediate
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 necessaryfor 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 Panchayatat 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 Representationof 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 assessedat the last census the relevant details of which have been officially published; (xxx) 'prescribed' means prescribed by the rules made under this Act:
i
1 l l
JOURNALOF INDIAN SCHOOLOF POLITICAL ECONOMY
'Vice-President' or means the President or the Vice-President of a Village panchayator block panchayator 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)
'President'
(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)
'qualifying
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
ocT-DEC2007
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 section83; 'Schedule Castesand ScheduledTribes' 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 panchayatconstitutedfor 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.
al|F
voL. I9 NO.4
THE KERAI.APANCHAYATMJ ACT
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.
713
perform his functions as such, the Presidentmay appoint a member representing any adjacent constituencyas the convenor. (5) Every meeting of the Grama Sabha shall be presided over by the President of the village panchayator in his absencethe vice-presidentor in the absenceofboth ofthem bv the convenorof GramaSabhas.
(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 deemedto be constitutedasGramaSabhaof such village.
(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 the member of the Block Panchayat,the District shallreportthereasontherefore,beforethe Grama Panchayat and the Legislative Assembly Sabha. representingthe area of the Grama Sabha. (7) The village panchayats, the block panchayatsand the district panchayatsshall 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;
3
Insertedby Act 13 of 1999. " Omitted by Act 13 of 1999. 5 Insertedbi Act 13 1999. of
714
(b)
(c)
(d)
(e)
(0
(g)
(h)
(i)
CI)
(k)
JOURNALOF INDIANSCHOOLOF POLITICALECONOMY
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 clandestinetransactions: 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)
ocT-DEC2007
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 processesand 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 suggestremedialmeasures; to assist the activities of parent-teacher associationsof 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, recommendationsand suggestionsshallbe (8) When beneficiaries aie to be selected 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 (5) The Officers of the Village Panchayats list ofthe deservingbeneficiaries,in the order of shall attend the meetings of the Grama Sabhaas priority, shall be prepared and sent for the may be required by the President and an officer approval of the Grama Panchayats. 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: meetingsof the GramaSabhaandin recordingits decisionsin 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 responsibilitiesnamely: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 developmentprogrammes; (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;
7t6
(vii)
JOU RNALOF INDIAN SCHOOLOF POLITICAL ECONOMY
supervising development activities as volunteer teams and (viii) make arrangementsfor reporting urgently incidenceof epidemics,naturalcalamities, etc.
OCT.DEC2M7
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 panchayatwhich hasceasedto CHAPTERIII exercisejurisdictionover any village or group of CONSTITUTION OF PANCHAYATS AT villagesand the dischargeof the liabilities of the DIFFERENTLEVELS 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 necessary,proper or expedientfor the purposefor 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 headquartersof 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
717
(3) In every Village Panchayat,seatsshall be panchayatto be filled by direct election shall be notified by the Governmentin accordancewith reservedfor the ScheduledCastesand Scheduled 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 therelevantfiguresof eachcensusby notification determinedshall bear,asearly asmay be,the same 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 specifiedin sub-section(3). Castesin that Panchayatareaor, as the casemay be, ofthe ScheduledTribes in that Panchayatarea o [(g) ttre number of seatsto be notified under bearsto thetotal Populationofthe Panchayatarea, sub-section(l) or undersub-section(2) shallnot; ? and such seatsshall be allotted to the [State Election Commissionl or an Officer authorised by it **under sub-section(lB) of section l0 by (a) in the case of Village Panchayat,be less rotation to different constituencies in that than twelve or more than twenty-two; (b) in the case of a Block Panchayat,be less Panchayatarea; 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 Provided that the ratio betweenthe Population themeligible for reservationofany seat,one seat 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 notified under sub-section(l) of section6. ScheduledTribes, under sub-section(4) is one, (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 Substituted by SecondAmendmentAct 5 of 2005. I'Substituted by Act l3 of 1999. *x Substituted by Act 3 of 2005.
7t8
JOURNALOF INDIAN SCHOOLOF POLITICAL ECONOMY
(6) One+hird [including the seats reserved undersub-section(5)l ofthe total numberofseats in a Village Panchayatshall be reserved by the Government for women and such seats shall be allotted by the StateElection Commission or the Officer authorisedby it * * undersub-section( lB) of section 10 by rotation to different constituenciesin the Village Panchayatarea. (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-reservedseatsin a Village Panchayat.
OCT.DEC2OA7
(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 ScheduledCastesin that Block Panchayatareaor, asthe casemay be, of the ScheduledTribes in that Block Panchayatareabearsto 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 Panchayatshallhavea President and a Vice Presidentelectedby the membersof Provided that where the population of the the village Panchayatfrom among themselves. ScheduledCastesor 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 ScheduledTribes having higher popularion. (a)
(b)
elected members equal to the number of seats notified under sub-section (l) of section6: the Presidentsof the Village Panchayarsin 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:
*[ ( ") . .................1
Provided that the number of seatsreservedfor Scheduled Castes or as the case may be, the (2) All the seatsin a Block Panchayatnotified ScheduledTribes under sub-section(4) is one, under sub-section(1) of section6 shall be filled that seat need not be reserved for women by persons chosen by direct election in belonging to ScheduledCastesor as the casemay accordancewith the provisions of this Act. be, ScheduledTribes. (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 ScheduledTribes. 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.
=:F!F
voL.19NO.4
THE KEMI,A, PANCHAYAT MJ ACT
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.
719
(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 ScheduledTribes in that District Panchayat area bears to the total population of that District Panchayat area, and 12 suchseatsshall 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 constituenciesin 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 panchayatshall 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: under sub-section(l) of section6 shall be filled 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 ScheduledTribes. be. ScheduledTribes.
ruSubstituted by Act l3 of 1999 *x Substitutedby Act 3 of2005. 'j Omitted by Act 7 of 1995.
,,.rbid. *x Substituted by Act3 of2005.
720
JOURNALOF INDIAN SCHOOLOF POLITICAL ECONOMY
(6) One-third including the seats reserved undersub-section(5) of the total numberof seats 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.
ocT-DEC2007
hovided that, as far as possible, the member nominatedby the Government shall be the eldest among the memberselectedto that panchayat.
(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 schedulebeforethe 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 (6) shall be deemed to prevent members of the theelectionof the hesident undersub-section(5) ScheduledCastesor the ScheduledTribes or the of section(1531 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 (8) A District Panchayatshallhavea President elected in a bye-election may take such oath 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 sub-section(2) or sub-section(3) shall vote or 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. PROVISIONRELATINGTO MEMBERSAND 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 subscribean 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
*.* Substituted by theAct 3 of 2005. '' Substituted bv Act l3 of 1999.
'€
voL. 19NO.4
THE KEMIA, PANCHAYATMJ ACT
:"]-
721
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.
(b) In the caseof Block PanchayatsandVillage Panchayatsthe reservedseatsfor the Scheduled Castes and Scheduled Tribes shall be allotted proportionateto their population in the respective districts.
(3) (a)
(c) In the case of Village Panchayat, the reservedseatsin eachdistrict shall be distributed among the Village Panchayatswithin the area of the various Block Panchavatsin the district.
(b)
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 district panchayatsin the Statereserved under clause(a); 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.
(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 the Panchayatin which the ScheduledCastesor Scheduled Tribes or women have the larges percentageof population and then passedon to thenextpanchayathavingtheirlargestpercentage 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 ScheduledCastesor ScheduledTribesandin lieu, the office of the President in the Panchayat net having their largest percentage population of women shall be reservedfor women:
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
15Substitutedby Act '' Substitutedbv Act t7 Substitutedbv Act It Substituted by ect
l3 of 1999. l3 of 1999. 7 of 1995. Z of 1995.
722
JOURNALOF INDIAN SCHOOLOF POLITICAL ECONOMY
OCT.DEC2N7
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-Presidentshallbe deemedto 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 officer of the Government or local authoritv as memberor on his being sentencedby a criminal court for imprisonment 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 Presidentor Vice-Presidentof 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 headquartersis situated. reSubstituted by Act I I of 1999.
voL. t9 No.4
THE KERAI.A,PANCHAYATMJ ACT
723
(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 Presidentor Vice-Presidentofa 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 PresidentandVice- President Gazetted Officer, by registered post, tender or ofa Panchayatat 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 Substitutedby Act 7 of 1995. " Substitutedby Act l3 of 1999.
724
JOURNALOF INDIANSCHOOLOFPOLITICALECONOMY
OCT-DEC2OO7
(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-presidentshall exercisethe functionsof time to time: the presidentuntil a new presidentassumesoffice. (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 suchcircumstancesasmay be prescribed,veston (f; cause to be prepared all statements and the vice-presidentof 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 sub-section(l) of section 162,shall perform the imposedupon him by this Act or rules madethere functionsofthe Presidenttill a new Presidentor under. Vice-Presidentassumesoffice 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 the President or Vice President or Chairman of Panchayat,and the immediate executionor doing any Standing Committee assumesoffice.l ofwhichis, in his opinion,necessary forthe safety
tt substitutedbv Act 13of 1999. 2oomitted by Act z of 1995.
voL.19 NO.4
THE KEMI.A, PANCHAYATMJ ACT
725
(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 " 116;The Presidentofthe Panchayatshall also resolutionpassedby the Panchayat,which in his have the following powers, namely: opinion hasnot passedin accordancewith 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 necessarythe attendanceofthe 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 procedureaid 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 concernedas 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 ll Omittedby Act 13of 1999. by Act 7 of 1995. " Substituted
726
JOU RNALOF INDIAN SCHOOLOF POLNICAL ECONOMY
OCT-DEC2OO7
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 authorisedunder 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 soonasthemeetingconvenedunderthis 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 considerationofwhich it has beenconvenedand 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 Presidentor 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. reason of his absence from station or otherwise:
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
28 S u b s r i t u t ebdy A c t I 3 o f 1 9 9 9 . " Substitutedby Act 7 of 1995. " Insertedbv Act I I of 1999.
voL. t9 No.4
THE KERAI.APANCHAYATMJ ACT
727
(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.3a1**'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 resolutionandto interpellatethe Government by the officer referred to in Presidentor the Chairmanof StandingCommittee (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 subsequentmotion expressing want of confidence in the same President or Vice-Presidentor 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.
''
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. "It substituteilbv Act 13 of 1999. Substitutedbi Act l3 of 1999.
(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 Panchayatareaon thedefault madein the work 37 [and the scheme] undertakenby the Panchayat or regarding other matters of public importance. 381159. Panchayat Members, to StatementsRegarding Assets.-
Submit
(l) A member of the panchayat shall, within threemonthsfrom the dateof assuminghis office, file a statementof assetsand liabilities of himself and of the members of his familv. in the form
'lErqtq5l
728
TOURNALOF INDIAN SCHOOLOF POLITICAL ECONOMY
OCT.DEC2MT
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 filed a statementunder sub-section(l) acquires any assetin the name of himself or other members of his family or disposesor createsnay 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. a statementunder sub-section(1) or subsection (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 suitableconveyancefor the use ofthe President liable to be proceededagainstin accordancewith 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]. panchayatunder 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 Panchayatmeans, 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.
EFg:
voL. 19NO.4
THE KEMIA PANCHAYATM] ACT
729
CHAPTERXV MEETINGS,POWERS. FTJNCTIONS. DUTIES ANDPROPERTY OF PANCHAYATS
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 Panchayator of (l) The meetings of a Panchayatat any level the committeeduring the discussionof any such 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. [03(8) Any member, who was present at a (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: 42Insertedby Act 13of 1999. a3 substituted bv Act l3 of 1999. e Substituted by Act l3 of 1999.
730
(a) In a Village Panchayat
(b) In a block Panchayat
JOURNALOF INDIAN SCHOOLOF POLNICAL ECONOMY
(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
ocT-DEC2007
(6) The Vice-President shall be an ex-officio member and chairman of the standing committee for financeandthePresidentshallbe an ex-officio member of all standing committees without the right to vote.
(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-Presidentshall be electedas a member in chairmanship of the standing committee shall any of the standing committee and the number of give in personor sendthroughregisteredposthis 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 casualvacancyof 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.
(c) In a District Panchayat
voL.19NO.4
THE KEMI^A PANCHAYATRAJACT
731
( 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 scheduledcaste-scheduled tribe, developmentof 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 thestandingcommitteeforfinancemay bemoved environment; subject to the prescribed provisions and (b) In the Block Panchayat,proceduresand 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,generaladministrationandsubjects 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 subjectslike developmentplanning, 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-economicplanning, agriculture, public works, housing, regulation of building soil conservation, animal husbandry, minor construction,electricity,etc.; irrigation, fisheries and small scale industry, etc.
732
JOU RNALOF INDIAN SCHOOLOF POLNICAL ECONOMY
OCT.DEC2AO7
(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 Educationshall deal with subjectslike 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-scheduledtribe. 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-Committeesand 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 sub-section(l l) of section 179 shall attendthe any work, scheme, project or plan, which may meetings of the respectivestanding committee consist of members of the Panchayatand others and render necessaryassistanceto the committee interested in public welfare who may be in the dischargeof its functions. nominated by the Panchayat.
45Substituted by Act 13 of 1999.
iF
voL.19NO.4
THE KERAI-APANCHAYATRAJACT
733
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 constituencyof village 166. Powers, Duties and Functions of Village panchayatbelongsto ScheduledTribe, they shall Panchayat. be deemedto be a Sub- Committee of the Grama Sabha comprised in the territorial area of that (1) ae1*'*1It 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
s[Provided
that it shall be the duty of the village panchayat to render services to the (2) The villagepanchayatmayconsriruteWard 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 committeesconstitutedunder 5r Schedule ;and to prepare and implement sub-section(l) and sub-section(2) shallbe aslaid schemes relating there to for economic down in the bye-laws of the panchayats developmentand socialjusticel concerned. (3) Village Panchayatshall 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 52Explanation. - 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
I Substitutedby Act l3 of 1999. Substitutedbv Act l3 of 1999. "' o'Ibid. oe Omitted by Act 13 of 1999. bv Act l3 of 1999. "'Aided '' Ibid. 5'zAddedby Act 13 of 1999.
persons who are willing to render service on
"IFIIIIF'
734
JOURNALOF INDIAN SCHOOLOF POLITICAL ECONOMY
OCT-DEC2OO7
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 assistanceto the exercisableby the village Panchayatauthoriseby 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
