The Kerala Panchayat Raj Act

THE KERALA PANCHAYAT
Raj Act 1994
CONTENTS
Chapter  1
Chapter  2
Chapter  3
Chapter  4
Chapter  5
Chapter  6
Chapter  7
Chapter 8
Preliminary
Grama Sabha
Constitution of Panchayats at Different Levels
Delimitation of Constituencies
Officers and Staff of State Election Commission
Preparation of Electoral Rolls
Qualifications and Disqualifications
Notification of General Elections and Administrative Machinery for
the Conduct of Elections
Chapter  9
Chapter  10
Chapter  11
Chapter  12
Chapter  13
Chapter  14
Chapter  15
Chapter  16
Chapter  17
Chapter  18
Chapter  19
Chapter  20
Chapter  21
Chapter  21A
Chapter  22
Chapter  23
Chapter  24
Chapter  25
Chapter  25A
Chapter  25B
Chapter  25C
Chapter 26
Conduct of Elections
Disputes Regarding Election
Corrupt Practices and Electoral Offences
Staff Election Commission
General Provisions Regarding Elections
Provision Relating to Members and President of Panchayats
Meetings, Powers, Functions, Duties and Property of Panchayats
Officers and Employees of Panchayats
Finance Commission and Its Powers
Functions of the Government
Finance and Taxation
Public Safety, Convenience and Health
Buildings
General and miscellaneous
Rules, Bye-Laws and Penalties for Their Breach
Penalties
Registration of Tutorial Institutions
Registration of Private Hospitals and Paramedical Institutions
Right to Information
Ombudsman for Local Self Government Institutions
Tribunal for Local Self Government Institutions
Supplemental Provisions.                     Schedule 1, 2,   3,   4,   5,   6,   7,   8.
CHAPTER 1
PRELIMINARY
Sections
1.
2.
Short tile, extend and commencement
Definitions
CHAPTER II
GRAMA SABHA
Sections
3. Grama Sabha
3A.               Powers, functions and rights of Grama          Sabha
3B.               Responsibilities of Grama Sabha
CHAPTER III
CONSTIUTION OF PANCHAYATS AT DIFFERENT LEVELS
Sections
4. Power of the Government to constitute and specify the name and headquarters of 
panchayat.
5. Incorporation and administration of Panchayats
6. Strength of Panchayats
7. Composition of Village Panchayat
8. Composition of Block Panchayat
9. Composition of District Panchayat
CHAPTER IV
DELIMITATION OF CONSTITUENTS
Sections
10. Division of Panchayats into constituents
10A Review of final orders by State Election Commission
11. Power to rectify printing mistakes etc.
Sections
12
13
14
15
Staff of State Election Commission 
District Election Officers Electoral 
Registration Officer Assistant Electoral 
Registration Officer
ctit
16
17
18
19
20
21
22
23
24
25
26
27
28
CHAPTER VI
PREPARATION OF ELECTORAL ROLL
Electoral roll for every constituency
Disqualifications for registration in an electoral roll
No person to be registered more than one constituency
No person to be registered more than once in any constituency
Conditions for registration
Meaning of ‘ordinarily resident’.
Preparation and revision of electoral rolls Correction of entries in
electoral rolls Inclusion of names in electoral rolls Appeals
Fee for applications and appeals Making false declarations
Breach of official duty in connection with the preparation etc. of electoral 
rolls.
ctit
29
30
31
32
33
34
35
55
A
36
37
CHAPTER VII
QUALIFICATIONS AND DISQUALIFICATIONS
Qualifications for membership of a Panchayat
Disqualification of officers and employees of Government, Local authorities 
etc.
Disqualification of persons convicted for certain offences Disqualification on 
ground of corrupt practices Dis  q  ualification for failure to lodge account of 
election expenses Disqualification of candidates Dis  q  ualification of members 
Cessation of membership
Determination of subsequent disqualification of a member Restoration of 
membership
CHAPTER VIII
NOTIFICATION OF GENERAL ELECTION AND ADMINISTRATIVE
MACHINERY FOR THE CONDUCT OF ELECTIONS
Sections
38 Notification for general election to Panchayats
39 Delegation of functions of State Election Commission
40 General duties of District Election Officers
40A          Election observers
41 Returning Officers
42 Assistant Returning Officers
43 Returning Officer to include. Assistant Returning Officers performing the 
functions of the Returning Officer
44 General duty of the Returning Officers
45 Provision of polling stations
46 Appointment of Presiding Officers for polling stations
47 General duty of the Presiding Officer
48 Duties of a polling officer
48A          Returning Officer, Presiding Officer etc. deemed to be on deputation to the
Election Commission
:ti(
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
$3
A
84
85
86
CHAPTER IX
CONDUCT OF ELECTIONS
Appointment of dates for nominations etc.
Public notice of election
Nomination of candidates for election
Presentation of nomination paper and requirements for a valid nomination
Deposits
Notice of nominations and the time and place for their scrutiny
Scrutin  y   of nominations
Withdrawal of candidature
Publication of list of contesting candidates
Election agents
Disqualification for being an election agent
Revocation of the appointment or death of an election agent
Functions of election agents
Appointment of polling agents
Appointment of counting agents
Revocation of the appointment or death of a polling agent or counting agent
Functions of polling agents and counting agents
Attendance of contesting candidate or his election agent at polling stations and
performance by him of the functions of a polling agent or counting agent
Non-attendance of polling or counting agents
Death of candidate before poll
Procedure in contested and uncontested elections
Fixing time for poll
Adjournment of poll in emergencies
Fresh poll in the case of destruction, etc. of ballot boxes
Countermanding of election or adjournment of poll on the ground of booth
capturing
Manner of voting at elections
Special procedure for preventing personation of electors
Right to vote
Counting of votes
Destruction, loss etc. of ballot papers at the time of counting
Equality of votes
Declaration of results
Report of the result
Date of election of candidate
Publication of results of general election to the panchayat
Cessation of membership
Bye-elections to fill casual vacancies
Account of election expenses and maximum there of
Lodging of account with the officer authorized by the State Election
Commission
ctio
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
CHAPTER X
DISPUTES REGARDING ELECTIONS
Election petitions
The Court competent to try election petitions
Presentation of petitions
Parties to the   p  etition
Contents of petition
Relief that may be claimed by the petitioner
Trial of election petitions
Procedure before the Court
Documentary evidence
Secrecy of voting not to be infringed
Answering of criminating questions and certificate of indemnity
Expense of witnesses
Recrimination when seat claims
Decision of the Courts
Other order to be made by the Courts
Grounds for declaring election to be void
Grounds for which a candidate other than the returned candidate may be
declared to have been elected
Procedure in case of an equality of vote
Communication of orders of the Court
Transmission of order to the appropriate authority etc. and its publication
Effect of orders of the Court
Withdrawal of election   p  etitions
Procedure for withdrawal of election petition
Report of withdrawal by the Court to the State Election Commission
Abatement of election petitions
Abatement or substitution on death of respondent
Appeals
Procedure in appeal Security for costs
Security for costs from a respondent Costs
Payment of costs out of security deposits and return of such deposits 
Execution of orders as to costs
ctio
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
CHAPTER XI
CORRUPT PRACTICES AND ELECTORAL OFFENCES
Corrupt practices
Promoting enmity between the classes in connection with election
Prohibition of public meetings on the day preceding the election day and on
the election day
Disturbances at election meeting
Restrictions on the printing of pamphlets, posters etc.
Maintenance of secrecy of voting
Officers etc. at elections not to act for candidates or to influence voting
Prohibition of canvassing in or near polling stations
Penalty for disorderly conduct in or near polling stations
Penalty for misconduct at the polling station
Penalty for failure to observe procedure for voting
Penalty for illegal hiring or procuring of conveyances at elections
List of officers and staff of the Government Departments, local self
government/institutions or other authorities and educational institutions to be
furnished
Breaches of official duty in connection with elections
Requisitioning of premises etc. for election purposes
Penalty for Government servants of a local self government institution for
acting as election agent, polling agent or counting agent
Removal of ballot papers from polling station to be an offence
Offence of booth capturing
Other offences and penalties there for
Sections
139
140
141
142
Powers of the State Election Commission Statements made by 
persons to the State Election Commission Procedure to be 
followed by the State Election Commission Protection of action 
taken in good faith
ctio
143
144
145
146
147
148
149
150
151
CHAPTER XIII
GENERAL PROVISIONS REGARDING ELECTIONS
Extension of time for completion of election
Return or forfeiture of candidate’s deposit
Staff of every local self government institution to be made available
Special provision for adoption of Electoral roll of the Assembly constituency
Jurisdiction of civil courts barred
Expenses in connection with elections
Term of office of members
Special elections
Appointment of a Special Officer or an Administrative Committee on failure to 
constitute a Panchayat
CHAPTER XIV
PROVISION RELATING TO MEMBERS AND PRESIDENT OF PANCHAYATS
Sections
152. Oath or affirmation by members.
153. Election of President or Vice-President.
154. Duty of retiring President etc., to hand over charge of office.
155. Resignation of President, Vice-President or Members
156. Functions of President and Vice-President.
157. Motion of no-confidence.
158. Right of individual members.
159. Members of the Panchayat to submit statements regarding Assets
160. Honorarium to members of Panchayats and other perquisites of the President of 
District Panchayats.
CHAPTER XV
MEETINGS, POWERS, FUNCTIONS, DUTIES AND PROPERTY OF
PANCHAYATS
Sections
161.
162.
162A.
162B
163.
164.
165.
166.
167.
168.
169.
170.
171.
172.
163.  
173A.
174.
175.
164.  
176A. 
176B.
177.
178.
Meetin  g  s of Panchayats
Standing Committees.
Subjects to be dealt with by the Standing Committee,
Steering Committee.
Constitution of Functional Committees.
Sub Committees and Ward Committees.
Constitution of Joint Committee.
Powers, duties and functions of Village Panchayats
Transfer to Village Panchayats of functions, institutions or works.
Maintenance of common dis  p  ensaries, child welfare centres, etc.
Vesting of public Roads in Village Panchayats.
Panchayats to maintain roads properly.
Vesting of community property or income in Village Panchayats.
Powers, duties and functions of Block Panchayats.
Powers, duties and functions of District Panchayats.
Managing Committee for Public Health Institutions.
Delegation of powers and functions of Government to Panchayats.
Preparation of Development Plans by Panchayats.
Entrustment of schemes to Panchayats for implementation.
Control of the Panchayat over electrical undertakings.
Provision for lighting public streets.
Power to accept donations and trusts.
Acquisition of immovable property required by the Panchayat.
CHAPTER XVI
OFFICERS AND EMPLOYEES OF PANCHAYATS
Sections
179.
180.
181.
182.
183.
184.
183.  
185A 
185 B
Appointment of Secretaries.
Officers and employees of Panchayat.
Power of the Government to lend the services of their officers and employees
to Panchayats.
Powers and functions of the Secretar  y  .
Exercise of functions of Secretary by other officers in certain cases.
Dele  g  ation of functions of Secretary.
Channel of correspondence.
Relationship between elected authorities and officers.
Exercise of Statutory functions by the officers.
CHAPTER XVII
FINANCE COMMISSION AND ITS POWERS
Section
186. Finance Commission
CHAPTER XVIII
FUCTIONS OF THE GOVERNMENT
Sections
187
188.
188A.
189.
190.
191.
192.
193.
194.
Administrative set up of Panchayat.
Power to inspect records etc., of Panchayats.
Technical supervision and inspection.
General Powers of Government to issue guidelines and conduct enquiry
Power to take action on default by a Panchayat President on Secretary.
Power of cancellation and suspension of resolutions etc.
Administration report of the Panchayat.
Dissolution of Panchayats.
Powers of officers taking action on behalf of or in default of Panchayat and
Liability of Panchayat fund.
CHAPTER XIX
FINANCE AND TAXATION
Sections
195.
195.  
196A.
197.
198.
199.
200.
201.
202.
203.
204.
203.
 
2
0
5
A
.
 
2
0
5
B
 
2
0
5
C
.
 
2
0
5
D
.
 
2
0
5
E
.
Grants and shares of taxes.
Grants and loans for schemes and Projects
Annual report on grants.
Power of Panchayat to raise loans.
Power of Panchayat to collect fixed fees.
Surcharge on tax on direction by the Government.
Taxes, cess etc. which may be levied by Village Panchayat.
[x x x x]Omitted
Basic tax grant.
Propert  y   tax
Profession tax.
Collection of profession tax by employers.
Statements, returns etc., to be confidential.
Requisition on owner or occupier to furnish list of persons liable to tax.
Requisition on employers or their representatives to furnish list.
Recovery of profession tax by employers.
Requisition to furnish name of institutions etc.
Assessment of profession tax by head of office, etc.
Issue of receipt for remittance.
Payment of tax by self-drawing officers.
Maintenance of demand re  g  ister.
Certificate of drawing and disbursing officers and self-drawing officers.
Penalty for no-payment of tax.
Duty on transfer of property.
Exemption from tax, cess etc.
Surcharge on property tax.
Tax on advertisement
Prohibition of advertisement without written permission of the Secretary
Owner or person in possession be deemed responsible.
Removal of unauthorised advertisement.
Collection of tax on advertisement.
Recovery of tax payable.
Recovery of arrears of tax, cess, etc.
Power to require Village Officer to collect taxes and fees due to Panchayats.
Panchayat funds.
Items of expenditure debitable to Panchayat fund.
Preparation and sanction of Budget.
Accounts and audit.
Contribution to the expenditure by other local self Government Institutions
Recovery of loans and advances made by Government.
CHAPTER XX
PUBLIC SAFETY, CONVENIENCE AND HEALTH
Sections
218.
219.
219A
219B
219C.
219D.
219E.
219F.
219G.
219H.
219I.
219J.
219K.
219L.
219M.
219N.
219O.
219P.
219Q.
219R.
219S.
220.
221.
222.
223.
224.
225.
226.
Vestin  g   of watercourse, springs, reservoirs, etc. in Village Panchayats.
Contributions from persons having control over places of pilgrimage, etc.
Villa  g  e Panchayat to arrange for the removal of rubbish, solid waste and filth.
Duty of owners and occupiers for collection and deposit of rubbish and solid
waste.
Contract with owner or occupier for removal of rubbish or filth.
Introduction of house-to-house collection of rubbish.
Rubbish and other solid waste shall be the property of the Village Panchayat.
Provision for final disposal of solid waste.
Provision for processing of solid waste.
Removal of rubbish and solid waste accumulated on non-residential premises.
Prohibition of improper disposal of carcases, rubbish and filth.
Prohibition of keeping filth on premises
Prohibition against allowing outflow of filth.
Prohibition of disposal of skin.
Prohibition of using any cart without cover for the removal of filth etc.
Prohibition of deposit of rubbish or filth in public places.
Prohibition against nuisance in public streets etc.
Presumption as to offender.
The employees of the Village Panchayat engaged in rubbish and solid waste
management service prohibited from depositing waste at a place other than
specified etc.
Power to inspect premises for sanitary purposes.
Punishment for depositing or throwing any rubbish or solid waste in
contraction of the provisions of this Act.
Prohibition of construction in or over public roads, etc.
Public Markets.
Licensing of private markets.
Levy of the licensees of private markets.
Prohibition of sale in unlicensed private markets, etc.
Prohibition against sale in public roads.
Prevention of persons suffering from contagious diseases from entering
markets.
Public Halting Places
Sections
227. Public landing places and cart-stands etc.
228. Private cart stands.
Slaughter Houses
229. Public slaughterhouses.
230. Licence for slaughter houses.
230A. Slaughter houses to be maintained properly.
231 Slaughter of animals for sale as food and power of inspection.
Dangerous and offensive Trades and Factories.
232. Purpose for which places may not be used without a licence.
233. Permission for the construction of factories and the installation of machinery.
233A Abatement of nuisance caused by factory, workshop, etc.
233B. Exemptions
233C. Consultations with the Panchayat for opening Government industrial estate, 
industrial development area, etc.
234. Power of Government to make rules in respect of the grant and renewal of 
licences and permissions.
234A. Vesting of the existing water supply and sewerage services under the water authority 
with the Panchayat.
234B. Administrative powers of the Panchayat in respect of the existing water supply and 
sewerage schemes.
234C. The power of the Panchayat in the preparation and execution of schemes related to 
water supply and sewerage works.
CHAPTER XXI
BUILDINGS
Sections
235.
235A.
235B.
235C.
235D.
235E.
235F.
235G.
235H.
235I.
235J.
235K.
235L.
235M.
235N.
235O
235P.
235Q.
235R.
235S.
235T.
235U.
235V .
235W.
235X.
235Y .
235Z.
235AA.
235AB.
Numbering of Buildings.
Building Rules
Building site and construction or reconstruction of buildings.
Power of Village Panchayat to regulate further construction of certain classes
of buildings in particular streets or localities.
Building at corner of street.
Prohibition of construction of doors, ground floor windows and bars so as to
open outwards.
Application to construct or reconstruct buildings.
Requirement of prior approval of site.
Prohibition of commencement of work without   p  ermission
Period within which approval or disapproval shall be intimated.
Period within which Secretary is to grant or refuse to grant permission to
execute work.
Reference to Village Panchayat where Secretary makes delay in granting or
refusing approval or permission.
Grounds on which approval of building site or permission to construct or
reconstruct a building may be refused.
Lapse of permission
Power of Secretary to required alteration in work.
Stoppage of construction or reconstruction endangering human life.
Application to construct or reconstruct huts.
Prohibition of commencement of work without permission.
Period within which Secretary is to grant or refuse to grant permission to
execute the work.
Reference to Village Panchayat where Secretary causes delay in passing
orders.
Grounds on which permission to construct or reconstruct hut may be refused.
Lapse of permission.
Application of the provisions to alterations and additions.
Demolition or alternation of building works unlawfully, commenced, carrying
on or completed.
Order of stoppage of buildings or works in certain cases.
Certain buildin  g  s or sheds exempted.
Penalty for unlawfull construction of building.
Property tax to the buildings constructed unlawfully.
Power to regularise the unlawful building construction.
CHAPTER XXI A
GENERAL AND MISCELLANEOUS
Licences and permissions
Sections
236. General provisions regarding licenses and permissions.
237. Government not to obtain licenses and permission.
Notices, Orders, Permission etc.
238. Precautions in case of dangerous trees and pruning of hedges and trees.
239. Power of Panchayat for carrying out their functions.
Notices etc.
240. Form of notices and permission time for complying with notices, orders etc. 
and powers to enforce them.
Powers of entry and Inspection
241. Powers of entry and Inspection.
242. Power to call for information from Village Officers.
Limitation
243. Limitation for recovery of dues
244. Writing off irrecoverable amounts.
Prosecutions, Suits, etc.
245. Persons empowered to prosecute.
246. Composition of offences.
247. Prosecutions and composition to be reported to Panchayats.
248. Sanction for prosecution of President, Vice President, Chairman of a Standing 
Committee, members and Secretary of Panchayat.
249. Institution of suits against authorities of Panchayats, their officers, etc.
250. Protection of acts done in good faith.
251. Assessment etc. not to be impeached.
252. Duties of Police Officers.
253. [x x x x] Omitted
Sections
254.
255.
256.
Powers of Government to make rules. Penalties 
for breach of rules.
Bye-laws and penalties for the breach thereof.
CHAPTER XXIII
PENALTIES
Sections
257.
258.
259.
260.
261.
262.
263.
264.
General provisions regarding penalties specified in schedule.
Penalty for acting as President, Vice- President or member of a Panchayat
when disqualified.
Penalty for acquisition by an officer or employee or member of interest in
contract work.
Wrongful restraint of Secretary or his delegate.
Prohibition of obstruction of Panchayat etc.
Prohibition of removal of obliteration of notice.
Penalt  y   for not giving information or giving false information.
Fines to be credited to Panchayat.
CHAPTER XXIV
REGISTRATION OF TUTORIAL INSTIUTIONS
Sections
265.
266.
267.
268.
Definitions.
Registration of Tutorial Institutions.
Penalty for maintaining or running unregistered tutorial institution. [x x
x x] Omitted
CHAPTER XXV
REGISTRATION OF PRIV ATE HOSPITALS AND PARAMEDICAL
INSTITUIONS
Sections
269.
269.  
270A.
271.
Definitions.
Registration of Private hospitals and Private Para-medical institutions.
Penalty for maintaining and running Private hospitals and private para-medical
institutions without registration.
Collection of fees by the Village Panchayat.
Sections
271A.
271B.
271C.
271D.
271E.
CHAPTER XXV A
RIGHT TO INFORMATION
Definitions
Right to information.
Procedure for furnishing the information.
Penalty for withholding information.
Protection of action taken in good faith.
CHAPTER XXV B
OMBUDSMAN FOR LOCAL SELF GOVERNMENT INSTIUTIONS
Sections
271F.
271G.
271H
271I.
271J.
271K.
271L.
271M.
271N.
271O.
271P.
271Q.
271R.
Definitions.
Term of office and conditions of Service of the Ombudsman
Removal of Om  buds  man
Staff of the Ombudsman.
Functions of the Ombudsman.
Powers of the Ombudsman.
Services of Government Departments.
Investi  g  ation.
Enquiry.
Existing cases to be transferred to the Ombudsman.
Initiation of prosecution.
Disposal of complaints.
Procedures to be prescribed.
CHAPTER XXV C
TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS
Sections
271S.
271T.
271U.
Constitution of Tribunal for Local self Government Institutions.
Rendering of opinion on matters referred to by the Government.
Matters to be prescribed
CHAPTER XXVI
SUPPLEMENTAL PROVISIONS
Sections
272.  
272A.
273.
274.
275.
276.
277.
278.
279.
280.
281.
282.
283.
284.
285.
Public roads, markets, wells, tanks etc. to be open to all.
Citizens Charter to be published.
Power to farm out fees.
Extension of   p  rovisions of the Municipal laws or of the rules there under.
Delegation of powers etc.
Appeal and Revision.
Construction of reference to Panchayat and District Council.
Reference to President in other enactments and in notifications etc., issued
there under.
Village Panchayat to regulate the use of certain porambokes.
Power to remove difficulties.
Offences by companies.
Adjudication of disputes between Panchayats.
Power of Government to alter Schedules.
Repeal and savings.
Transitional provisions.
SCHEDULE I - VIII
First Schedule 
Second Schedule 
Third Schedule 
Fourth Schedule 
Fifth Sechedule 
Sixth Sechedule 
Seventh Sechedule 
Eighth Sechedule
Form of oath or affirmation
Form of oath or affirmation
Functions of Village Panchayat
Functions of Block Panchayat
Functions of District Panchayat
Penalties
Penalties for continuing breaches
Omitted
THE KERALA PANCHAYAT RAJ ACT, 1994
(Act 13 of 1994 as amended by Acts 7 of 1995, 7 of 1996, 8 of 1998, 11 of 1999, 13 of
1999,13 of 2000 ,12 of 2001, 9 of 2003, 3 of 2005 & Act 5 of 2005)
An Act to replace the present enactment relating to panchayats and District Councils by
a comprehensive enactment.
Preamble -  Whereas it is expedient to replace the present enactments relating to Panchayats
and district councils by a comprehensive enactment to establish a three-tier Panchayat Raj
system in the State in line with the Constitution (Seventy-third Amendment) Act, 1992, for
securing a great measure of participation of the people in planned development and in local
Governmental affairs, by constituting Village, block and district Panchayats;
And endow such Panchayats with such powers and authority to enable them to function as
institutions of self-Government.
And entrusting such panchayats the preparation of plans and implementation of schemes for
economic development and social justice including the implementation of schemes in relation
to the matters listed in the Eleventh Schedule to the Constitution:
Be it enacted in the Forty-fifth Year of the Republic of India as follow: -
CHAPTER I
PRELIMINARY
1. Short  title,  extent  and  commencement.-  (-1) This Act may be called the Kerala
Panchayat Raj Act, 1994.
(1) It extends to the whole of the State of Kerala except the areas which are within the limits
of the Cantonments, Nagar Panchayats, Municipal Councils, Municipal Corporations and
the Industrial areas of the State.
(2) It shall come into force at once.
2. Definitions.  - In this Act, unless the context, otherwise requires -
(i) ‘article’ means an article of the Constitutions of India.
(ii) ‘Block Panchayat’ means a block panchayat constituted at intermediate level
under clause (b) of sub-section, section 4;
(iii) ‘building’ includes a house, out-house, stable latrine, shed, hut and any other
structure, whether of masonry, bricks, wood, mud, metal or any other material
whatsoever:
(iv) ‘bye-election’ means an election other than general election.
(v) ‘candidate’ means  a  person  who  has  been  or  claims  to  have  been  duly
nominated as a candidate at any election:
(vi) ‘casual vacancy’ means a vacancy occurring otherwise than by efflux of time:
1[“ (vi) a. ‘Committee’ means - a standing committee constituted under this Act
or any other committee constituted by the panchayat for any specific purpose.
(vii) ‘constituency’ means  the  territorial  area  (by  whatever  name  called)  for  the
purpose of election of a member to a Panchayat at any level:
(viii) ‘corrupt practice’ means any of the practices specified in section 120:
(ix) ‘cost’ in relation to an election petition means all costs, changes and expenses
of, or incidental to, the trial of, an election petition;
(x) ‘district’ means a revenue district;
(xi) ‘district election officer’ means an officer designated or nominated by the State
Election Commission under sub-section (1) of section 13;
(xii) ‘district Panchayat’ means a district panchayat constituted at the district level
under clause (e) of sub-section (1) of section 4;
(xiii) ‘district panchayat area’ means the rural areas within a district to be notified by
the Government for the purpose of clause (c) of sub-section (1) of section 4.
(xiv) ‘election’ means an election to fill a seat in any of the constituencies in a
Panchayat at any level;
(xv) ‘elector’ in relation to a constituency (by whatever name called) means a person
whose name is entered in the electoral roll of that constituency, for the time
being in force, and who is not subject to any of the disqualifications mentioned
in section 17;
(xvi) ‘electoral right’ means the right of a person to stand or not to stand as or to
withdraw or not to withdraw from being, a candidate or to vote at an election;
(xvii) ‘general election’ means the election held under this Act for the constitution or
reconstitution of at panchayat after the expiry of its term or otherwise;
(xviii) ‘Government’ means the government of Kerala;
(xix) ‘house’ means  a  building  or  hut  used  or  fit  to  be  used  as  a  residence  or
otherwise  having  separate  principal  entrance  from  the  common  way  and
includes any shop, workshop or warehouse or any building, used for parking
vehicles or as a bus stand.
(xx) ‘hut’ means 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 whatever materials made, which a village panchayat may
declare to be a hut for the purpose of this Act;
(xxi) ‘intermediate  level’ means  a  level  between  the  village  and  district  levels
specified by the Governor under clause (c) of article 246;
[ (xxii) ‘Local Authority’ or Local self-Government institution means, a Panchayat at
any level constituted under section 4 of this Act or a Municipality constituted
under section 4 of the Kerala Municipality Act, 1994 (20 of 1994].
1 Inserted by Act 13 of 1999.
(xxiii) ‘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 other articles or commodity necessary for the
convenience of life provided that a single shop or a group of shops not being
more than six in number shall not be deemed a market;
(xxiv) ‘member’ means the member of a Panchayat at any level;
(xxv) ‘Panchayat’  means  a  village  panchayat,  a  block  panchayat  or  a  district
panchayat.
(xxvi) ‘Panchayat  area’  means  the  area  within  the  territorial  jurisdiction  of  a
panchayat;
(xxvii) ‘Political party’ means a political party registered under section 29A of the
Representation of the People Act, 1951 (Central Act 43 of 1951);
(xxviii) ‘polling  stations’ -  means  any  place  appointed  for  holding  election  to  a
Panchayat;
(xxix) ‘population’ means the population assessed at the last census the relevant details
of which have been officially published;
(xxx) ‘prescribed’ means prescribed by the rules made under this Act;
(xxxi) ‘President’ or ‘Vice-President’ means the President or the Vice-President of a
Village panchayat or block panchayat or district panchayat as the case may be;
(xxxii) ‘private market’ means any market other than a Public Market;
(xxxiii) ‘public market’ means any market owned, constructed, repaired or maintained
by a village panchayat;
(xxxiv) Public  holiday’  means  any  day  which  is  declared  as  a  holiday  by  the
Government;
(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
thoroughfare or not, and includes, -
(a) The road-way over any public bridge or causeway;
(b) The footway attached to any such road, public bridge or causeway; and
(c) The drains attached to any such road, public bridge or causeway, and the
land whether covered or not by any pavement, verandah or 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 preparation or revision of every electoral roll
means the 1st day of January of the year in which it is so prepared or 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 deemed to cease to reside in any such house or
portion thereof merely because he is absent from it or has elsewhere another
dwelling in which he resides if he is at liberty to return to such house at any
time and has not abandoned his intention of returning;
(xxiv) ‘returned candidate’ means a candidate whose name has been published under section 83;
(xxv) ‘Schedule Castes and Scheduled Tribes’ shall have the same meaning as in the Constitution of
India;
(xxvi) ‘Secretary’ means the  Secretary  of Village Panchayat or a  block Panchayat or a  District
Panchayat as the case may be;
(xxvii) ‘State’ means the State of Kerala;
(xxviii) ‘State  Election  Commission’ means  the  State  Election  Commissioner  appointed  by  the
Governor under article 243 K;
(xxix) ‘Taluk means a revenue Taluk;
(xxx) ‘Village’ means a Village specified by the Governor under clause (g) of article 243;
(xxxi) ‘village Officer’ means the ‘officer in charge of a revenue village;
(xxxii) ‘village panchayat’ means a village panchayat constituted for a village or for a group of
village under clause (a) of sub-section (1) of section 4;
(xxxiii) ‘water course’ includes any 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 assigned to them in the Constitution of India.
CHAPTER II
GRAMA SABHA
3. Grama  Sabha.-  (1)  For  the  purpose  of  this  chapter,  each  constituency  of  village
panchayat may be specified as a village under clause (g) of article 243.
(2) All persons whose names are included in the electoral rolls relating to a village
comprised within the area of a village panchayat shall be deemed to be constituted as
Grama Sabha of such village.
(3) [ Grama Sabha shall meet at least once in three months at the place fixed by the
Village Panchayat and to such meetings, the convenor of the Village Panchayat shall,
compulsorily invite the member of the Block Panchayat, the District Panchayat and the
Legislative Assembly representing the area of the Grama Sabha.
Provided that the Convenor shall, on a request in writing made by not less than ten per
cent of the members of any Grama Sabha, convene a special meeting of the Grama Sabha
within fifteen days with the agenda given along with the request.
Provided further that such special meeting shall be convened only once within the period
between two general meetings]
(4) The member of a village panchayat representing the constituency comprised in the area of
a village shall be the convenor of that Grama Sabha; however due to any reason, physical
or otherwise, the convenor is unable to perform his functions as such, the President may
appoint a member representing any adjacent constituency as the convenor.
(5) Every meeting of the Grama Sabha shall be presided over by the President of the village
panchayat or in his absence the vice-president or in the absence of both of them by the
convenor of Grama Sabhas.
(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 annual statement of accounts and the administration report of the preceding
year. If in any circumstances, any decision of the grama sabha could not be implemented,
the president shall report the reason therefore, before the Grama Sabha.
(7) The village panchayats, the block panchayats and the district panchayats shall give due
consideration to the recommendations and suggestions, if any, of the Grama Sabha.
[ x x x x x x]3 4
3 Inserted  by
Act 13 of 1999.4 Omitted  by
Act 13 of 1999.
5[3 A Powers, function and rights of the Grama Sabha. -  (1) Grama Sabha shall, in
such manner and subject to such procedure, as may be prescribed, perform the following
powers and functions, namely: -
(a) to  render  assistance  in  the  collection  and  compilation  of  details  required  to
formulate development plans of the panchayat;
(b) to formulate the proposals and fixing of priority of schemes and development
programmes to be implemented in the area of Village Panchayat;
(c) to prepare and submit to the Village Panchayat a final list of eligible beneficiaries
in the order of priority relating to the beneficiary oriented schemes on the basic of
the criteria fixed;
(d) to  render  assistance  to  implement  effectively  the  development  schemes  by
providing facilities locally required;
(e) to provide and mobilise voluntary service and contribution in cash or in kind
necessary for the development plans;
(f) suggesting the location of street lights, street or community water taps, public
wells, public sanitation units, irrigation facilities and such other public utility
schemes;
(g) to  formulate  schemes  to  impart  awareness  on  matters  of  public  interest  like
cleanliness, environmental protection, pollution control and to give protection
against social evils like corruption, illicit and clandestine transactions;
(h) to promote harmony and unity among various groups of people within the area of
the Grama Sabha and to organise arts and sports festivals to develop good will
among the people of that locality;
(i) to monitor and render assistance to the beneficiary communities engaged in the
developmental activities within the area of the Village Panchayat.
(j) to verify the eligibility of persons getting various kinds of welfare assistance from
the Government such as pensions and subsidies;
(k) to collect information regarding the detailed estimates of works proposed to be
implemented in the area of the Grama Sabha;
(l) to make available details regarding the services to the rendered and the activities
proposed to be done by the concerned officials in the succeeding three months;
(m) to know the rationale behind every decision taken by the panchayat regarding the
area of the Grama Sabha;
(n) to know the follow up action taken on the decisions of the Grama Sabha and the
detailed reasons for not implementing any of the decisions;
(o) to  co-operate  with  the  employees  of  the  village  panchayats  in  the  sanitation
processes and rendering voluntary service for the removal of garbage;
(p)  to find out the deficiencies in the arrangements for water supply, street lighting
etc. within the area of the Grama Sabha and to suggest remedial measures;
(q) to assist the activities of parent-teacher associations of the schools within the area
of the Grama Sabha;
(r) to assist the public health activities especially prevention of diseases and family
welfare, within the area of the Grama Sabha.
5Inserted by Act 13 of 1999.
(s) to perform such other functions as may be prescribed from 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 details of plan outlay, item wise
allocation of funds and details of the estimates and cost of materials of works executed or
proposed to be executed within the area of the Grama Sabha.
(3) The Audit report of the performance audit report placed for the consideration of the
Grama Sabha shall be discussed in the meeting and its views, recommendations and
suggestions shall be communicated to the concerned village panchayat.
(4) The quorum of the Grama Sabha shall be ten per cent of the number of voters of its area
and the procedure for convening and conducting meetings of the Grama Sabha shall be
such as may be prescribed.
Provided that the quorum of the meting of a Grama Sabha which was adjourned earlier
for want of quorum shall be fifty when convened again.
(5) The Officers of the Village Panchayats shall attend the meetings of the Grama Sabha as
may be required by the President and an officer nominated by the Village Panchayat as
the  co-ordinator  of  the  Grama  Sabha  shall  assist  the  convenor  in  convening  and
conducting the meetings of the Grama Sabha and in recording its decisions in the Minutes
Book and also in taking up follow up action thereon.
(6) The Grama Sabha may appoint, elect or constitute, general or special sub-committees for
the  detailed  discussions  on  any  issues  or  programmes  and  for  the  effective
implementation of the schemes and the decisions and in furtherance of its rights and
responsibilities.
Provided that such committees shall consist of not less than ten members of whom, not
less than half shall be women.
(7) Resolutions may be passed on majority basis, in the meetings of the Grama Sabha in
respect of any issue with in its jurisdiction, however, effort should be made to take
decision on the basis of general consensus as far as possible.
(8) When  beneficiaries are to  be selected according to  any scheme,  project  or plan, the
criticism for eligibility and order of priority shall be fixed by the panchayat subject o the
terms and conditions prescribed in the scheme, project or plan and such criterion shall be
published in the manner prescribed and intimated to the Grama Sabha.
(9) The priority list prepared by Grama Panchayat after inviting applications for the selection
of beneficiaries and conducting enquiries on the application received, shall be scrutinised
at the meeting of the Grama Sabha in which the applicants are also invited and a final list
of the deserving beneficiaries, in the order of priority, shall be prepared and sent for the
approval of the Grama Panchayats.
Provided that the Village Panchayat shall not change the order of priority in the list sent by 
the Grama Sabha for approval:
3. B. Responsibilities of Grama Sabha. -  (1) The Grama Sabha shall have the following 
responsibilities namely: -
(i) dissemination of information regarding developmental and welfare activities;
(ii) participating in and canvassing of programmes of Health and Literacy and such 
other time bound developmental programmes;
(iii) collecting essential socio-economic data;
(iv) providing feed back on the performance of development programmes;
(v) resort to moral sanction to pay taxes, repayment of loans promote environmental cleanliness and 
to maintain social harmony;
(vi) mobilise local resources to augment resources of the panchayat;
(vii) supervising development activities as volunteer teams and
(viii) make arrangements for reporting urgently incidence of epidemics, natural 
calamities, etc.
(2) The Grama Sabha shall make periodical reports to the village panchayats in respect of 
matters specified in a section 3 A.]
CHAPTER III
CONSTITUTION OF PANCHAYATS AT DIFFERENT LEVELS
4. Power  of  the  Government  in  constitute  and  specify  the  name  and
headquarter  of  Panchayat.  - (1) The Government shall, by notification in the Gazette,
constitute with effect from such date as may be specified in the notification: -
(a) a village panchayat for each village or for group of villages.
(b) a block panchayat at intermediate level; and
(c) a district panchayat for each district panchayat area and specify the names and 
headquarters of such panchayats.
(2) The Government may, at the request of the panchayat concerned, or after consultation
with the panchayat and after previous publication of the proposal by notification, -
(a) increase the area of any village panchayat by including within such panchayat 
area any village or group of villages;
(b) diminish the area of any village panchayat by excluding from such panchayat 
area any village or group of villages;
(c) alter the headquarters of a panchayat at any level; or
(d) alter the name of a panchayat at any level;
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 of the term of the existing
committee of that panchayat.
(3) The Government may after consultation with the panchayat, pass such orders as they
deem fit as in the disposal of any part of the property vested in a village panchayat which has
ceased to exercise jurisdiction over any village or group of villages and the discharge of the
liabilities of the village panchayat relating to such property or arising from such village
including all matters concerned there with or incidental thereto.
(4) Incorporation  and administration of panchayats.  - (1) Every panchayat shall be a body corporate by
the name of the panchayat specified in the notification issued under section 4, shall have perpetual succession and
a common seal and shall, subject to any restriction or qualification imposed by or under this Act or any other law,
be vested with the capacity of suing or being issued in its corporat

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