State of Kerala - Act
Kerala Panchayat Raj Act, 1994
KERALA
India
India
Kerala Panchayat Raj Act, 1994
Act 13 of 1994
- Published on 31 March 2013
- Commenced on 31 March 2013
- [This is the version of this document from 18 February 2020.]
- [Note: The original publication document is not available and this content could not be verified.]
- [Amended by THE KERALA PANCHAYAT RAJ (AMENDMENT) ACT, 2020 (Act 2 of 2020) on 18 February 2020]
Chapter I
Preliminary
1. Short title, extent and commencement.
2. Definitions.
- In this Act, unless the context, otherwise requires -Chapter II
Grama Sabha
3. Grama Sabha.
3A. [ Powers, function and rights of the Grama Sabha. [Inserted by Act 13 of 1999.]
3B. Responsibilities of Grama Sabha.
Chapter III
Constitution of Panchayats at Different Levels
4. Power of the Government in constitute and specify the name and headquarter 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 the District Panchayat.
Chapter IV
Delimitation of Constituencies
10. Division of Panchayats into Constituencies.
- [(1) [The Government shall by notification in the Gazette, constitute a Delimitation Commission consisting of the State Election Commission as the Chairman and four Officers, not below the rank of Secretary to Government, as member. The said Delimitation Commission shall, as soon as may be after fixing the strength of a Panchayat at any level under section 6 and after determining the number of seats to be reserves for Scheduled Castes, Schedules Tribes and for Women] [Substituted by Act 3 of 2005.] -(a)divide every Panchayat into as many constituencies as there are seat and fix the boundaries of such constituencies:Provided that the population of each constituency shall, as far as practicable, be the same throughout the panchayat area:Provided further that where the territorial area of a Block Panchayat is divided into constituencies, the boundaries of such constituencies shall not divide any constituency of any Village Panchayat and where the territorial area of a District Panchayat as divided into constituencies the boundaries of such constituencies shall not divide any constituency of any Village Panchayat or of any Block Panchayat, into more than one division.(b)[ ***] [Clause (b) Omitted by Act 3 of 2005.]10A. [ [Section 10A Omitted by Act 3 of 2005.]
***]11. Power to rectify Printing mistakes, etc.
- [The State Election Commission authorised by it] [Inserted by Act 13 of 2000] [or the Delimitation Commission] [Inserted by Act 3 of 2005] may from time to time correct any printing mistake in any order made under section 10 or any error therein arising from an inadvertent slip or omission.Chapter V
Officers and Staff of State Election Commission
12. Staff of the State Election Commission.
13. District Election officers.
14. Electoral Registration Officer.
15. Assistant Electoral Registration Officer.
Chapter VI
Preparation of Electoral Rolls
16. Electoral roll for every constituency.
17. Disqualifications for registration in an electoral roll.
18. No person to be registered in more than one constituency.
- No persons shall be entitled to be registered in the electoral roll for more than one constituency.19. No person to be registered more than once in any constituency.
- No person shall be entitled to be registered in the electoral roll, for any constituency more than once.20. Conditions of registrations.
- Subject to the foregoing, provisions of this Chapter, every person who: -21. Meaning of 'ordinarily resident'.
21A. [ Special provision for the non-resident Indians to get themselves registered in the electoral roll. [Inserted by Act No. 34 of 2014, dated 23.12.2014.]
- Notwithstanding anything to the contrary contained in other provisions of this Chapter, any citizen of India as mentioned in section 20A of the Representation of the People Act, 1950 (Central Act 43 of 1950) shall be entitled to get himself registered as an elector in the electoral roll of the constituency in which his place of residence in India as indicated in his passport is situated.]22. Preparation and revision of electoral rolls.
23. Correction of entries in electoral rolls.
- If the electoral registration officer for a constituency, on application made to him or on his own motion, is satisfied, after such inquiry as he thinks fit, that any entry in the electoral roll of the constituency, of a panchayat, -24. Inclusion of names in electoral rolls.
25. Appeals.
- An appeal shall be within such time and in such manner, as may be prescribed, to the district election officer from any order of the electoral registration officer under section 23 or section 24.26. Fee for applications and appeals.
- Every application under section 23 or section 24 and every appeal under section 25 shall be accompanied by the prescribed fee which shall, in no case, be refunded.27. Making false declarations.
- If any person makes in connection with -28. Breach of official duty in connection with the preparation etc., of electoral rolls.
Chapter VII
Qualifications and Disqualifications
29. Qualifications for membership of a Panchayat.
- A person shall not be qualified for chosen to fill a seat in a panchayat at any level unless: -30. Disqualification of officers and employees of Government, local authorities etc.
31. Disqualification of persons convicted for certain offences.
- Every person convicted of an offence punishable under Chapter IX-A of the Indian Penal Code, 1860 (Central Act 45 of 1860) or under any other provision of law mentioned in section 8 of the Representation of People Act, 1951 (Central Act 43 of 1951) or under any law or rule relating to the infringement of the secrecy of an election, shall be disqualified from voting or from being elected in any election to which this Act applies or from holding the office of a member of a panchayat at any level for a period of six years from the date of his conviction.32. Disqualification on ground of corrupt practices.
- The case of every person found guilty of a corrupt practice by an order under section 101 shall be submitted as soon as may be after such order takes effect, by such authority as the Government may specify in this behalf, to the Governor or determination of the question as to whether such person shall be disqualified and if so, for what period.Provided that the period for which any person may be disqualified under this sub-section shall in no case exceed six years from the date on which the order made in relation to him under section 101 takes effect.33. Disqualification for failure to lodge account of election expenses.
- If the State Election Commission is satisfied that a person -34. Disqualification of candidates.
35. Disqualifications of members.
- [(1)] [Renumbered by Act 11 of 2007.] Subject to the provisions of section 36, or section 102 a member shall cease to hold office as such, if he -(a)[ is found guilty as described under clause (b) of sub-section (1) of section 34 or is sentenced for such an offence; or] [Inserted by Act 13 of 1999.](b)has been adjudged to be of unsound mind; or(c)has voluntarily acquired the citizenship of a foreign State; or(d)has been sentenced by a criminal court for any electoral offence punishable under section 136 [***] [Omitted by Act 7 of 1995.] Section 138 or has been disqualified from exercising any electoral right on account of corrupt practices in connection with an election, and six years have not elapsed from the date of such sentence or disqualification; or(e)has applied to be adjudicated, or is adjudicated, an insolvent; or(f)acquires any interest in any subsisting contract made with, or work being done for, the Government or the panchayat concerned except as a shareholder (other than a director) in a company or except as permitted by rules made under this Act:Explanation. - A person shall not, by reason of his having a share or interest in any newspaper in which any advertisement relating to the affairs of the Government or the panchayat concerned may be inserted or by reason of his holding a debenture or being otherwise concerned in any loan raised by or on behalf of the Government or the panchayat, be disqualified under this clause; or(g)is employed as a paid legal practitioner on behalf of the Government or the panchayat concerned; or(h)ceases to reside within the area of the panchayat concerned; or(i)is debarred from practising as an Advocate or Vakil; or(j)is in arrears any kind due by him (otherwise than in a fiduciary capacity) to the Government or the panchayat concerned upto and inclusive of the previous year in respect of which a bill or notice has been duly served upon him and the time, if any, specified therein has expired; or(k)[ absents himself without the permission of the panchayat concerned from its meetings or the meeting of the standing committee thereof for a period of three consecutive months reckoned from the date of commencement of his term of office or of the last meeting that he attended, or of the restoration to office as member under sub-section (1) of section, 37 as the case may be, or if within the said period, only in less than three meetings of the panchayat or of the Standing Committee as the case may be, have been held, absents himself from three consecutive meetings held after the said date;] [Amended by Act 13 of 1999.]Provided that no meeting from which a member absented himself shall be counted against him under this clause if, -(i)due notice of that meeting was not given to him; or than that prescribed for an ordinary meeting; or(ii)the meeting was held after giving shorter notice than that prescribed for an ordinary meeting; or(iii)the meeting was held on a requisition of members; or[[Provided further that no permission shall be granted by the Panchayat to a member for absenting himself from meetings of the Panchayat or of the Standing Committee for a continuous period of more than six months.] [Amended by Act 13 of 1999.](l)is disqualified under any provisions of the Constitution or under any law for the time being in force for the purpose of election to the Legislature of the State; or(m)is disqualified under any other provision of this Act.(n)[ has been disqualified under the provision of Kerala Local Authorities (Prohibition of Defection) Act, 1999; or [Inserted by Act 13 of 1999.](o)is liable for the loss, waste or misuse caused to the panchayat;(p)has failed, twice consecutively to convene the meetings of the Grama Sabha, due once in three months of which he is the convenor; or(q)has failed to file declaration of his assets within the time limit prescribed under section 159.]35A. [ Cessation of membership. [Inserted by Act 11 of 2007.]
- No. member of a panchayat shall be a member of the Parliament or of the State Legislature at the same time and accordingly he shall cease to hold the office as a member of the Panchayat. -36. Determination of subsequent disqualification of a member.
37. Restoration of membership.
Chapter VIII
Notification of General Elections and Administrative Machinery for the Conduct of Elections.
38. Notification for general election to panchayats.
39. Delegation of functions of State Election Commission.
- The functions of the State Election Commission under this Act or the rules made there under, may subject to such general or special directions, if any, given by the State Election Commission in this behalf be performed also by the Secretary to the State Election Commission:Provided that the commission shall have power to examine any such decision taken by the Secretary either suo moto or on the basis of any complaint, and take suitable decision thereon.40. General duties of district election officers.
- Subject to the superintendence, direction and control of the State Election Commission the district election officer, shall coordinate and supervise all work, in the district in connection with the conduct of all elections to the panchayats in the district.40A. [ Election Observers. [Inserted by Act 13 of 1999.]
41. Returning Officers.
- For every Panchayat for every election to fill a seat or seats in the Panchayat, the State Election Commission, shall, consultation with the Government, designate or nominate [one or more returning Officer who shall be an Officer of the government or of a local Self Government Institutions:] [Substituted by Act 13 of 1999.]Provided that nothing in the section shall prevent the State Election Commission from designating or nominating the same person to be the returning Officer for more than one Panchayats lying adjacent.42. Assistant Returning Officers.
43. Returning officer to include assistant returning officers performing the functions of the returning officer.
- References in this Act to the returning officer shall, unless the context otherwise requires, be deemed to include an assistant returning officer performing any function which he is authorised to perform under sub-section (2) of section - 42.44. General duty of the returning officer.
- It shall be the general duty of the returning officer at any election to do all such acts and things as may be necessary for effectually conducting the election in the manner provided by this Act and the rules or orders made there under.45. Provision of polling stations.
- The district election officer shall with the previous approval of the State Election Commission provide sufficient number of polling stations for every panchayat within his jurisdiction, and shall publish in such manner as the State Election Commission may direct a list showing the polling stations so provided and the polling areas or groups of voters for which they have respectively been provided.46. Appointment of presiding officers for polling stations.
47. General duty of the presiding officer.
- It shall be the general duty of the presiding officer at a polling station to keep order there at and to see that the poll is fairly taken.48. Duties of a polling officer.
- It shall be the duty of the polling officers at a polling station to assist the presiding officer for such station in the performance of his functions.48A. [ Returning Officer, Presiding Officer etc. be deemed to be on deputation to the Election Commission. [Added by Act 13 of 1999.]
- The Returning Officer, the Assistant Returning Officer, the Presiding Officer, the Polling Officer, any other Officer and any Police Officer designated for the time being to conduct a general election or bye-lection under the provisions of this Act shall be deemed to be on deputation to the State Election Commission for the period from the date of the notification for such election to the date of declaration of the result of such election and accordingly, such officers shall be subject to the control, supervision and command of the State Election Commission during that period.]Chapter IX
Conduct of Elections
49. Appointment of dates for nominations, etc.
- As soon as the notification calling upon the constituencies in a panchayat at any level to elect a member or members is issued, the State Election Commission shall, by notification in the Gazette, appoint -50. Public notice of election.
- On the issue of a notification, under section 49, the returning officer shall give public notice of the intended election in such form and manner, as may be prescribed, inviting nominations of candidates for such election and specifying the place at which the nomination papers are to be delivered.51. Nomination of candidates for election.
- Any person may be nominated as a candidate for election to fill a seat if he is qualified to be chosen to fill that seat under the provisions of the constitution and this Act;[Provided that a person nominated as a candidate to fill a seat in a constituency in a Panchayat shall not be nominated as a candidate for another constituency in the same Panchayat] [Substituted by Act 7 of 1995.].52. Presentation of nomination paper and requirements for a valid nomination.
53. Deposits.
54. Notice of nominations and the time and place for their security.
- The returning officer shall, on receiving the nomination paper under sub-section (1) of section 52, inform the person or persons delivering the same, of the date, time and place fixed for the scrutiny of nominations sand shall enter on the nomination paper its serial number, and shall sign thereon a certificate stating the date on which and the hour at which the nomination paper has been delivered to him; and shall, as soon as may be thereafter, cause to be affixed in some conspicuous place in his office a notice of the nomination containing descriptions both of the candidate and of the proposer as contained in the nomination paper.55. Scrutiny of nominations.
56. Withdrawal of candidature.
57. Publication of list of contesting candidates.
58. Election agents.
- A candidate at an election may appoint, in the prescribed manner any one person other than himself to be his election agent and when any such appointment is made notice of the appointment shall be given in the prescribed manner, to the returning officer.59. Disqualification for being an election agent.
- Any person who is for the time being disqualified under this Act for being a member of a panchayat shall be disqualified for being an election agent at any election.60. Revocation of the appointment or death of an election agent.
61. Functions of election agents.
- An election agent may perform such functions in connection with the election as are authorised by or under this Act to be performed by an election agent.62. Appointment of polling agents.
- A contesting candidate or his election agent may appoint, in the prescribed manner, such number of agents, and relief agents, as may be prescribed, to such number of agents, and relief agents, as may be prescribed, to act as polling agents of such candidate at each polling station provided under section 45.63. Appointment of Counting Agents.
- A contesting candidate or his election agent may appoint, in the prescribed manner one or more persons; but not exceeding such number, as may be prescribed, to be present as his counting agent or agents at the counting of votes, and when any such appointment is made notice of the appointment shall be given in the prescribed manner to the returning Officer.64. Revocation of the appointment of death of a polling agent or a counting agent.
65. Functions of polling agents and counting agents.
66. Attendance of a contesting candidate or his election agent at polling stations and performance by him of the functions of a polling agent or counting agent.
67. Non-attendance of polling or counting agents.
- Where any act or thing is required or authorised by or under this Act to be done in the presence of the polling or counting agents, the non-attendance of any such agent or agents at the time and place appointed for the purpose shall not, if the act or thing is otherwise duly done, invalidate the act or thing done.68. Death of candidate before poll.
- If a candidate whose nomination has been found valid on scrutiny under section 55 and who has not withdrawn his candidature under section 56 dies and a report of his death is received before the publication of the list of contesting candidates under section 57, or if a contesting candidate dies and a report of his death is received before the commencement of the poll, the Returning Officer shall, upon being satisfied of the fact of the death of the candidate, countermand the poll and report the fact to the State Election Commission and also to the Government and all proceedings with reference to the election shall be commenced a new in all respects as if for a new election:Provided that no further nomination shall be necessary in the case of a person who was a contesting candidate at the time of the countermanding of the poll:Provided further that no person who has given a notice of withdrawal of his candidature under sub-section (1) of section 56 before the countermanding of the poll shall be [intelligible] [Substituted by Act 7 of 1995.] for being nominated as a candidate for the election after such countermanding.69. Procedure in contested and uncontested elections.
70. Fixing time for poll.
- The State Election Commission shall fix the hours during which the poll will be taken, and the hours so fixed shall be published in such manner, as may be prescribed:Provided that the total period allotted on any one-day or polling at an election to a constituency shall not be less than eight hours between 7 a.m. and 5 p.m.71. Adjournment of poll in emergencies.
72. Fresh poll in the case of destruction, etc. of ballot boxes.
73. Countermanding of election or adjournment of poll on the ground of booth capturing.
74. Manner of voting at lection.
- At every election where a poll is taken votes shall be given by ballot in such manner as may be prescribed, and no votes shall be received by proxy.75. Special procedure for preventing personation of electors.
- With a view to preventing personation of electors provision may be made by rules made under this Act, -76. Right to vote.
77. Counting of votes.
- At every election where a poll is taken votes shall be counted by, or under the supervision and direction of, the Returning Officer and each contesting candidate, his election agent and his counting agents shall have a right to be present at the time of counting.78. Destruction, loss etc. of ballot papers at the time of counting.
- 1) If at any time before the counting of votes is completed any ballot papers used at a polling station or at a place fixed for the poll are unlawfully taken out of the custody of the returning officer or are accidentally or intentionally destroyed or lost or are damaged or tampered with, to such an extent that, the result of the poll at that polling station or place cannot be ascertained, the returning officer shall forthwith report the matter to the State Election Commission.79. Equality of votes.
- If, after the counting of the votes is completed, an equality of votes is found to exist between any candidates, and the addition of one vote will entitle any of those candidates to be declared elected, the returning officer shall forthwith decide between those candidates by lot, and proceed as if the candidate on whom the lot falls had received an additional vote.80. Declaration of results.
- When the counting of the votes has been completed, the returning officer shall, in the absence of any direction by the State Election Commission to the contrary, forthwith declare the result of the election in the manner provided by this Act or the rules made there under.81. Report of the result.
- As soon as may be after the result of an election has been declared, the returning officer shall report the result to the panchayat concerned, to the State Election Commission and to the Government, and the State Election Commission shall cause to be published in the Gazette the declarations containing the names of the elected candidates. The name or names of the elected candidate or candidates shall also be published on the notice board of the panchayat concerned.82. Date of election of candidate.
- For the purpose of this Act, the date on which a candidate is declared by the returning officer under the provisions of section 69, or section 80, to be elected to a panchayat shall be the date of election of that candidate.83. Publication of results of general elections to the panchayat.
- Where a general election is held for the purpose of constituting or reconstituting a panchayat there shall be notified by the State Election Commission in the Gazette, as soon as may be, after the results of the elections in all the constituencies, other than those in which the poll could not be taken for any reason on the date originally fixed under clause (d) of section 49 or for which the time for completion of the election has been extended under the provisions of section 143, have been declared by the returning officer under the provisions of the section 69 or, as the case may be, section 80, the names of the members elected for those constituencies and upon the publication of such notification the members shall be deemed to be duly elected;Provided that the publication of such notification shall not be deemed -(a)to prelude -83A. [ Cessation of membership. [Inserted by Act 7 or 1995.]
84. Bye-elections to fill casual vacancies.
85. Account of election expenses and maximum thereof.
86. [ Lodging of accounts [with the officer authorised by the State Election Commission]. [Substituted by Act 13 of 1999.]
- Every contesting candidate at an election shall, within 30 days from the date of election of the returned candidate lodge with the officer authorised by the State Election Commission, an account of his election expenses along with the connected records which shall be a true copy of the account kept by him or by his election agent under Section 85. The said officer shall, as soon as may be, immediately after the expiry of the said period of 30 days, make available to the officer appointed by the Commission, the accounts of election expenses received by him along with a list of candidates who did not lodge the accounts of election expenses prescribed by the Commission.]Chapter X
Disputes Regarding Election
87. Election petitions.
- No election shall be called in question except by an election petition presented in accordance with the provisions of this Chapter.88. The Court competent to try election petitions.
89. Presentation of petitions.
90. Parties to the petition.
- A petitioner shall join as respondents to his petition.91. Contents of petition.
92. Relief that may be claimed by the petitioner.
- A petitioner may, in addition to claiming a declaration that the election of the returned candidate is void, claim a further declaration that he himself or any other candidate has been duly elected.93. Trial of election petition.
94. Procedure before the court.
95. Documentary evidence.
- Notwithstanding anything in any enactment to the contrary, no document shall be inadmissible in evidence at the trail of an election petition on the ground that it is not duly stamped or registered.96. Secrecy of voting not be infringed.
- No witness or other person shall be required to state for whom he has voted at an election.97. Answering of criminating questions and certificate of indemnity.
98. Expenses of witnesses.
- the reasonable expenses incurred by any person in attending to give evidence may be allowed by the court to such person and shall, unless the court otherwise directs, be deemed to be part of the costs.99. Recrimination when seat claimed.
100. Decision of the court.
- At the conclusion of the trial of an election petition the court shall make an order -101. Other orders to be made by the court.
- At the time of making an order under section 100, the court shall also make an order -102. Grounds for declaring election to be void.
103. Grounds for which a candidate other than the returned candidate may be declared to have been elected.
- If any person who has lodged a petition has, in addition to calling in question the election of the returned candidate, claimed a declaration that he himself or any other candidate has been duly elected and the court is of opinion -104. Procedure in case of an equality of votes.
- If during the trial of an election petition it appears that there is an equality of votes between any candidates at the election and that the addition of one vote would entitle any of those candidates to be declared elected, then-105. Communication of orders of the court.
- The court shall, as soon as may be, after the conclusion of the trial of an election petition, intimate the substance of the order to the State Election Commission and the President of the Panchayat concerned and, as soon as may be, thereafter, shall send to the State Election Commission an authenticated copy of the order.106. Transmission of order to the appropriate authority etc., and its publication.
- As soon as may be after the receipt of any order made by the court under section 100 or section 101, the State Election Commission shall forward copies of the order to the President of the panchayat concerned and, shall cause the order to be published in such manner as the State Election Commission may deem fit.107. Effect of orders of the court.
108. Withdrawal of election petitions.
109. Procedure for withdrawal of election petition.
110. Report of withdrawal by the court to the State Election Commission.
- When an application for withdrawal is granted by the court and no person has been substituted as petitioner under clause (c) of sub-section (3) of section 109, in the place of the party withdrawing, the court shall report the fact to the State Election Commission.111. Abatement of election petitions.
112. Abatement or substitution on death of respondent.
- If before the conclusion of the trial of an election petition, the sole respondent dies or gives notice that he does not intend to oppose the petition or any of the respondents dies or gives such notice and there is no other respondent who is opposing the petition, the court shall cause notice of such even to be published in the Office of the Court, in the Office of the State Election Commission and in the office of the Panchayat concerned and thereupon any person who might have been a petitioner may, within fourteen days of such publication apply to be substituted in place of such respondent to oppose the petition, and shall be entitled to continue the proceedings upon such terms as the court may think fit.113. Appeals.
114. Procedure in appeal.
115. Security for costs.
116. Security for costs from a respondent.
- No person shall be entitled to be joined as a respondent under sub-section (3) of section 93 unless he has given such security for costs as the court may direct.117. Costs.
- Costs shall be in the discretion of the court, provided that where a petition is dismissed under clause (a) of section 100, the returned candidate shall be entitled to the costs incurred by him in contesting the petition and accordingly the court shall make an order for costs in favour of the returned candidate.118. Payment of costs out of security deposits and return of such deposits.
119. Execution of orders as to costs.
- Any order as to costs under the provisions of this Chapter may be produced before the principal civil court of original jurisdiction with the local limits of whose jurisdiction any person directed by such order to pay any sum of money has a place of residence or business and such court shall execute the order or cause the same to be executed in the same manner and by the same procedure as if it were a decree for the payment of money made by itself in a suit:Provided that where any such costs or any portion there of may be recovered by an application made under sub-section (1) of section 115, no application shall lie under this section within a period of one year from the date of such order unless it is for the recovery of the balance of any costs which has been left unrealised after an application has been made under that sub section owing to the insufficiency of the amount of the security deposits referred to in that sub section.Chapter XI
Corrupt Practices And Electoral Offences
120. Corrupt practices.
- The following shall be deemed to be corrupt practices for the purposes of this Act -121. Promoting enmity between classes in connection with election.
- Any person who in connection with an election, under this Act promotes or attempts to promote on grounds of religion, race, caste, community or language, feelings of enmity or hatred, between different classes of the citizens of India shall be punishable with imprisonment for a term which may extend to three years, or with fine which may extend to ten thousand rupees or with both.122. Prohibition of public meetings on the day preceding the lection day and on the election day.
123. Disturbances at election meetings.
124. Restrictions on the printing of pamphlet, posters, etc.
125. Maintenance of Secrecy of voting.
126. Officers, etc. at elections not to act for candidates or to influence voting.
127. Prohibition of canvassing in or near polling stations.
128. Penalty for disorderly conduct in or near polling stations.
129. Penalty for misconduct at the polling station.
130. Penalty for failure to observe procedure for voting.
- If any elector to whom a ballot paper has been issued, refuses to observe the procedure prescribed for voting, the ballot paper issued to him shall be liable for cancellation.131. Penalty for illegal hiring or procuring of conveyances at elections.
- If any person is guilty of any such corrupt practice as is specified in clause (6) of section 120 at or in connection with an election, he shall be punishable with fine which may extend to one thousand rupees.132. List of officers and staff of the Government Departments, local self Government institutions or other authorities [and educational institutions] to be furnished.
133. Breaches of official duty in connection with elections.
134. Requisitioning of premises etc. for election purposes,.
135. Penalty for Government servants or servants of a local self Government institution for acting as election agent, polling agent or counting agent.
- If any person in the service of the Government or of a local self Government institution acts as an election agent or a polling agent or a counting agent of a candidate at an election, he shall be punishable with imprisonment for a term which may extend to three months or with fine or with both.136. Removal of ballot papers from polling station to be an offence.
137. Offence of booth capturing.
- Whoever commits an offence of booth capturing shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to three years and with fine, and where such offence is committed by a person in the service of the Government or a local authority, he shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to five years and with fine.Explanation. - For the purposes of this section, 'booth capturing' includes among other things, all or any of the following activities, namely: -138. Other offences and penalties thereof.
Chapter XII
State Election Commission
139. Powers of the state Election Commission.
140. Statements made by persons to the State Election Commission.
- No statement made by a person in the course of giving evidence before the State Election Commission shall subject him to, or be used against him in, any Civil or criminal proceeding except a prosecution for giving false evidence by such statement.Provided that the statement -141. Procedure to be followed by the State Election Commission.
- The State Election Commission shall have the power to regulate its own procedure, including the fixing of places and times of its sittings and deciding whether to sit in public or in private.142. Protection of action taken in good faith.
- No suit, prosecution or other legal proceeding shall lie against the State Election Commission or any person acting under the direction of the Commission in respect of anything which is in good faith done or intended to be done in pursuance of the foregoing provisions of this Chapter or of any order made there under or in respect of the tendering of any opinion by the Commission to the Government or in respect of the publication, by or under the authority of the Commission of any such opinion, paper or proceedings.Chapter XIII
General Provisions Regarding Elections
143. Extension of time for completion of election.
- It shall be competent for the State Election Commission for reasons which it considers sufficient, to extend the time for the completion of any election by making necessary amendment in the notification issued by it under section 49.144. Return of forfeiture of candidates deposit.
145. Staff of every local Self Government Institution to be made available.
- Every department of the Government and every local Self Government institution or [other authorities and every educational institution including an aided school or private affiliated college] [Inserted by Act 7 of 1995.] in the State shall when so requested by the State Election Commission or the District Election Officer make available -146. Special provision for adoption of Electoral roll of the Assembly Constituency.
147. Jurisdiction of civil courts barred.
- No civil court shall have jurisdiction -148. Expensed in connection with elections.
- Funds to meet all expenses in connection with the elections to the panchayats including those in relation to the preparation of electoral rolls therefore, shall be provided by the Government at the first instance and such expenses shall be got reimbursed to the Government from the panchayats concerned in such manner as may be prescribed:Provided that if elections are conducted to different levels of the panchayats simultaneously then the total expenses for election to such panchayats shall be recovered only proportionately from the panchayats concerned.149. Term of office of members.
150. Special elections.
- If at a general election or bye-election no person is elected to fill the vacancy a fresh election shall be held within three months after the general election or bye-election, as the case may be, for such vacancy on such day as the State Election Commission may fix.151. Appointment of [Special officer or administrative committee or on failure to] [Inserted by Act 13 of 1999.] constitute a Panchayat.
Chapter XIV
Provision Relating to Members and President of Panchayats
152. [ Oath or affirmation by members. [Substituted by Act 13 of 1999.]
153. Election of President and Vice-President.
7. [ (a) The election shall be by open ballot and the member voting shall, record in writing his name and signature on the reverse side of the ballot paper.] [Substituted by Act 11 of 1999.]
154. Duty of retiring President, etc. to hand over charge of office.
155. [ Resignation of President, Vice-President or members. [Substituted by Act 7 of 1995.]
156. Function of President and Vice-President.
- Save as otherwise expressly provided by or under this act, the executive power for the purpose of carrying out the provisions of this act and the resolution passed by a panchayat shall vest in the President thereof who shall be directly responsible for the due fulfilment of the duties imposed upon the panchayat by or under this act.157. Motion of no confidence.
158. Right of individual members.
159. [ Panchayat members, to submit statements regarding assets. [Substituted by Act 13 of 1999.]
160. [Honorarium] [Substituted by Act 13 of 1999.] to members to Panchayats and other perquisites of the President of District Panchayats.
Chapter XV
Meetings, Powers, Functions, Duties and Property of Panchayats
161. Meetings of Panchayats.
162. [ Standing Committees. [Substituted by Act 13 of 1999.]
| (a) In a Village Panchayat | (1) Standing committee for Finance |
| (2) Standing Committee for Development | |
| (3) Standing Committee for Welfare. | |
| (b) In a block Panchayat | (1) Standing Committee for Finance |
| (2) Standing Committee for Development | |
| (3) Standing Committee for Welfare | |
| (c) In a District Panchayat | (1) Standing Committee for Finance |
| (2) Standing Committee for Development | |
| (3) Standing Committee for public works. | |
| (4) Standing Committee for Health and Education | |
| (5) Standing Committee for Welfare |
162A. Subjects to be dealt with by the standing committees.
162B. Steering Committee.
163. [ Constitution of Functional Committees. [Substituted by Act 13 of 1999.]
164. Sub-Committees and Ward Committees.
165. [ Constitution of joint Committee. [Substituted by Act 13 of 1999.]
166. Powers, duties and functions of village panchayat.
167. Transfer to village panchayats of functions, institutions or works.
168. Maintenance of common dispensaries, child welfare centres, etc.
- Subject to the provisions of this Act and the rules made there under, a village panchayat or two or more village panchayats together may establish and maintain common dispensaries, child welfare centres and institutions of such other kind as may be specified by the Government.169. [Vesting of Public roads in village panchayats. [Substituted by Act 13 of 1999.]
170. [ Panchayat to maintain the roads properly. [Substituted by Act 13 of 1999.]
171. Vesting of community property or income in village panchayats.
- any property or income which by custom belongs to or has been administered for the benefits of the villagers in common, or the holders in common of village land generally or of lands of a particularly description or of lands under a particular source of petty irrigation shall vest in the village panchayat to be administered by it for the benefit of the villagers or holders aforesaid.172. Powers, duties and functions of block panchayats.
173. Power, duties and functions of district panchayats.
173A. [ Managing Committee for Public health Institution. [Inserted by Act 13 of 1999.]
- There shall be constituted a Managing Committee, in the manner prescribed, consisting of not more than fifteen members including the Chairman, for every public health institutions transferred to the panchayat from Government].174. Delegation of powers and functions of Government to Panchayat.
175. [ Preparation of development plans by panchayats. [Substituted by Act 13 of 1999.]
176. Entrustment of schemes to panchayats for implementation.
176A. Control of the Panchayats over the Electrical undertakings.
- The administration by the panchayat over any Electrical undertaking intended for the generation, transmission, supply and consumption of electricity shall be subject to such restriction as prescribed which are not contrary to the Indian Electricity Act, 1910 (Central Act 9 of 1910) of the Electricity Supply Act, 1948 (Central Act 54 of 1948) or to the directions issued by the Kerala State Electricity Board from time to time and the conditions of the licence issued by the panchayat thereunder.176B. Provision for lighting public streets.
177. Power to accept donations and trusts.
- A panchayat may accept donations or trusts relating exclusively to the furtherance of any purpose to which its funds may be applied and shall apply the same solely for such purpose.178. Acquisition of immovable property required by the panchayat.
- Any immovable property which is required by a panchayat for a public purpose connected with the discharge of the functions imposed on it under this Act, or the rules or bye-laws made there under, or any other law, may be acquired under the provisions of the Land Acquisition Act, 1894 (Central Act 1 of 1894) and on payment of compensation awarded under that Act in respect of such property and of any other charges incurred in acquiring it, the said property shall stand transferred to and vest in the Panchayat:Provided that nothing contained in this section shall be deemed to prevent any panchayat from acquiring immovable property either through private purchase or any free surrenderChapter XVI
Officers and Employees of Panchayats
179. Appointment of Secretaries.
180. Officers and employees of Panchayat.
181. Power of the Government to lend the service of their officers and employees to Panchayat.
182. [Powers and functions of the Secretary.
- Subject to the provisions of this Act and the rules grade there under, Secretary the as executive officer of the panchayat shall, -]183. Exercise of functions of Secretary by other officers in certain cases.
- The Government, or any authority, authorised by Government may, by general or special order, authorise any officer working in the Panchayat to exercise all or any of the functions of the Secretary in his absence.184. Delegation of functions of Secretary.
- The Secretary, may with the permission of the President, delegate by order in writing any of his functions to any officer of the Panchayat, subject, to such restrictions and control, as he may, specify.185. Channel of Correspondence.
185A. [ Relationship between the elected authorities and officers. [Inserted by Act 13 of 1999.]
185B. Exercise of statutory functions by the officers.
- Where any officer of the panchayat is conferred with any statutory powers and functions to be exercised independently and solely, the panchayat, the panchayat President, Chairman of the Standing Committee or any member shall not interfere or influence in the exercise of such powers and functions by that officer.]Chapter XVII
Finance Commission and its Powers
186. Finance Commission.
Chapter XVIII
[Function of the Government] [Substituted by Act 13 of 1999.]
187. [ Administrative set up of Panchayat. [Substituted by Act 13 of 1999.]
- The administrative set up of panchayat in the State shall consist of Village Panchayats, Block Panchayats, District Panchayats and Grama Sabhas.]188. Power to inspect records etc. of Panchayats.
188A. [ Technical supervision and inspection. [Added by Act 13 of 1999.]
- The heads of Departments concerned and other technical officers nominated by them may inspect the works and development schemes implemented by any officer of that department under the control of any panchayat and also inspect relevant records pertaining to such works and development schemes, in the manner specified by the Government.]189. General power of Government to issue guidelines and to conduct enquiry.
190. Power or take action for default by a Panchayat President, or Secretary.
191. [ Power of cancellation and suspension of resolutions etc. [Substituted by Act 13 of 1999.]
192. [ Administration report of the Panchayat. [Substituted by Act 13 of 1999.]
193. [ Dissolution of Panchayats. [Substituted by Act 13 of 1999.]
194. Powers of officers taking action on behalf of or in default of Panchayat and liability of Panchayat fund.
- The Government or any other officer lawfully taking action on behalf, or in default, of a Panchayat under this Act shall have all such powers as are necessary for the purpose and shall be entitled to the same protection under this Act as the Panchayat or its employees whose powers are exercised; and compensation shall be recoverable from the Panchayat's fund by any person suffering damage from the exercise of such powers to the same extent, as if the action had been taken by the Panchayat or its employees.Chapter XIX
Finance and Taxation
195. [ Grants and shares of Taxes. [Substituted by Act 13 of 1999.]
196. Grants and loans for schemes and projects.
196A. [ Annual Report on Grants. [Inserted by Act 13 of 1999.]
197. Power of Panchayat to raise loan.
198. Power of Panchayat to collect fixed fees.
199. Surcharge on tax on direction by the Government.
200. Taxes cess etc, which may be levied by village panchayat.
201. [ [Omitted by Act 13 of 1999.]
*****] [Added by Act 13 of 1999.]202. Basic tax grant.
203. [ Property Tax. [Substituted by Act 13 of 1999.]
204. Profession tax.
205. Collection of profession tax by employers.
205A. [ Statements, Returns, etc, to be confidential. [Inserted by Act 13 of 1999.]
- All statements made, returns furnished or accounts or documents produced in connection with the assessment of profession tax payable by any company or person shall be treated as confidential and copies thereof shall not be issued to the public.205B. Requisition on owner or occupier to furnish list of persons liable to tax.
- The Secretary may, by notice, require the owner or the occupier of any building or land and every administrator or manager of a hotel, boarding or lodging house, club or residential chambers, to furnish within a specified time a list in writing containing the names of all persons occupying such building, land, hotel, boarding or lodging house, club or chambers and specifying the profession, art or employment of every such person and the rent, if any paid by them and the period of such occupation.205C. Requisition on employers or their representatives to furnish list.
- The Secretary may by notice require any employer or head of office or the administrator or the manager of any public or Private office, hotel, boarding or lodging house, club, firm or a company: -205D. Recovery of profession tax by employers.
- Notwithstanding anything contained in the foregoing provisions, every head of office, employer, manager, proprietor and any person in the administrative control of any office company, firm, undertaking, establishment or any institution, where persons are employed or engaged for salaries or wages, shall be bound to recover from any such person liable to profession tax, the profession tax due at the rate fixed by the village panchayat and pay over to the village panchayat as hereinafter provided.205E. Requisition to furnish name of Institutions etc.
205F. Assessment of profession tax by head of office etc.
205G. Issue of receipt for remittance.
205H. Payment of tax by self-drawing officers.
205I. Maintenance of Demand Register.
- The Secretary shall maintain a ward-wise Demand Register by providing independent pages for every institution specified in subsection205J. Certificate of drawing and disbursing officers and self drawing officers.
- A certificate shall be furnished along with the salary bill of the drawing and disbursing officer and the self-drawing officers relating to the month of February and August every year, to the effect that profession tax due in respect of all employees and himself, as the case may be has been paid and the details thereof have been furnished to the secretary and in the absence of such certificate the passing official shall not honour the bill.205K. Penalty for non-payment of tax.
- Where, at any time, it appears to the Secretary that any head of office or employer or self-drawing officer who are bound to furnish the details and remit the tax due as specified under sections 205 E, 205F and 205H has failed to furnish such details or to remit the tax due within the specified time, the secretary shall immediately thereafter take penal action against such defaulter or defaulters.Explanation. - For the purpose of this section and sections 205D to 205J (both inclusive) the expression Head of office or employer in relation to an office, institution, undertaking, establishment etc. means the person authorised to draw and disburse the salary or wages of the employees in such office, institution, undertaking or establishment.]206. Duty on transfer of property.
| Description of instrument | Amount on which duty should be levied |
| (1) | (2) |
| (i) Sale of immovable property | The amount or value of the consideration for thesale as set forth in the instrument. |
| (ii) Exchange of immovable property | The value of the property of the greatest valueas set forth in the instrument. |
| (iii) Gift of immovable property | The value of the property as set forth in theinstrument |
| (iv) Mortgage with possession of immovableproperty | The amount secured by the mortgage as set forthin the instrument |
| (v) [ (a) assignment on lease of immovableproperty for more than one year [Inserted by Act 7 of 1995.] | The same stamp duty on a bottomry bond (item 14of the Schedule to the Kerala Stamp Act, 1959) which may beremitted or payable as per the lease deed. |
| (b) assignment on lease of immovable propertyfor not less than one year but not more than five years. | The same stamp duty on a bottomry bond (item 14of the Schedule to the Kerala Stamp Act 1959) on one year'saverage lease amount or price fixed. |
| (c) assignment on lease of immovable propertyfor more than five years but not exceeding ten years. | The same stamp duty on a sale deed (items 21 or22, as the case may be, of the Schedule to the Kerala Stamp Act,1959) for a consideration equal to the average of lease amountfixed for an year. |
| (d) assignment on lease of immovable propertyexceeding ten years but not being a perpetual lease | If the lease is subsisting for a very longperiod the same stamp duty as on a sale deed (item 21 or 22, asthe case may be, of the Kerala Stamp Act, 1959) for aconsideration equal to three times the average yearly leaseamount or price remitted or paid for the first ten years. |
| 153 Inserted by Act 7 of 1995. | |
| (e) Perpetual lease of immovable property | Total amount of lease remitted or paid duringthe first fifty years, as shown in the instrument] |
| (vi) Release, that is to say, any instrumentwhereby a person renounces a claim upon another person or againstany specified property when such release does not operate infavour of his or her spouse or children. | The amount or value as set forth in the releaseddeed. |
207. Exemption from Tax, Cess, etc.
208. Surcharge on [property tax] [Substituted by Act 13 of 1999.].
209. [ Tax on advertisement. [Substituted by Act 13 of 1999.]
- Every person who erects, exhibits, fixes or retains upon or over any land, building, wall boarding or structure, in a village panchayat area any advertisement or who displays any advertisement to public view in any manner whatsoever in any place in such area whether public or private shall pay to the village panchayat on every such advertisement a tax calculated at such rates and to such manner and subject to such exemptions as the village panchayat may with the approval of the Government and by resolution determine :Provided that the rates shall not be less than the rates prescribed by the Government for the purpose:Provided further that the tax under this section on any advertisement displayed in a public service vehicle as defined in the Motor Vehicles Act, 1988 (Central Act 59 of 1988) passing through the local limits of more than one Local Self Government Institution shall be levied by a village panchayat only if such vehicle;209A. [ Prohibition of advertisement without written permission of the Secretary. [Inserted by Act 13 of 1999.]
209B. Owner or person in possession be deemed responsible.
- Where any advertisement is erected, exhibited, fixed or retained upon or over any land, building, wall, hoarding or structure in contravention of the provisions of section 209 or 209A or after the written permission for the erection, exhibition, fixation or retention thereof for any period has been expired or become void, the owner or occupier of such land, building, wall, hoarding or structure shall be deemed to be the person who has erected, exhibited, fixed or retained, such advertisement in contravention unless he proves that such contravention has been committed by a person not in his employment or control or has been committed without his contrivance.209C. Removal of unauthorised advertisement.
209D. Collection of tax on advertisement.
- The Secretary may farm out the collection of any tax on advertisement leviable under section 209 for any period not exceeding one year at a time on such terms and conditions as may be provided for by bye-laws made under section 256.209E. Recovery of tax payable.
- Notwithstanding [anything contained in this Act any, amount payable under the provisions of this Act, rules or bye-laws, is not paid on the due date, shall be recovered together with penal interest at the rate of two per cent per month from the due date:Provided that no penalty shall be recovered on any amount that has become payable or payable in a half year, if it is paid in the same half year.]210. Recovery of arrears of tax, cess, etc.
- Any arrear of cess, rate, surcharge or tax imposed or fees levied under this Act shall be recoverable as an arrear of public revenue under the law relating to the recovery of arrears of public revenue for the time being in force:Provided that the Secretary of a Village Panchayat may directly recover by distraint, under his warrant, and sale of movable properties of the defaulter subject to such rules as may be prescribed:Provided further that, if for any reason the distraint or a sufficient distraint of a defaulter's property is impracticable, the Secretary may prosecute the defaulter before a Magistrate.211. Power to require village officer to collect taxes and fees due to panchayats.
- Subject to such rules as may be prescribed, the Secretary shall have power to require the village officer having jurisdictions over Village Panchayat area or any part thereof to collect any tax, cess, surcharge or fee due to the Panchayat on such conditions as the Government may by general or special order determine.212. Panchayat funds.
213. Items of expenditure debitable to panchayat fund.
214. [ Preparation and sanction of Budget. [Inserted by Act 13 of 1999.]
215. Accounts and audit.
216. Contribution to the expenditure by other local Self Government Institutions.
- If the expenditure incurred by the Government or by any other Panchayat or by any other Local Self Government Institutions in the State for any purpose authorised by or under this Act, is such as to benefit the inhabitants of the Panchayat area, the Panchayat may, [make a contribution towards such expenditure.] [Substituted by Act 13 of 1999.]217. Recovery of loans and advances made by Government.
Chapter XX
Public Safety, Convenience and Health
218. Vesting of watercourse, springs, reservoirs, etc., in Village Panchayats.
219. Contributions from persons having control over places of pilgrimage etc.
- Where a mosque, temple, church, mutt or any place of religious worship or instruction or any place which is used for holding fairs or festivals or for other like purposes is situated within a village panchayat area or in the neighbourhood, thereof and attracts either throughout the year or on particular occasions a large number of persons, any special arrangements necessary for public health, safety or convenience, whether permanent or temporary, shall be made by the village panchayat, and the village panchayat shall after consulting the trustee or any other person having control over such place, require him to make such recurring or non-recurring contribution to the funds of the village panchayat as may be reasonable in the circumstances of the case and it shall be incumbent on such person to make such contribution. If such person fails to pay the contribution within such time as may be prescribed the amount shall be recoverable as an arrear of public revenue due on land.219A. [ Village Panchayat to arrange for the removal of rubbish, solid, wastes and filth. [Inserted by Act 13 of 1999.]
219B. Duty of owners and occupiers for collection and deposit of rubbish and solid waste.
219C. Contract with owner or occupier for removal of rubbish or filth.
- The secretary may enter into contract with the owner or occupier of any premises to remove rubbish or filth from such premises on such terms and conditions as is deemed expedient to the secretary and on payment of fees at such rates as the village panchayat determines from time to time.219D. Introduction of house-to-house collection of rubbish.
219E. Rubbish and other solid waste shall be the property of the village panchayat.
- Rubbish and other solid waste collected by the employees or contractors of the village panchayat and the carcasses deposited in any public receptacles, depots or place shall be the property of the village panchayat and the village panchayat may dispose of the same by auction or otherwise.219F. Provision for the final disposal of solid wast.
219G. Provision for processing of solid wastes.
- The village panchayat may for the purpose of recycling, treating, processing and disposing of solid wastes or converting such solid wastes into compost or any other matter, construct, acquire, operate maintain and manage any establishment within or outside the village panchayat area and run it on a commercial basis or may contract out such activity.219H. Removal of rubbish and solid waste accumulated on non-residential premises.
219I. Prohibition of improper disposal of carcasses rubbish and filth.
219J. Prohibition of keeping filth on premises.
- No owner or occupier of any premises shall keep or allow to be kept for more than twenty four hours any filth on such premises or in any building or on the roof thereof or in any outhouse or any place appurtenant thereto, or fail to comply with any requisition of the secretary as to the construction, repair paving or clearing of any latrine belonging to premises.219K. Prohibition against allowing outflow of filth.
- No owner or occupier of any premises shall allow the water from any sink, drain, latrine or stable, or any other filth to flow out of such premises to any portion of a street except a drain or a cess-pool or to flow out of such premises so as to cause an avoidable nuisance by the soakage of the said water or filth into the walls or ground at the side of drain forming a portion of a street.219L. Prohibition of disposal of skin.
-No person shall deposit the skin of a carcass or dispose of the carcass at a place other than that provided for the purpose.219M. Prohibition of using any cart without cover for the removal of filth etc.
- No person shall, for the removal of filth use any cart or receptacle not having a proper covering for preventing the escape of the contents thereof or of the stench there from, or intentionally or negligently spill any filth while removing or fail to sweep and clean carefully the place any such filth has spilled or place or deposit in any public place any filth whether in a closed or open vessel or otherwise.219N. Prohibition of deposit of rubbish or filth in public places.
- No person shall deposit or cause to be deposited any rubbish or filth or other debris into any public place not intended for deposit of rubbish or filth or debris.219O. Prohibition against causing nuisance in public streets etc.
- No person shall cause any nuisance by relieving himself in any street, public place or public path or permit any person under his control to do so.219P. Presumption as to offender.
- Where any rubbish, offensive matter trade refuse, special waste, hazardous waste or excrementatitious and polluted matter accumulated on any premises is deposited in any place in contravention of the provisions of this Act it shall be presumed unless the contrary is proved, that such contravention has been committed by occupier of such premises.219Q. The employees of village panchayat engaged in rubbish and solid waste management service prohibited from depositing waste at a place other than specified etc.
- No employee of the village panchayat engaged in rubbish and solid waste management service shall throw or place any domestic waste, dust ashes, refuse, rubbish or trade refuse on any street or in any place not provided for the purpose or place or keep in any road any vehicle or carriage for the removal of solid waste excrementitious or polluted matter or suffer the same to remain in any road or any greater length of time than it reasonably necessary.219R. Power to inspect premises for sanitary purposes.
- The secretary or any officer authorised by him may at any time inspect any premises for the purpose of ascertaining the compliance of the provisions of this Act.219S. Punishment for depositing or throwing any rubbish or solid waste in contraction of the provisions of this Act.
- Whosoever deposits or throws any rubbish, solid waste or carcasses in contravention of the provisions of this Act shall, on conviction, be punishable with fine which shall not be less than rupees fifty but may extend upto rupees two hundred and fifty.]220. Prohibition of constructions in or over public roads, etc.
- Not-withstanding anything contained in this Act no person shall,221. Public markets.
- The village panchayat may, provide places, or use as public markets or close any such market or part thereof. All public markets within a village panchayat area shall be under the control and management of the village panchayat.222. Licensing of private markets.
223. Levy of fees by licensees of private markets.
- The Licensee of a private market may, subject to such rules as may be prescribed, levy any one or more of the following fees in any private market at such rates not exceeding the maximum prescribed, namely: -224. Prohibition of sale in unlicensed private markets, etc.
- No person shall sell or expose for sale any animal or article. -225. Prohibition of sale in public roads.
- The village panchayat shall by public notice prohibit the sale or exposure for sale of any animals or articles in or upon any public road or place or part thereof.226. Prevention of person suffering from contagious diseases from entering markets.
- The Village Panchayats in the case of public markets, and the licensee in the case of private markets, shall prevent the entry therein or expel there from any person suffering from any contagious or infectious disease and may expel there from any person who is creating a disturbance therein.Public halting places227. Public landing places and cart stands, etc.
- Subjects to such rules as may be prescribed, the village panchayat may -228. Private cart stands.
229. Public slaughter houses.
230. Licence for slaughter houses.
230A. [ Slaughter houses to be maintained properly. [Inserted by Act 13 of 1999.]
- Every public or licensed slaughter house, shall be maintained properly and waste materials there from shall be disposed of without causing nuisance to the public, where any violation of the conditions of agreement or licence leads to unhygienic condition of the slaughter house, the person concerned may on conviction, be punished with a penalty upto rupees five thousand and a further fine at the rate of rupees five hundred for each day on which the offence is continuing and in case such penalty is imposed continuously for ten days, action can be taken treating the licence as automatically cancelled.]231. Slaughter of animals for sale as food and power of Inspection.
232. Purpose for which places may not be used without a license.
233. Permission for the construction of factories and the installation of machinery.
233A. [ Abatement of nuisance caused by factory, workshop etc. [Added by Act 13 of 1999.]
233B. Exemptions.
- Notwithstanding anything contained in section 233, no permission of village panchayat shall be required for the installation of establishment of the following machinery or manufacturing plants or industrial units, as the case may be, namely: -233C. Consultation 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. [Added by Act 13 of 1999.]
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] [Substituted by Act 13 of 1999.]
[***] [Omitted by Act 13 of 1999.]235. [ Numbering of buildings. [Added by Act 13 of 1999.]
235A. Building Rules.
235B. Building site and construction or reconstruction of building.
- No part of the land shall be used as a site for the construction of a building and no building shall be constructed or re-constructed otherwise than in accordance with the provisions of this part and of any rules or bye-laws made under this Act relating to the use of building sites or the construction or reconstruction of buildings.235C. Power of village panchayat to regulate further construction of certain classes of buildings in particular streets or localities.
235D. Building at corner of street.
- A village panchayat may require any building intended to be erected at the corner of two roads to be rounded off or splayed off such height and extend as it may determine and may acquire in accordance with the provisions of the Land Acquisition Act, 1894 (Central Act 1 of 1984) such portions of the site at the corner as it may consider necessary for public convenience or amenity.235E. Prohibition of construction of doors, ground floor, windows and bars so as to open outwards.
- Any door, gate, bar or ground floor, windows which opens outwards to any public road shall not be constructed or re-constructed.235F. Application to construct or reconstruct buildings.
235G. Requirement of prior approval of site.
- The Secretary shall not grant permission to construct or reconstruct a building unless and until he has approved the site on an application made under section 235 F.235H. Prohibition of commencement of work without permission.
- The construction or re-construction of a building shall not be commenced unless and until the Secretary has granted permission for the execution of the work.235I. Period within which approval or disapproval shall be intimated.
- Within thirty days after the receipt of an application made under section 235 F for approval of a site or of any information, or further information required under any rules or byelaws, the Secretary shall by an order in writing either approve or refuse to approve the site and shall intimate the fact to the applicant.235J. Period with in which Secretary is to grant or refuse to grant permission to execute work.
- Within thirty days after the date of receipt of an application made under section 235F for permission to execute any work or of any information or of document or further information or documents required under any rules or bye-laws, made under this Act, the Secretary shall by an order in writing either grant or refuse to grant such permission on any of the grounds mentioned in section 235L and shall intimate the fact to the applicant in writing:Provided that the said period of thirty days shall not commence until the site has been approved under section 235 I.235K. Reference to village Panchayat where Secretary makes delay in granting or refusing approval or permission.
235L. Grounds on which approval of building site or permission to construct or reconstruct a building may be refused.
235M. Lapse of Permission.
- Where the construction or reconstruction of a building is not completed within the period specified in the permission, the permission shall lapse unless an application for extension of time is made before the expiry of the period specified.235N. Power of Secretary to require alteration in work.
235O. Stoppage of construction or reconstruction endangering human life.
- Notwithstanding anything contained in any of the foregoing provisions in this Chapter, the Secretary may, at any time, stop the construction or reconstruction of any building if, in his opinion, the work in progress is dangerous to human life.235P. Application to construct or re-construct huts.
235Q. Prohibition of commencement of work without permission.
- No person shall, commence the construction or re-construction of a hut without permission in any land referred to in section 235 P.235R. Period within which Secretary is to grant or refuse to grant permission to execute the work.
- The Secretary shall within fourteen days after the date of receipt of an application under section 235 P, or any information or plan or further information or fresh plan required under the rules or bye-laws made under this Act, by an order in writing either grant the permission or refuse the permission on any of the grounds mentioned in section 235T.235S. Reference to Village Panchayat where Secretary causes delay in passing orders.
235T. Grounds on which permission to construct or re-construct hut may be refused.
235U. Lapse of Permission.
- Where the construction or reconstruction of a hut is not completed within the period specified in the permission, such permission shall lapse unless an application for extension of time is made before the expiry of the period specified.235V. Application of the Provisions to alteration and additions.
- The provisions of this Act and of any rule or bye-law made thereunder relating to construction and reconstruction of buildings shall also be applicable to any alteration thereof or addition thereto:Provided that repair works using materials of the same nature and value to keep the building as such without enhancing its value and without changing its occupancy and use and which do not affect the position or dimension of a building or any room therein shall not be deemed to be an alteration or an addition for the purpose of this section changing of roof or construction of walls by using a different material and other similar works which enhance the value of the building to any extent will not be treated as repair but as a new construction.235W. Demolition or alteration of building works unlawfully commenced, carrying on or completed.
235X. Order of stoppage of Buildings or works in certain cases.
235Y. Certain buildings or sheds exempted.
- Any building constructed and used, or intended to be constructed and used, exclusively for the purpose of a plant-house; meter house, not being a dwelling house, or sheds which are used exclusively for keeping fuel, or fire wood for the domestic use of its owner or for keeping agricultural implements, tools, rubbish or other materials or for watching crops or kennel shed intended to keep not more than four dogs or cattle shed intended to keep not more than four cattles and its one calf each or poultry shed intended to keep not more than twenty hen, duck etc. or any other shed of temporary nature shall stand exempted from the provisions other than Sections 220 B and 235 E :Provided that the said building or sheds shall be at a distance of at least one metre from any boundary of land on which it is constructed.235Z. Penalty for unlawful construction of building.
235AA. Property tax to the building constructed unlawfully.
235AB. Power to regularise the unlawful building construction.
Chapter XXIA
[General and Miscellaneous] [Substituted by Act 13 of 1999.]
Licenses and Permissions236. General provisions regarding licenses and permissions.
237. Government not to obtain licence and permission.
- Nothing in this Act or in rule or bye-law made there under shall be construed as requiring any State Government or the Central Government to take out a licence in respect of any place in the possession or under the control of or any property belonging to such Government.Notice, 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.
240. Form the notices and permissions time for complying with notices, orders etc. and powers to enforce them.
241. Powers of entry and inspection.
242. Power to call for information from village officers.
243. Limitation for recovery of dues.
244. Writing of irrecoverable amounts.
- Subject to such restrictions and control as may be prescribed, a Panchayat may write of any amount whatsoever due to it whether under a contract or otherwise, or any sum payable in connection therewith, if in its opinion such amount or sum is irrecoverable:Provided that where the Government are responsible for the collection of any amount due to the Panchayat, the power to write off such amount payable in connection therewith on the ground of its being irrecoverable shall be exercised by or only with the sanction of the Government.Prosecutions, suits etc.245. Persons empowered to prosecute.
246. Composition of offence.
- The Secretary of a panchayat may, subject to such restrictions and control as may be prescribed, compound any offence against this Act, or any rule or bye-law made thereunder, which may by rules be declared compoundable with the approval of the President.247. Prosecutions and compositions to be reported to Panchayats.
- Every Prosecution instituted or offence compounded by the Secretary shall be reported by him to the Panchayat at its next meeting and its approval secured.248. Sanction for prosecution of President, Vice-president, Chairman of a Standing Committee, members and Secretary of a Panchayat.
- When the President, Vice-President, Chairman of a Standing Committee or any member of a Panchayat, or the Secretary or other employee of the Panchayat who is not removable from his office save by or with the sanction of the Government is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty, no court shall take cognizance of such offence except with the previous sanction of Government.249. Institutions of suits against authorities of Panchayats, their officers etc.
250. Protection of Acts done in good faith.
- (1) No suit prosecution or other legal proceedings shall lie against the president, vice-president, any member, secretary, any officer or employee of a panchayat for anything which is in good faith done or purported or intended to be done in pursuance of this Act or any rule or bye-law made thereunder.] [Substituted by Act 13 of 1999.]251. [ Assessment etc. not to be impeached. [Substituted by Act 13 of 1999.]
252. Duties of Police Officers.
253. [ [Omitted by Act 13 of 1999.]
***]Chapter XXII
Rules, Bye Laws and Penalties for Their Breach
254. Powers of Government to make rules.
255. Penalties for breach of rules.
- In making any rule under this Act, the Government may provide that a breach thereof shall be punishable with fine which may extend to one thousand rupees, or in case of a continuing breach, with fine, not exceeding fifty rupees for every day during which the breach continues after conviction for the first breach.256. Bye-laws and penalties for the breach thereof.
Chapter XXIII
Penalties
257. General provisions regarding penalties specified in schedule.
258. Penalty for acting as President Vice President or member of a Panchayat when disqualified.
259. Penalty for acquisition by an officer or employee [or member of] [Inserted by Act 13 of 1999.] interest in contract work.
- If any officer or [employee or member of] [Inserted by Act 13 of 1999.] a Panchayat knowingly acquires, directly or indirectly, by himself or by a partner, employer or servant, any personal share or interest in any contract or employment with, by or on behalf of the Panchayat, he shall be deemed to have committed an offence under section 168 of the Indian Penal Code:Provided that no person shall by reason of being a share holder in, or member of, any company, be held to be interested in any contract entered into between such company and the Panchayat unless he is a director of such company.[***] [Omitted by Act 13 of 1999.]260. Wrongful restraint of Secretary or his delegate.
261. Prohibition of obstruction of Panchayat etc.
- Any person obstructing or molesting a Panchayat, or the President, Vice-President, Chairman of Standing Committee, member or the Secretary of the Panchayat, or any person employed by it or any person with whom a contract has been entered into by or on behalf of the Panchayat, in the discharge of his duty or of anything which he is empowered or required to do by virtue, or in consequence, of this Act or of any rule, bye-law or order made there under, shall be punishable with fine which may extend to five hundred rupees.262. Prohibition of removal or obliteration of notice.
- Any person who without authority in that behalf, removes, destroys, deface or otherwise on literates any notice exhibited or any sign or mark erected by, or under the orders, of a Panchayat or its Secretary, shall be punishable with fine which may extend to two hundred rupees.263. Penalty for not giving information or giving false information.
- Any person who is required by this Act or by any notice or other proceedings issued there under to furnish any information, without reasonable excuse omits to furnish such information or knowingly furnish false information shall be punishable with fine not exceeding five hundred rupees.264. Fines to be credited to Panchayat.
- All fines imposed [by the panchayat or the court] [Inserted by Act 13 of 1999.] under this Act or any rule or bye-law made there under shall on realisation be credited to the fund of the Panchayat concerned in respect of offences committed within the jurisdiction of such Panchayat.Chapter XXIV
Registration of Tutorial Institutions
265. Definitions.
- In this Chapter, -266. [ Registration of Tutorial Institutions. [Substituted by Act 13 of 1999.]
267. Penalty for maintaining or running unregistered tutorial institution.
- Any person who maintains or runs a tutorial institution in contravention of the provisions of this Act or who establishes and maintains a tutorial institution without obtaining the registration certificate under this Act or who after cancellation of the registration certificate issued to him continues to run such an institution shall on conviction be punished with fine which may extend to one thousand rupees [and further fine which may extend to one hundred rupees for each day during which the offence continued.] [Added by Act 13 of 1999.]268. [ [Omitted by Act 7 of 1995.]
***]Chapter XXV
Registration of Private Hospitals and Paramedical Institutions
269. Definition.
- In this Chapter, -270. Registration of Private hospitals and private para-medical institutions.
270A. [ Penalty for maintaining and running private hospitals and private paramedical Institutions without registration. [Added by Act 13 of 1999.]
- Any person who maintains or runs a private hospital or a para-medical institution in contravention of the provisions of this Act or without registration under this Act or continue to maintain or run the same after cancellation of registration shall, on conviction, be punished with fine which may extend to five thousand rupees and with a further fine which may extend to five hundred rupees for each day during which the offence continued.]271. Collection of fees by the village panchayat.
- The village panchayat may collect such annual fees from the private hospitals for any service rendered by it at such rates as may be fixed by them, subject to the rules made by the Government for the purpose but the fees so collected shall be at different rates for private hospitals of different standards.Chapter XXVA
[Right to Information] [Added by Act 13 of 1999.]
271A. Definitions.
- For the purpose of this Chapter, -271B. Right to information.
271C. Procedure for furnishing information.
271D. Penalty for withholding information.
271E. Protection of action taken in good faith.
- Notwithstanding anything contained in section 271 D the Secretary or the officer bound to furnish the information after making a thorough search find that the document is not traceable by reason of the expiry of the period for preservation of that document or the document is not available or for any other valid reason and that the information cannot, therefore, be furnished, the matter shall be communicated to the applicant and dispose of the application and no action shall lie against him.Chapter XXVB
Ombudsman for Local Self Government Institutions
271F. Definitions.
271G. [ Term of office and conditions of Service of Ombudsman. [Substituted by Act 12 of 2001.]
271H. [ Removal of Ombudsman. [Substituted by Act 12 of 2001.]
271I. Staff of the Ombudsman.
271J. Functions of the Ombudsman.
271K. Powers of the Ombudsman.
271L. Service of Government Departments.
- The Government may, at the request of the Ombudsman make available the services of officers and employee of the Government including police personnel to assist the Ombudsman in the conduct of investigation and enquiry and in respect of such functions such Officer or employee shall be deemed to be the officer or employee of the Ombudsman.271M. Investigation.
271N. Enquiry.
271O. Existing cases to be transferred to Ombudsman.
271P. Initiation of prosecution.
271Q. Disposal of complaints.
271R. Procedures to be prescribed.
- The Government may make rules in respect of the following matters, namely: -Chapter XXVC
Tribunal For Local Self Government Institutions
271S. Constitution of Tribunal for Local Self Government Institutions.
271T. Rendering of opinion on matters referred to by the Government.
- The Tribunal shall, on a reference from the Government with regard to the legality or sustainability of any decision of the Local Self Government Institution, render its opinion to the Government there on after giving the President or the Local Self Government Institution concerned, an opportunity of being heard, if necessary.271U. Matters to be prescribed.
- The Government may prescribe the following matters, namely: -Chapter XXVI
Supplemental Provisions
272. Public Roads, markets, wells, tanks, etc. to be open to all.
- All roads, markets, wells, tanks, reservoirs and waterways, vested in or maintained by a Panchayat shall be open to the use and enjoyment of all persons, irrespective of their caste or creed or any other considerations.272A. [ Citizen Charter to be published. [Added by Act 13 of 1999.]
273. Power to farm out fees.
274. Extension of provisions of the Municipal laws or of the rules thereunder.
275. Delegation of powers etc.,.
276. [ Appeal and Revision. [Substituted by Act 13 of 1999.]
277. Construction of reference to Panchayat and District Council.
278. Reference to Presidents in other enactments and in notifications etc. issued thereunder.
279. Village Panchayat to regulate the use of contain porambokes.
280. Power to remove difficulties.
281. Offences by companies.
282. Adjudication of disputes between Panchayats.
283. Power of Government to alter Schedules.
284. Repeal and Savings.
285. Transitional provisions.
- Notwithstanding anything contained in any law for the time being in force except the Constitution (Seventy third Amendment) Act, 1992 the term of office of the members of a Panchayat constituted or deemed to have been constituted under the Kerala Panchayats Act, 1960 (32 of 1960) which expired on the 9th day of August, 1993 shall be deemed to have been extended until a corresponding Village Panchayat is duly constituted under this Act for the first time [within one year from the commencement of the constitution (Seventy third Amendment) Act, 1992] and accordingly anything done or any action taken by the Government or said Panchayats or any person or authority in the purported exercise of the powers and functions conferred by or under the Kerala Panchayats Act, 1906 shall not be deemed to be invalid or ever to have been invalid merely, on the grounds that the term of office of the members of the Panchayats aforesaid had expired on said date.Second Schedule[See Section 152 (1) and 153 (13)]Form of Oath or AffirmationI, ..................., having been elected member/President/Vice President of the .....................village/block/district panchayat, do swear in the name of God/solemnly affirm, that I will bear true faith and allegiance to the Constitution of India as by law established, and [uphold the sovereignty and integrity of India] [Substituted by Act 13 of 1999.] that I will duly and faithfully and to the best of my ability, knowledge and judgement perform the duties of my office without fear or favour or affection or illwill.[Third Schedule] [Substituted by Act 13 of 1999.][See Sub-section (1) of section 166]Functions of Village PanchayatsA. Mandatory Functions.1. Regulating building construction.
2. Protection of public lands against encroachment
3. Maintenance of traditional drinking water sources.
4. Preservation of ponds and other water tanks
5. Maintenance of waterways and canals under the control of Village Panchayats.
6. Collection and disposal of solid waste and regulation of liquid waste disposal.
7. Storm water drainage.
8. Maintenance of environmental hygiene.
9. Management of public markets.
10. Vector Control
11. Regulation of slaughtering of animals and sale of meat, fish and other easily perishable food stuffs etc.
12. Control of eating places.
13. Prevention of food adulteration.
14. Protection of roads and other public properties.
15. Street lighting and its maintenance.
16. Adopt immunisation programmes.
17. Effective implementation of National and State level strategies and programmes for prevention and control of diseases.
18. Establishment and maintenance of burial and burning grounds.
19. Issue of licenses to dangerous and offensive trades.
20. Registration of births and deaths.
21. Providing bathing and washing ghats.
22. Provision for ferries.
23. Provision for parking spaces for vehicles.
24. Construction of waiting sheds for travellers.
25. Provision for toilet facilities and bathing ghats at public places.
26. Regulate the conduct of fairs and festivals.
27. Issue licence to domestic dogs and to destroy stray dogs.
B. General Functions1. Collection and updating of essential statistics.
2. Organise voluntary workers and make them participate in collective activities.
3. Organise campaigns for thrift.
4. Awareness building against social evils like drinking, consumption of narcotics, dowry, abuse of women and children
5. Ensuing maximum peoples participation at all stages of development.
6. Organise relief activities during natural calamities.
7. Inculcating environmental awareness and motivating local action for environmental upgradation.
8. Promotion of co-operative sector.
9. Enhancing communal harmony.
10. Mobilisation of local resources in cash or in kind including free surrender of land for developmental purposes.
11. Campaign on legal awareness among weaker sections.
12. Campaign against economic offences.
13. Organising neighbourhood groups and self-help groups focusing on the poor.
14. Awareness building on civic duties.
C. Sector-wise functions.I. Agriculture1. Cultivate wastelands and marginal lands.
2. Ensure optimum utilisation of land.
3. Soil protection
4. Production of organic manure.
5. Establishment of nurseries.
6. Encourage the system co-operative ground farming.
7. Organise self help groups among farmers
8. Encourage horticulture and vegetable cultivation.
9. Fodder development.
10. Plant production.
11. Seed protection.
12. Farm mechanisation.
13. Management of Krishi Bhavans.
II. Animal Husbandry and Diary farming1. Cattle Development Programmes
2. Diary farming
3. Poultry farming, bee keeping, piggery development, goat rearing, rabbit rearing, etc.
4. Running of veterinary hospitals
5. Running of ICDP sub-centres.
6. Preventive Health Programmes for animals.
7. Prevention of cruelty to animals.
8. Implementation of fertility improvement programmes.
9. Control of diseases of animal origin.
III. Minor Irrigation1. Maintenance and implementation of all minor irrigation projects within the area of a village panchayat.
2. Implementation and maintenance of all micro irrigation projects.
3. Put into practice water conservation.
IV. Fishing1. Development of fisheries in ponds, pisci-culture in fresh water and brackish water and mariculture.
2. Improvement of fish seed production and distribution of offsprings.
3. Distribution of fishing implements.
4. Provide assistance for fish marketing.
5. Provide minimum basic facilities for fishermen families.
6. Implementation of fishermen Welfare Schemes.
V. Social Forestry1. Growing trees for cattle feed, fire wood and growing of fruit trees.
2. Organise campaigns for planting of trees and to build environmental awareness.
3. Afforestation of waste land
VI. Small scale Industries1. Promotion of cottage-village industries.
2. Promotion of handicreafts.
3. Promotion of traditional and mini industries.
VII. Housing1. Identification of the homeless people and the poramboke dwellers and provide them with lands for house construction and with houses.
2. Implementation of rural housing programmes.
3. Implementation of shelter upgradation programmes.
VIII. Water Supply1. Management of water supply schemes within a village panchayat.
2. Setting up of water supply schemes within a village panchayat.
IX. Electricity and Energy1. Installation and maintenance of streetlights.
2. Encourage the consumption of bio-gas.
X. Education1. Management of Government Pre-primary Schools and Primary Schools.
2. Implementation of literacy programmes.
3. Management and promotion of reading rooms and libraries.
XI. Public Works1. Construction and maintenance of village roads within a village panchayat.
2. Construction of buildings for institutions including those transferred from the government.
XII. Public Health and Sanitation1. Running of dispensaries, Primary Health Centres and Sub-centres (with all systems of medicines.)
2. Management of maternity and Child Welfare Centres.
3. Carry out immunisation and other preventive measures.
4. Implementation of family welfare programme.
5. Implementation of sanitation programmes.
XIII. Social Welfare1. Running of Anganwadis
2. Sanctioning and distribution of pension to destitutes, widows, handicapped and agricultural labourers.
3. Sanctioning and distribution of unemployment wages.
4. Sanctioning of financial assistance for the marriage of the daughters of widows.
5. Implementation of Group Insurance Scheme for the poor.
XIV. Poverty Alleviation1. Identifying the poor.
2. Implementation of self employment and Group Employment Schemes for the poor especially for women.
3. Providing community assets of continuing benefits to the poor.
XV. Scheduled Caste-Scheduled Tribe Development1. Implementation of beneficiary oriented schemes under S.C.P., T.S.P.
2. Running of nursery schools for Scheduled Caste-Scheduled Tribes.
3. Arrange basic facilities in Scheduled Caste-Scheduled Tribe Colonies.
4. Provide assistance to Scheduled Caste-Scheduled Tribe Students.
5. Provide discretionary assistance to scheduled Caste-Scheduled Tribe when necessary.
XVI. Sports and Cultural Affairs1. Construction of playgrounds.
2. Establishment of Cultural Centres.
XVII. Public Distribution System1. Examining the complaints against the Public Distribution System and find out and implement remedial measures.
2. Organise campaigns against offences relating to weights and measures.
3. General supervision and guidance of Ration Shops, Maveli Stores, Neethi Stores and other public distribution systems and start new public distribution centres, if necessary.
XVIII. Natural calamities Relief1. Protection of Relief Centres.
2. Conduct works relating to natural calamity. The work to compensate damages caused to the assets should be done by the respective panchayats.
XIX. Co-operation1. Organise Co-operative societies within the boundaries of village panchayat.
2. Strengthen [the existing co-operative institutions]
[Fourth Schedule] [Substituted by Act 13 of 1999.][See Sub-section (1) of section 172]Functions of Block Panchayats1. Utilise Governmental-non-Governmental technical expertise at block level.
2. Provide technical assistance to Village Panchayats.
3. Prepare schemes taking into consideration the schemes of village panchayats in order to avoid duplication and to provide backward, forward linkage.
1. Farmers training programmes for the implementation at the village level.
2. Arrange agricultural inputs required for schemes at the village level.
3. Conduct of agricultural exhibitions.
4. Management of watersheds falling within the Block Panchayat area.
5. Mobilise agricultural loans.
6. Encouragement of sericulture.
II. Animal Husbandry and Dairy Farming1. Running of veterinary poly clinics and zonal artificial insemination centres.
2. Provide speciality services in animal husbandry.
3. Conducting of cattle and poultry shows.
III. Minor Irrigation. - Implementation and maintenance of all Lift Irrigation Schemes and Minor Irrigation Schemes covering more than one village panchayats.IV. Fisheries. - Development of traditional landing centres.V. Small Scale Industries.1. Establishment of mini industrial estates.
2. Promotion of industries with investment limit of one third of S.S.I.
3. Formulation of self employment schemes in Industrial sector.
VI. Housing1. Popularisation of low cost housing.
2. Promotion of housing co-operative societies.
VII. Electricity and Energy. - Development of conventional energy sources.VIII. Education. - Management of Government Industrial Training Institutions.IX. Public Works1. Maintenance of Village roads connecting more than one village panchayat within the Block Panchayat and other roads vested in block panchayat.
2. Construction of buildings for institutions transferred from Government.
X Public Health and Sanitation. - Running of community health centres and Taluk Hospitals with all systems of medicine within the Block Panchayat.XI Social Welfare. - Management of I.C.D.S.XII Poverty Alleviation.1. Planning and implementation of employment assurance schemes in co-ordination with the Village Panchayat.
2. Skill upgradation of poor for self employment and giving wage employment for people below poverty line.
XIII. Scheduled Caste/Scheduled Tribe Development1. Management of pre-metric hostels.
2. Promotion of Co-operative Societies means for Scheduled Caste/Scheduled Tribes.
XIV. Co-operation1. Organising co-operatives within the jurisdiction of block panchayat.
2. Strengthening of co-operative institutions.]
[Fifth Schedule] [Substituted by Act 13 of 1999.][See Sub section (1) of Section 175]Functions of District Panchayats1. Mobilisation of the technical expertise available from Government-non-Government institutions.
2. Provide technical assistance to Block Panchayats, Village Panchayats and Municipalities.
3. Prepare schemes after taking into account the schemes of the Village Panchayat and the Block Panchayat to avoid duplication and to provide forward-backward linkage.
1. Running of agriculture farms other than regional farms and research centres.
2. Integrated water-shed management in water sheds covering more than one block panchayat area.
3. Provide for agricultural inputs.
4. Soil testing
5. Pest control
6. Marketing of agricultural products
7. Cultivation of ornamental plants.
8. Promotion of agricultural co-operatives
9. Promotion of commercial crops.
10. Application of bio-technology.
11. Popularisation of innovative field trials and pilot projects.
12. Conduct of locally appropriate research and development.
II. Animal Husbandry and dairy Farming1. Running of district level veterinary hospitals and laboratories.
2. Running of dairy extension units.
3. Promotion of Milk co-operative societies.
4. Running of farms other than regional farms, breeding farms and research centres.
5. Implementation of district level training.
6. Implementation of disease prevention programmes.
7. Propagating new methods of field trials and pilot projects.
8. Locally relevant research and development.
III. Minor Irrigation1. Development of ground water resources.
2. Construction and maintenance of minor irrigation schemes covering more than one block panchayat.
3. Command area development.
IV. Fisheries1. Arrangements for fish marketing
2. Management of fish farm development agency.
3. Management of district level pisci-culture centres net making units, fish markets, feed mills, ice plants and cold storages.
4. Management of fisheries schools.
5. Introduction of new technologies.
6. Provide implements required for fishermen.
7. Promotion of fishermen's co-operative societies.
V. Small Scale Industries.1. Management of district industries centres.
2. Promotion of small scale industries.
3. Setting up of industrial estates.
4. Organising exhibitions for sale of products
5. Conduct of entrepreneur development programme.
6. Marketing of products.
7. Imparting training.
8. Create input service and common facility centres.
9. Implementation of industries development credit schemes.
VI. Housing1. Implementation of housing complex and infrastructure development.
2. Mobilisation of housing finance.
VII. Water Supply1. Implementation of water supply schemes covering more than one village panchayat.
2. Taking over of water supply schemes covering more than one village panchayat.
VIII. Electricity & Energy1. Taking over of micro-hydal projects.
2. Determining priority areas for extension of electricity.
IX. Education.1. Management of Government high schools (including Lower and Upper Primary Schools attached to high schools).
2. Management of Government Higher Secondary schools.
3. Management of Government Technical Schools.
4. Management of Government Vocational Training Centres and Polytechnics.
5. Management of government Vocational Higher Secondary Schools.
6. Management of District Institute for Education and Training.
7. Co-ordination of centrally and state sponsored programmes related to education.
X. Public Works.1. Construction and maintenance of all district roads vested within the district panchayat other than major district roads.
2. Construction of building for institutions transferred.
XI. Public Health & Sanitations1. Management of district hospitals with all systems of medicines.
2. Setting up of centres for the care of special categories of handicapped and mentally disabled people.
3. Co-ordination of centrally and state sponsored programmes at district level.
XII. Social Welfare1. Provide grants to orphanages.
2. Establishment of welfare centres for the handicapped and destitutes.
XIII. Poverty Alleviation1. Providing infrastructure facilities for self employment programme.
XIV. Development of Scheduled Caste-Scheduled Tribe1. Management of post metric hostels.
2. Management of vocational training centres for the Scheduled Caste/Scheduled Tribes.
XV. Sports and Cultural affairs. - Construction of stadia.XVI. Co-operation1. Organisation of co-operatives within the limits of district panchayat.
2. Strengthening of the co-operative institutions.]
Sixth Schedule[See Sub section (1) of section 257]Penalties| Section | Sub section/clause | Subject | Fine which may be imposed |
| (1) | (2) | (3) | (4) |
| [205B [Inserted by Act 13 of 1999.] | The Occupier or the owner/making default insubmitting the list of persons engaged in any profession art etc. | One thousand rupees | |
| 205C | The employer or the head of office or firm orcompany making default in submitting the list of persons employedunder him. | One thousand rupees. | |
| 205D | Employer making default in recoveringprofession tax | Five hundred rupees. | |
| 205 (E) | (2) | Making default in submitting the list ofemployees etc. | Five hundred rupees. |
| 205 (H) | Making default in payment of profession tax byself drawing officers | Two hundred and fifty rupees. | |
| 209 (C) | (2) | Exhibition of any advertisement withoutpermission | Five hundred rupees] |
| 220 | (a) | Unlawful building of wall or erecting offence,etc., in or over public road. | Five hundred rupees. |
| [220 [Inserted by SRO No.665/96.] | (b) | Construction of building or a high structure inthe land abutting the road without leaving a distance of threemeters | Two thousand and five hundred rupees] |
| 220 | (c) | Unlawful making of hole or depositing of matterin or over public road | Two hundred rupees |
| 220 | (d) | Unlawful quarrying in any place near publicroad, etc. | Two hundred rupees |
| 220 | (e) | Unlawful construction of building over drain | One Thousand rupees |
| 220 | (f) | Planting of trees without permission on anypublic road or other property vested in a panchayat | One hundred rupees |
| 220 | (g) | Felling etc., without permission of treesgrowing in public road or other property vested in a panchayat oron a poramboke or land, the use of which is regulated by it undersection 220. | One thousand rupees. |
| 222 | (1) | Unlawful opening or keeping open a market | Two thousand rupees |
| 222 | (3) | Levy of fees in private evening market(Anthichantha) | Two hundred rupees |
| 222 | (4) | Levy of fees in private market without alicence. | Five hundred rupees |
| 224 | Sale or exposure for sale in public or privatemarket of any animal or article without permission | Two hundred rupees | |
| 225 | Sale, etc., of articles in public roads orplaces after prohibition or without licence or contrary toregulations | One hundred rupees | |
| 227 | (b) | Using of any public place or roadside as alanding or halting place or as a cart-stand within prohibiteddistance. | Two hundred rupees |
| 228 | (1) | Opening a new private cart-stand or continuingto keep open private cart-stand without licence or contrary tolicence | One thousand rupees. |
| 230 | Use of place as a slaughterhouse withoutlicence or contrary to licence. | One thousand rupees | |
| 231 | Slaughter of animals for sale as food orskinning or cutting up carcasses without licence or contrary tolicence or drying skin so as to cause a nuisance | One hundred rupees for every animal carcass orskin | |
| 232 | Using a place for any prescribed purpose withoutlicence or contrary to licence | Five hundred rupees | |
| 233. | Unlawful erection of factory, workshop, etc. | [Five thousand rupees] [Substituted by Act 13 of 1999.] | |
| 235 | (2) | Unlawful destruction, etc., of number ofbuildings | Fifty rupees |
| 235 3) | Failure to replace number when required to do so | One hundred rupees. | |
| [235(C) [Added by Act 13 of 1999.] | (5) | Construction or reconstruction of the buildingsagainst the declaration issued by the village panchayat | Two thousand rupees |
| 235 | (D) | Making default in not complying with therequest of making the building at the corner of the streetrounded of or splayed of | Five thousand rupees. |
| 235 | (E) | Construction of doors and windows so as to openon public road | Two hundred rupees |
| 274 | Obstructing a persons in the use or enjoyment ofa public road, market, well, tank, etc. | Five hundred rupees.] |
| Section | section/Sub clause | Subject | Fine which may be imposed |
| (1) | (2) | (3) | (4) |
| [209 (C) [Inserted by Act 13 of 1999.] | (2) | Unauthorised exhibition of any advertisement | One hundred rupees] |
| 220 | (a) | Unlawful building of over public road wall orerectingfence, etc. in or | One hundred rupees |
| [220 [Inserted by SRO No.665/96.] | (b) | Construction of building or a high structure inthe land abutting the road without leaving a distance of threemetres | One hundred ruppes] |
| 220 | (c) | Unlawful making of over public road hole ordepositing of matter in or | Fifty rupees |
| 220 | (d) | Unlawful quarrying | Fifty rupees |
| 220 | (e) | Unlawful construction of building over drain | Two hundred rupees |
| 222 | (1) | Opening or keeping open a private market incontravention of section 221 | Five hundred rupees |
| 222 | (3) | Levy of fees in private evening market(Anthichantha) | One hundred rupees |
| 222 | (4) | Levy of fees in private market without a licence | Two hundred rupees |
| 224 | Sale or exposure for of animal or articlewithout sale in public permission or private market | One hundred rupees | |
| 228 | (1) | Keeping open a private cart-stand withoutlicence or contrary to licence. | One hundred rupees |
| 232 | Using a place for any purpose prescribedundersection 232 without a licence or contrary to licence | One hundred rupees | |
| 233 | Unlawful erection of factory, workshop, etc. | Five hundred rupees. |