Act13
Enacted 1994

Kerala Panchayat Raj Act

In force 272 sections Kerala

Act 13 of 1994

Preamble

THE KERALA PANCHAYAT Raj Act 1994 IndiaCode CONTENTS Chapter 1 Preliminary Chapter 2 Grama Sabha Chapter 3 Constitution of Panchayats at Different Levels Chapter 4 Delimitation of Constituencies Chapter 5 Officers and Staff of State Election Commission Chapter 6 Preparation of Electoral Rolls Chapter 7 Qualifications and Disqualifications Chapter 8 Notification of General Elections and Administrative Machinery for the Conduct of Elections Chapter Conduct of Elections Chapter Disputes Regarding Election e Chapter Corrupt Practices and Electoral Offences Chapter Staff Election Commission Chapter General Provisions Regarding Elections Chapter Provision Relating to Members and President of Panchayats Chapter Meetings, Powers, Functions, Duties and Property of Panchayats Chapter Officers and Employees of Panchayats Chapter Finance Commission and Its Powers Chapter Functions of the Government Chapter Finance and Taxation Chapter Public Safety, Convenience and Health Chapter Buildings Chapter 21A General and miscellaneous Chapter 22 Rules, Bye-Laws and Penalties for Their Breach Chapter Penalties Chapter 24 Registration of Tutorial Institutions Chapter 25 Registration of Private Hospitals and Paramedical Institutions Chapter 25A Right to Information Chapter 25B Ombudsman for Local Self Government Institutions Chapter 25C Tribunal for Local Self Government Institutions Chapter 26 Supplemental Provisions. Schedule 1, 2, 3, 4, 5, 6, 7, 8. CHAPTER 1 PRELIMINARY Sections 1. Short tile, extend and commencement 2. Definitions IndiaCode CHAPTER II GRAMA SABHA Sections 3. Grama Sabha 3A. Powers, functions and rights of Grama Sabha 3B. Responsibilities of Grama Sabha IndiaCode CHAPTER III CONSTIUTION OF PANCHAYATS AT DIFFERENT LEVELS Sections 4. Power of the Government to constitute and specify the name and headquarters of panchayat. 5. Incorporation and administration of Panchayats 6. Strength of Panchayats 7. Composition of Village Panchayat 8. Composition of Block Panchayat 9. Composition of District Panchayat IndiaCode CHAPTER IV DELIMITATION OF CONSTITUENTS Sections 10. Division of Panchayats into constituents 10A Review of final orders by State Election Commission 11. Power to rectify printing mistakes etc. IndiaCode Sections 12 Staff of State Election Commission District Election Officers Electoral Registration Officer Assistant Electoral Registration Officer IndiaCode CHAPTER VI PREPARATION OF ELECTORAL ROLL ctit Electoral roll for every constituency Disqualifications for registration in an electoral roll No person to be registered more than one constituency No person to be registered more than once in any constituency 20 Conditions for registration Meaning of 'ordinarily resident'. Preparation and revision of electoral rolls Correction of entries in electoral rolls Inclusion of names in electoral rolls Appeals Fee for applications and appeals Making false declarations Breach of official duty in connection with the preparation etc. of electoral rolls. IndiaCo varad: CHAPTER VII QUALIFICATIONS AND DISQUALIFICATIONS ctit 29 30 31 32 33 34 35 55 A 36 Qualifications for membership of a Panchayat Disqualification of officers and employees of Government, Local authorities etc. Disqualification of persons convicted for certain offences Disqualification on ground of corrupt practices Disqualification for failure to lodge account of election expenses Disqualification of candidates Disqualification of members Cessation of membership Determination of subsequent disqualification of a member Restoration of membership IndiaCodeml CHAPTER VIII NOTIFICATION OF GENERAL ELECTION AND ADMINISTRATIVE MACHINERY FOR THE CONDUCT OF ELECTIONS Sections 38 Notification for general election to Panchayats 39 Delegation of functions of State Election Commission 40 General duties of District Election Officers 40A Election observers 41 Returning Officers 42 Assistant Returning Officers 43 Returning Officer to include. Assistant Returning Officers performing the funct

Sections

Type to filter. 272 sections.

  1. 1Short title, extent and commencement
  2. 2Definitions
  3. 3Grama Sabha
  4. 4Power of the Government in constitute and specify the name and headquarter of Panchayat
  5. 6Strength of Panchayats
  6. 7Composition of Village Panchayat
  7. 8Composition of Block Panchaya
  8. 9Composition of the District Panchayat
  9. 10Division of Panchayats into Constituencies
  10. 11Power to rectify Printing mistakes, etc
  11. 12Staff of the State Election Commission
  12. 13District Election officers
  13. 14Electoral Registration Officer
  14. 15Assistant Electoral Registration Officer
  15. 16Electoral roll for every constituency
  16. 17Disqualifications for registration in an electoral roll
  17. 18No person to be registered in more than one constituency
  18. 19No person to be registered more than once in any constituency
  19. 20Conditions of registrations
  20. 21Meaning of 'ordinarily resident
  21. 22Preparation and revision of electoral rolls
  22. 23Correction of entries in electoral rolls
  23. 24Inclusion of names in electoral rolls
  24. 25Appeals
  25. 26Fee for applications and appeals
  26. 27Making false declarations
  27. 28Breach of official duty in connection with the preparation etc., of electoral rolls
  28. 29Qualifications for membership of a Panchayat
  29. 30
  30. 31Disqualification of persons convicted for certain offences
  31. 32Disqualification on ground of corrupt practices
  32. 33Disqualification for failure to lodge account of election expenses
  33. 34Disqualification of candidates
  34. 35Disqualifications of members
  35. 36Determination of subsequent disqualification of a member
  36. 37Restoration of membership
  37. 38Notification for general election to panchayats
  38. 39Delegation of functions of State Election Commission
  39. 40General duties of district election officers
  40. 41Returning Officers
  41. 42Assistant Returning Officers
  42. 43
  43. 44General duty of the returning officer
  44. 45Provision of polling stations
  45. 46Appointment of presiding officers for polling stations
  46. 47General duty of the presiding officer
  47. 48Duties of a polling officer
  48. 49Appointment of dates for nominations, etc
  49. 50Public notice of election
  50. 51Nomination of candidates for election
  51. 52Presentation of nomination paper and requirements for a valid nomination
  52. 53Deposits
  53. 54Notice of nominations and the time and place for their security
  54. 55Scrutiny of nominations
  55. 56Withdrawal of candidature
  56. 57Publication of list of contesting candidates
  57. 58Election agents
  58. 59Disqualification for being an election agent
  59. 60Revocation of the appointment or death of an election agent
  60. 61Functions of election agents
  61. 62Appointment of polling agents
  62. 63Appointment of Counting Agents
  63. 64Revocation of the appointment of death of a polling agent or a counting agent
  64. 65Functions of polling agents and counting agents
  65. 66
  66. 67Non-attendance of polling or counting agents
  67. 68Death of candidate before poll
  68. 69Procedure in contested and uncontested elections
  69. 70Fixing time for poll
  70. 71Adjournment of poll in emergencies
  71. 72
  72. 73Countermanding of election or adjournment of poll on the ground of booth capturing
  73. 74Manner of voting at lection
  74. 75Special procedure for preventing personation of electors
  75. 76Right to vote
  76. 77Counting of votes
  77. 78
  78. 79Equality of votes
  79. 80Declaration of results
  80. 81Report of the result
  81. 82Date of election of candidate
  82. 83Publication of results of general elections to the panchayat
  83. 83ACessation of membership
  84. 84Bye-elections to fill casual vacancies
  85. 85
  86. 87Election petitions
  87. 88The Court competent to try election petitions
  88. 89Presentation of petitions
  89. 90Parties to the petition
  90. 91Contents of petition
  91. 92Relief that may be claimed by the petitioner
  92. 93Trial of election petition
  93. 94Procedure before the court
  94. 95Documentary evidence
  95. 96Secrecy of voting not be infringed
  96. 97Answering of criminating questions and certificate of indemnity
  97. 98Expenses of witnesses
  98. 99Recrimination when seat claimed
  99. 100Decision of the court
  100. 101Other orders to be made by the court
  101. 102Grounds for declaring election to be void
  102. 103
  103. 104Procedure in case of an equality of votes
  104. 105Communication of orders of the court
  105. 106Transmission of order to the appropriate authority etc., and its publication
  106. 107Effect of orders of the court
  107. 109Procedure for withdrawal of election petition
  108. 110Report of withdrawal by the court to the State Election Commission
  109. 111Abatement of election petitions
  110. 112Abatement or substitution on death of respondent
  111. 113Appeals
  112. 114Procedure in appeal
  113. 115Security for costs
  114. 116Security for costs from a respondent
  115. 117Costs
  116. 118Payment of costs out of security deposits and return of such deposits
  117. 119Execution of orders as to costs
  118. 120Corrupt practices
  119. 121Promoting enmity between classes in connection with election
  120. 122
  121. 123
  122. 124Restrictions on the printing of pamphlet, posters, etc
  123. 125Maintenance of Secrecy of voting
  124. 126
  125. 127Prohibition of canvassing in or near polling stations
  126. 128Penalty for disorderly conduct in or near polling stations
  127. 129Penalty for misconduct at the polling station
  128. 130Penalty for failure to observe procedure for voting
  129. 131
  130. 132
  131. 133Breaches of official duty in connection with elections
  132. 134
  133. 135
  134. 136Removal of ballot papers from polling station to be an offence
  135. 137Offence of booth capturing
  136. 138
  137. 140
  138. 141
  139. 142
  140. 143
  141. 144
  142. 145
  143. 146
  144. 147
  145. 148
  146. 149Term of office of members
  147. 150Special elections
  148. 151
  149. 153Election of President and Vice-President
  150. 156Function of President and Vice-President
  151. 157Motion of no confidence
  152. 158Right of individual members
  153. 160
  154. 161Meetings of Panchayats
  155. 162
  156. 164Sub-Committees and Ward Committees
  157. 166Powers, duties and functions of village panchayat
  158. 167Transfer to villagepanchayats of functions, institutions or works
  159. 168Maintenance of common dispensaries, child welfare centres, etc
  160. 171Vesting of community property or income in village panchayats
  161. 172
  162. 173Power, duties and functions of district panchayats
  163. 174Delegation of powers and functions of Government to Panchayat
  164. 176Entrustment of schemes to panchayats for implementation
  165. 177Power to accept donations and trusts
  166. 178Acquisition of immovable property required by the panchayat
  167. 179Appointment of Secretaries
  168. 180Officers and employees of Panchayat
  169. 181Power of the Government to lend the service of their officers and employees to Panchayat
  170. 182
  171. 183Exercise of functions of Secretary by other officers in certain cases
  172. 184Delegation of functions of Secretary
  173. 185Channel of Correspondence
  174. 186Finance Commission
  175. 188
  176. 189General power of Government to issue guidelines and to conduct enquiry
  177. 190Power or take action for default by a Panchayat President, or Secretary
  178. 194
  179. 196Grants and loans for schemes and projects
  180. 197Power of Panchayat to raise loan
  181. 198Power of Panchayat to collect fixed fees
  182. 199Surcharge on tax on direction by the Government
  183. 200Taxes cess etc, which may be levied by village panchayat
  184. 202Basic tax grant
  185. 204Profession tax
  186. 205BRequisition on owner or occupier to furnish list of persons liable to tax
  187. 205CRequisition on employers or their representatives to furnish list
  188. 205FAssessment of profession tax by head of office etc
  189. 205GIssue of receipt for remittance
  190. 205KPenalty for non-payment of tax
  191. 207Exemption from Tax, Cess, etc
  192. 208Surcharge on 154 * * [property tax]
  193. 210Recovery of arrears of tax, cess, etc
  194. 211Power to require village officer to collect taxes and fees due to panchayats
  195. 212Panchayat funds
  196. 213Items of expenditure debitable to panchayat fund
  197. 215Accounts and audit
  198. 216Contribution to the expenditure by other local Self Government Institutions
  199. 217Recovery of loans and advances made by Government
  200. 218Vesting of watercourse, springs, reservoirs, etc., in Village Panchayats
  201. 219Contributions from persons having control over places of pilgrimage etc
  202. 219CContract with owner or occupier for removal of rubbish or filth
  203. 219DIntroduction of house-to-house collection of rubbish
  204. 219GProvision for processing of solid wastes
  205. 219HRemoval of rubbish and solid waste accumulated on non-residential premises
  206. 220Prohibition of constructions in or over public roads, etc
  207. 221
  208. 222Licensing of private markets
  209. 223Levy of fees by licensees of private markets
  210. 224Prohibition of sale in unlicensed private markets, etc
  211. 225Prohibition of sale in public roads
  212. 226Prevention of person suffering from contagious diseases from entering markets
  213. 227Public landing places and cart-stands, etc
  214. 228Private cart-stands
  215. 229Public slaughter houses
  216. 230Licence for slaughter houses
  217. 231Slaughter of animals for sale as food and power of Inspection
  218. 232Purpose for which places may not be used without a license
  219. 233Permission for the construction of factories and the installation of machinery
  220. 233C
  221. 234
  222. 234B
  223. 235C
  224. 235
  225. 235VApplication of the Provisions to alteration and additions
  226. 236General provisions regarding licenses and permissions
  227. 237Government not to obtain licence and permission
  228. 238Precautions in case of dangerous trees and pruning of hedges and trees
  229. 239Power of Panchayat for carrying out their functions
  230. 240
  231. 241Powers of entry and inspection
  232. 242Power to call for information from village officers
  233. 243Limitation for recovery of dues
  234. 244Writing of irrecoverable amounts
  235. 245Persons empowered to prosecute
  236. 246Composition of offence
  237. 247Prosecutions and compositions to be reported to Panchayats
  238. 248
  239. 249Institutions of suits against authorities of Panchayats, their officers etc
  240. 250Protection of Acts done in good faith
  241. 252Duties of Police Officers
  242. 254Powers of Government to make rules
  243. 255Penalties for breach of rules
  244. 256
  245. 257General provisions regarding penalties specified in schedule
  246. 258Penalty for acting as President Vice President or member of a Panchayat when disqualified
  247. 259
  248. 260Wrongful restraint of Secretary or his delegate
  249. 261Prohibition of obstruction of Panchayat etc
  250. 262
  251. 263Penalty for not giving information or giving false information
  252. 264Fines to be credited to Panchayat
  253. 265Definitions
  254. 267Penalty for maintaining or running unregistered tutorial institution
  255. 269Definition
  256. 270Registration of Private hospitals and private para-medical institutions
  257. 271Collection of fees by the village panchayat
  258. 271LService of Government Departments
  259. 271MInvestigation
  260. 272
  261. 273Power to farm out fees
  262. 274Extension of provisions of the Municipal laws or of the rules thereunder
  263. 275
  264. 277Construction of reference to Panchayat and District Council
  265. 278
  266. 279Village Panchayat to regulate the use of contain porambokes
  267. 280Power to remove difficulties
  268. 281Offences by companies
  269. 282Adjudication of disputes between Panchayats
  270. 283Power of Government to alter Schedules
  271. 284Repeal and Savings
  272. 285Transitional provisions

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Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Every one of the 272 sections of this Act has its own page. This page is not a substitute for legal advice.