The Kerala Panchayat Raj (Procedure to be adopted on Illegal Resolutions) Rules,2003

1. Short title and commencement. —

    1.  These rules may be called Kerala Panchayat Raj (Procedure to be adopted on Illegal Resolutions) Rules
    2.  They shall come into force at once.

2. Definition —

(1) In these rules, unless the context otherwise requires, —

        1.  'Act' means the Kerala Panchayat Raj Act, 1994 (13 of 1994);
        2.  ‘Section' means a section of the Act, .

(2) Words and expressions used but not defined in these rules but denned in the Act shall have the meanings respectively assigned to them in the Act.

3 . Liability of .the Secretary to assist the Panchayat in taking lawful decisions. —

( 1 } The Secretary shall be liable to give advice to the Panchayat for taking decisions in accordance with the provisions of the Act and that of the Rules made there-under on every matter coming before the Panchayat for consideration.
(2) The Secretary shall, in advance examine whether a resolution intended to be passed by the Panchayat is against the provisions of the Act or of any other law or rules; or the lawful guidelines of the Government and
whether its passing would be the violation or abuse of any of the powers vested in the Panchayat under the Act and whether the implementation of the same would endanger human life or health or public safety and shall record his opinion on such matters in the respective files, and shall, in writing, inform the President or the person presiding over the Panchayat meeting which considers the resolution as the case may be, and shall also explain his opinion in the meeting .
(3) Opinion n stated by the Secretary in the meeting shall be included in the minutes of the meeting and no change therein shall be made by the person presiding over the meeting.
4. Procedure on illegal resolutions. —

(1) Where the Secretary is of the opinion that a resolution passed by the Panchayat has not been legally passed or passed in excess of the powers conferred by the Act, or that, if implemented, it may endanger human life or health or public safety, he shall, in writing, request the Panchayat to review the said decision and such request ,shall be included in the Agenda prepared under rule 5 of the Kerala Panchayat Raj (Procedure for Panchayat Meeting) Rules, 1995 as a subject for consideration in the next meeting of the Panchayat.
(2) A note containing the opinion of the Secretary under sub- rule (1) shall be given to the members before the meeting, and at the time of discussion of the subject in the meeting, the Secretary shall explain his opinion therein.
(3) After discussion of the subject, if the Panchayat resolves to uphold its earlier decision, the Secretary shall, within two days forward the Panchayat resolution and his opinion thereon by Registered post to the Government for its decision or shall, in case of urgency, deliver it directly to the Government:
Provided that the Secretary shall not take any action under this sub-rule without giving prior information to the President.
(4) Government shall, as earl} as that may be within fifteen days, examine and take appropriate action under section 191 on a resolution of the Panchayat, received from the Secretary for the decision of the Government under sub-rule (31
(5) The Government may, before taking a decision on the resolution passed by the Panchayat, call for the explanation, report or records of the Panchayat as to the circumstances that led to the passing of the resolution and if so required the Panchayat shall submit to the Government such explanation, reports or records within one month and the Government may, after examining the same, if found necessary, give an opportunity to the Panchayat to review is decision.
(6) Where no directions has been received from the Government within fifteen days after a Panchayat decision was forwarded to the Government, the Secretary shall, on the presumption that the Government have no direction to be issued in the matter implement the said resolution and in form the matter to the Government forthwith.
(7) The Secretary shall inform the President in writing any direction received from the Government under sub-rule (4) and shall take further action in accordance with the said direction.
By order of the Governor,
P. KAMALKUTTY
Secretary to Government.


Explanatory Note
(This does not form part of the Notification, but is intended to indicate its general purport.) _
It has become necessary to bring substantial amendments to the Kerala Panchayat Raj (Procedure to be adopted on Illegal Resolutions) Rules, 1996 in the light of the amendments made to sections 182 and 191 of the Kerala Panchayat Raj Act, 1994 by the Kerala Panchayat Raj (Amendment) Act, 1999. Government consider it more desirable to issue fresh rules incorporating the revised provisions in respect of the subject than to amend the existing rules.
This Notification is intended to-achieve the above purpose.