The Kerala Panchayat Raj (Custody of Records and Issue of Copy) Rules, 1998

1. Short title and commencement.—

(1) These rules may be called the Kerala Panchayat Raj (Custody of Records and Issue of Copy) Rules, 1998.

(2) They shall come into force at once.

2. Definitions.—In these rules, unless the context otherwise requires,—

(a) ‘Act’ means the Kerala Panchayat Raj Act, 1994 (13 of 1994);

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

1[3. Custody of the Panchayat records and their transparency.— (1) All the records in respect of the performance of the duties vested in a Panchayat and those in respect of the exercise of the powers thereof under the Kerala Panchayat Raj Act, 1994 or the rules made there under and all the records relating to the proceedings of the meeting of the Panchayat and those of every committee thereof shall be under the custody of the Secretary or the Officer authorised by him:

Provided that if the performance of any duty of the Panchayat or the exercise of the powers thereof arc executed by an Officer deputed by the Government, the records related to those matters shall be under the custody of the said Officer or another Officer authorised by him.

1. As amended by S.R.O.No412/2000, dt.3-3-2003, No.367

2) Every record of the Panchayat, except those which related to a matter classified as confidential by the Government or any authority empowered by them, or the records containing details of such matters, shall be a public document and every person shall be entitled to get the copy of such records or of the relevant portion thereof or to copy the relevant portions thereof if needed.]

4. Application for sanction to get copy of records or to copy the records.—(1) Those who wish to get the copy of a record or of the relevant portion thereof which is considered to be the public document of a panchayat or to personally peruse and copy the same shall submit the application in Form I appended to these rules to the Secretary of the Panchayat or the Officer concerned as the case may be, who is entrusted with the custody of the record.

(2) If a record relates to a period prior to the current year, the search fees at the rate specified in the first schedule appended to these rules shall be remitted in the respective office along with the application under, sub-rule(l).

(3) The fees for copy at the rate specified in the second schedule appended to these rules shall be remitted in the respective office along with the application for the copy of a record or the relevant portion thereof.

(4) In case the search fee or the fee for copy cannot, in advance, be estimated accurately, a fixed amount may be remitted as fee along with the application and if such fixed amount remitted turns to be insufficient, the applicant shall, within the date specified by the Secretary or the Officer concerned, remit the necessary additional amount also and if the fixed amount remitted is found to be in excess, the amount that is in excess of the fee for copy shall be refunded, on record, to the applicant.

2 ["Provided that in case there is written request from the departments of Government for copied of extracts of any document, proceedings or relevant portion of any other kind of records of the Panchayat for official purpose, copies shall be prepared and be given without any kind of fees".]

(5) The Secretary or the Officer concerned shall give to the applicant, a signed receipt for the search fee and the fee for copy remitted by the applicant.

2. Added by S.R.O.No.1080/2005, dt.13-12-2005, No.2687

(6) The search fee and the fee for copy remitted by the applicant shall be credited to the Panchayat Fund.

Note—-It is not necessary to submit separate applications for the copy of each record or the relevant portion thereof.

3 [5. Rejection of application.—(1) The Secretary, or the Officer concerned may reject an application for sanction to get the copy of a Panchayat record or the relevant portion thereof or to copy the same on the following grounds:

(a) if the record is not a public document; or,

(b) if the record is not forthcoming even after a thorough search; or t

(c) if the record has been destroyed on the expiry of the time-limit fixed for its retention; or,

 

(d) if the details, in respect of the record given in the application, are incomplete; or,

(e) if the applicant has not remitted the required search fee or the fee for copy.

(2) In case an application is rejected on any of the grounds in clauses (a),(b), (c) and (d) of sub-rule (1), the fee for copy, if remitted along with the application, shall be refunded on record.

(3) The Secretary or the Officer concerned shall issue to the applicant a certificate, in respect of a record which had actually -existed and of which a copy has been required, stating the reason,

(a) that it is not forthcoming; if the same is not forthcoming even after a thorough search, and:

(b) that it has been destroyed; if the same has been destroyed on the expiry of the time-limit fixed for its retention]

 

3. As amended by S.R.O.No.412/2000, dt.3-3-2003, No.367

 

4 [6. Preparation and issue of attested copy of the record granting permission for the personal perusal of the record.—(1) In case an application has not been rejected under rule 5, the application shall be disposed within fifteen days of its receipt,

(2) The copy given to the applicant shall be attested by the Secretary or the Officer concerned in proof of its genuineness and the seal of the Panchayat or of the Office concerned shall be affixed thereon.

(3) Copy may also be prepared using photocopying facility or computer printing facility if such arrangements are available for the preparation of copy.

(4) The copy may either be given directly to the applicant or be sent to him by post.

(5) In case the application is for personally perusing and copying the record, the applicant shall be informed of the date on which he shall be present in the office for the purpose and shall be permitted to copy the record concerned.

(6) perusing and copying the record by the applicant shall be in the presence of the Secretary or the officer concerned or another Officer authorised by him.

 

(7) The applicant shall not, while perusing or copying the record cause any damage to it or destroy the documents therein or write anything in it or alter or erase the recordings therein or do any other similar fraudulent activities and the record shall be returned to the Secretary or the Officer concerned after perusing or copying it, as the case may be.]

 

7. Details in respect of the issue of copy of records to be recorded in the register.— 5["The Secretary or Officer concerned shall maintain a register in Form2 appended to these rules"] and shall record the details regarding the issue of copies in the said register.

 

 

4. Amended by S.R.O.No.1080/2005, dt.13-12-2005, No.2687

5. Amended by S.R.O.No.1080/2005, dt.13-12-2005, No.2687

 

6[8 Appeal.—-In case an application has been rejected under rule 5, the applicant may submit an appeal before the Officer authorised by Government and his decision thereon shall be final.

7["FIRST SCHEDULE

RATE OF SEARCH FEE

[See sub-rule (2) of rule 4]

Serial Number

Description

Rate

(1)

(2)

(3)

1

For the search of a record relating to the year immediately prior to the current year

5 rupees

2

For the search of a record one year prior to the current year but not older than three years

1 0 rupees

 

3

For the search of a record three years prior to the current year but not older than five years

15 rupees

4

For the search of a record five years older than the current year

20 rupees

Note-. I. Current year mean the current financial year in the case of records related to the financial matters and the current calendar year in the case of other records.

2. The appendices and the enclosures of the letters or of the account or of other documents which are part of the same record may not be considered as separate records for the purpose of assessing the search fee"]

8["SECOND SCHEDULE

RATE OF FEES FOR COPY

[See sub-rule (1) of rule 6]

Sl.No

Description

2

Rate

3

1

A4 size (21 X29, 7cm) page (hand written or type written)

5 rupees

2

A4 size (21 X 29.7 cm) page in tabular form (hand written or type written)

10 rupees

3

A4 size (21x29.7 cm) Photocopy page

2 rupees

4

Computer print out page

5 rupees

5

Map or plan (only those which can be copied)

10 rupees"]

 

6. Added by S.R.O.No.1080/2005, dt.13-12-2005, No.2687

7. Amended by S.R.O.No.1080/2005, dt.13-12-2005, No.2687

8. Substituted by S.R.O.No.1080/2005, dt.13-12-2005, No.2687

 

(1) In the case of taking copy of figures, each five figures shall be considered as one word,

9["FORM 1

[See sub-rule (1) of rule 4]

APPLICATION FOR SANCTION TO GET COPY OF PANCHAVAT

RECORD/EXTRACT OF THE RELEVANT

PORTION OF THE RECORD

1. Name and address of the applicant :

2. Name of Panchayat

3. Name and place of the Office/Institution :

where the concerned record is kept

4. Details of the required record (subject, :

file Number, year, date of the order etc.,

as far as known)

5. Whether the application is for sanction :

for getting copy of the record or to copy

the relevant portion of the record

6. Details of the search fee, fee for copy etc. :

remitted (amount remitted, date of

remittance, receipt number etc.)

7. The purpose for which copy of the record/ :

copy of the relevant portion of the record

is required

Place....................

Date.................... Signature of Applicant"]

 

9. Amended by S.R.O.No.1080/2005, dt.13-12-2005, No.2687

 

 

 

FORM 2

Model of the register showing the details in respect of the issue of copy of records.

1. Serial Number .

2. Date of application for copy

3. Name of applicant

4. Search fees remitted

5. Nature of record, the copy of which is applied for

6. If the issue of copy is refused , the

reason there of, the date of certificate

and whether the fees has

been refunded

7. Fee for copy remitted

8. Date of issue of copy

9. Remarks

By order of the Governor

S.M.VIJAYANAND,

Secretary to Government.

 

Explanatory Note

 

(This does not from part of the Notification, but is intended to achieve its genial purport.)

Clause (XIV) of sub-section (2) of section 254 of the Kerala Panchayat Raj Act, 1994 empowers the Government to make rules regarding the issued to the public of copies of any proceeding or record of the Panchayat not relating to a matter classified as confidential by the Government or any authority empowered by them and the fees to be levied for the issue of such copies. Government intends to make such rules.

 

This Notification is intended to achieve the above object.

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