The Kerala Panchayat Raj (Granting of Remission to Contractors and Lessees) Rules, 1998

1. Short title and commencement—

(1) These rules may be called the Kerala Panchayat Raj (Granting of remission to contractors and lessees) Rules, 1998.
(2) They shall come into force at once.
2. Definitions. —

(1) In these rules unless the context otherwise requires, —
(a) 'Act' means the Kerala Panchayat Raj Act, 1994 (13 of 1994);
(b) 'Panchayat' means Village Panchayat, Block Panchayat or District Panchayat constituted under Section 4 of the Act;
(c) 'Contractor/lessee' means contractor/lessee who has entered into contract with the Panchayat in respect of any fees or lease amount or rent which is due to the Panchayat.
(2) Words and expressions used and not defined in these rules, but defined in the Act shall have the meanings respectively assigned to them in the Act.
3. Realisation of amount as per contract. — The revenue, which is to be realised from all persons or lessees who have entered into contract with the Panchayat, shall be realised by following strictly the terms of contract.
4. Granting of remission. —

(1) No remission shall be granted in the contract amount otherwise than on the ground that the Panchayat is satisfied that loss has been
caused to the lessee/contractor as he was prevented from carrying out the contract by reason of the occurrence of some event beyond the human control at the time of making contract, which could not reasonably have been anticipated like the outbreak of any epidemic or riot.
(2) The amount of remission granted shall be in proportion to the days which the contractor/lessee is prevented from carrying out the contract as per the terms of contract on the grounds stated under sub-rule (1).
* Published in K.G.Ex.No. 877 dt. 20-7-2001, as S.R.O. No. 466/98, & No. 49678/N1/2000/L.S.G.D. dt
26-5-2001.
(3) If penalty provided for belated payment in terms of contract, the amount so levied as penalty shall not be included in the amount or remission granted.
(4) If installments are allowed for the payment of amount under the terms of contract, such remission shall be granted only in cases where the contract amount has been paid in that financial year itself till the happening of destruction.
5. Application for granting of remission. —

(1) The lessee/contractor who is eligiblefor remission under sub-rule (1) of Rule 4 shall submit an application to the Panchayat explaining
the reason therefore.
(2) The Secretary shall give report on the application for remission after conducting necessary enquiry.
(3) The Panchayat committee shall take decision within thirty days on receipt of the application under sub-rule (1).
(4) The Panchayat shall obtain approval of the Government before granting remission exceeding ten thousand rupees.

 

Explanatory Note


(This does not form part of the Notification, but is intended to indicate its general purport.) Government have decided to make rules under sub-section (1} of Section 254 of the Kerala Panchayat Raj Act,1994 (13 of 1994) regarding the granting of remission of any fees or lease amount or rent due to the Panchayat in the cases where loss has been caused to the lessee/contractor, who has entered into a contract with the Panchayat, as he was prevented from carrying out the contract by reason of the concurrence of some event beyond the human control which could not reasonably have been anticipated at the time of making the contract. This notification is intended to achieve this object.