The Kerala PanchayatRaj (Restrictions and Conditions on the Powers of Entry and Inspection) Rules, 1998

1. Short title and commencement. —

  1. These rules may be called the Kerala PanchayatRaj (Restrictions and Conditions on the Powers of Entry and Inspection) 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) ‘section’ means a section of the Act;
  • (c) 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. Entry for enquiry or inspection. — No Secretary or a person authorised by him or by the Panchayat shall, unless the occupier has been served with atleast twenty four hours' previous notice of the intention, enter, for the purposes of clause (a) of sub-section (1) of Section 241 anydwelling house or any part of a public building used as a dwelling place without the consent of the occupier thereof.
4. Entry into the premises having licence or permit. For the purpose of clause (b) of sub-section (1) of Section 241, —
(a) the Secretary or any person authorised by him or by the Panchayat shall enter any premises between sunrise and sunset;
(b) the Secretary or any person authorised by him or by the Panchayat may, if there is reason to believe that any premises is being used for any of the purposes mentioned below without a licence or permission, when it is required by or under the Act that the premises shall be used only with such licence or permission or that anything is being done in such premises otherwise than in conformity with the conditions of licence or permission, enter such premises at any timeby day without giving notice for satisfying himself that no provision of the Act, rules, bye-laws,or regulations or conditions of licence or permission or lawful direction or prohibition is being * Published in Kerala Gazette (Extra) No. 1140, as No. 6865/N1/1999/LSGD dt. 09-07-2001.
contravened:—
(1) tanning of hides or skins;
(2) manufacturing of gun powder or fireworks;
(3) brewing of beer, manufacturing of arrack or other liquor containing alcohol (whether
denatured or not) by distillation;
(4) storing any explosive or combustible materials:
Provided that the Secretary or any person authorised by him or by the Panchayat shall,even when a premises may be entered without notice, give sufficient notice to the concerned,enabling the women occupying any part set apart for them to get sufficient opportunity to remove
to any part of the premises in such a way that their privacy may be preserved.

 

Explanatory Note
(This does not form pan of the Notification, but is intended to indicate its general purpose.)As per sub-section ( I ) of Section 241 of the Kerala Panchayat Raj Act, 1994 (13 of 1994), subject to suchrestrictions and conditions as may be prescribed, the Secretary or a person authorised by him or by the Panchayatmay, along with or without assistants or servants enter and inspect any place, building or land for the purposes ofexecuting the functions provided therein. Government have decided to prescribe necessary restrictions and conditions
for such power of entry. This notification is intended to achieve the above purpose.