The Kerala Panchayat Raj (Procedure for the Making of Bye-laws) Rules, 1995

1. Short title and commencement, -

  1.  These rules may be called the Kerala Panchayat Raj (Procedure for the Making of Bye-laws) Rules, 1995.
  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) "Bye-laws" means the bye-laws ' made by the Panchayat under section 256 of the Act;
  • (c) 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.

3. Procedure for making of bye-laws.—

  1. Where a. Panchayat decides • to make by-laws or alter the existing bye-laws, the draft as approved by the Panchayat shall be published-together with a notice inviting objection and suggestions, in the manner,as. specified in sub-rule (,3).
  2. The period that may be allowed for receiving- objections and suggestions shall not be less than thirty days.
  3. Copies of the notice with the draft bye-laws shall be published in the notice board of the office of the Panchayat and in not less than two prominent places in the Panchayat area.
  4. The Panchayat shall consider all the objections and suggestions received before the date specified in the notice.

 

5) Every bye-law passed by the Panchayat shall be forwarded to the Government-or to the officer authorised by the Government for approval.

(6) No bye-law or alteration of the bye-law or annulment of the bye- law shall have effect until the same is approved by the Government or by the Officer authorised by the Government.

(7) Any bye-law or alteration of the bye-law or annulment of the bye-law shall, immediately when it is duly approved by the Government or the officer authorised .by the Government, be published by the Panchayat concerned by affixing in the notice board of the respective Panchayat and in-the places where the draft bye-laws were published under sub-rule (3),

specify the date on which 'it was approved. They shall come into force with effect from the date of such publication unless otherwise directed. The Village Panchayat shall place and read any such approved bye-law or alteration of the bye-law or annulment of the bye-law of a Village Panchayat, in the next meeting of the Grama Sabha in its area. Such approved bye-laws of the Block Panchayat shall be published by affixing in the notice boards of all the Village Panchayats included in it and that of the District Panchayat' in the notice boards of all the Block Panchayats and the Village Panchayats included in it.

 

(8) Every bye-law or annulment of a bye-law or alteration, after its publication under sub-rule (7), shall be translated into Malayalam, if it is not made in Malayalam language, and shall be published as specified under sub-rule (7). The copies of the bye-laws shall be made available for sale to the public at the price fixed by the Panchayat.

By order of the Governor K. MOHANDAS, Secretary to Government

 

Explanatory Note

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

Sub-section (3) of section 256 of the Kerala Panchayat Raj Act, 1994 (13 of 1994) empowers the Government to make rules regarding the procedure for the making of bye-laws, the publication thereof and the date on which they shall come into effect. This Notification is intended to achieve the above object.