169.Vesting of Public roads in village panchayats.

  1. 99Notwithstanding anything contained in the Kerala Land Conservancy Act 1957 (8 of 1958), or in any other law for the time being in force, all public, roads other than those classified by the government s National Highway, State Highway or major district roads, bridges, culverts, ditches, dykes, fences on or beside the same protective devices and all adjacent land, not being private property appertaining thereto, within the panchayat area, i.e.-
    1. in the District Panchayats – All district roads other than major district road within the area of more than one block panchayat;
    2. in the Block Panchayats – District roads and village roads other than major district roads within the area of more than one village panchayat comprised in a Block Panchayat;
    3. in the village Panchayats – other village roads, paths and lanes within the Village Panchayat area. Together with all pavements, stones and other materials and other things installed therein, all drains culverts made along side or under such roads and all works, materials and things appertaining thereto may be deemed as transferred to and vested absolutely in the panchayat area.
  2. Subject to the provisions of this Act, all rights and liabilities of the Government in relation to the public roads and other properties, materials and things vested in the Panchayat under sub-section (1) or sub-section (4) shall, from the date of such vesting, be the rights and liabilities of the Panchayat.]
  3. Notwithstanding anything contained in sub-section (1) or sub-sections (2) the Government may at any time by notification in the Gazette, exclude from the operation of this Act any such public road, sewer, drain, drainage work, tunnel or culvert and may also modify or cancel such notification and thereupon they shall revest in Government.
    Provided that, before issuing such a notification the Government shall consult the village panchayat concerned and give due regard to the objections, if any.
  4. The government may, by notification in the Gazette, order the transfer to and vesting in, a village panchayat, of any public road or class of public roads in the village panchayat and thereupon such road or roads shall notwithstanding anything contained in sub-section (1), but subject to the other provisions of this Act, stand transferred to and vest in, such village panchayat.
  5. It shall not be lawful for any persons to occupy any land which is transferred to and vested in a 100[ ] panchayat under sub-section (1) or sub-section (4), whether a poramboke or not, without prior permission from the 101[ ] panchayat concerned. Explanation. - For the removal of doubts its is clear by declared that in the erection of any wall, fence or building or the putting up of any over hanging structure of projection (whether on a temporary or permanent basis) on or any land aforesaid shall be deemed to be occupation such land.

99 Substituted by Act 13 of 1999.
100 Omitted by Act 13 of 1999.