KERALA PANCHAYATS (AMENDMENT) ACT, 1967

KERALA PANCHAYATS (AMENDMENT) ACT, 1967

Preamble - KERALA PANCHAYATS (AMENDMENT) ACT, 1967

THE KERALA PANCHAYATS (AMENDMENT) ACT, 1967

[Act No. 22 of 1967]

[2nd September 1967]

PREAMBLE

An Act further to amend the Kerala Panchayats Act, 1960.

Whereas it is expedient further to amend the Kerala Panchayats Act, 1960, for the purposes hereinafter appearing;

Be it enacted in the Eighteenth Year of the Republic of India as follows:-

Section 1 - Short title and commencement

(1)     This Act may be called the Kerala Panchayats (Amendment) Act, 1967.

(2)     It shall come into force on such date as the Government may, by notification in the Gazette, appoint; and different dates may be appointed for different provisions of this Act.

Section 2 - Amendment of section 5

In section 5 of the Kerala Panchayats Act, 1960 (32 of 1960) (hereinafter referred to as the principal Act), the proviso to sub-section (3) shall be omitted.

Section 3 - Amendment of section 8

For section 8 of the principal Act, the following section shall be substituted, namely:-

"8. Reservation of seats for women.-

(1)     In every Panchayat there shall be reserved one seat for women in such ward as has the largest number of women electors among the wards in the Panchayat.

(2)     The Government or any officer authorised by the Government in this behalf shall specify the ward for the purposes of sub-section (1):

Provided that before specifying such ward, the Government or such officer, as the case may be, shall publish, in such manner as may be prescribed, a notice in the prescribed form inviting objections and suggestions in the matter and consider the objections and suggestions, if any, so received.

(3)     Nothing contained in sub-section (1) shall be deemed to prevent women from standing for election to the non-reserved seats in the Panchayat."

Section 4 - Amendment of section 10

In section 10 of the principal Act,-

(1)     for sub-section (3), the following sub-section shall be substituted, namely:-

"(3) The ward in which a seat is reserved under section 7 or section 8 shall, in addition to a member for the non-reserved seat, elect a member for the reserved seat.

Explanation.-Where the seat reserved under section 7 is in the ward in which a seat is reserved under section 8, that ward shall elect members for both the reserved seats in addition to a member for the non-reserved seat.";

(2)     in sub-section (5), after the word and figure "section 7", the words and figure "or for women under section 8" shall be inserted;

(3)     in sub-section (6), for the words "the other vote", the words "the other vote or votes, as the case may be," shall be substituted.

Section 5 - Amendment of section 54

In section 54 of the principal Act,-

(a)      in sub-section (3), after the words "Any officer of the Government", the words "not below the rank of District Panchayat Officer" shall be inserted;

(b)      for sub-sections (4), (5) and (6), the following sub sections shall be substituted, namely:-

"(4) The officer authorised under sub-section (3) shall preside at the meeting convened under this section:

Provided that if such officer is unable to preside at the meeting on medical grounds, an officer not below the rank of Tahsildar authorised by the District Panchayat Officer in this behalf shall preside at the meeting.

(5) A meeting convened for the purpose of considering a motion under this section shall not, for any reason, be adjourned."

(c)      in sub-sections (8), (11) and (12), for the words "authorised officer", the words "officer presiding at the meeting" shall be substituted.

Section 6 - Amendment of section 57

In sub-section (1) of section 57 of the principal Act,-

(a)      in clause (a), for the words, "the roads of the Malabar District Board", the words "or district roads" shall be substituted;

(b)      after clause (1), the following clause shall be inserted, namely:-

"(m) maintenance of the Village Court established for the panchayat area, by providing accommodation, necessary staff and funds for meeting contingent expenditure."

Section 7 - Amendment of section 62

In section 62 of the principal Act,-

(a)      in sub-section (1),-

(i)       for the words "and the roads of the Malabar District Board", the words "or district roads" shall be substituted;

(ii)      for the words "shall vest in the Panchayat", the words "shall stand transferred to, and vest in, the Panchayat" shall be substituted;

(b)      after sub-section (1), the following sub-section shall be inserted, namely:-

"(1A) 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 (3) shall, from the date of such vesting, be the rights and liabilities of the Panchayat."

(c)      in sub-section (2),-

(i)       for the words "The Government may", the words, brackets, figures and letter "Notwithstanding anything contained in sub-section (1) or sub-section (1A), the Government may" shall be substituted;

(ii)      the following proviso shall be inserted at the end, namely:-

"Provided that, before issuing such a notification, the Government shall consult the Panchayat concerned and give lue regard to its objections, if any."

(d)      for sub-section (3), the following sub-section shall be substituted, namely:-

"(3) The Government may, by notification in the Gazette, order the transfer to, and vesting in, a Panchayat, of any public road or class of public roads in the Panchayat and there upon 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 Panchayat.".

Section 8 - Amendment of section 82

In section 82 of the principal Act,-

(a)      in sub-section (1), for the words "shall vest in the Panchayat and be subject to its control", the words "shall stand transferred to, and vest in, the Panchayat" shall be substituted;

(b)      after sub-section (1), the following sub-section shall be inserted, namely:-

"(1A) Subject to the provisions of this Act, all rights and liabilities of the Government in relation to the watercourses, springs, reservoirs, tanks, cisterns, fountains, wells, standpipes and other water works vested in the Panchayat under sub-section (1) shall, from the date of such vesting, be the rights and liabilities of the Panchayat."

(c)      for sub-section (2), the following sub-section shall be substituted, namely:-

"(2) Notwithstanding anything contained in sub-section (1) or sub-section (1A), the Government may, by notification in the Gazette, assume the administration of any public source of water supply and public land adjacent and appertaining thereto after consulting the Panchayat and giving due regard to its objections, if any."

Section 9 - Amendment of Schedule I

In Schedule I to the principal Act, the word "nominated" shall be omitted.