[1][THE
DELIMITATION COMMISSION FOR THE KERALA LOCAL SELF GOVERNMENT INSTITUTIONS
RULES, 2005 In exercise of the powers
conferred by subsection (1) (a) of section 10 of the Kerala Panchayat Raj Act,
1994 (13 of 1994), the Government of Kerala hereby make the following rules,
namely. - Rules (1)
These rules may be called the Delimitation Commission for the
Kerala Local Self Government Institutions Rules, 2005. (2)
They shall come into force at once. In these rules, unless the
context otherwise requires. (a)
"Local Self Government Institutions" means a Panchayat
constituted under the Kerala Panchayat Raj Act, 1994 (13 of 1994) or
Municipality constituted under the Kerala Municipality Act 1994 (20 of 1994); (b)
"Section " means a section of the Panchyat Raj Act or of
the Municipality Act; (c)
"Commission" means the "Delimitation
Commission" constituted under sub-section (1) of Section 10 the Kerala
Panchyat Raj Act; (d)
"Member" means the members including the Chairman of the
Delimitation Commission; (e)
"Government" means the Government of Kerala State. (f)
"Secretary" means the Secretary to the Commission. (g)
Words and expressions used but not defined in these rules, but
defined in the Kerala Panchyat Raj Act, 1994 or in the Kerala Municipality Act,
1994 shall have the meanings respectively assigned to them in the above said
Acts. The boundaries of the Local Self
Government Institutions shall be fixed as per the Kerala Panchyat Raj Act,
1994, the Kerala Municipality Act, 1994 and these Rules. (1)
The commission shall have the powers vested with a civil court
while holding charge as per rule 5, while trying a case under the Civil
Procedure Code, 1908 (Central Act 5 of 1908) in respect of the following
matters namely. (a)
To summon any witness and to enforce his attendance and to
examine; (b)
To require the discovery and production of any document. (c)
To take evidence on affidavit; (d)
To require a public record or its copy from any court or office. (2)
When cases relating to election originals, in such occasions, the
Secretary to the Delimitation Commission will have the power to file affidavit
before the court. For the functioning of the
Commission, in accordance with the written direction of the Chairman of the
Delimitation Commission, the officers and employees of the Commission can
utilize the service of the officers and employees of the State Election
Commission. Provided that in cases where it
deems necessary, the Government can appoint in consultation with the
Commission; other officers and employees deem fit from various departments, of
the Government on deputation. The Headquarters of the
Delimitation Commission will be at Thiruvananthapuram. Besides, Commission may
conduct sitting the place decided by the Commission. (1)
For the meeting of the Commission, there shall be a quorum of
minimum three members including the Chairman. (2)
Decisions of the Commission shall, as far as possible; be
unanimous. But if in any case there is difference of opinion, decision shall be
taken in accordance with the opinion of the majority. Secretary to the Delimitation
Commission shall be an officer not below the rank of a Joint Director of the
Panchyat/Municipality. Secretary shall Give notice of
meeting of the Commission to the members at least three days in advance.
Provided that in emergency situations either by giving written notice or
otherwise to the members, urgent meeting may be convened as per the direction
of the Chairman. The Commission, If it deems fit, can convene the meeting of
the Commission at District Headquarters. The Commission can issue other
guide lines regarding fixing of boundary of local Self Government Institutions. District Election Authority shall
collect information from the concerned Local Self Government Institutions,
prepare the instructions and send to the Delimitation Commission and the
Commission after verifying the same, shall issue the draft notification fixing
the boundaries. The said notification shall be published inviting objections
and suggestions as instructed under section 10 of the Kerala panchyat Raj Act,
1994 and section 69 of the Municipality Act, 1994. Objection/suggestion submitting
before the Kerala Commission shall be given before the secretary to the
commission either directly or by registered post. If any document is intended
to be produced along with the above, self attested copies of such documents
shall also be given Documents shall not be returned. If the commission convince that
for the disposal of an objection/suggestion received by the Commission, the
service of officers of other departments or experts are necessary, in any case
it shall have the power to summon officers of any department under the State
Government for collecting informations. The officers concerned are bound to
obey the intimations received from the Commission. Commission can summon any person
as witness relating to any appeal based on the subject to which an
objection/suggestion has been received and request any person including the
person who has given the objection or the opposite party to produce before the
Commission the connected documents or records. Upon the objections and
suggestions received by the Commission regarding the fixing of boundary of
constituents, after collecting the informations from the concerned Local Self
Government Institutions, the Commission can take decision on verification of
the objections and suggestions by hearing in person, the person who has given
the objection or suggestion, if it deems fit. No case, prosecution or other
proceedings shall lie against the Commission or the person acting under the
directions of the Commission for the act done or intended to be done in good
faith in connection with the implementation of the provisions of the above said
rules or regarding any order made thereunder or regarding any opinion given by
the Delimitation Commission to the Government, or regarding, the publication of
any such opinion, document or proceedings by the Commission or under the
authority of the Commission. [1] Issued by
Noti. No.9539/N/2005 dt 5-10-2006, pub. in K.G. Ex. No. 1766 dt 4-11-2006 as
S.RO. 337/2005THE
DELIMITATION COMMISSION FOR THE KERALA LOCAL SELF GOVERNMENT INSTITUTIONS
RULES, 2005
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