[1][THE
TRIBUNAL FOR THE KERALA LOCAL SELF GOVERNMENT INSTITUTIONS RULES, 1999] In exercise of the
powers conferred by Section 254 of the Kerala Panchayat Raj Act, 1994 (13 of
1994) read with Sections 271-S and 271-U thereof, and Section 509 of the Kerala
Municipality Act, 1994 (20 of 1994), the Government of Kerala hereby make the
following rules, namely:- (1)
These
Rules may be called the Tribunal for the Kerala Local Self Government
Institutions Rules, 1999. (2)
They
shall come into force at once. In these rules, unless the context otherwise
requires, (a)
"Form"
means a form appended to these rules; (b)
"Municipality
Act" means the Kerala Municipality Act. 1994 (20 of 1994); (c)
"Panchayat
Act" means the Kerala Panchayat Raj Act, 1994 (13 of 1994); (d)
"Petition"
means an appeal or revision submitted before the Tribunal under Section 276 of
the Panchayat Act or under Section 509 of the Municipality Act; (e)
"Petitioner"
means a person who submits a petition before the Tribunal; (f)
"Section"
means a section of the Panchayat Act or of the Municipality Act. (g)
"Tribunal"
means a Tribunal constituted under Section 271-S of the Panchayat Act; (h)
Words
and expressions used but not defined in these rules but defined in the
Panchayat Act or Municipality Act shall have the meaning respectively assigned
to them in the above said Acts. The Government shall, by notification in the
Gazette, constitute, for a revenue district or for two or more revenue
districts, a Tribunal under Section 271-S of the Panchayat Act and in
consultation with the Chief Justice of the High Court of Kerala appoint a
Judicial Officer not below the rank of District Judge in the State Judicial
Service as Tribunal. A Person appointed as Tribunal may hold
office till the completion of three years from the date of taking charge of the
Office or till the date of retirement on superannuation from the judicial
service, whichever is earlier and shall be deemed as if continued in the
judicial service during the said period and shall be eligible for pay,
allowances and other benefits accordingly. The Tribunal shall perform the duties vested
in it under the Panchayat Act, Municipality Act and these rules. (1)
The
Government shall appoint a Secretary and other Officers and Staff as may be
required to assist the Tribunal in performing its duties. (2)
The
Secretary of the Tribunal shall be an Officer not below the rank of an Under
Secretary in the Law Department. (1)
The
Tribunal shall maintain the following registers, namely:- (a)
Petition
register in Form 'A'; (b)
Diary
register in Form 'B'; (c)
Other
registers as are deemed to be necessary by the Tribunal. (2)
In
the petition register, the details of all the petitions received and disposed
by the Tribunal and the summary of the final order issued by it shall be
recorded. (3)
In
the Diary register, the gist of all the petitions received by the Tribunal and
notes in respect of the proceedings taken and orders passed at various stages
from the date of receipt of each petition till the final disposal shall be
recorded. (1)
A
petition submitted to the Tribunal shall be an appeal or revision against a
notice, order or proceedings of the Village Panchayat. or Municipality or its
Standing Committee for Finance or the Secretary in respect of any matter
specified in the schedule appended to these rules or Inserted to the said
schedule by the Government from time to time by notification. (2)
If
the concerned Village Panchayat or the Municipality or the Standing Committee for
Finance or the Secretary has not taken decision within the prescribed time
limit in cases where time limit has been prescribed in the Panchayat Act or the
Municipality Act or in the Rules, the affected party may, in this respect, file
appeal before the Tribunal. (3)
Petitions
under sub-rule (1) and (2) shall be in Form 'C' and the same shall be submitted
before the Tribunal within thirty days from the date of the notice or order or
proceedings against which the petition is filed or within ninety days in cases
where decision has not been taken within sixty days of filing appeal before the
Local Self Government Institutions: Provided that the Tribunal may admit a
petition submitted within one month after the said time limit, if the Tribunal
is satisfied that there is sufficient reason for not submitting the petition
within the time limit. The petitioner shall furnish to the Tribunal
an attested copy each of the petition and of the connected documents also along
with every petition submitted before the Tribunal and in addition, shall also
submit as many attested copies thereof as the number of counter-petitioners. The petitioner shall remit Fifty rupees as
fee in the Office of the Tribunal or enclose along with the petition, a bank
draft for the same amount payable at any bank at the Headquarters of the
Tribunal. The Tribunal may not entertain a petition
that is not in compliance with the provisions of the Panchayat Act, the
Municipality Act and the Rules thereof: Provided that the defective petitions, after
recording the defects therein, shall be returned to the petitioner and if the
petitioner re-submits the petition so received back within fifteen days after
rectifying the defects, the same shall be considered as if it has been duly
furnished. The petitioner may submit petition before the
Tribunal direct or by registered post. All petitions received by the Tribunal shall
be entered in the petition register in Form 'A'. The Tribunal or the Officer authorised by it
shall, after registering the petition, issue an acknowledgement receipt in Form
'D' to the petitioner intimating that the petition has been received and the
same has been registered. The Tribunal may, on the application of the
petitioner, issue order to stay any action in pursuance of the notice or order
in issue in a petition or to discontinue the proceedings thereof already
initiated, if it is satisfied that, in the interest of justice, it is necessary
so to do and all the parties concerned shall comply with the same. Immediately on registering a petition and
giving acknowledgement receipt to the petitioner; the Tribunal shall issue a
notice in Form E to the counter-petitioner giving him a copy of the petition
and informing him that he shall submit his statement in the matter and the
documents thereof before the Tribunal within fifteen days from the date of
receipt of the notice and that if no such statement is filed, the petition will
be disposed ex parte. (1)
The
Tribunal may suo moto summon any person as witness and may direct any person
including the petitioner or the counter-petitioner to produce or cause to be
produced any document or record before the Tribunal. (2)
The
Village Panchayat or Municipality or its Secretary who has been made the
counter-petitioner in a petition shall produce the connected files and other
documents of the Village Panchayat or Municipality as the case may be, along
with the statement submitted before the Tribunal: Provided that in case, the record cannot be
produced for sufficient reasons, an attested copy of the same shall be produced
along with the statement. (3) All records and documents produced before the
Tribunal in connection with disposing any petition shall be collected back from
the Tribunal by the person who have produced such documents, within two months
from the date of disposal of the petition. If the Tribunal, on considering the petition
and connected records, is satisfied that any notice or order issued or action
taken by the Village Panchayat, Municipality or its Secretary as the case may
be, is not issued or taken in accordance with the procedure under, the
Panchayat Act or the Municipality Act or the rules made thereunder it may
direct such Village Panchayat or Municipality or the Secretary to issue notice
or order or to take action afresh complying the procedure under law. (1)
If
the Tribunal, after considering the petition and the statement of the
counter-petitioner and the connected documents, thinks that it is necessary to
give an opportunity to the petitioner or counter-petitioner to be heard it may
fix a date for the purpose and direct the petitioner and the counter-petitioner
or the person authorised by them or, if found necessary, their advocate to
appear before the Tribunal on that date: Provided that the date for hearing of the
petition shall be fixed in such a manner as to dispose of the petition finally
before the completion of sixty days from the date of receipt of the petition. (2)
The
pleadings on the petitions may be heard by the Tribunal at its office or at the
Office of the concerned Local Self Government Institution or at any other place
as decided by the Tribunal. (3)
The
Tribunal may dispose the petition exparte if any of the parties or advocate has
not been present on the date of hearing or on any other date adjourned for
hearing. (1)
The
Tribunal shall, after considering the petition and connected records or, if
there is trial of the parties, after the completion of such trial, issue an
order recording its decision on the petition: Provided that if the Tribunal thinks it
necessary so to do, it may declare in advance a date to issue such order and
shall issue the order on that date. (2)
An
order of the Tribunal shall be in writing and shall bear the signature and seal
of the Tribunal on it. (1)
The
notice or order issued or action taken by the Local Self Government Institution
or its Secretary, as the case may be, shall stand as such or be modified or
annulled in accordance with the final order of the Tribunal on the petition
from the date of issue of such final order. (2)
Copy
of the order of the Tribunal shall be issued to each party to the petition
within one week from the date of the order. The Tribunal may, at any time, either suo
moto or on the application of any of the parties rectify any error or omission
accidentally occurred in the order. English or Malayalam may be used in any
petition submitted before the Tribunal, and its trial, other proceedings and
the orders thereto. (1)
Any
appeal or revision, filed before any authority under the Panchayat Act or
Municipality Act or the rules framed thereunder prior to the constitution of
the Tribunal under these rules and pending disposal, shall, immediately after
the constitution of the Tribunal for the concerned Local Self Government
Institution, be transferred to the said Tribunal by the Authority concerned. (2)
An
appeal or revision transferred under sub-rule (1) shall be disposed by the
Tribunal as if it were a petition duly submitted under these rules. In matters which are not provided in the
Panchayat Act, the Municipality Act and these rules, the Tribunal shall have
power to regulate the procedure in connection with the disposal of a petition
in the manner it thinks proper. FORM 'A' (See Rule 7) Tribunal for the Local Self Government
Institutions............... Petition Register FORM 'B' (See Rule 7) Tribunal for the Local Self Government
Institutions............... Diary Register Annexure Schedule (See Rule 8) Matters that constitute cause for filing
appeal or revision before the Tribunal for Local Self Government Institutions 1.
Assessment,
demand and collection of tax, fee or cess. 2.
Issue
of permit and licence for trade, factories, industries, markets and other
institutions. 3.
Registration
of private hospitals, paramedical institutions and tutorial institutions. 4.
Water
supply in Local Self Government areas. 5.
Providing
lamps in the public streets of the Local Self Government areas. 6.
Construction
and maintenance of sewerage in the Local Self Government areas. 7.
Action
against private latrines which make nuisance to the management of public
comfort stations in the Local Self Government areas. 8.
Removal
and processing of rubbish, solid waste and filth in the Local Self Government
areas. 9.
Regulation
of fairs and festivals; levying of contribution for doing sanitation works from
those who conduct the fairs. 10.
Maintenance
of public streets and prevention of encroachment thereon. 11.
Protection
of public places. 12.
Regulation
of building construction. 13.
Protection
of puramboke land. 14.
Action
against projections, trees and places which are dangerous or which cause
nuisance; action against dangerous ponds, wells and ditches; action against
dangerous quarrying. 15.
Action
against pond, ditch, well, tank, water course, marshy land, sewerage, cess pool
etc. which are the sources of nuisance. 16.
Controlling
the agriculture and the use of pesticides that are injurious to public health. 17.
Protection
of public water reservoirs. 18.
Prohibition
of animal rearing that cause nuisance to others. 19.
Control
over slaughter houses, action against unauthorised slaughtering. 20.
Management
of markets, collection of fees and prohibition of sale of goods in public
streets. 21.
Licences
for vehicle parkings and for unloading places etc. 22.
Licence
for hotels, prohibiting the sale of food materials dangerous to health and
destroying the same. 23.
Licence
for burial grounds. 24.
Taking
steps against the spread of dangerous diseases. Form 'C' (See Rule 8) Before the Tribunal for Local Self Government
Institutions............ 1.
Name
and address of the petitioner 2.
Names
and addresses of the Counter-petitioners 3.
Whether
the petition is revision or appeal, 4.
Name
of the authority that issued notice/order or that took action which has been
the cause of the petition and the number and date of such notice/order 5.
The
date of receipt of the notice/order which has been the cause of the
petition/the date on which the action has come to notice: 6.
Reason
for challenging the notice/order 7.
Whether
to stay the notice/order/action which has been the cause of the petition; if so
what are the reasons thereof 8.
Number
and date of tax receipt produced, if any 9.
Amount
involved in the petition if it is in respect of claim for money 10.
The
remedy sought for 11.
The
details of records submitted to substantiate the petition 12.
Particulars
of the petition fee I............... the aforesaid petitioner,
hereby declare that the facts mentioned above are true and correct to the best
of my knowledge and belief. Place: (Signature) Date: Petitioner. Form 'D' (See Rule 14) Tribunal for Local Self Government Institutions.................... RECEIPT Your petition dated..............has been
received on...........The same has been registered in this Tribunal as petition
number.............of....................Tribunal for Local Self Government
Institutions...................... Place: Signature Date: (Office Seal) To The Petitioner (Name and address of the petitioner) Form 'E' (See Rule 16) Notice Petition
number..............of....................before the Tribunal for Local Self
Government Institutions. Petitioner/Petitioners:.............................. Counter Petitioner/Counter Petitioners:
.............................. Notice to Counter Petitioners Whereas a petition under Section...........of
the Kerala Panchayat Raj Act, 1994 (13 of 1994)/the Kerala Municipality
Act, 1994 (20 of 1994) has been submitted before the Tribunal by the persons
whose name/names are given above; You are requested to submit before this
Tribunal a statement as to what you have to say in the matter and the documents
thereof within fifteen days from the date of receipt of this notice. If you
fail to submit the statement within the aforesaid period the said petition will
be disposed of ex parte. If the counter petitioner is a Village
Panchayat/Municipality, the files and documents in this respect shall be
produced along with the statement thereof. If there is any reasonable objection
in producing the same, it shall be explained and the true copies of the
documents shall be produced. One copy each of the petition and documents
submitted by the petitioner are enclosed herewith. Issued by me as the Tribunal
on.................with my signature and seal. Tribunal for the Local Self Government
Institutions To The Counter Petitioner Explanatory Note (This does not form part of the Notification,
but is intended to indicate its general purport,) The Government shall, for every district or
for more than one district, constitute a Tribunal under Section 271-S and 276
of the Kerala Panchayat Raj Act, 1994 (13 of 1994) and Section 509 of the
Kerala Municipality Act, 1994 to consider and dispose of the appeal/revision
filed against the decisions of the Local Self Government Institutions. Section
271-U of the Kerala Panchayat Raj Act empowers the Government to make rules in
respect of matters of service conditions of the Tribunal, the manner of filing
appeal or revision petition, the procedure to be followed while hearing the
pleadings thereon and the consequences of the order of the Tribunal etc. Under
sub-section (5) of Section 276 of the said Act, it is also provided that in
respect of Panchayats, the subjects to be disposed by the Tribunal will be
prescribed by rules. The Government intends to issue rules,in accordance with
the above said provisions. This Notification is intended to achieve this
object. [1]
Issued under Notification No. 55533/N1/2002/LSGD. dated 14-3-2003 pub. in K.G.
Ex. No. 526 dated 28-3-2003 as SRO 1062/99. [Translation in English of the Tribunal for
the Kerala Local Self Government Institutions Rules, 1999 published under the
authority of the Governor.]THE TRIBUNAL FOR THE KERALA LOCAL
SELF GOVERNMENT INSTITUTIONS RULES, 1999
PREAMBLE