Kerala Panchayat Raj Act

THE KERALA PANCHAYAT Raj Act 1994 CONTENTS Chapter 1 Chapter 2 Chapter 3 Chapter 4 Chapter 5 Chapter 6 Chapter 7 Chapter 8 Preliminary Grama Sabha Constitution of Panchayats at Different Levels Delimitation of Constituencies Officers and Staff of State Election Commission Preparation of Electoral Rolls Qualifications and Disqualifications Notification of General Elections and Administrative Machinery for the Conduct of Elections Chapter 9 Chapter 10 Chapter 11 Chapter 12 Chapter 13 Chapter 14 Chapter 15 Chapter 16 Chapter 17 Chapter 18 Chapter 19 Chapter 20 Chapter 21 Chapter 21A Chapter 22 Chapter 23 Chapter 24 Chapter 25 Chapter 25A Chapter 25B Chapter 25C Chapter 26 Conduct of Elections Disputes Regarding Election Corrupt Practices and Electoral Offences Staff Election Commission General Provisions Regarding Elections Provision Relating to Members and President of Panchayats Meetings, Powers, Functions, Duties and Property of Panchayats Officers and Employees of Panchayats Finance Commission and Its Powers Functions of the Government Finance and Taxation Public Safety, Convenience and Health Buildings General and miscellaneous Rules, Bye-Laws and Penalties for Their Breach Penalties Registration of Tutorial Institutions Registration of Private Hospitals and Paramedical Institutions Right to Information Ombudsman for Local Self Government Institutions Tribunal for Local Self Government Institutions Supplemental Provisions. Schedule 1, 2, 3, 4, 5, 6, 7, 8. CHAPTER 1 PRELIMINARY Sections 1. 2. Short tile, extend and commencement Definitions CHAPTER II GRAMA SABHA Sections 3. Grama Sabha 3A. Powers, functions and rights of Grama Sabha 3B. Responsibilities of Grama Sabha CHAPTER III CONSTIUTION OF PANCHAYATS AT DIFFERENT LEVELS Sections 4. Power of the Government to constitute and specify the name and headquarters of panchayat. 5. Incorporation and administration of Panchayats 6. Strength of Panchayats 7. Composition of Village Panchayat 8. Composition of Block Panchayat 9. Composition of District Panchayat CHAPTER IV DELIMITATION OF CONSTITUENTS Sections 10. Division of Panchayats into constituents 10A Review of final orders by State Election Commission 11. Power to rectify printing mistakes etc. Sections 12 13 14 15 Staff of State Election Commission District Election Officers Electoral Registration Officer Assistant Electoral Registration Officer ctit 16 17 18 19 20 21 22 23 24 25 26 27 28 CHAPTER VI PREPARATION OF ELECTORAL ROLL Electoral roll for every constituency Disqualifications for registration in an electoral roll No person to be registered more than one constituency No person to be registered more than once in any constituency Conditions for registration Meaning of ‘ordinarily resident’. Preparation and revision of electoral rolls Correction of entries in electoral rolls Inclusion of names in electoral rolls Appeals Fee for applications and appeals Making false declarations Breach of official duty in connection with the preparation etc. of electoral rolls. ctit 29 30 31 32 33 34 35 55 A 36 37 CHAPTER VII QUALIFICATIONS AND DISQUALIFICATIONS Qualifications for membership of a Panchayat Disqualification of officers and employees of Government, Local authorities etc. Disqualification of persons convicted for certain offences Disqualification on ground of corrupt practices Dis q ualification for failure to lodge account of election expenses Disqualification of candidates Dis q ualification of members Cessation of membership Determination of subsequent disqualification of a member Restoration of membership CHAPTER VIII NOTIFICATION OF GENERAL ELECTION AND ADMINISTRATIVE MACHINERY FOR THE CONDUCT OF ELECTIONS Sections 38 Notification for general election to Panchayats 39 Delegation of functions of State Election Commission 40 General duties of District Election Officers 40A Election observers 41 Returning Officers 42 Assistant Returning Officers 43 Returning Officer to include. Assistant Returning Officers performing the functions of the Returning Officer 44 General duty of the Returning Officers 45 Provision of polling stations 46 Appointment of Presiding Officers for polling stations 47 General duty of the Presiding Officer 48 Duties of a polling officer 48A Returning Officer, Presiding Officer etc. deemed to be on deputation to the Election Commission :ti( 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 $3 A 84 85 86 CHAPTER IX CONDUCT OF ELECTIONS Appointment of dates for nominations etc. Public notice of election Nomination of candidates for election Presentation of nomination paper and requirements for a valid nomination Deposits Notice of nominations and the time and place for their scrutiny Scrutin y of nominations Withdrawal of candidature Publication of list of contesting candidates Election agents Disqualification for being an election agent Revocation of the appointment or death of an election agent Functions of election agents Appointment of polling agents Appointment of counting agents Revocation of the appointment or death of a polling agent or counting agent Functions of polling agents and counting agents Attendance of contesting candidate or his election agent at polling stations and performance by him of the functions of a polling agent or counting agent Non-attendance of polling or counting agents Death of candidate before poll Procedure in contested and uncontested elections Fixing time for poll Adjournment of poll in emergencies Fresh poll in the case of destruction, etc. of ballot boxes Countermanding of election or adjournment of poll on the ground of booth capturing Manner of voting at elections Special procedure for preventing personation of electors Right to vote Counting of votes Destruction, loss etc. of ballot papers at the time of counting Equality of votes Declaration of results Report of the result Date of election of candidate Publication of results of general election to the panchayat Cessation of membership Bye-elections to fill casual vacancies Account of election expenses and maximum there of Lodging of account with the officer authorized by the State Election Commission ctio 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 CHAPTER X DISPUTES REGARDING ELECTIONS Election petitions The Court competent to try election petitions Presentation of petitions Parties to the p etition Contents of petition Relief that may be claimed by the petitioner Trial of election petitions Procedure before the Court Documentary evidence Secrecy of voting not to be infringed Answering of criminating questions and certificate of indemnity Expense of witnesses Recrimination when seat claims Decision of the Courts Other order to be made by the Courts Grounds for declaring election to be void Grounds for which a candidate other than the returned candidate may be declared to have been elected Procedure in case of an equality of vote Communication of orders of the Court Transmission of order to the appropriate authority etc. and its publication Effect of orders of the Court Withdrawal of election p etitions Procedure for withdrawal of election petition Report of withdrawal by the Court to the State Election Commission Abatement of election petitions Abatement or substitution on death of respondent Appeals Procedure in appeal Security for costs Security for costs from a respondent Costs Payment of costs out of security deposits and return of such deposits Execution of orders as to costs ctio 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 CHAPTER XI CORRUPT PRACTICES AND ELECTORAL OFFENCES Corrupt practices Promoting enmity between the classes in connection with election Prohibition of public meetings on the day preceding the election day and on the election day Disturbances at election meeting Restrictions on the printing of pamphlets, posters etc. Maintenance of secrecy of voting Officers etc. at elections not to act for candidates or to influence voting Prohibition of canvassing in or near polling stations Penalty for disorderly conduct in or near polling stations Penalty for misconduct at the polling station Penalty for failure to observe procedure for voting Penalty for illegal hiring or procuring of conveyances at elections List of officers and staff of the Government Departments, local self government/institutions or other authorities and educational institutions to be furnished Breaches of official duty in connection with elections Requisitioning of premises etc. for election purposes Penalty for Government servants of a local self government institution for acting as election agent, polling agent or counting agent Removal of ballot papers from polling station to be an offence Offence of booth capturing Other offences and penalties there for Sections 139 140 141 142 Powers of the State Election Commission Statements made by persons to the State Election Commission Procedure to be followed by the State Election Commission Protection of action taken in good faith ctio 143 144 145 146 147 148 149 150 151 CHAPTER XIII GENERAL PROVISIONS REGARDING ELECTIONS Extension of time for completion of election Return or forfeiture of candidate’s deposit Staff of every local self government institution to be made available Special provision for adoption of Electoral roll of the Assembly constituency Jurisdiction of civil courts barred Expenses in connection with elections Term of office of members Special elections Appointment of a Special Officer or an Administrative Committee on failure to constitute a Panchayat CHAPTER XIV PROVISION RELATING TO MEMBERS AND PRESIDENT OF PANCHAYATS Sections 152. Oath or affirmation by members. 153. Election of President or Vice-President. 154. Duty of retiring President etc., to hand over charge of office. 155. Resignation of President, Vice-President or Members 156. Functions of President and Vice-President. 157. Motion of no-confidence. 158. Right of individual members. 159. Members of the Panchayat to submit statements regarding Assets 160. Honorarium to members of Panchayats and other perquisites of the President of District Panchayats. CHAPTER XV MEETINGS, POWERS, FUNCTIONS, DUTIES AND PROPERTY OF PANCHAYATS Sections 161. 162. 162A. 162B 163. 164. 165. 166. 167. 168. 169. 170. 171. 172. 163. 173A. 174. 175. 164. 176A. 176B. 177. 178. Meetin g s of Panchayats Standing Committees. Subjects to be dealt with by the Standing Committee, Steering Committee. Constitution of Functional Committees. Sub Committees and Ward Committees. Constitution of Joint Committee. Powers, duties and functions of Village Panchayats Transfer to Village Panchayats of functions, institutions or works. Maintenance of common dis p ensaries, child welfare centres, etc. Vesting of public Roads in Village Panchayats. Panchayats to maintain roads properly. Vesting of community property or income in Village Panchayats. Powers, duties and functions of Block Panchayats. Powers, duties and functions of District Panchayats. Managing Committee for Public Health Institutions. Delegation of powers and functions of Government to Panchayats. Preparation of Development Plans by Panchayats. Entrustment of schemes to Panchayats for implementation. Control of the Panchayat over electrical undertakings. Provision for lighting public streets. Power to accept donations and trusts. Acquisition of immovable property required by the Panchayat. CHAPTER XVI OFFICERS AND EMPLOYEES OF PANCHAYATS Sections 179. 180. 181. 182. 183. 184. 183. 185A 185 B Appointment of Secretaries. Officers and employees of Panchayat. Power of the Government to lend the services of their officers and employees to Panchayats. Powers and functions of the Secretar y . Exercise of functions of Secretary by other officers in certain cases. Dele g ation of functions of Secretary. Channel of correspondence. Relationship between elected authorities and officers. Exercise of Statutory functions by the officers. CHAPTER XVII FINANCE COMMISSION AND ITS POWERS Section 186. Finance Commission CHAPTER XVIII FUCTIONS OF THE GOVERNMENT Sections 187 188. 188A. 189. 190. 191. 192. 193. 194. Administrative set up of Panchayat. Power to inspect records etc., of Panchayats. Technical supervision and inspection. General Powers of Government to issue guidelines and conduct enquiry Power to take action on default by a Panchayat President on Secretary. Power of cancellation and suspension of resolutions etc. Administration report of the Panchayat. Dissolution of Panchayats. Powers of officers taking action on behalf of or in default of Panchayat and Liability of Panchayat fund. CHAPTER XIX FINANCE AND TAXATION Sections 195. 195. 196A. 197. 198. 199. 200. 201. 202. 203. 204. 203. 2 0 5 A . 2 0 5 B 2 0 5 C . 2 0 5 D . 2 0 5 E . Grants and shares of taxes. Grants and loans for schemes and Projects Annual report on grants. Power of Panchayat to raise loans. Power of Panchayat to collect fixed fees. Surcharge on tax on direction by the Government. Taxes, cess etc. which may be levied by Village Panchayat. [x x x x]Omitted Basic tax grant. Propert y tax Profession tax. Collection of profession tax by employers. Statements, returns etc., to be confidential. Requisition on owner or occupier to furnish list of persons liable to tax. Requisition on employers or their representatives to furnish list. Recovery of profession tax by employers. Requisition to furnish name of institutions etc. Assessment of profession tax by head of office, etc. Issue of receipt for remittance. Payment of tax by self-drawing officers. Maintenance of demand re g ister. Certificate of drawing and disbursing officers and self-drawing officers. Penalty for no-payment of tax. Duty on transfer of property. Exemption from tax, cess etc. Surcharge on property tax. Tax on advertisement Prohibition of advertisement without written permission of the Secretary Owner or person in possession be deemed responsible. Removal of unauthorised advertisement. Collection of tax on advertisement. Recovery of tax payable. Recovery of arrears of tax, cess, etc. Power to require Village Officer to collect taxes and fees due to Panchayats. Panchayat funds. Items of expenditure debitable to Panchayat fund. Preparation and sanction of Budget. Accounts and audit. Contribution to the expenditure by other local self Government Institutions Recovery of loans and advances made by Government. CHAPTER XX PUBLIC SAFETY, CONVENIENCE AND HEALTH Sections 218. 219. 219A 219B 219C. 219D. 219E. 219F. 219G. 219H. 219I. 219J. 219K. 219L. 219M. 219N. 219O. 219P. 219Q. 219R. 219S. 220. 221. 222. 223. 224. 225. 226. Vestin g of watercourse, springs, reservoirs, etc. in Village Panchayats. Contributions from persons having control over places of pilgrimage, etc. Villa g e Panchayat to arrange for the removal of rubbish, solid waste and filth. Duty of owners and occupiers for collection and deposit of rubbish and solid waste. Contract with owner or occupier for removal of rubbish or filth. Introduction of house-to-house collection of rubbish. Rubbish and other solid waste shall be the property of the Village Panchayat. Provision for final disposal of solid waste. Provision for processing of solid waste. Removal of rubbish and solid waste accumulated on non-residential premises. Prohibition of improper disposal of carcases, rubbish and filth. Prohibition of keeping filth on premises Prohibition against allowing outflow of filth. Prohibition of disposal of skin. Prohibition of using any cart without cover for the removal of filth etc. Prohibition of deposit of rubbish or filth in public places. Prohibition against nuisance in public streets etc. Presumption as to offender. The employees of the Village Panchayat engaged in rubbish and solid waste management service prohibited from depositing waste at a place other than specified etc. Power to inspect premises for sanitary purposes. Punishment for depositing or throwing any rubbish or solid waste in contraction of the provisions of this Act. Prohibition of construction in or over public roads, etc. Public Markets. Licensing of private markets. Levy of the licensees of private markets. Prohibition of sale in unlicensed private markets, etc. Prohibition against sale in public roads. Prevention of persons suffering from contagious diseases from entering markets. Public Halting Places Sections 227. Public landing places and cart-stands etc. 228. Private cart stands. Slaughter Houses 229. Public slaughterhouses. 230. Licence for slaughter houses. 230A. Slaughter houses to be maintained properly. 231 Slaughter of animals for sale as food and power of inspection. Dangerous and offensive Trades and Factories. 232. Purpose for which places may not be used without a licence. 233. Permission for the construction of factories and the installation of machinery. 233A Abatement of nuisance caused by factory, workshop, etc. 233B. Exemptions 233C. Consultations with the Panchayat for opening Government industrial estate, industrial development area, etc. 234. Power of Government to make rules in respect of the grant and renewal of licences and permissions. 234A. Vesting of the existing water supply and sewerage services under the water authority with the Panchayat. 234B. Administrative powers of the Panchayat in respect of the existing water supply and sewerage schemes. 234C. The power of the Panchayat in the preparation and execution of schemes related to water supply and sewerage works. CHAPTER XXI BUILDINGS Sections 235. 235A. 235B. 235C. 235D. 235E. 235F. 235G. 235H. 235I. 235J. 235K. 235L. 235M. 235N. 235O 235P. 235Q. 235R. 235S. 235T. 235U. 235V. 235W. 235X. 235Y. 235Z. 235AA. 235AB. Numbering of Buildings. Building Rules Building site and construction or reconstruction of buildings. Power of Village Panchayat to regulate further construction of certain classes of buildings in particular streets or localities. Building at corner of street. Prohibition of construction of doors, ground floor windows and bars so as to open outwards. Application to construct or reconstruct buildings. Requirement of prior approval of site. Prohibition of commencement of work without p ermission Period within which approval or disapproval shall be intimated. Period within which Secretary is to grant or refuse to grant permission to execute work. Reference to Village Panchayat where Secretary makes delay in granting or refusing approval or permission. Grounds on which approval of building site or permission to construct or reconstruct a building may be refused. Lapse of permission Power of Secretary to required alteration in work. Stoppage of construction or reconstruction endangering human life. Application to construct or reconstruct huts. Prohibition of commencement of work without permission. Period within which Secretary is to grant or refuse to grant permission to execute the work. Reference to Village Panchayat where Secretary causes delay in passing orders. Grounds on which permission to construct or reconstruct hut may be refused. Lapse of permission. Application of the provisions to alterations and additions. Demolition or alternation of building works unlawfully, commenced, carrying on or completed. Order of stoppage of buildings or works in certain cases. Certain buildin g s or sheds exempted. Penalty for unlawfull construction of building. Property tax to the buildings constructed unlawfully. Power to regularise the unlawful building construction. CHAPTER XXI A GENERAL AND MISCELLANEOUS Licences and permissions Sections 236. General provisions regarding licenses and permissions. 237. Government not to obtain licenses and permission. Notices, Orders, Permission etc. 238. Precautions in case of dangerous trees and pruning of hedges and trees. 239. Power of Panchayat for carrying out their functions. Notices etc. 240. Form of notices and permission time for complying with notices, orders etc. and powers to enforce them. Powers of entry and Inspection 241. Powers of entry and Inspection. 242. Power to call for information from Village Officers. Limitation 243. Limitation for recovery of dues 244. Writing off irrecoverable amounts. Prosecutions, Suits, etc. 245. Persons empowered to prosecute. 246. Composition of offences. 247. Prosecutions and composition to be reported to Panchayats. 248. Sanction for prosecution of President, Vice President, Chairman of a Standing Committee, members and Secretary of Panchayat. 249. Institution of suits against authorities of Panchayats, their officers, etc. 250. Protection of acts done in good faith. 251. Assessment etc. not to be impeached. 252. Duties of Police Officers. 253. [x x x x] Omitted Sections 254. 255. 256. Powers of Government to make rules. Penalties for breach of rules. Bye-laws and penalties for the breach thereof. CHAPTER XXIII PENALTIES Sections 257. 258. 259. 260. 261. 262. 263. 264. General provisions regarding penalties specified in schedule. Penalty for acting as President, Vice- President or member of a Panchayat when disqualified. Penalty for acquisition by an officer or employee or member of interest in contract work. Wrongful restraint of Secretary or his delegate. Prohibition of obstruction of Panchayat etc. Prohibition of removal of obliteration of notice. Penalt y for not giving information or giving false information. Fines to be credited to Panchayat. CHAPTER XXIV REGISTRATION OF TUTORIAL INSTIUTIONS Sections 265. 266. 267. 268. Definitions. Registration of Tutorial Institutions. Penalty for maintaining or running unregistered tutorial institution. [x x x x] Omitted CHAPTER XXV REGISTRATION OF PRIVATE HOSPITALS AND PARAMEDICAL INSTITUIONS Sections 269. 269. 270A. 271. Definitions. Registration of Private hospitals and Private Para-medical institutions. Penalty for maintaining and running Private hospitals and private para-medical institutions without registration. Collection of fees by the Village Panchayat. Sections 271A. 271B. 271C. 271D. 271E. CHAPTER XXV A RIGHT TO INFORMATION Definitions Right to information. Procedure for furnishing the information. Penalty for withholding information. Protection of action taken in good faith. CHAPTER XXV B OMBUDSMAN FOR LOCAL SELF GOVERNMENT INSTIUTIONS Sections 271F. 271G. 271H 271I. 271J. 271K. 271L. 271M. 271N. 271O. 271P. 271Q. 271R. Definitions. Term of office and conditions of Service of the Ombudsman Removal of Om buds man Staff of the Ombudsman. Functions of the Ombudsman. Powers of the Ombudsman. Services of Government Departments. Investi g ation. Enquiry. Existing cases to be transferred to the Ombudsman. Initiation of prosecution. Disposal of complaints. Procedures to be prescribed. CHAPTER XXV C TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS Sections 271S. 271T. 271U. Constitution of Tribunal for Local self Government Institutions. Rendering of opinion on matters referred to by the Government. Matters to be prescribed CHAPTER XXVI SUPPLEMENTAL PROVISIONS Sections 272. 272A. 273. 274. 275. 276. 277. 278. 279. 280. 281. 282. 283. 284. 285. Public roads, markets, wells, tanks etc. to be open to all. Citizens Charter to be published. Power to farm out fees. Extension of p rovisions of the Municipal laws or of the rules there under. Delegation of powers etc. Appeal and Revision. Construction of reference to Panchayat and District Council. Reference to President in other enactments and in notifications etc., issued there under. Village Panchayat to regulate the use of certain porambokes. Power to remove difficulties. Offences by companies. Adjudication of disputes between Panchayats. Power of Government to alter Schedules. Repeal and savings. Transitional provisions. SCHEDULE I - VIII First Schedule Second Schedule Third Schedule Fourth Schedule Fifth Sechedule Sixth Sechedule Seventh Sechedule Eighth Sechedule Form of oath or affirmation Form of oath or affirmation Functions of Village Panchayat Functions of Block Panchayat Functions of District Panchayat Penalties Penalties for continuing breaches Omitted THE KERALA PANCHAYAT RAJ ACT, 1994 (Act 13 of 1994 as amended by Acts 7 of 1995, 7 of 1996, 8 of 1998, 11 of 1999, 13 of 1999,13 of 2000 ,12 of 2001, 9 of 2003, 3 of 2005 & Act 5 of 2005) An Act to replace the present enactment relating to panchayats and District Councils by a comprehensive enactment. Preamble - Whereas it is expedient to replace the present enactments relating to Panchayats and district councils by a comprehensive enactment to establish a three-tier Panchayat Raj system in the State in line with the Constitution (Seventy-third Amendment) Act, 1992, for securing a great measure of participation of the people in planned development and in local Governmental affairs, by constituting Village, block and district Panchayats; And endow such Panchayats with such powers and authority to enable them to function as institutions of self-Government. And entrusting such panchayats the preparation of plans and implementation of schemes for economic development and social justice including the implementation of schemes in relation to the matters listed in the Eleventh Schedule to the Constitution: Be it enacted in the Forty-fifth Year of the Republic of India as follow: - CHAPTER I PRELIMINARY 1. Short ti tle, extent and commencement.- (-1) This Act may be called the Kerala Panchayat Raj Act, 1994. (1) It extends to the whole of the State of Kerala except the areas which are within the limits of the Cantonments, Nagar Panchayats, Municipal Councils, Municipal Corporations and the Industrial areas of the State. (2) It shall come into force at once. 2. Definitions. - In this Act, unless the context, otherwise requires - (i) ‘article’ means an article of the Constitutions of India. (ii) ‘Block Panchayat’ means a block panchayat constituted at intermediate level under clause (b) of sub-section, section 4; (iii) ‘building’ includes a house, out-house, stable latrine, shed, hut and any other structure, whether of masonry, bricks, wood, mud, metal or any other material whatsoever: (iv) ‘bye-election’ means an election other than general election. (v) ‘candidate’ means a person who has been or claims to have been duly nominated as a candidate at any election: (vi) ‘casual vacancy’ means a vacancy occurring otherwise than by efflux of time: 1[“ (vi) a. ‘Committee’ means - a standing committee constituted under this Act or any other committee constituted by the panchayat for any specific purpose. (vii) ‘constituency’ means the territorial area (by whatever name called) for the purpose of election of a member to a Panchayat at any level: (viii) ‘corrupt practice’ means any of the practices specified in section 120: (ix) ‘cost’ in relation to an election petition means all costs, changes and expenses of, or incidental to, the trial of, an election petition; (x) ‘district’ means a revenue district; (xi) ‘district election officer’ means an officer designated or nominated by the State Election Commission under sub-section (1) of section 13; (xii) ‘district Panchayat’ means a district panchayat constituted at the district level under clause (e) of sub-section (1) of section 4; (xiii) ‘district panchayat area’ means the rural areas within a district to be notified by the Government for the purpose of clause (c) of sub-section (1) of section 4. (xiv) ‘election’ means an election to fill a seat in any of the constituencies in a Panchayat at any level; (xv) ‘elector’ in relation to a constituency (by whatever name called) means a person whose name is entered in the electoral roll of that constituency, for the time being in force, and who is not subject to any of the disqualifications mentioned in section 17; (xvi) ‘electoral right’ means the right of a person to stand or not to stand as or to withdraw or not to withdraw from being, a candidate or to vote at an election; (xvii) ‘general election’ means the election held under this Act for the constitution or reconstitution of at panchayat after the expiry of its term or otherwise; (xviii) ‘Government’ means the government of Kerala; (xix) ‘house’ means a building or hut used or fit to be used as a residence or otherwise having separate principal entrance from the common way and includes any shop, workshop or warehouse or any building, used for parking vehicles or as a bus stand. (xx) ‘hut’ means any building which is constructed principally of wood, mud, leaves, grass or thatch and includes any temporary structure of whatever size or any small building of whatever materials made, which a village panchayat may declare to be a hut for the purpose of this Act; (xxi) ‘intermediate level’ means a level between the village and district levels specified by the Governor under clause (c) of article 246; [ (xxii) ‘Local Authority’ or Local self-Government institution means, a Panchayat at any level constituted under section 4 of this Act or a Municipality constituted under section 4 of the Kerala Municipality Act, 1994 (20 of 1994]. 1 Inserted by Act 13 of 1999. (xxiii) ‘market’ means any place set apart for ordinarily or periodically used for the assembling of persons for the sale or purchase of grain, fruits, vegetables, meat, fish or other perishable articles of food or for the sale, or purchase of live-stock or poultry, or of any agricultural or industrial produce for any raw or manufactured products or any other articles or commodity necessary for the convenience of life provided that a single shop or a group of shops not being more than six in number shall not be deemed a market; (xxiv) ‘member’ means the member of a Panchayat at any level; (xxv) ‘Panchayat’ means a village panchayat, a block panchayat or a district panchayat. (xxvi) ‘Panchayat area’ means the area within the territorial jurisdiction of a panchayat; (xxvii) ‘Political party’ means a political party registered under section 29A of the Representation of the People Act, 1951 (Central Act 43 of 1951); (xxviii) ‘polling stations’ - means any place appointed for holding election to a Panchayat; (xxix) ‘population’ means the population assessed at the last census the relevant details of which have been officially published; (xxx) ‘prescribed’ means prescribed by the rules made under this Act; (xxxi) ‘President’ or ‘Vice-President’ means the President or the Vice-President of a Village panchayat or block panchayat or district panchayat as the case may be; (xxxii) ‘private market’ means any market other than a Public Market; (xxxiii) ‘public market’ means any market owned, constructed, repaired or maintained by a village panchayat; (xxxiv) Public holiday’ means any day which is declared as a holiday by the Government; (xxxv) ‘public road’ means any street, road, square, court, alley, passage, cart-tract, foot-path or riding path, over which the public have right of way, whether a thoroughfare or not, and includes, - (a) The road-way over any public bridge or causeway; (b) The footway attached to any such road, public bridge or causeway; and (c) The drains attached to any such road, public bridge or causeway, and the land whether covered or not by any pavement, verandah or other structure which lies on either side of the road-way upto the boundaries of the adjacent property whether the property to private property or property belonging to the State or Central government; (xxii) ‘qualifying date in relation to the preparation or revision of every electoral roll means the 1st day of January of the year in which it is so prepared or revised; (xxiii) residence’ or to ‘reside’, a person is deemed to have his ‘residence’ or to ‘reside’ to any house if he some times uses any portion thereof as a sleeping apartment as of right and a person is not deemed to cease to reside in any such house or portion thereof merely because he is absent from it or has elsewhere another dwelling in which he resides if he is at liberty to return to such house at any time and has not abandoned his intention of returning; (xxiv) ‘returned candidate’ means a candidate whose name has been published under section 83; (xxv) ‘Schedule Castes and Scheduled Tribes’ shall have the same meaning as in the Constitution of India; (xxvi) ‘Secretary’ means the Secretary of Village Panchayat or a block Panchayat or a District Panchayat as the case may be; (xxvii) ‘State’ means the State of Kerala; (xxviii) ‘State Election Commission’ means the State Election Commissioner appointed by the Governor under article 243 K; (xxix) ‘Taluk means a revenue Taluk; (xxx) ‘Village’ means a Village specified by the Governor under clause (g) of article 243; (xxxi) ‘village Officer’ means the ‘officer in charge of a revenue village; (xxxii) ‘village panchayat’ means a village panchayat constituted for a village or for a group of village under clause (a) of sub-section (1) of section 4; (xxxiii) ‘water course’ includes any river, stream or channel whether natural or artificial; (xxxiv) ‘year’ means the financial year; (xxxv) words and expression used but not defined in this Act, but defined in the Constitution of India shall have the meanings respectively assigned to them in the Constitution of India. CHAPTER II GRAMA SABHA 3. Grama Sabha.- (1) For the purpose of this chapter, each constituency of village panchayat may be specified as a village under clause (g) of article 243. (2) All persons whose names are included in the electoral rolls relating to a village comprised within the area of a village panchayat shall be deemed to be constituted as Grama Sabha of such village. (3) [ Grama Sabha shall meet at least once in three months at the place fixed by the Village Panchayat and to such meetings, the convenor of the Village Panchayat shall, compulsorily invite the member of the Block Panchayat, the District Panchayat and the Legislative Assembly representing the area of the Grama Sabha. Provided that the Convenor shall, on a request in writing made by not less than ten per cent of the members of any Grama Sabha, convene a special meeting of the Grama Sabha within fifteen days with the agenda given along with the request. Provided further that such special meeting shall be convened only once within the period between two general meetings] (4) The member of a village panchayat representing the constituency comprised in the area of a village shall be the convenor of that Grama Sabha; however due to any reason, physical or otherwise, the convenor is unable to perform his functions as such, the President may appoint a member representing any adjacent constituency as the convenor. (5) Every meeting of the Grama Sabha shall be presided over by the President of the village panchayat or in his absence the vice-president or in the absence of both of them by the convenor of Grama Sabhas. (6) The village panchayat shall place before the Grama Sabha a report relating to the developmental programmes relating to the constituency during the previous year and these that are proposed to by undertaken during the current year, and the expenditure therefore, the annual statement of accounts and the administration report of the preceding year. If in any circumstances, any decision of the grama sabha could not be implemented, the president shall report the reason therefore, before the Grama Sabha. (7) The village panchayats, the block panchayats and the district panchayats shall give due consideration to the recommendations and suggestions, if any, of the Grama Sabha. [ x x x x x x]3 4 3 Inserted by Act 13 of 1999.4 Omitted by Act 13 of 1999. 5[3 A Powers, function and rights of the Grama Sabha. - (1) Grama Sabha shall, in such manner and subject to such procedure, as may be prescribed, perform the following powers and functions, namely: - (a) to render assistance in the collection and compilation of details required to formulate development plans of the panchayat; (b) to formulate the proposals and fixing of priority of schemes and development programmes to be implemented in the area of Village Panchayat; (c) to prepare and submit to the Village Panchayat a final list of eligible beneficiaries in the order of priority relating to the beneficiary oriented schemes on the basic of the criteria fixed; (d) to render assistance to implement effectively the development schemes by providing facilities locally required; (e) to provide and mobilise voluntary service and contribution in cash or in kind necessary for the development plans; (f) suggesting the location of street lights, street or community water taps, public wells, public sanitation units, irrigation facilities and such other public utility schemes; (g) to formulate schemes to impart awareness on matters of public interest like cleanliness, environmental protection, pollution control and to give protection against social evils like corruption, illicit and clandestine transactions; (h) to promote harmony and unity among various groups of people within the area of the Grama Sabha and to organise arts and sports festivals to develop goodwill among the people of that locality; (i) to monitor and render assistance to the beneficiary communities engaged in the developmental activities within the area of the Village Panchayat. (j) to verify the eligibility of persons getting various kinds of welfare assistance from the Government such as pensions and subsidies; (k) to collect information regarding the detailed estimates of works proposed to be implemented in the area of the Grama Sabha; (l) to make available details regarding the services to the rendered and the activities proposed to be done by the concerned officials in the succeeding three months; (m) to know the rationale behind every decision taken by the panchayat regarding the area of the Grama Sabha; (n) to know the follow up action taken on the decisions of the Grama Sabha and the detailed reasons for not implementing any of the decisions; (o) to co-operate with the employees of the village panchayats in the sanitation processes and rendering voluntary service for the removal of garbage; (p) to find out the deficiencies in the arrangements for water supply, street lighting etc. within the area of the Grama Sabha and to suggest remedial measures; (q) to assist the activities of parent-teacher associations of the schools within the area of the Grama Sabha; (r) to assist the public health activities especially prevention of diseases and family welfare, within the area of the Grama Sabha. 5Inserted by Act 13 of 1999. (s) to perform such other functions as may be prescribed from time to time. (2) The Grama Sabha shall, in its ordinary meeting or in the special meeting convened for the purpose; discuss the report referred to in sub-section (6) of section 3 and it shall have the right to known about the budgetary provisions, the details of plan outlay, item wise allocation of funds and details of the estimates and cost of materials of works executed or proposed to be executed within the area of the Grama Sabha. (3) The Audit report of the performance audit report placed for the consideration of the Grama Sabha shall be discussed in the meeting and its views, recommendations and suggestions shall be communicated to the concerned village panchayat. (4) The quorum of the Grama Sabha shall be ten per cent of the number of voters of its area and the procedure for convening and conducting meetings of the Grama Sabha shall be such as may be prescribed. Provided that the quorum of the meting of a Grama Sabha which was adjourned earlier for want of quorum shall be fifty when convened again. (5) The Officers of the Village Panchayats shall attend the meetings of the Grama Sabha as may be required by the President and an officer nominated by the Village Panchayat as the co-ordinator of the Grama Sabha shall assist the convenor in convening and conducting the meetings of the Grama Sabha and in recording its decisions in the Minutes Book and also in taking up follow up action thereon. (6) The Grama Sabha may appoint, elect or constitute, general or special sub-committees for the detailed discussions on any issues or programmes and for the effective implementation of the schemes and the decisions and in furtherance of its rights and responsibilities. Provided that such committees shall consist of not less than ten members of whom, not less than half shall be women. (7) Resolutions may be passed on majority basis, in the meetings of the Grama Sabha in respect of any issue with in its jurisdiction, however, effort should be made to take decision on the basis of general consensus as far as possible. (8) When beneficiaries are to be selected according to any scheme, project or plan, the criticism for eligibility and order of priority shall be fixed by the panchayat subject o the terms and conditions prescribed in the scheme, project or plan and such criterion shall be published in the manner prescribed and intimated to the Grama Sabha. (9) The priority list prepared by Grama Panchayat after inviting applications for the selection of beneficiaries and conducting enquiries on the application received, shall be scrutinised at the meeting of the Grama Sabha in which the applicants are also invited and a final list of the deserving beneficiaries, in the order of priority, shall be prepared and sent for the approval of the Grama Panchayats. Provided that the Village Panchayat shall not change the order of priority in the list sent by the Grama Sabha for approval: 3. B. Responsibili ties of Grama Sabha. - (1) The Grama Sabha shall have the following responsibilities namely: - (i) dissemination of information regarding developmental and welfare activities; (ii) participating in and canvassing of programmes of Health and Literacy and such other time bound developmental programmes; (iii) collecting essential socio-economic data; (iv) providing feed back on the performance of development programmes; (v) resort to moral sanction to pay taxes, repayment of loans promote environmental cleanliness and to maintain social harmony; (vi) mobilise local resources to augment resources of the panchayat; (vii) supervising development activities as volunteer teams and (viii) make arrangements for reporting urgently incidence of epidemics, natural calamities, etc. (2) The Grama Sabha shall make periodical reports to the village panchayats in respect of matters specified in a section 3 A.] CHAPTER III CONSTITUTION OF PANCHAYATS AT DIFFERENT LEVELS 4. Power of the Government in constitute and specify the name and headquarter of Panchayat. - (1) The Government shall, by notification in the Gazette, constitute with effect from such date as may be specified in the notification: - (a) a village panchayat for each village or for group of villages. (b) a block panchayat at intermediate level; and (c) a district panchayat for each district panchayat area and specify the names and headquarters of such panchayats. (2) The Government may, at the request of the panchayat concerned, or after consultation with the panchayat and after previous publication of the proposal by notification, - (a) increase the area of any village panchayat by including within such panchayat area any village or group of villages; (b) diminish the area of any village panchayat by excluding from such panchayat area any village or group of villages; (c) alter the headquarters of a panchayat at any level; or (d) alter the name of a panchayat at any level; Provided that any alteration extending or reducing the area of a village panchayat under clause (a) or clause (b) shall not be brought into force before the expiry of the term of the existing committee of that panchayat. (3) The Government may after consultation with the panchayat, pass such orders as they deem fit as in the disposal of any part of the property vested in a village panchayat which has ceased to exercise jurisdiction over any village or group of villages and the discharge of the liabilities of the village panchayat relating to such property or arising from such village including all matters concerned there with or incidental thereto. (4) Incorporation and administration of panchayats. - (1) Every panchayat shall be a body corporate by the name of the panchayat specified in the notification issued under section 4, shall have perpetual succession and a common seal and shall, subject to any restriction or qualification imposed by or under this Act or any other law, be vested with the capacity of suing or being issued in its corporate name; of acquiring, holding and transferring property, movable or immovable, of entering into contracts and of doing all things necessary, proper or expedient for the purpose for which it is constituted. (5) A district panchayat, a block panchayat and a village panchayat shall exercise such powers, perform such functions and duties and shall have such responsibilities and authorities as are provided by or under this Act or any other law for the time being in force. 6 6. Strength of Panchayats. - (1) The total number of seats in a village panchayat, a block panchayat and a district panchayat to be filled by direct election shall be notified by the Government in accordance with the scale specified in sub-section (3) with reference to the population of the territorial area of the panchayat concerned. (2) The Government may after publication of the relevant figures of each census by notification alter the total number of seats in a Panchayat notified under sub-section (1) subject to the scale specified in sub-section (3). 6[(3) The number of seats to be notified under sub-section (1) or under sub-section (2) shall not; - (a) in the case of Village Panchayat, be less than twelve or more than twenty-two; (b) in the case of a Block Panchayat, be less than twelve or more than twenty two; (c) in the case of a District Panchayat, be less than sixteen or more than thirty two; Provided that the ratio between the Population of the Territorial area of a Panchayat any level and the number of seats in such Panchayat to be filled by election shall, so far as practicable, be the same throughout the State.] (6) The procedure for fixing the strength of a Panchayat shall be such as may be prescribed. 7. Composition of Village Panchayat. - (1) Every Village Panchayat shall consist of elected members equal to the number of seats notified under sub-section (1) of section 6. (2) All the seats in a Village Panchayat shall be filled by persons chosen by direct election in accordance with the provisions of this Act. (2) In every Village Panchayat, seats shall be reserved for the Scheduled Castes and Scheduled Tribes. (3) The number of seats reserved under sub-section (3) shall be determined by the Government and the number of seats so determined shall bear, as early as may be, the same proportion to the total number of seats in that Panchayat as the population of the Scheduled Castes in that Panchayat area or, as the case may be, of the Scheduled Tribes in that Panchayat area bears to the total Population of the Panchayat area, and such seats shall be allotted to the [State Election Commission] or an Officer authorised by it **under sub-section (1B) of section 10 by rotation to different constituencies in that Panchayat area; Provided that where the Population of the Scheduled Castes or the Scheduled Tribes in a Panchayat area is not sufficient enough to make them eligible for reservation of any seat, one seat shall be reserved in that Panchayat, for the Scheduled Castes or the Scheduled Tribes having higher population. (4) One-third of the total number of seats reserved under sub-section (4) shall be reserved by the Government for women belonging to the Scheduled castes or the Scheduled Tribes as the case may be: 6 7 6 Substituted by Second Amendmet Act 5 of 20057 Substituted by Act 13 of 1999. ^Substituted by Act 3 of 2005 Provided that if the number of seats reserved for Scheduled Castes or, as the case may be, the Scheduled Tribes, under sub-section (4) is one, that seat shall not be reserved for women, belonging to Scheduled Castes or Scheduled Tribes, as the case may be (5) One-third [including the seats reserved under sub-section (5)] of the total number of seats in a Village Panchayat shall be reserved by the Government for women and such seats shall be allotted by the State Election Commission or the Officer authorised by it ** under sub-section (1B) of section 10 by rotation to different constituencies in the Village Panchayat area. (6) Nothing contained in sub-sections (3) to (6) shall be deemed so prevent members of the Scheduled Castes or the Scheduled Tribes or the women from standing for election to the non- reserved seats in a Village Panchayat. (7) A Village Panchayat shall have a President and a Vice President elected by the members of the village Panchayat from among themselves. 8. Composition of Block Panchaya.: - (1) Every block Panchayat shall consist of: - (a) elected members equal to the number of seats notified under sub-section (1) of section 6: (b) the Presidents of the Village Panchayats in the territorial area of the Block Panchayat; and 8[(c)......................] (2) All the seats in a Block Panchayat notified under sub-section (1) of section 6 shall be filled by persons chosen by direct election in accordance with the provisions of this Act. (3) In every Block Panchayat, stipulated seats shall be reserved for the Scheduled Castes and the Scheduled Tribes. (4) The number of seats reserved under sub-section (3) shall be determined by the Government and the number of seats so determined shall bear as nearly as may be, the same proposition to the total number of seats in that Block Panchayat i.e., the population of the Scheduled Castes in that Block Panchayat area or, as the case may be, of the Scheduled Tribes in that Block Panchayat area bears to the total population of that Block Panchayat area and such seats shall be allotted by 8 9[the State Election Commission] or the Officer authorised by it **under sub- section (1B) of section 10 by rotation to different constituencies in that block panchayat area. Provided that where the population of the Scheduled Castes or Scheduled Tribes in block panchayat area is not sufficient enough for reservation of any seat, one seat shall be reserved in that block panchayat, for the Scheduled Castes of the Scheduled Tribes having higher population. 8 Omitted by Act 7 of 1995.9 S (5) One-third of the total number of seats reserved under such section (4) shall be reserved by the Government for women belonging to the Scheduled Castes or the Scheduled Tribes as the case may be: Provided that the number of seats reserved for Scheduled Castes or as the case may be, the Scheduled Tribes under sub-section (4) is one, that seat need not be reserved for women belonging to Scheduled Castes or as the case may be, Scheduled Tribes. (6) One-third [including the seats reserved under sub-section (5) of the total number of seats in a block panchayat shall be reserved by the Government for women and such seats shall be allotted by 10 11[the State Election Commission] or the Officer authorised by it ** under sub-section (1B) of section 10 by rotation to the different constituencies in the block panchayat area. (7) Nothing contained in sub-section (3) to (6) shall be deemed to prevent members of the Scheduled Castes or the Scheduled Tribes or the women from standing for election to the non- reserved seats in a block panchayat. (8) A Block Panchayat shall have a President and a Vice President elected by the elected members of the Block Panchayat from among themselves. 9. Composition of the District Panchayat. - (1) Every district panchayat shall consist of, (a) elected members equal to the number of seats notified under sub-section (1) of section 6; and (b) the presidents of the block panchayats in the district; 11[(c) ..................................................................................... (d) ...............................................................................................] (2) All the seats in a district panchayat notified under sub-section (1) of section 6 shall be filled by persons chosen by direct election in accordance with the provisions of this Act. (3) In every District panchayat, stipulated seats shall be reserved for Scheduled Castes and the Scheduled Tribes. (4) The number of seats reserved under sub-section (3) shall be determined by the Government and the number of seats so determined shall bear, as nearly as may be, the same proportion to the total number of seats in that District Panchayat as the population of the Scheduled Castes in the District Panchayat area or, as the case may be, of the Scheduled Tribes in that District Panchayat area bears to the total population of that District Panchayat area, and such seats shall be allotted by the [State Election Commission] or the Officer authorised by it ** under sub-section(1B) section 10 by rotation to different constituencies in that District Panchayat area: Provided that where the population of the Scheduled Castes or Scheduled Tribes in a District Panchayat area is not sufficient enough for the reservation of any seat, one seat 10 Substituted by Act 13 of 1999 11 Omitte shall be reserved for Scheduled Castes or Scheduled Tribes in that Panchayat, having higher population. (5) One-third of the total number of seats reserved under sub-section (4) shall be reserved by the Government for women belonging to the Scheduled Castes or, as the case may be, the Scheduled Tribes: Provided that the number of seats reserved for Scheduled Caste or, as the case may be, the Scheduled Tribes under sub-section (4) is one, that seat need not be reserved for women belonging to Scheduled Castes or, as the case may be, Scheduled Tribes. (6) One-third including the seats reserved under sub-section (5) of the total number of seats in a District Panchayat shall be reserved by the Government for women and such seats shall be allotted by [the State Election Commission] or the Officer authorised by it **under sub- section(1B) of section 10 by rotation to different constituencies in the District Panchayat area. (7) Nothing contained in sub-sections (3) to (6) shall be deemed to prevent members of the Scheduled Castes or the Scheduled Tribes or the women from standing for election to the non- reserved seats in a District Panchayat. (8) A District Panchayat shall have a President and a Vice-President elected by the elected members of the District Panchayat from among themselves. ** Substituted by the Act 3 of 2005 CHAPTER IV DELIMITATION OF CONSTITUENCIES 10. Division of Panchayats into Constituencies. - (1) [The Government shall by notification in the Gazette, constitute a Delimitation Commission consisting of the State Election Commission as the Chairman and four Officers, not below the rank of Secretary to Government, as member. The said Delimitation Commission shall, as soon as may be after fixing the strength of a Panchayat at any level under section 6 and after determining the number of seats to be reserves for Scheduled Castes, Schedules Tribes and for Women] - (a) divide every Panchayat into as many constituencies as there are seat and fix the boundaries of such constituencies: Provided that the population of each constituency shall, as far as practicable, be the same throughout the panchayat area: Provided further that where the territorial area of a Block Panchayat is divided into constituencies, the boundaries of such constituencies shall not divide any constituency of any Village Panchayat and where the territorial area of a District Panchayat as divided into constituencies the boundaries of such constituencies shall not divide any constituency of any Village Panchayat or of any Block Panchayat, into more than one division. ***[(b) ******] **[(1A) The Officers for the functioning of the Delimitation Commission, procedure for the conduct of meeting including quorum and other related matters shall be such, as may be prescribed. (1B) The State Election Commission of the Officer authorized by it in this behalf shall, on determination by the Government of the number of seats to be reserved, earmarked the constituency or constituencies to be reserved for Schedules Castes, Schedules Tribes or Women.] 14 15 16 17 18 14 Amended by Act 13 of 1999. 15 Ibid. 16 Ibid. 17 Substituted by Act 13 of 1999. 18 Substituted by Act 13 of 1999. ** Substituted by Act 3 of 2005 * * * (2) The "[Delimitation Commission] shall, - (a) publish [the proposal of the Delimitation Commission] in respect of the matters mentioned in clause (a) of sub-section (1), with a notice specifying the date on or after which the proposals will be considered [by it] and by inviting objections and suggestions with respect to the proposals before a date specified in the notice, by affixing copies thereof on the notice board of the Office of the panchayat concerned and in such conspicuous places within the Panchayat area concerned; (b) publish in the Gazette and in any two local newspapers having wide circulation within the panchayat area concerned the act of publication under clause (a); (c) consider all objections and suggestions that may have been received by the [Delimitation Commission] before the date so specified; and [(d) delimit the constituencies. **[(2A) The Officer authorised by the Sate Election Commission in this behalf shall determine, as to which constituency, the constituencies reserved for Scheduled Castes, Schedules Tribes or Women shall be allotted according to rotation, by draw of lots at the time, date and place fixed by the Commission in this behalf, by notification. (2B) After the drew of lots under sub-section (2A), the State Election Commission or the Officer authorised by it shall issue an order determining the constituency reserved for the Scheduled Caste, Scheduled Tribes or Women.] (3) An order made by the 19[State Election Commission or the Officer authorised by it] [or the Delimitation Commission]shall not be called in question in any Court of Law. (4) [The Delimitation Commission] shall furnish free of cost three copies each of the proposals published and the final orders issued under sub-section (2) to the Committees at the Panchayat level concerned of all political parties having representation in the Legislative Assembly and copies of such orders shall also be made available for sale, at the price fixed by [the Delimitation Commission], to all the public who require them. @[10A. X X X X X] 11. Power to rectify Printing mistakes, etc. - 21[The State Election Commission authorised by it] [or the Delimitation Commission] may from time to time correct any printing mistake in any order made under section 10 or any error therein arising from an inadvertent slip or omission. 19 20 21 19 Substituted by Act 13 of 1999.20 Inserted by Act 13 of 21 I bid @ S CHAPTER V OFFICERS AND STAFF OF STATE ELECTION COMMISSION 12. Staff of the State Election Commission. - (1) As soon as may be, after a request by the State Election Commission to the Governor under clause (3) of article 243K, the Government shall lend the services of such number of Officers and employees as may be necessary to assist the State election Commission in the discharge of its functions. (2) The Government may in consultation with the State Election Commission, appoint an officer not below the rank of Additional Secretary to Government as Secretary to the State Election Commission. (3) The Officers and employees referred to in sub-section (1) and sub-section (2) shall continue to be Government servants for all purposes and their terms and conditions of service shall continue to be the same as applicable to them under the Government. (4) The State Election Commission shall, in consultation with the Government ***21 designate or nominate such of the officers of the Government or of the local authority, as officers for the purpose of preparation and revision of electoral rolls and conduct of elections under this Act. 13. District Election officers. - (1) The State Election shall, in consultation with the Government, designate or nominate an officer of the Government or a local authority as district election officer for each district. Provided that the State Election Commission, may designate or nominate more than one such officer for a district if it is satisfied that the functions of the office cannot be performed satisfactorily by one such officer. (2) Where more than one district election officer is designated or nominated for a district, the State Election Commission shall in the order designating or nominating them also specify the area in respect of which, each such officer shall exercise jurisdiction. (3) Subject to the superintendence, direction and control of the State Election Commission, every district election officer shall co-ordinate and supervise all works in the area within his jurisdiction including preparation and revision of the electoral rolls in connection with the conduct of elections for all constituencies within the district. (4) The district election officer shall also perform such other functions relating to the election as may be entrusted to him by the State Election Commission. 14. Electoral Registration Officer. - (1) The electoral rolls for all the constituencies comprised in a village panchayat shall be prepared and revised, in such manner as may be prescribed, by an electoral registration officer who shall be such Officer of the Government or of a local authority as the State Election Commission may, in consultation with the Government, designate or nominate in this behalf. *** omitted by Act 13 of 1999. (2) An electoral registration officer may, subject to such restrictions as may be prescribed, employ competent teachers of schools including aided schools or Government employees or employees of local authorities for the preparation and revision of the electoral rolls for the constituencies. 15. Assistant Electoral Registration Officer. - (1) The State Election Commission may designate one or more persons as assistant electoral registration officers to assist any electoral registration officer in the performance of his functions. Provided that every such person shall be an officer of the Government or of a panchayat. (2) Every assistant electoral registration officer shall, subject to the control of the electoral registration officer, be competent to perform all or any of the functions of the electoral registration officer. CHAPTER VI PREPARATION OF ELECTORAL ROLLS 16. Electoral roll for every constituency. - (1) For every constituency in a village panchayat there shall be prepared an electoral roll in accordance with the provisions of this act. (2) The draft electoral roll shall be published in the 22[respective] panchayat office, the village office and 23[................] at the headquarters of the block and the taluk office, for facilitating the voters to verify the same and the final list shall be published after taking decisions on the objections and the applications. (3) The electoral rolls for the constituencies of block panchayats and district panchayats shall consist of the electoral rolls for all the constituencies of the village panchayat comprised within the constituencies of the block panchayat or, as the case may be, of the district panchayat and it shall not be necessary to prepare or revise separate electoral rolls for such constituencies. 17. Disqualifications for registration in an electoral roll. - (1) A person shall be disqualified for registration in an electoral roll if he, - (a) is not a citizen of India; or (b) is of unsound mind and stands so declared by a competent court; or (c) is for the time being disqualified from voting under the provisions of any law relating to corrupt practices and other offences in connection with elections. (2) The name of any person who becomes so disqualified after registration shall forthwith be struck off the electoral roll in which it is included. Provided that the name of any person struck off the electoral roll of a constituency by reason of a disqualification under clause (c) of sub-section (1) shall forthwith be reinstated in that roll it such disqualification is during the period such roll is in force, removed under any law authorising such removal. 18. No person to be registered in more than one constituency. - No persons shall be entitled to be registered in the electoral roll for more than one constituency. 19. No person to be registered more than once in any constituency. - No person shall be entitled to be registered in the electoral roll, for any constituency more than once. 20. Conditions of registrations. - Subject to the foregoing, provisions of this chapter, every person who: - (a) is not less than eighteen years of age on the qualifying date; and (b) is ordinarily resident in a constituency, shall be entitled to be registered in the electoral roll for that constituency. 22 Substituted by Act 7 of 1995.23 Omitted by I bid 21. Meaning of ‘ordinarily resident - (1) A person shall not be deemed to be ordinarily resident in a constituency on the ground only that he owns, or is in possession of, a dwelling house therein. (2) A person absenting himself temporarily from his place of ordinary residence shall not by reason thereof cease to be ordinarily resident therein. (3) A member of Parliament or of the State Legislature or President or Vice-President of a Panchayat at any level shall not during the term of his office cease to be ordinarily resident in the constituency, in the electoral roll of which he is registered as an elector, at the time of his election as such member, or President or Vice President by reason only of his absence from that constituency in connection with his duties as such member or President or Vice-President, as the case may be. (4) A person who is a patient in any establishment maintained wholly or mainly for the reception and treatment of persons suffering from mental illness or mental defectiveness, or who is detained in prison or other legal custody at any place, shall not by reason thereof only be deemed to be ordinarily resident therein. (5) If in any case a question arises as to whether a person is ordinarily resident at a place at any relevant time, the question shall be determined by the Election Commission with reference to all the facts of the case and to such rules as may be made in this behalf. 22. Preparation and revision of electoral rolls. - (1) The electoral roll for each constituency in a village panchayat shall be prepared in the prescribed manner by reference to the qualifying date and shall come into force immediately upon its final publication in accordance with the rules made under this Act. (2) The said electoral roll - (a) shall, unless otherwise directed by the State Election Commission for reasons to be recorded in writing, be revised in the prescribed manner by reference to the qualifying date - (i) before each general election to a panchayat at any level; and (ii) before each bye-lection to fill a casual vacancy in a seat allotted to the constituency. (b) shall be revised in any year in the prescribed manner by reference to the qualifying date if such revision has been directed by the State Election Commission: Provided that if the electoral roll is not revised as aforesaid, the validity or continued operation of the said electoral roll shall not thereby be affected. (3) Notwithstanding anything contained in sub-section (2) the State Election Commission may at any time, for reasons to be recorded, direct a special revision of the electoral roll for any constituency or part of a constituency in such manner as it may think fit: Provided that subject to the other provisions of this Act, the electoral roll for the constituency, as in force at the time of the issue of any such direction, shall continue to be in force until the completion of the special revision so directed. 23. Correction of entries in electoral rolls. - If the electoral registration officer for a constituency, on application made to him or on his own motion, is satisfied, after such inquiry as he thinks fit, that any entry in the electoral roll of the constituency, of a panchayat, - (a) is erroneous of defective in any particular; or (b) should be transposed to another place in the roll on the ground that the person concerned has changed his place of ordinary residence within the constituency; or (c) should be deleted on the ground that the person concerned is dead or has ceased to be ordinarily resident in the constituency or is otherwise not entitled to be registered in that roll, the electoral registration officer shall, subject to such general, or special directions, if any, given by the State Election Commission in this behalf, amend, transpose or delete the entry: Provided that before taking any action in any ground under clause (a) or clause (b) or any action under clause (c) on the ground that the person concerned has ceased to the ordinarily resident in the constituency or that he is otherwise not entitled to be registered in the electoral roll of that constituency, the electoral registration officer shall give the person concerned a reasonable opportunity of being heard in respect of the action proposed to be taken in relation to him. 24. Inclusion of names in electoral rolls. - (1) Any person whose name is not included in the electoral roll of a constituency may apply to the electoral registration officer for the inclusion of his name in that roll. (2) The electoral registration officer shall, if satisfied that the applicant is entitled to be registered in the electoral roll of that constituency, direct in writing that his name be included therein: Provided that if the applicant is registered in the electoral roll of any other constituency, the electoral registration officer shall inform the electoral registration officer of that other constituency and that officer shall, on receipt of the information, strike off the applicant’s name from that roll: (3) No amendment, transposition or decision of any entry shall be made under section 23 and no direction for the inclusion of a name in the electoral roll of a constituency shall be given under this section after the last date for making nominations for an election in that constituency and before the completion of that election. 25 25. Appeals. - An appeal shall be within such time and in such manner, as may be prescribed, to the district election officer from any order of the electoral registration officer under section 23 or section 24. 26. Fee for applications and appeals. - Every application under section 23 or section 24 and every appeal under section 25 shall be accompanied by the prescribed fee which shall, in no case, be refunded. 27. Making false declarations. - If any person makes in connection with - (a) the preparation, revision or correction of an electoral roll; or (b) the inclusion or exclusion of any entry in or from an electoral roll, a statement or declaration in writing which is false and which he either, known or believes to be false or does not believe to be true, he shall be punishable with imprisonment for a term which may extend to two years or with fine which may extend to 24 five thousand rupees or with both. 28. Breach of official duty in connection with the preparation etc., of electoral rolls.- (1) If any electoral registration officer, assistant electoral registration officer or other person required by or under this Act to perform any official duty in connection with the preparation, revision or correction of an electoral roll or the inclusion or exclusion of any entry in or from that roll, is without, reasonable cause, guilty, of any act or omission in breach of such official duty he shall be punishable with fine which shall not be less than one thousand rupees. (2) No suit or other legal proceeding shall lie against any such officer or other person for damages in respect of any such act or omission is aforesaid. (3) No court shall take cognizance of any offence punishable under sub-section (1) unless there is a complaint made by order of or under authority from, the State Election Commission. 24 24 Added by Act 13 of 1999. CHAPTER VII QUALIFICATIONS AND DISQUALIFICATIONS 29. Qualifications for membership of a Panchayat. - A person shall not be qualified for chosen to fill a seat in a panchayat at any level unless: - (a) his name appears in the electoral roll of any constituency in the Panchayat; (b) he has completed his twenty-first year of age 25(on the date of filing of nomination); (c) in the case of a seat reserved for the Scheduled Castes or for the Scheduled Tribes, he is a member of any of those castes or for those tribes, as the case may be; [*Provided that even if a candidate has omitted any word or words inadvertently when he makes and subscribes signature in such oath or affirmation and in the case he has been subsequently elected as a member and assumed office on oath or affirmation made in the Second Schedule he shall not be considered as disqualified for the mistake happened earlier.] (d) in the case of a seat reserved for women, such person is a women; (e) he makes and subscribes before the returning officer or any other person authorised by the State Election Commission an oath of affirmation according to the form set out for the purpose in the first schedule. (f) he has not been disqualified under any other provisions of this Act. 30. Disqualification of officers and employees of Government, local authorities etc. (1) Officer or employee in the service of the State or Central Government or of a local authority or a corporation controlled by the State or Central Government or of a local authority or any company in which the State or Central Government or a local authority has 26(not less than fifty one percent share) or of a statutory Board or of any University in the state shall be qualified, for election or for holding office as a member of a panchayat at any level. 27[Explanation - For the purpose of this section, company means a Government company as defined in section 617 of the Companies Act, 1956 (Central Act 1 of 1956) and includes a co-operative society registered or deemed to be registered under the Kerala Co-operative Societies Act, 1969 (21 of 1969)]. (2) Any Officer or employee referred to in sub-section (1) who has been dismissed for corruption or disloyalty shall be disqualified for a period of five years from the date of such dismissal for election or for holding office as a member of a panchayat at any level. 31. Disqualification of persons convicted for certain offences. - Every person convicted of an offence punishable under Chapter IX-A of the Indian Penal Code, 1860 (Central Act 45 of 1860) or under any other provision of law mentioned in section 8 of the Representation of People Act, 1951 (Central Act 43 of 1951) or under any law or rule relating to the infringement of the secrecy of an election, shall be disqualified from voting or from being elected in any election to which this Act applies or from holding the office of a member of a panchayat at any level for a period of six years from the date of his conviction. 25 Added by Act 7 of 1995. 26 Added by Act 7 of 1995 27 Inserted by Act 7 of 1995 * Inserted by Act 9 of 2003 32. Disqualification on ground of corrupt practices. - The case of every person found guilty of a corrupt practice by an order under section 101 shall be submitted as soon as may be after such order takes effect, by such authority as the Government may specify in this behalf, to the Governor or determination of the question as to whether such person shall be disqualified and if so, for what period. Provided that the period for which any person may be disqualified under this sub-section shall in no case exceed six years from the date on which the order made in relation to him under section 101 takes effect. (2) Before giving his decision on any question mentioned in sub-section (1) the Governor shall obtain the opinion of the State Election Commission on that question and shall act according to such opinion. 33. Disqualification for failure to lodge account of election expenses. - If the State Election Commission is satisfied that a person - 28 (a) has failed to lodge an account of election expense within the prescribed time and manner and has no sufficient reason or justification for such failure; or (b) The accounts lodged are false; 29 (c) Has incurred election expenses exceeding the prescribed limit] the State Election Commission shall, by order published in the Gazette, declare him to be disqualified and any such person shall be disqualified for a period of five years from the date of the order. 34. Disqualification of candidates. — (1) A person shall be disqualified for being chosen as and for being a member of a panchayat at any level, if he - (a) is so disqualified by or under any law, for the time being in force, for the purposes of elections to the Legislative Assembly; or (b) (i) has been sentenced by a court or Tribunal to imprisonment for a period not less than three months for an offence involving moral turpitude; (ii) has been found guilty of an offence of corruption by a competent authority under nay law in force; (iii)has been held personally liable for maladministration by the Ombudsman constituted under section 271 G; or (c) has been adjudged to be of unsound mind; or (d) has voluntarily acquired the citizenship of a foreign State; or (e) has been sentenced by a criminal court for any electoral offence punishable under Section 136 or [.................................] section 138 or has been disqualified from exercising any electoral right on account of corrupt practices in connection with an election, and six years have not elapsed from the date of such sentence or disqualification; or (f) is an applicant to be adjudicated an insolvent or is an undischarged insolvent; or 28 29 30 28 Substituted by Act 13 of 1999.29 Substituted by Act 30 Omitted by Act 7 of 1995 (g) is interested in a subsisting contract made with, or any work being done for, the Government or the panchayat concerned except as a shareholder (other than a director) in a company or except as permitted by rules made under this Act; Explanations. - A person shall not, by reason of his having a share or interest in any newspaper in which an advertisement relating to the affair of the Government or the panchayat concerned may be inserted, or by reason of his holding a debenture or being otherwise concerned in any loan raised by or on behalf of the Government or the panchayat, be disqualified under this clause; or (h) is employed as a paid legal practitioner on behalf of the Government or the panchayat concerned; or (i) is already a member whose term of office as such will not expire before his fresh election can take effect or has already been elected a member whose term of office has not yet commenced; or (j) is in arrears of any kind due by him to the Government or the Panchayat concerned (otherwise than in a fiduciary capacity) upto and inclusive of the previous year in respect of which a bill or notice has been duly served upon him and the time, if any, specified therein for payment has expired; or (k) is dismissed or removed from the service of the Central Government or of the State Government or the Service of any local authority or any other service referred to in sub-section (1) of section 30; and five years have not elapsed from the date of such dismissal or removal; or 31[(kk) has been disqualified as per the provisions of the Kerala Local Authorities (prohibition of Defection) Act, 1999 and has not completed six years from the date of disqualification.] (l) is debarred from practising as an advocate or vakil; or (m) is a deaf-mute; or (n) is disqualified under any other provision of this Act; or (o) is included in the black list for any default in connection with any contract or tender with the Government. 32[(p) has been found liable for loss, waste or misuse of money or other property of the panchayat by the Ombudsman] (2) If any question arises as to whether a candidate has become subject to any of the disqualifications mentioned in sub-section (1), the question shall be referred for the decision of the State Election Commission and the decision of the State Election Commission on such question shall be final. 35. Disqualifications of members. - * (1) Subject to the provisions of section 36, or section 102 a member shall cease to hold office as such, if he - 33 [(a) is found guilty as described under clause (b) of sub-section (1) of section 34 or is sentenced for such an offence; or] (b) has been adjudged to be of unsound mind; or (c) has voluntarily acquired the citizenship of a foreign State; or 31 32 33 31 Inserted by Act 11 of 1999.32 Inserted by Act 33 Inserted by Act 13 of 1999. * Amended by Act (d) has been sentenced by a criminal court for any electoral offence punishable under section 136 [...........]34 Section 138 or has been disqualified from exercising any electoral right on account of corrupt practices in connection with an election, and six years have not elapsed from the date of such sentence or disqualification; or (e) has applied to be adjudicated, or is adjudicated, an insolvent; or (f) acquires any interest in any subsisting contract made with, or work being done for, the Government or the panchayat concerned except as a shareholder (other than a director) in a company or except as permitted by rules made under this Act: Explanation. - A person shall not, by reason of his having a share or interest in any newspaper in which any advertisement relating to the affairs of the Government or the panchayat concerned may be inserted or by reason of his holding a debenture or being otherwise concerned in any loan raised by or on behalf of the Government or the panchayat, be disqualified under this clause; or (g) is employed as a paid legal practitioner on behalf of the Government or the panchayat concerned; or (h) ceases to reside within the area of the panchayat concerned; or (i) is debarred from practising as an Advocate or Vakil; or (j) is in arrears any kind due by him (otherwise than in a fiduciary capacity) to the Government or the panchayat concerned upto and inclusive of the previous year in respect of which a bill or notice has been duly served upon him and the time, if any, specified therein has expired; or 35 (k) absents himself without the permission of the panchayat concerned from its meetings or the meeting of the standing committee thereof for a period of three consecutive months reckoned from the date of commencement of his term of office or of the last meeting that he attended, or of the restoration to office as member under sub-section (1) of section, 37. as the case may be, or if within the said period, only in less than three meetings of the panchayat or of the Standing Committee as the case may be, have been held, absents himself from three consecutive meetings held after the said date;] Provided that no meeting from which a member absented himself shall be counted against him under this clause if, - (i) due notice of that meeting was not given to him; or than that prescribed for an ordinary meeting; or (ii) the meeting was held after giving shorter notice than that prescribed for an ordinary meeting; or (iii) the meeting was held on a requisition of members; or 36[Provided further that no permission shall be granted by the Panchayat to a member for absenting himself from meetings of the Panchayat or of the Standing Committee for a continuous period of more than six months.] (l) is disqualified under any provisions of the Constitution or under any law for the time being in force for the purpose of election to the Legislature of the State; or 3 4 3 5 Omitted by Act 7 of 1995 Amended by Act 13 of 1999. Ibid (m) is disqualified under any other provision of this Act. 37(n) has been disqualified under the provision of Kerala Local Authorities (Prohibition of Defection) Act, 1999; or (o) is liable for the loss, waste or misuse caused to the panchayat; (p) has failed, twice consecutively to convene the meetings of the Grama Sabha, due once in three months of which he is the convenor; or (q) has failed to file declaration of his assets within the time limit prescribed under section 159] * [(2) Notwithstanding anything contained in clause (q) of sub-section (1), a member, who had committed default in filing a statement regarding assets and liabilities within the time limit specified under Section 159 on the date on which the Kerala Panchayat Raj (Amendment) Act, 2007 came into force, shall not be deemed to be disqualified, if he files such statement before the concerned authority within 90 days from the date on which the said Act came into force.] 38 [35A, Cessation of membership. — No. member of a panchayat shall be a member of the Parliament or of the State Legislature at the same time and accordingly he shall cease to hold the office as a member of the Panchayat. - (a) where a person elected as a member of the panchayat has been a member of the parliament or of the Legislature before assuming his office and has not resigned the membership thereof or; (b) where a member of the Panchayat who is elected or nominated as a member of the Parliament or of the State Legislature on assuming such office] 36. Determination of subsequent disqualification of a member. - (1) Whenever a question arises as to whether a member has become disqualified under section 30 or section 35 excluding clause (n) thereof after having been elected s a member, any member of the panchayat concerned or any other person entitled to vote at the election in which the member was elected, may file a petition before the State Election Commission, for decision. 37 Inserted by Act 13 of 1999. 38 Ibid * Inserted by Act 11 of 2007 39 [Provided that, the Secretary or the Officer authorised by the Government in this behalf may refer such a question to the State Election Commission for decisions.] (2) The State Election Commission, after making such enquiry as it consider necessary in the petition referred to in of the reference made there under in subsection (1) whether so however that the State Election Commission may pass an interim order as to whether a member may continue in office of not till a decision is taken on the petition or the matter involved in the reference. 40(3) A petition [or reference] referred to in sub-section (1) shall be disposed of in accordance with the procedure applicable under the Code of Civil Procedure, 1908 (Central Act 5 of 1908) when trying a suit. 37. Restoration of membership. — (1) Where a person ceases to be a member of panchayat at any level under section 31 or clause (a) of section 35, he shall be restored to office for such portion of the period for which he was elected as may remain unexpired at the date of such restoration, if and when the sentence is annulled on appeal or revision or the disqualification caused by the sentence is removed; and any person elected to fill the vacancy in the interim shall, on such restoration, vacate office. (2) Where a person ceases to be member under clause (k) of section 35 the Secretary of the Panchayat concerned shall at once intimate the fact in writing to such person and report the same at the next meeting of the panchayat. If such person applies for restoration to the panchayat on or before the date of the next meeting or within fifteen days of the receipt by him of such intimation, the panchayat may at the meeting next after the receipt of such application restore him to his office of member: Provided that a member shall not be restored more than twice during his term of office. 39 40 39 Substituted by Act 13 of 1999. 40 Inserted by Act 13 of 1999. CHAPTER VIII NOTIFICATION OF GENERAL ELECTIONS AND ADMINISTRATIVE MACHINERY FOR THE CONDUCT OF ELECTIONS. 38. Notification for general election to panchayats. - (1) A general election shall be held for the purpose of constitution or reconstitution of new panchayats before the expiration of the duration of the existing panchayats. (2) For the said purpose, the Government shall, by one or more notifications published in the Gazette on such date or date as may be recommended by State Election Commission, call upon all the constituencies of the panchayats in the State to elect members in accordance with the provisions of this Act and of the rules and orders made there under. 39. Delegation of functions of State Election Commission. - The functions of the State Election Commission under this Act or the rules made there under, may subject to such general or special directions, if any, given by the State Election Commission in this behalf be performed also by the Secretary to the State Election Commission: Provided that the commission shall have power to examine any such decision taken by the Secretary either suo moto or on the basis of any complaint, and take suitable decision thereon. 40. General duties of district election officers. - Subject to the superintendence, direction and control of the State Election Commission the district election officer, shall co- ordinate and supervise all work, in the district in connection with the conduct of all elections to the panchayats in the district. 41[40 A. Election Observers.- (1) The State Election Commission may nominate adequate number of higher officials of the Government as observers in consultation with the Government for observing the election of the Panchayat.] 42[(2) The observer nominated under subsection (1) shall assist the State Election Commission to ensure a fair and equitable election and shall discharge such other function as may be entrusted by the Commission.] 41. Returning Officers. - For every Panchayat for every election to fill a seat or seats in the Panchayat, the State Election Commission, shall, consultation with the Government, designate or nominate 41 42 43one or more returning Officer who shall be an Officer of the government or of a local Self Government Institutions: Provided that nothing in the section shall prevent the State Election Commission from designating or nominating the same person to be the returning Officer for more than one Panchayats lying adjacent. 41 Inserted by Act 13 of 1999.42 Inserted by Act 13 43 Substituted by Act 13 of 1999. 42. Assistant Returning Officers. - (1) The State election Commission may appoint one or more persons as assistant returning officers to assist any returning officer in the performance of this functions. (2) Every Assistant Returning Officer shall, subject to the control of the Returning Officer, be competent to perform all or any of the functions of the returning officer: Provided that no assistant returning officer shall perform any of the functions of the returning officer which relates to the scrutiny of nominations unless the returning officer is unavoidably prevented from performing the said function. 43. Returning officer to include assistant returning officers performing the functions of the returning officer. — References in this Act to the returning officer shall, unless the context otherwise requires, be deemed to include an assistant returning officer performing any function which he is authorised to perform under sub-section (2) of section - 42. 44. General duty of the returning officer. - It shall be the general duty of the returning officer at any election to do all such acts and things as may be necessary for effectually conducting the election in the manner provided by this Act and the rules or orders made there under. 45. Provision of polling stations. - The district election officer shall with the previous approval of the State Election Commission provide sufficient number of polling stations for every panchayat within his jurisdiction, and shall publish in such manner as the State Election Commission may direct a list showing the polling stations so provided and the polling areas or groups of voters for which they have respectively been provided. 46. Appointment of presiding officers for polling stations. - (1) The district election officer shall appoint a presiding officer for each polling station and such polling officer or officers as he thinks necessary, but he shall not appoint any person who has been employed by or on behalf of, or has been otherwise working for, a candidate in or in relation to the election. Provided that if a polling officer is absent from the polling station, the presiding officer may appoint any person who is present at the polling station other than a person who has been employed by or on behalf of, or has been otherwise working or, a candidate in or in relation to the election, to be the polling officer during the absence of the former officer, and inform the district election officer accordingly: Provided further that nothing in this sub-section shall prevent the district election officer from appointing the same person to be presiding officer for more than one polling station in the same premises. (2) A polling officer shall, if so directed by the presiding officer, perform all or any of the functions of a presiding officer under this Act or any rules or orders made there under. (3) If the presiding officer, owing to illness or other unavoidable cause, is obliged to absent himself from the polling station, his functions shall be performed by such polling officer as has been previously authorised by the district election officer to perform such functions during any such absence. (4) References in this Act to the presiding officer shall, unless the context otherwise requires, be deemed to include any person performing any function which he is authorised to perform under sub-section (2) or sub-section (3) as the case may be. 47. General duty of the presiding officer: - It shall be the general duty of the presiding officer at a polling station to keep order there at and to see that the poll is fairly taken. 48. Duties of a polling officer: - It shall be the duty of the polling officers at a polling station to assist the presiding officer for such station in the performance of his functions. 4448A. Returning Officer, Presiding Officer etc. be deemed to be on deputation to the Election Commission. - The Returning Officer, the Assistant Returning Officer, the Presiding Officer, the Polling Officer, any other Officer and any Police Officer designated for the time being to conduct a general election or bye-lection under the provisions of this Act shall be deemed to be on deputation to the State Election Commission for the period from the date of the notification for such election to the date of declaration of the result of such election and accordingly, such officers shall be subject to the control, supervision and command of the State Election Commission during that period. 44 Added by Act 13 of 1999. CHAPTER IX CONDUCT OF ELECTIONS 49. Appointment of dates for nominations, etc. — As soon as the notification calling upon the constituencies in a panchayat at any level to elect a member or members is issued, the State Election Commission shall, by notification in the Gazette, appoint - (a) the last date for making nomination which shall be the seventh day after the date of publication of the first mentioned notification or, if that day is public holiday, the next succeeding day which is not a public holiday; (b) the date for the scrutiny of nominations which shall be the day immediately following the last date for making nominations or, if that day is a public holiday, the next succeeding day which is not a public holiday; (c) the last date for the withdrawal of candidatures, which shall be the second day after the date for the scrutiny of nominations or, if that day is a public holiday, the next succeeding day which is not a public holiday; (d) the date or dates on which a poll shall, if necessary, be taken which or the first of which shall be a date not earlier than the twentieth day after the last date for the withdrawal of candidatures; and (e) the date before which the election shall be completed. 50. Public notice of election. - On the issue of a notification, under section 49, the returning officer shall give public notice of the intended election in such form and manner, as may be prescribed, inviting nominations of candidates for such election and specifying the place at which the nomination papers are to be delivered. 51. Nomination of candidates for election. - Any person may be nominated as a candidate for election to fill a seat if he is qualified to be chosen to fill that seat under the provisions of the constitution and this Act; 45[Provided that a person nominated as a candidate to fill a seat in a constituency in a Panchayat shall not be nominated as a candidate for another constituency in the same Panchayat]. 52. Presentation of nomination paper and requirements for a valid nomination. - (1) on or before the date appointed under clause (a) of section 49, each candidate shall, either in person or by his proposer, between the hours of eleven O’clock in the forenoon and three O’clock in the afternoon deliver to the returning officer at the place specified in this behalf in the notice issued under section 50, a nomination paper completed in the prescribed form and signed by the candidate and by an elector of the constituency as