The Kerala State Rural Development Board Act, 15 of 1971

92 THE KERALA STATE RURAL DEVELOPMENT BOARD ACT, 1\:J71 Preamble. Sections (Act 15 of 1971) CONTENTS 1 Short title, extent and commencement 2. Defimtwns 3. CreatiOn and mcorporatwn of the Board 4. ConstitutiOn of the Board 5. Regulations for proceedJngs of the Board. 6 Officers and servants of the Board. 7. FunctiOns and duttes of the Board 8 ExecutiOn of the schemes to be entrusted to the Government Engmeenng Departments 9. Fund of the Board -:f. 10. Board's power to ratse loans 11. Guarantee of loans by the Government 12. Board to be a local authonty under the Kerala Local Authonttes Loans Act 13 Boards power to recover the cost of the scheme from the benefictary Panchayats. 14. Adjudtcatwn of disputes. 15. Power to make rules. 16. Power to remove difficulties • t-. . I 93 THE KERALA STATE RURAL DEVELOPMENT BOARD ACT, 1971* (Act 15 of 1971) An Act to provide for the establishment of a Kerala State Rural Development Board for arranging \\·ater suppJy and other development schemes in rural areas in the State of Kera-la Preamble.-WHEREAS It IS expedient to provide for the establishment of a State Rural Development Board m the State of Kerala ; BE 1t enacted in the Twenty-second Year of the Repubhc of Indta as follows :- 1. Short title, extent and commencement.-(1) Th1s Act may be called the Kerala St:1te Rural Development Board Act, 1971. (2) It exlends to all the Panchayat areas m the State of Kerala. (3) It shall come mto force on such date as the Govern­ ment may, by notificatiOn m the Gazette, appomt 2 Definitions.-In this Act, unless the context otherwise requires,- ( a) 'Board' means the Kerala State Rural Development Board constituted under sectwn 4 , (b) 'Chairman' means the Chairman of the Board; (c) 'Member' means a member of the Board, (d) 'Panchayat' means a Panchayat as defined m clause (20) of sectiOn 2 of the Kerala Panchayats Act ,1960 (32 of 1960). (e) 'Panchayat area means the Panchayat area as de­ nned m clause (21) of sectwn 2 of the Ker3la Panchayats Act, ! !160 (32 of 1 CJ60) 3 Creation and incorporation of the Board.-The duty of carrymg out of the p1 oviswns of th1s Act shall, subJect to the restnctwns, conditions and hmttatwns therem contamed, be vested m a Board to be called "the Kerala State Rural --::-- --- ----- - ---- - -- ---- ---- l Published m the G.Jzette Extraordmary No. 256, dated 27th May, 1971. 94 Development Board," and such Board shall be a body cor­ porate and have perpetual successwn and a common seal and shall, by the sa1d name, sue and be used 4 Constitution of the Board.-(1) The Board shall con­ SISt of a Cha1rman and such number of members not exceedmg ten as may be fixed by the Government from ttme to time. ~ (2) The members of the Board shall be nommated by the Government : Provided that a maJority of the total number of members of the Board shall be non-officials who are members of the Panchayats in the State. (3) The Chairman and members of the Board shall hold office dunng the pleasure of the Government 5. Regulations for proceedings of the Board.-The Board ma:y, by nottficatwn in the Gazette, make regulatiOns not m consistent wtth thts Act and the rules made thereunder pres­ <:nbmg the procedure for holdmg its meetings, for transactwn of busmess thereat and such other matters necessary for the purpose of gtvmg effect to the provlstons of th1s Act 6. Officers and servants of the Board.-(1) The Board may, wtth the pnor approval of the Government, appomt such staff for the due performance of the functwns vesled in it under thts Act : Prov1ded that the Board may, wtth the prior approva! of the Government, appomt officers m the service of the Govern­ ment to attend to the functions of the Board in additiOn, to their duties under the Government (2) The c:;taff of the Board appmnted under sub-sectwn (1) shall be patd from the fund of the Board such remuneratwn as the Board may, w1th the pnor approval of the Government, fix from time to tune and they shall be under the admtm­ stratlve control of the Chatrman The Chatrman shall be the authonty competent to grant leave and to 1mpose penalttes on the members of the slafi of the Board 7 Functions and duties of the Board.-(1) It shall he lawful for the Board to arrange for the executwn of any of 1 he followmg types of schemes m a Panchaye~t area, namely ·-;- (a) water supply schemes, 95 (b) sewerage schemes, (c) development schemes wh1ch shall include the con­ struct!On of bus standc:;, carl stands, market bUlldmgs and the hke: Prov1ded that before arranging for the execution of any scheme within a Panchayat area, the Board shall consult the Panchayat concerned and obtam tls concurrence to the scheme. (2) Any panchayat m3y request the Board to arrange for the execut10n of any of the types of schemes referred to m sub-sectwn (1) w1thm 1ls area and the Board may, subJect to ava1lab1hty of funds, make reasonable prov1s10n for execut­ ing the scheme. 8 Execution of the schemes to be entrusted to the Government Engineering Departments.-The execution of the schemes shall be arranged by the Board through the Engmeer­ mg Departments of the Government Explanation.-For the purpose of th1s section, the Public Health Engmeermg Department shall be the Engmeenng Department of the Government m respect of water supply and ~ewerage schemes and the Buildmgs and Roads Wmg of the Publlc Works Department shall be the Engmeermg Depart­ :-r.ent of the Government m respect of the schemes referred to m clause (c) of sub-sectwn (1) of sectwn 7. 9 Fund of the Board.-(1) The Board shall have its own fund (2) The Board may accept grants, subvenhons, donations and g1fts from the Central or State Government or a Pan­ chayat or any mdivid'l::ll or body, whether mr0rporate or not ior all or any of the purposes of the Act (3) All moneys rece1ved by or on behalf of the Board by -. irtue of this Act shall constitute the fund of the Board and shall be depos1ted mto the public accounts 'Jf the Govern­ ment under such detailed head ot accounts as may be direct­ e-d by the Government or m any nationalised bank. The said account shall be operated upon by the Cha1rman or such offi•ial members of the Board as may be authorised by the Government. 96 10. Board's power to raise loans.-Subject to such con­ ditions and llmitatwns as may be laid down by the Govern­ ment and With their pnor approval, the Board may, for the promotwn and executwn of any scheme under this Act, raise loans or borrow money from any bank or other financial instttutwns approved U) the Government or from the r ,Ife Insurance Corporatwn of India cslabhshed under sectwn 1 of ~ 1 he Life Insurance CorporatiOn Act, 1 !-J5G (Central Act 31 of 1956). 11. Guarantee ot l()ans by the Government.-The Govern­ ment may guarantee in such manner as they thmk fit, the re­ payment of the prmcipal and payment of mterest of any loan proposed to be raised by the Board 12 Board to be a local authority under the Kerala Local Authorities Loans Act.-The Board shall be deemed to be a local authonty for the purpose of the Kera b Local Autho­ rtties Loans Act, 1963 (30 of 1963) 13. Board's power to recover the cost of the scheme from the beneficiary Pancha~ats.-(1) It shall be lawful for the Board t'o recover !rom a panchayat m such annual mstalments as may be decided upon m consultatwn with the Panchayat --.... concerned, the whole or any portwn of the expenditure m- curred by the Board m the executwn of any of the sch€mes under this Act wrthm the pJnchayat area (2) If any r-anchayat falls to pay the amount as deud­ ed upon, under sub-sectwn (1) to the Board, 1t shall be re­ coverable from the Panchayat m the manner latd down in the Kerala Local Authonties Loans Act, Hl63 (30 of 1963) 14 Adjudication of disputes.-If any dtspule anses bet­ ween the Board and any of the panchayats m respect of the '~atters provided for m this Act. such dtspute shall be referred to the Government whose decrswn ther<'on shall be final 15 Power to make rules. -(1) The Government may, by notificatiOn m the Gazette, make rules for the purpose n[ carrying mto effect the provisions of this Act (2) Every rule made under sub-sectwn (1) shall be laid r.s soon as may be after 1t rs made. before the Legrslattve As­ ~embly while It 1s m sessiOn for a total penod of fourteen days wh1ch may be comprised m one sesswn or m two succe~~ave sesswns, and If, before the expu y of the sesswn m whtch 1t IS 97 so laid or the session immediately followmg, the Legislative Assembly makes any modd'icatwn m the rule or decides that the rule should not be issued, the rule shall thereafter have effect only m such modified form or be of no effect, as the case may be, so however that any such modificatwn or annul­ ment shall be without preJUdice to the validity of anythmg done under that rule 16 Power to remove difficulties.-If any difficulty anses m givmg effect Lo Lhe provisions of this Act, the Government may, as occaswn may requrre by order, do anythmg not m­ consistent With the provisiOns of this Act which appears to them necessary or proper for the purpose of removmg the difficulty . • 3/23-7