Panchayat:Repo18/Law Manual Page0701

                                                                   NOTES

Panchayat Raj (Procedure to be Adopted on Illegal Resolutions) Rules, 2003 (Kerala) R.4 - The Deputy Director of Panchayats is not an authority under the Illegal Resolution Rules. Nor is he an authority, statutory vested with the jurisdiction to consider any issue relatable to the election, in terms of R.5 of the Standing Committee Rules. — Suresh v. State of Kerala — 2006 KHC 203 : 2006 (1) KLT 669 : ILR 2006 (1) Ker. 477 : 2006 (1) KLJ 583.

4. Procedure on illegal resolutions.— (1) Where the Secretary is of the opinion that a resolution passed by the Panchayat has not been legally passed or passed in excess of the powers conferred by the Act, or that, if implemented, it may endanger human life or health or public safety, he shall, in writing, request the Panchayat to review the said decision and such request shall be included in the Agenda prepared under rule 5 of the Kerala Panchayat Raj (Procedure for Panchayat Meeting) Rules, 1995 as a subject for consideration in the next meeting of the Panchayat.

(2) A note containing the opinion of the Secretary under sub-rule (1) shall be given to the members before the meeting, and at the time of discussion of the subject in the meeting, the Secretary shall explain his opinion therein.

(3) After discussion of the subject, if the Panchayat resolves to uphold its earlier decision, the Secretary shall, within two days forward the Panchayat resolution and his opinion thereon by Registered post to the Government for its decision or shall, in case of urgency, deliver it directly to the Government: Provided that the Secretary shall not take any action under this sub-rule without giving prior information to the President.

(4) Government shall, as early as that may be within fifteen days, examine and take appropriate action under Section 191 on a resolution of the Panchayat, received from the Secretary for the decision of the Government under sub-rule (3).

(5) The Government may, before taking a decision on the resolution passed by the Panchayat, call for the explanation, report or records of the Panchayat as to the circumstances that led to the passing of the resolution and if so required the Panchayat shall submit to the Government such explanation, reports or records within one month and the Government, may, after examining the same, if found necessary, give an opportunity to the Panchayat to review is decision.

(6) Where no direction has been received from the Government within fifteen days after a Panchayat decision was forwarded to the Government, the Secretary shall, on the presumption that the Government have no direction to be issued in the matter, implement the said resolution and inform the matter to the Government forthwith.

(7) The Secretary shall inform the President in Writing any direction received from the Government under sub-rule (4) and shall take further action in accordance with the said direction.

                                                              Explanatory Note 

(This does not form part of the Notification, but is intended to indicate its general purport.) It has become necessary to bring substantial amendments to the Kerala Panchayat Raj (Procedure to be adopted on Illegal Resolutions) Rules, 1996 in the light of the amendments made to Sections 182 and 191 of the Kerala Panchayat Raj Act, 1994 by the Kerala Panchayat Raj (Amendment) Act, 1999. Government consider it more desirable to issue fresh rules incorporating the revised provisions in respect of the subject than to amend the existing rules. This Notification is intended to achieve the above purpose.