Panchayat:Repo18/Law Manual Page0514

THE KERALA PANCHAYAT RAJ (LANDING PLACES, HALTING PLACES, CART STANDS AND OTHER VEHICLE STANDS) RULES, 1995*

: S.R.O. No. 1565/95.- In exercise of the powers conferred by Sections 227, 228 and 225 of the Kerala Panchayat Raj Act, 1994 (13 of 1994) read with Section 254 thereof, the Government of Kerala hereby make the following rules, namely:

RULES

1. Short title and commencement.-

(1) These rules may be called the Kerala Panchayat Raj (Landing Places, Halting Places, Cart stands and Other Vehicle Stands) Rules, 1995

(2) They shall come into force at once.

2. Definitions

In these rules, unless the context otherwise requires, (a) 'Act' means the Kerala Panchayat Raj Act, 1994 (13 of 1994);

(b) 'Secretary' means the Secretary of the Village Panchayat;

(c) 'Section' means a section of the Act;

(d) Words and expressions used and not defined in [these rules, but defined in) the Act shall have the meanings respectively assigned to them in the Act.

3. Panchayat to invite objections before providing public landing places, halting places, cart stands or other vehicle stands.

(1) A Village Panchayat shall, if it intends to provide any public landing place, halting place, cart stand or other vehicle stand, publish a notice in the notice board of the Village Panchayat and in any prominent place in each of its constituencies requiring the public to raise objections regarding the same, if any, in writing within thirty days and publish the fact of such publication of notice in any two local daily newspapers in the regional language having wide circulation in that Village Panchayat.

(2) The notice shall contain the survey number and the extent of the land in which it is intended to provide the landing place, halting place, cart stand, or other vehicle stand.

4. Village Panchayat to consider the objections.—

The Village Panchayat shall, in cases where the approval of Regional Transport Authority is not required, consider the objections received from the public within the fixed day and dispose them within fifteen days.

5. Village Panchayat to obtain previous sanction of the Regional Transport Authority

The Village Panchayat shall obtain previous sanction or the Regional Transport Authority before opening any public stand of halting place to motor vehicles. NOTES Shifting of parking of vehicles to the taxi stand - It is approved by the Regional Transport Authority – Public notice - Not required - It is not bound to hear objections. In this case all formalities scrupulously have been carried out, Ext.P6 cannot be termed as irregular. In the matter of cart stands and other vehicles, the relevance of a clearance by the R.T.A. is difficult to be appreciated. The local authority is the