Panchayat:Repo18/Law Manual Page0084

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(xl) 'Secretary' means the Secretary of a Village Panchayat or a Block Panchayat or a District Panchayat, as the case may be;

(xli) 'State' means the State of Kerala;

(xlii) 'State Election Commission' means the State Election Commissioner appointed by the Governor under Article 243 K;

(xliii) 'Taluk' means a revenue Taluk;

(xliv) "Village' means a Village specified by the Governor under clause (g) of Article 243;

(xlv) 'village officer' means the officer in charge of a revenue village;

(xlvi) 'Village Panchayat' means a Village Panchayat constituted for a village or for a group of villages under clause (a) of sub-section (1) of Section 4;

(xlvii) 'water course' includes any river, stream or channel whether natural or artificial; (xlviii) 'year' means the financial year;

(xlix) 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.

NOTES

'Cantonment' meaning of - The meaning of words in a particular context must be ascertained considering the subject matter and the nature of the context in which they are found. One has to ascertain the various shades of meaning of this word so as to find out a particular meaning to be attached to this word. The word can mean only this, in India a permanent military station - Narayanan v. State of Kerala - 1990 (2) KLT 412 : 1990 (2) KLJ 566 : AIR 1992 Ker. 148. "Provision", meaning of – Interpretation of statutes – The true meaning of the word "provision" in the context is a section or series of sections forming a self-contained integral whole, perhaps, even a parte of a section if it can stand by itself and satisfy this test. Subsection (3) of S. 1 provides for conditional legislation, and it is well-recognised that conditional or delegated legislation must conform with the legislative intent as disclosed by the statute and must not run counter to it. In particular, it must not effect any change of policy or any essential change in the Act regarded as a whole. – Saidu Muhammed v. Bhanukuttan, Executive Officer, Chavara Panchayat - 1967 KLT 947 FB : ILR 1967 (2) Ker. 705. Part of a public road - Admission by Panchayat cannot confer right of ownership or po on any private persons - The three cents lying on the side of the road, as identified by the Commissioner in his plan, are part of the "public road". No amount of admission by the Panchayat or any number or resolutions passed by it can confer right of ownership or possession on any private person in respect of such property. - Spl. Officer, Thrikkarpur Panchayat v. Beepathumma - 1987 (1) KLT SN.6 P.4. 2

CHAPTER II

GRAMA SABHA

3. Grama Sabha.-

(1) For the purposes of this chapter, each constituency of a 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;