Panchayat:Repo18/Law Manual Page0611

THE KERALA PANCHAYAT RAJ (EXECUTION OF PUBLIC WORKS) RULES, 1997

S.R.O. No. 756/97.— In exercise of the powers conferred by Clause (xi) of sub-section (2) of Section 254 of the Kerala Panchayat Raj Act, 1994 (13 of 1994) 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 (Execution of Public works) Rules, 1997.

(2) They shall come into force at once.

2. Definitions.-(1) In these rules unless the context otherwise requires -

(a) "Act" means the Kerala Panchayat Raj Act, 1994 (13 of 1994);

(b) “Panchayat Engineer” means an Engineer appointed under Section 180 or transferred to a Panchayat by Government under Section 181 or authorised by Government for this purpose by general or special order to execute or supervise the public works of a Panchayat.

Explanation.- 1. In the case of a Village Panchayat, if an Engineer is not appointed in the Village Panchayat or an Engineer is not transferred or authorised to that Village Panchayat by the Government, an Engineer appointed in the Block Panchayat or in the District Panchayat which includes that Village Panchayat area or an Engineer transferred or authorised by the Government to that Panchayat shall perform the duties of an Engineer with respect to that Village Panchayat.

Explanation.- 2. If more than one Engineer of the same grade is appointed, transferred or authorised to a Panchayat, the senior most Engineer shall perform the duties of the Panchayat Engineer.

(c) “Public Work” means a public work liable to be executed under the Act;

(d) "Section" means a section of the Act;

(e) “Beneficiary Committee" means a committee, elected under sub-rule (2) of Rule 13 by the people of the area who get the benefit due to the implementation of a public work.

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

3. Procedure and execution of public works.- (1) The Panchayat shall prepare a priority list of the public works intended to be executed in a Panchayat by including in the scheme or otherwise, at the beginning of a financial year.

(2) The rough cost estimate of each public work intended to be executed shall be prepared accordingly.

(3) Subject to sub-rule (1) of Rule 6, the Panchayat shall decide how to execute each public work; whether on contract basis, or directly by the Panchayat or through the beneficiary committee and that shall be made clear while administrative sanction is given.

(4) The Panchayat may decide whether a public work may be executed through contractors if such public work involves technicality, machinery to be used and required the supervision of experts