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(ACT 31 OF 2005)

THE  KERALA  PANCHAYAT  RAJ  (THIRD AMENDMENT) ACT, 2005 [1]

An Act further to amend the Kerala Panchayat Raj Act, 1994.

            Preamble.- WHEREAS, it is expedient further to amend the Kerala Panchayat Raj Act, 1994 (Act 13 of 1994), for the purposes hereinafter appearing;

            BE enacted in the Fifty-sixth Year of the Republic of India as follows:-

            1. Short title and commencement.- (1) This Act may be called the Kerala Panchayat  Raj (Third Amendment) Act, 2005.

                        (2) Sub-section (1) of section 2 of this Act shall be deemed to have come into force on 24th March, 1999 and sub-section (2) thereof shall be deemed to have come into force on the first day of January, 2001, sections 5, 6 & 14 shall be deemed to have come into force on the first day of September, 2000 and the remaining sections shall come into force at once.

            2.  Amendment of Section 1.- In the Kerala Panchayat Raj Act (Act 13 of 1994) (hereinafter referred to as the principal Act), in section 1,-

                     (1). in sub-section (2), the following proviso shall be inserted, namely:-

           “Provided that the provisions in Chapters XXV  B, XXV  C of this Act shall extend to the areas within the limits of Town Panchayats, Municipal Councils and Municipal Corporations in the State of Kerala.”.

                    (2) In the proviso to sub-section (3), for the words and figures “Ist day of January, 2001”, the words and figures “Ist day of January, 2006” shall be substituted.

            3.  Amendment of section 3.- In sub-section (3) of section 3 of the principal Act,-

                        (1) for the words “shall meet at the place fixed by the Village Panchayat” the words “shall meet at the place, date and time, fixed by the Convenor of Grama Sabha in consultation with the President of the village panchayat and the Convenor of the Grama Sabha shall intimate the details of the meeting to the Grama Sabha Members by a public notice” shall be substituted;

                        (2) for the words “Convenor of the Village Panchayat”, the words “Convenor of Grama Sabha” shall be substituted.

           4.  Amendment of section 35.- In section 35 of the principal Act,-
                       
                      (1) in clause (f), after the words “or except as permitted by rules made under this Act”, the following words shall be added, namely:-

                     “or enters into the contract or work with the Panchayat as a Convener of the beneficiary committee which undertake the project or work of that Panchayat;”;

                     (2) for the existing clause (g), the following clause shall be substituted, namely:-

                            “(g) is employed as paid legal practitioner on behalf of the Government or the Panchayat concerned or accepts employment as a legal practitioner against the Panchayat; or”;

                     (3) after clause (q) the following clause shall be added, namely:-

                            “(r) failed to enter upon office within the time limit specified in sub-section (13a) of section 153”.

           5.  Amendment of section 72.- In section 72 of the principal Act,-

                        (1) in sub-section (1), after clause (a), the following clause shall be inserted, namely:-

                             “(aa) voting machine develops any mechanical failure during the course of recording votes; or”

                        (2) in clause (b) of sub-section (2) after the words “the error or irregularity in procedure”, the words “or the mechanical failure developed in the voting machine” shall be inserted.

            6.  Insertion of new section after section 74.- After section 74 of the principal Act, the following section shall be added, namely:-

                       “74A. Using voting machine in elections.- Notwithstanding anything contained in this Act or the rules made thereunder, the system of giving and recording of votes by voting machine, in such manner as may be prescribed, may be adopted in any election as the State Election Commission may fixed having regard to the circumstance of each locality.

             Explanation.- For the purpose of this section “voting machine” means any electronic machine or any other machine used for giving or recording of votes and it shall also be construed that any reference as to ballot box or ballot paper in this Act or rules
made thereunder save as otherwise provided, shall include the reference to a voting machine which is being used in any election.”

            7.  Amendment of section 152.- In sub-section (5) of section 152 of the principal Act for the word “Government”, the words “State Election Commission”, shall be substituted.

            8.  Amendment of section 153.-After sub-section (13) of section 153 of the principal Act, the following sub-section shall be added, namely:-

                        “(13a) The State Election Commission may declare the office of the President or Vice-President, as the case may be, as vacated on his own motion where the person has not entered upon his office without sufficient cause by taking oath or affirmation within a period of fifteen days from the date he was declared as elected as President or Vice-President of a Panchayat of any level.”.

            9.  Amendment of section 161.-  In sub-section (6) of section 161 of the principal Act, after the words “a casting vote”, the word “also” shall be inserted.

            10. Amendment of section 162A.- In sub-section (1) of section 162A of the principal Act,-

                        (1) In sub-clause (iii) of clause (a) for the words “water supply”, the words “water supply (drinking water)” shall be inserted;

                        (2) In clause (c),-

                             (a) In sub-clause (ii), after the words “small scale industry”, the word “electricity” shall be added;

                             (b) In sub-clause (v), after the words “development of scheduled caste scheduled tribe”, the words “eradication of poverty” shall be added.

            11.  Amendment of section 204.-  In sub-section (3) of section 204 of the principal Act, the following Explanation shall be added, namely:-

               “Explanation.- For the purpose of this section ‘aggregate income’ shall not include House Rent Allowance, City Compensatory Allowance, Conveyance Allowance or Travelling Allowance.”.

            12.  Amendment of section 206.- In clause (b) of sub-section (1) of section 206 of the principal Act, after item (iv), the following item shall be inserted, namely:-

“(iva) Transfer of assignment on lease other than sub-lease of immovable property

 

The same stamp duty on sale deed (item 21 or 22, as the case may be, of the schedule to the Kerala Stamp Act 1959) for consideration equal to the value of transfer.”

         13.  Amendment of section 212.- In sub-section (6) of section 212 of the principal, Act, the following proviso shall be inserted, namely:-

                        “Provided that if the Government or the Central Government specifically insist to deposit the fund in Nationalised Bank or in any of the Co-operative Banks registered under the Kerala Co-operative Societies Act, 1969, or have given special permission to do so, the said fund may be deposited in such banks”.

           14.  Amendment of section 254.- In section 254 of the principal Act, after clause (liii) of sub-section (2), the following clause shall be inserted, namely:-

                        “(liiia) the manner of giving and recording of votes by using voting machine and the procedure for voting to be followed in polling stations where such voting machines are used.”.

          15.  Validation.- (1) Notwithstanding the cessation of operation of the Kerala  Local Self Government Institution Laws (Amendment) Ordinance, 2001 (20 of 2001),-

                        (a) anything done or deemed to have been done or any action taken or deemed to have been taken under section 72, 74 and 254 of the principal Act as amended by the said Ordinance shall be deemed to have been done or taken under the principal Act as amended by this Act;

                        (b) anything done or any action taken after the cessation of operation of the said Ordinance and before the publication of this Act in the Gazette, which could have been done or taken under the principal Act as amended by the said Ordinance had it not been ceased to operate, shall be deemed to have been done or taken under the principal Act as amended by this Act.

                        (2) The cessation of effect of the said Ordinance shall not,-

                             (a) affect any right, privilege, obligation or liability acquired, accrued or incurred thereunder; or

                             (b) affect any legal proceedings or remedy in respect of any such right, privilege, obligation or liability and any such legal proceedings or remedy may be instituted, continued or enforced under provisions of the principal Act as amended by this Act.
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