ACT 9 OF 2003

THE KERALA PANCHAYAT RAJ (AMENDMENT) ACT, 2003 [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 (13 of 1994) for the purposes hereinafter appearing;

BE  it enacted in the Fifty-fourth year of the Republic of India as follows:-

1.  Short title and commencement.--(1)  This Act may be called the Kerala Panchayat Raj (Amendment) Act, 2003.

    (2)  Section 2 of this Act shall be deemed to have come into force on the 24th day of March, 1999 and the remaining sections shall be deemed to have come into force on the 29th day of March, 2003.

2.  Amendment for section 29.--In section 29 of the Kerala Panchayat Raj Act, 1994 (13 of 1994), (hereinafter referred to as the principal Act) to clause (c) the following proviso shall be added, namely:--

    "Provided that even if a candidate has omitted any word or words inadvertently when he makes and subscribes signature in such oath or affirmation and in the case he has been subsequently elected as a member and assumed office on oath or affirmation made in the Second Schedule he shall not be considered as disqualified for the mistake happened earlier."

3. Validation.--Notwithstanding anything contained in the Kerala Panchayat Raj Act, 1994 )(13 of 1994) or any other law, or judgement or order of any court where a person has been elected as a member of a Panchayat and has assumed office after making and subscribing oath or affirmation as per the Second schedule of the principal Act, he shall not deemed to be disqualified for being a member or his election shall not be considered as void for the only reason that while presenting nomination paper he has omitted any word or words in the oath or affirmation made or subscribed before the returning officer or any other authority and he shall continue to be the member.

4.  Repeal and saving.--(1)  Section 3 of the Local Self government Institution Laws (Amendment) Ordinance, 2003 (2 of 2003) is hereby repealed.

   (2)  Notwithstanding such repeal, anything done or deemed to have done or any action taken or deemed to have taken under 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.