KERALA PANCHAYAT RAJ ACT, 1994

The Kerala Panchayat Raj Act, 1994 was enacted with the constitutional goal of establishing genuine ‘institution of local self-Government’. The Act laid the provision of a three-tier system of Panchayat for the first time in the village, Block and District level in the rural areas. Local Governments were vested with the powers and responsibilities of economic development and social justice in their respective areas. Panchayats and Municipalities together constitute the Local Government System of Kerala State.

Kerala has 978 Village Panchayats (Gram Panchayats), 152 Block Panchayats and 14 District Panchayats. The President of the PAnchayat Raj Institutions (PRIs) has been declared as the executive authority. The Panchayats have full administrative control including powers of disciplinary action over its own staff as well as staff transferred to it. To encourage a healthy relationship between officials and elected Members, the Act lays down a code of conduct which provides respect for elected authorities.

The Act has defined the functional areas of the different tiers of local Governments so precisely. In infrastructure and management of public institutions, the functional differentiation is sharp and clear. The Act classifies functions as mandatory fuctions, general functions and sectorwise functions in the schedule.

All Village and Block panchayats have three Standing Committees and District Panchayat five Standing Committees. The Standing Committees are constituted in such a way that every member of the Panchayat gets a chance to function in one Standing Committee or other. Each Standing Committee is assigned certain subjects and is expected to go into the subject areas both at the planning and implementation stage in great detail. There are Steering Committees and Functional Committees in addition for the purpose of co-ordination in effective implementation.

The amended Act drastically reduces the powers of direct Governmental control over Panchayat Raj Institutions. While Government can issue general guidelines regarding national and State policies, it cannot meddle in day-to-day affairs or individual decisions. The Government can cancel resolutions of the Panchayat only through a process. A panchayat can be dissolved directly by Government only if it fails to pass the budget or if majority of its members have resigned. In all other cases, a due process has to be followed and the Ombududsman has to be followed before dissolution takes place.

THE STRUCTURE OF PANCHAYAT RAJ INSTITUTIONS AT VARIOUS LEVELS

The Government shall by notification in the Gazette Constitute.

(1)             A Village Panchayat for each village or for group of villages.

(2)              A Block Panchayat at intermediate level and

(3)             A District Panchayat for each District Panchayat area and specify the names and headquarters of such panchayats.

The Government may at the request of the Panchayat concerned or after consultation with the Panchayat by notification.

(1)             Increase the area of any Village Panchayat or Block Panchayat;

(2)             Diminish the area of any Village Panchayat or Block Panchayat;

(3)             Alter the headquarters of a Panchayat at any level or

(4)             Alter the name of a Panchayat at any level.

Provided that any alteration extending or reducing the area of a Village Panchayat or Block Panchayat shall not be brought into force before the expiry of the term of the existing committee of that Panchayat.

Every Panchayat shall be a body corporate having perpetual succession and a common seal. It shall be vested with the capacity of suing or being used in its corporate name and of acquiring, holding and transferring property, movable or immovable. It can enter into contracts and do all things necessary, proper or expedient for the purposes for which it is constituted. A District Panchayat, a Block Panchayat and a Village Panchayat shall exercise such powers, perform such functions and duties as are provided under this Act.

The total number of seats in a Village Panchayat, a Block Panchayat and a District Panchayat to be filled by direct election shall be notified by the Government. It shall be with reference to the population of the territorial area of the Panchayat concerned. The number of seats to be notified shall not:

(1)             In the case of Village Panchayat, be less than 13 or more than 23.

(2)             In the case of Block Panchayat, be less than 13 or more than 23.

(3)             In the case of District Panchayat, be less than 16 or more than 32.

THEIR COMPOSITION

Village Panchayat

Every Village Panchayat shall consist of elected members equal to the number of seats notified. All the seats in a Village Panchayat shall be filled by persons chosen by direct election. In every Village Panchayat, seats shall be reserved for the Scheduled Castes and Scheduled Tribes. The number of seats so reserved shall be in proportion to the population of Scheduled Casts and Scheduled Tribes in the Panchayat. Fifty per cent of the reservation seats shall be filled up by women belonging to the Scheduled Castes or Scheduled Tribes in the Panchayat as the case may be. Fifty percent of the total number of seats in a Village Panchayat shall be reserved by the Government for women. A Village Panchayat shall have a President and a Vice – President elected by the members of the Village Panchayat among themselves.

Block Panchayat

Every Block Panchayat shall consist of elected members equal to the number of seats notified. The President of the Village Panchayats in the territorial area of the Block Panchayat also forms a part. All the seats notified shall be filled by persons chosen by direct election. In every Block Panchayat, seats shall be reserved for the Scheduled Castes and the Scheduled Tribes. The number of seats so reserved shall be in proportion to the population of Scheduled Castes and Scheduled Tribes in the Block Panchayat.

Fifty per cent of the reservation seats shall be filled up by the women belonging to the Scheduled Castes and the Scheduled Tribes as the case may be. Fifty per cent of the total number of seats in a Block Panchayat shall be reserved by the Government women. A Block Panchayat shall have a President and a Vice-President elected by the elected members of the Block Panchayat from among themselves.

District Panchayat

Every District Panchayat shall consist of elected members equal to the number of seats notified. The President of the Block Panchayats in the District also forms a part. All the seats notified shall be filled by person chosen by direct election. In every District Panchayat, seats shall be reserved for the Scheduled Castes and Scheduled Tribes. The number of seats so reserved shall be in proportion to the population of Scheduled Castes and Scheduled Tribes in the District Panchayat. Fifty percent of the reservation seats shall be filled up by women belonging to the Scheduled Castes and the Scheduled Tribes as the case may be. Fifty per cent of total number of seats in a District Panchayat shall be reserved by the Government for women. A District Panchayat shall have a President and Vice-President elected by the elected members of the District Panchayat from among themselves.

ELECTION OF OFFICE BEARERS

The Government shall lend the services of such number of officers and employees necessary to assist the State Election Commission in the discharge of its functions. The Government may appoint an officer not below the rank of Additional Secretary to Government as Secretary to the State Election Commission. The State Election Commission shall designate such officers of the Government or of local authority as officers for the purpose of preparation and revision of electoral rolls and conduct of elections.

The State Election Commission shall in consultation with the Government designate or nominate an officer of the Government or local authority as District Election Officer. Where more than one district election officer is designated or nominated for a District, the State Election Commission shall in the order designating or nominating them also specify the area in respect of which each such officer shall exercise, jurisdiction. Every District Election Officer shall co – ordinate and supervises all works in the area in connection with the conduct of elections for all constituencies within the District.

The electoral roll for all the constituencies comprised in a Village Panchayat shall be prepared and revised by an Electoral Registration Officer. He shall be such officer of the Government or local authority as the State Election Commission in consultation with the Government designate or nominate.

The State Election Commission may designate one or more persons as Assistant Electoral Registration Officer  to assist any Electoral Registration Officer in the performance of his functions. Every such person shall be an officer of the Government or of a Panchayat.

MEETINGS OF THE VARIOUS BODIES

The meetings of a Panchayat at any level shall be held at such intervals as may be prescribed. Provided that the interval between two meetings shall not exceed 1 month. The President shall convene a special meeting of the Panchayat, if a notice in writing is given by not less that one-third of the members. Every meeting of the Panchayat shall normally be presided over by its President or in his absence by its Vice-President.  The person presiding shall decide all points of order arising at or in connection with meetings.

All questions before a meeting of a Panchayat shall be decided by a majority of votes of the members present. The person presiding the meeting shall have a casting vote in all cases of equality of votes. No resolution of a Panchayat shall be modified, varied or cancelled by that Panchayat within a period of 3 months from the date of passing thereof, except by a resolution supported by two-thirds of the whole number of members of such Panchayat.

Any member who was present at a meeting of the Panchayat shall have the right to give the Secretary a note of dissent regarding a resolution passed by the Panchayat. The Secretary shall forward copy of the minutes of every meeting of the Panchayat and the copy of the note of dissent to the Government or to the officer authorized by the Government in this behalf.

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Dr. Deepak Miglani

Email id.:- legalbuddy@gmail.com