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

(ACT 3 OF 2005)

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

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

BE it 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 (Amendment) Act, 2005;

          (2) It shall be deemed to have come into force on the 10 th days of January, 2005.

        2. Amendment of section 7.- In the Kerala Panchayat Raj Act, 1994 (13 of 1994), (hereinafter referred to as the principal Act), in section 7,

         (1) in sub-section (4), for the words and figures “under section 10” the words and figures “under sub-section (1B) of section 10” shall be substituted;

        (2) in sub-section (6), for the words and figures “under section 10” the words and figures “under sub-section (1B) of section 10” shall be substituted;

      3. Amendment of section 8.- In section 8 of the principal Act,-

         (1) in sub-section (4), for the words and figures “under section 10” the word and figures “under sub-section (1B) of section 10” shall be substituted;

         (2) in sub-section (6), for the words and figures “under section 10” the words and figures “under sub-section (1B) of section 10” shall be substituted;

      4. Amendment of section 9.- In section 9 of the principal Act,-

         (1) in sub-section (4), for the words and figures “under section 10” the word and figures “under sub-section (1B) of section 10” shall be substituted;

       (2) in sub-section (6), for the words and figures “under section 10” the words and figures “under sub-section (1B) of section 10” shall be substituted;

      5. Amendment of section 10.- In section 10 of the principal Act,-

        (1)in sub-section (1),-

       (a) for the words and figures “Ass soon as may be, after fixing the strength of a Panchayat at any level under section 6 and after determining the number of seats to be reserved for Scheduled Castes, Scheduled Tribes and for Women, the State Election Commission or the Officer authorized by it in this behalf shall”, the words and figures “The Government shall by notification in the Gazette, constitute a Delimitation Commission consisting of the State Election Commission as the Chairman and four Officers not below the rank of Secretary to Government, as members. The said Delimitation Commission shall, as soon as may be after fixing the strength of a Panchayat at any level under section 6 and after determining the number of seats to be reserved for Scheduled Castes, Scheduled Tribes and for Women”, shall be substituted;

      (b) clause (b) shall be omitted;

      (2) after sub-section (1), the following sub-sections shall be inserted, namely:-

       “(1A) The Officers for the functioning of the Delimitation Commission, procedure for the conduct of meeting including quorum and other related matters shall be such, as may be prescribed.

        (1B) The State Election Commission or the Officer authorized by it in this behalf shall, on determination by the Government of the number of seats to be reserved, earmarked the constituency or constituencies to be reserved for Scheduled Castes, Scheduled Tribes or Women.”;

       (3) in sub-section (2),-

         (a) for the words “the State Election Commission or the officer authorized by it”, the words “the Delimitation Commission” shall be substituted;

        (b) in clause (a) for the words “the proposals of the State Election Commission or the Officer”, the words “the proposals of the Delimitation Commission” and for the words “by it or by him”, the words “by it” shall respectively, be substituted;

       (c) in clause (c) for the words “the State Election Commission or the Officer authorised by it”, the words “the Delimitation Commission” shall be substituted;

       (d) in clause (d) for the punctuation; “the punctuation” shall be substituted;

       (e) for the existing clauses (e) and (f) the following sub-sections shall be substituted, namely:-

      “(2A) The Officer authorised by the State Election Commission in this behalf shall determine, as to which constituency, the constituencies reserved for Scheduled Castes, Scheduled Tribes or Women shall be allotted according to rotation, by draw of lots at the time, date and place fixed by the Commission in this behalf, by notification.

      (2B) After the drew of lots under sub-section (2A), the State Election Commission or the Officer authorised by it shall issue an order determining the constituency reserved for the Scheduled Caste, scheduled Tribes or Women”;

      (4) in sub-section (3) after the words “the State Election Commission or the Officer authorised by it”, the words “or the Delimitation Commission” shall be inserted;

     (5) in sub-section (4) for the words “the State Election Commission or the Officer authorised by it”, occurring at both places, the words “the Delimitation Commission” shall be substituted.

     6. Omission of section 10A.- Section 10A of the principal Act shall be omitted.

      7. Amendment of section 11.- In section 11 of the principal Act after the words “the State Election Commission or the Officer authorised by it”, the words “or the Delimitation Commission” shall be inserted.

       8. Repeal and saving.- (1) Section 3 of the Local Self Government Institution Laws (Amendment) Ordinance, 2005 (3 of 2005) is hereby repealed.

         (2) Notwithstanding such repeal, anything done or any action 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.