Kerala Panchayat Raj (Amendment) Act, 2014 1. Short title and commencement. 2. Amendment of section. 3. Amendment of section 4. 4. Amendment of section 10. 5. Insertion of new section after section 21. 6. Amendment of section 30. 7. Amendment of section 149. 8. Amendment of section 154. 9. Insertion of new sections after section 219U. 10. Amendment of section 235 AB. 11. Validation. 12. Repeal and Savings.

The Kerala Panchayat Raj (Amendment) Act, 2014

(Act No. 34 of 2014)

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[Dated 23rd December, 2014.]

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 for the purposes hereinafter appearing;

Be, it enacted in the Sixty-fifth Year of the Republic of India as follows:-

Short title and commencement.- (1) This Act may be called the Kerala Panchayat Raj (Amendment) Act, 2014.

(2) Section 3 of this Act shall be deemed to have come into force on the 17th day of May, 2010, sections 2, 4, 7 and 8 shall be deemed to have come into force on the 14th day of June, 2010 and the remaining sections shall be deemed to have come into force on the 28th day of October, 2013.

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

(a) for the words "Industrial areas", the words, figures and letters "areas specified as industrial township under the proviso to clause (1) of Article 243 Q of the Constitution and areas declared as industrial areas under the Kerala Industrial Single Window Clearance Boards and Industrial Township Area Development Act, 1999 (5 of 2000)' shall be substituted;

(b) after the existing proviso, the following proviso shall be inserted, namely-

"Provided further that the provisions of Chapter XIX of this Act shall extend to the areas declared as industrial areas under the Kerala Industrial Single Window Clearance Boards and Industrial Township Area Development Act, 1999."

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

(1) in sub-section (2) and in the proviso, for the words "Village Panchayat" wherever they occur, the words "Village Panchayat or Block Panchayat" shall be substituted;

(2) in sub-section (3), after the words, "in a Village Panchayat", the words "or Block Panchayat" shall be inserted.

Amendment of section 10.- In section 10 of the principal Act, after sub-section (3), the following sub-section shall be inserted, namely:-

"(3A) Every order issued by the Delimitation Commission with regard to the delimitation of constituencies under this section shall be published in the Gazette and shall have the force of law.".

Insertion of new section after section 21.- In the principal Act, after section 21, the following section shall be inserted, namely:-

"23A. Special provision for the non-resident Indians to get themselves registered in the electoral roll. - Notwithstanding anything to the contrary contained in other provisions of this Chapter, any citizen of India as mentioned in section 20A of the Representation of the People Act, 1950 (Central Act 43 of 1950) shall be entitled to get himself registered as an elector in the electoral roll of the constituency in which his place of residence in India as indicated in his passport is situated.".

Amendment of section 30.- In sub-section (1) of section 30 of the principal Act, the existing Explanation shall be numbered as "Explanation 1" and after Explanation 1 so numbered, the. following Explanation shall be inserted, namely:-

"Explanation 2. - For the purpose of this section, the part-time employees and persons receiving honorarium except the Anganawadi employees, Balawadi employees, Asha Workers and Saksharatha Prcraks shall be deemed to be employees."

Amendment of section 149.- In the principal Act, in sub-section (2) of section 149, the following proviso shall be inserted, namely:-

"Provided that if the context so requires, general election may be conducted, within six months before the occurrence of vacancies as required by the State Election Commission, so as to facilitate conduct of general elections to different levels of Panchayats simultaneously.".

Amendment of section 154.- In section 154 of the principal Act, after sub-section (2), the following sub-section shall be inserted, namely:-

"(3) Where the President or Vice-President of a Panchayat refuses to hand over charge, of his office or any documents or money or other properties vested in, or belonging to the Panchayat which are in his possession or control or which had come into his possession or control, to his successor in office or other prescribed authority as soon as his term of office as President or Vice-President expires and in the case of the Vice-President, immediately on demand by the President, such President or Vice-President shall, on conviction, be punished for such offence with a fine which shall not exceed ten thousand rupees.".

Insertion of new sections after section 219U.- In the principal Act, after section 219U, the following sections shall be inserted, namely:-

"219V. Management of waste at source. - (1) Notwithstanding anything contained in sections 219A to 219U of this Act, the owner or the person having the lawful management or control of trade centres, hospitals, markets, slaughterhouses, chicken stalls, fish stalls, marriage halls, flats, multi storied buildings, hotels, catering service establishments, houses having a plinth area of more than 100 square metres and such other establishments as may be notified by the Village Panchayat, shall,-

(a) keep the waste originated in such buildings, establishments or places, segregated as bio-degradable and non bio-degradable waste at the source itself, in such manner as may be prescribed and as provided for in the bye-laws of the Village Panchayat and set up sufficient facilities in this behalf;

(b) process and dispose of in appropriate manner the bio-degradable waste segregated as per clause (a) at the source itself or with the written permission of the Secretary, at the neighbouring place in the ownership of such person, subject to the provisions of the Environment (Protection) Act, 1986 (Central Act 29 of 1986) and the rules made thereunder and without causing pollution to water, air and sound and if there is space restriction for this purpose, in order to ensure the processing of such waste through the Village Panchayat or through waste processing agencies recognised by the Government, pay such fees to the Village Panchayat, in such manner, as may be prescribed, in accordance with the quantity and type of waste;

(c) in order to deal with the non bio-degradable waste segregated under clause (a), enter into agreement with the person, or with the establishment which produces or distributes the goods which causes such wastes, to take back the wastes relating to such goods and on the other hand to remit the fees to the Village Panchayat during such period, in such manner and at such rates, as may be prescribed; and

(d) process the sewage originated in such , buildings or establishments or places scientifically at its source and where it cannot be processed scientifically, enter into an agreement with an agency recognised by the Government, which processes sewage scientifically, and shall not allow the sewage to flow into water bodies, drains or public way or public places.

(2) The buildings, establishments and places specified in sub-section (1) shall have the systems for processing the waste as stated in the said sub-section at the time of their construction itself and the Village Panchayat shall not grant working permit, license or building number in respect of those which do not have such systems and in the case of such existing buildings, establishments and places, the Secretary may allow a period not exceeding one year for making such systems or for rectifying the deficiencies in such systems and cancel the license, building number or working permit of those institutions which do not make sufficient system, after giving the party concerned an opportunity of being heard.

(3) Whoever violates any of the provisions of sub-section (1) shall, on conviction, be punished with imprisonment for a term which shall not be less than six months but which may extend to one year and with fine which shall not be less than ten thousand rupees but which may extend to fifty thousand rupees or with both.

(4) Any person convicted under sub-section (3) shall be punished with a fine of not less than one thousand rupees for each day of continuing violation of the provisions of sub-section (1).

219W. Restriction on plastic carry bags and covers and management of plastic waste. - (1) Subject to the provisions of the Environment (Protection) Act, 19S6 (Central Act 29 of 1986) and the rules made thereunder,-

(a) the Village Panchayat shall, by notification, fix the minimum price of various kinds of plastic carry bags and plastic covers and no institution or person shall sell such bags or covers at a price lower than the price so fixed or give them free of cost and the Village Panchayat shall take steps to ensure that no institution or person docs so;

(b) where an applicant who applies /or license under section 232 intends to sell plastic bags or plastic covers through his establishment, such information shall be recorded in the application and the Village Panchayat may, in addition to the usual license fee, realise a fixed amount as additional fee in this behalf for the period as may be prescribed, in accordance with the approximate number or quantity of plastic bags and plastic covers intended to be sold;

(c) every consumer shall keep the waste plastic bags and plastic covers segregated from other wastes and shall be managed as provided for in the bye-laws that may be made by the Village Panchayat.

(2) The Secretary shall, lodge complaint against any person who violates the provisions of clause (a) of sub-section (1), in accordance with the provisions of the said Central Act and the rules made thereunder.

219X. Constitution of Waste Disposal Fund. - The Village Panchayat shall constitute a special fund, by name, `The Waste Disposal Fund' for the purposes of disposal of waste, especially for the processing of plastic waste, originated within the Village Panchayat area, and,-

(a) the additional fee realised as per clause (b) of sub-section (1) of section 219W;

(b) the fine amount recovered in the cases relating to waste disposal;

and

shall be credited to the Fund and the same shall be managed in the manner as may be prescribed.".

Amendment of section 235 AB.- In sub-section (1) of section 235AB of the principal Act, for the word and figures "15th October, 1999", the word and figures "31st March, 2013" shall be substituted.
Validation.- (1) Notwithstanding the cesser of operation of the Kerala Panchayat Raj (Amendment) Ordinance, 2011 (33 of 2011) and the Kerala Panchayat Raj (Second Amendment) Ordinance, 2011 (34 of 2011) (hereinafter referred to as the said Ordinances),-

(a) anything done or deemed to have been done or any action taken or deemed to have been taken under the principal Act as amended by the said Ordinances shall be deemed to be valid and shall be deemed to have been done or taken as per the provisions of the principal Act as amended by the other sections, other than section 6 of this Act;

(b) anything done or any action taken after the cesser of operation of the said Ordinance and before the date of publication of this Act in the Gazette, except anything done or deemed to have been done or any action taken or deemed to have been taken in the ease of Anganawadi employees and Balawadi employees as per Explanation 2 of section 30 of the principal Act as amended by section 5 of Ordinance Number 34 of 2011, shall be deemed to have been done or taken under the principal Act as amended by the said Ordinance as if they would have been done or taken under the principal Act as amended by the said Ordinance.

(2) Notwithstanding the operation of section 30 of the principal Act as amended by Ordinance Number 34 of 2011, the provisions of the said section as so amended shall not be a bar, in so far as it relates to Anganawadi employees and Bala wadi employees, to continue in the posts in which they worked, even if they had resigned the job during the period of operation of the said Ordinance for the purpose of contesting election, and the orders issued by the Government in respect of the-conditions of their service and wages during the period of operation of the said Ordinance, shall be applicable.

(3) The cesser of operation of the said Ordinances shall not,-

(a) affect any right, liability or power acquired under the principal Act as amended as per their provisions;

(b) affect any legal proceedings or remedial measures in respect of any right, liability, power or exercise of power as stated above and any such legal proceedings or remedial measures may be initiated, continued or enforced as per the provisions of the principal Act, in so far as it is not inconsistent with the provisions of the principal Act as amended by this Act:

Provided that no person accused of having committed an offence under section 154 of the Principal Act as amended by Ordinance number 34 of 2011 during the period from the 13th day of July, 2011 to the 28th day of October, 2013 shall not be subjected to conviction.

Repeal and Savings.- (1) The Kerala Panchayat Raj (Amendment) Ordinance, 2014 (15 of 2014) 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.