| THE KERALA DISTRICT ADMINISTRATION (AMENDMENT ACT, 1991 [1] |
| THE KERALA DISTRICT ADMINISTRATION (AMENDMENT ACT, 1991 [1] (Act 21 of 1991) An Act further to amend the Kerala District Administration Act, 1979 Preamble .-WHEREAS it is expedient further to amend the Kerala District Administration Act, 1979, for the purposes hereinafter appearing; BE it enacted in the Forty-second Year of the Republic of India as follows:- (2)Section 2 [except clauses (ii), (iii) and (v)], section 6, section 8 [except sub-clauses (i) and (iv) of clause (a) ], clause (iv) of section 9, section 10 [except clauses (i) and (iii)], section 11 (in so far as it relates to new section 21H), clause (v) of section 14, section 25, section 26, section 32 and section 33 shall be deemed to have come into force on the 1 st day of March, 1991, section 11 (except new section 21H as substituted by that section) shall be deemed to have come into force on the 29 th day of December, 1990, section 22, section 34 and section 35 shall be deemed to have come into force on the 1 st day of April, 1991, clause (i) of section 21 shall be deemed to have come into force on the 13 th day of April, 1991 and the remaining provisions of this Act shall come into force at once. (i)clause (a) shall be relettered as clause (aa) thereof and in clause (aa) as so relettered, the words "district councils and" shall be omitted; (ii)before clause (aa) as so relettered, the following clause shall be inserted, namely:- "(a) "Collector" means the Collector of the district concerned;"; (iii)clause (e), shall be omitted; (iv)in clause (f), the words "and the taluk samithis", shall be omitted; (v)for clause (g), the following clause shall be substituted, namely:- "(g) ˜member' means a member of the district council including an ex-officio and a nominated member;": (vi)clause (pp), shall be omitted. (i)(a) section 4 shall be numbered as sub-section (1) thereof; (b) in the proviso to sub-section (1) as so renumbered, for the words "number of members", the words, "number of members referred to in this sub-section" shall be substituted; (ii)after sub-section (1) as so renumbered the following sub-sections shall be inserted, namely:- "(2) The Members of the House of the People (Lok Sabha) representing the State and the Members of the Legislative Assembly of the State, representing any area comprised in one district shall be ex-officio members of the district council of that district: Provided that where the area which a Member of the House of People (Lok Sabha) or a Member of the Legislative Assembly of the State represents comprises partly in one district and partly in another district, he shall be an ex-officio member of the district councils of both the districts in which the area he represents is comprised: Provided further that where a member of the House of the People (Lok Sabha) or a Member of the Legislative Assembly of the State is chosen as Speaker, as the case may be, of the House of the people (Lok Sabha) or of the Legislative Assembly of the State, he shall cease to be an ex-officio member. (3)A Member of the Council of States (Rajya Sabha) representing the State shall be an ex-officio member of the district council of the district in which he ordinarily resides, or in case he is not an ordinarily resident of the State, of the district council of the district in which the capital of the State is situated. (4)A member nominated to the Legislative Assembly of the State shall be an ex-officio member of the district council of the district in which he ordinarily resides. (5)Where a Member of either House of Parliament or a Member of the Legislative Assembly of the State is appointed as Minister, whether of the Central or State, or where a Member of the Legislative Assembly is recognized as Leader of the Opposition in the Assembly by the Speaker he may nominate a person or persons from the area he represents as such Member to represent him in the district council or district councils of the district or districts of which he is a member of ex-officio (6)Nothing contained in sub-section (2) or sub-section (3) or sub-section (4) shall be deemed to prevent any Member of either House of Parliament or of the Legislative Assembly from standing for election and becoming a member of the district council and in such case he shall cease to be an ex-officio member of the district council. (7)An ex-officio member referred to in sub-section (2) or sub-section (3) or sub-section (4) or a nominated member referred to in sub-section (5) or an elected member referred to in sub-section (6) shall, subject to the provisions of this Act, have all the rights of a member provided in this Act.". (i)in sub-section (2), for the words and figure "fixed under section 4", the words, figures and brackets "fixed under sub section (1) of section 4" shall be substituted; (ii)for sub-section (3), the following sub-section shall be substituted, namely:- "(3) The number of seats reserved for the Scheduled Tribes shall be as one seat in every district council where the population of the Scheduled Tribes in the district is ten thousand or more, or shall bear, as nearly as may be, the same proportion to the total number of seats in the district council as the population of the Scheduled Tribes in the district bears to the total population of the district, whichever is higher.". (i)in sub section (1), for the words and figure "notified under section 4"; the words, figures and brackets "notified under sub-section (1) of section 4" shall be substituted; (ii)in the first proviso to sub-section (1), the words "as the case may be" shall be inserted at the end. (i)in sub-section (1), in clause (b), the words "and for women", shall be omitted; (ii)in sub-section (2), in clause (c), the words "and for women", shall be omitted; (iii)after sub-section (2) the following sub-section shall be inserted, namely:- "(2A) The Director of Elections shall after the publication of an order under clause (c) of sub-section (2) and after finalizing the electoral rolls of all divisions in a district council,- (a)determine the division or divisions to be reserved for women under section 6 and publish his proposals regarding the reservation of those seats in the Gazette together with a notice specifying the date on or after which the said proposals will be further considered by him and inviting objections and suggestions with respect to the proposals before a date specified in the notice; (b)consider all objections and suggestions which may have been received by him before the date specified; and (c)make an order specifying therein the seats reserved for women under section 6.". (i)for the opening sentence, the following sentence shall be substituted, namely:- "A person shall not be qualified to be elected or nominated as a member of the district council unless he,--"; (ii)in clause (a), for the words "any division in the district and", the words "any division in the district and in case of election," shall be substituted. (a)in sub-section (2),- (i)for the opening sentence, the following sentence shall be substituted, namely:- "A person shall be disqualified for election or nomination as a member if at the date of election or nomination, he""; (ii)in clause (c), for the words "five years", the words "six years" shall be substituted; (iii)after clause (e), the following clause shall be inserted, namely:- "(ee) is disqualified under section 12; or"; (iv)after clause (h) the following shall be inserted, namely:- "(hh) is in arrears of any amount due by him to the district council in respect of which a bill or a notice has been duly served upon him, and the time, if any, specified therein to clear the arrears has expired; or"; (b) after sub-section (4), the following sub-section shall be inserted namely:- "(5) No person shall be entitled to stand for election for more than one seat in the district council.". (i) for sub-section (1), the following sub-section shall be substitute, namely:- "(1) The term of office of members of the district council shall, save as otherwise expressly provided in this Act, be as follows, namely:- (a)in the case of an elected member five years from the date of constitution or re-constitution of that district council; (b)in the case of an ex-officio member for such period until he ceases to hold the office by virtue of which he has become an ex-officio member; and (c)in the case of a nominated member for such period during which the person by whom he was nominated holds the office by virtue of which the nomination was made or on the expiry of the term of the district council in which he was nominated whichever is earlier: Provided that the person by whom a member was nominated may, at any time by letter in writing, addressed to the district council, withdraw the member nominated by him and nominate another person in his place in that district council.". (ii) in sub-section (3), for the word "members", the words "elected members" shall be substituted; (iii) for sub-section (4), the following sub-section shall be substituted, namely:- "(4) A casual vacancy in the office of an elected member shall be filled at a bye-election which shall be fixed by the Director of Elections in consultation with the Government"; (iv) sub-section (7) shall be omitted. (i)for the opening paragraph the following paragraph shall be substituted, namely:- "Subject to the provisions of sections 21 to section 21H a member other than an ex-officio member shall cease to hold office as such if he,--"; (ii)in clause (d), the words "relating to local Governments", shall be omitted. (iii)after clause (f), the following clause shall be inserted, namely:- "(ff) is in arrears of any pecuniary nature due by him to the district council in respect of which a bill or a notice has been duly served upon him and the time, if any, specified therein to clear the arrears has expired; or"; "21. Election petitions ."No election to fill a seat or seats in a district council shall be called in question except by an election petition presented in accordance with the provisions contained in sections 21A to 21G. 21A. District Court to try election petitions ."Every election petition shall be tried by the District Court having jurisdiction over the area in which the office of the district council concerned is situated 21B. Presentation of petitions."(1) An election petition calling in question any election may be presented on one or more of the grounds specified in section 21C by any candidate at such election or any elector within forty-five days from, but not earlier than, the date of election of the returned candidate, or if there are more than one returned candidate at the election and the dates of their election are different, the later of those two dates. Explanation ."In this sub-section,- (i)˜elector' means a person who was entitled to vote at the election to which the election petition relates, whether he has voted at such election or not; (ii)˜returned candidate' means a candidate who has been declared as duly elected. (2) Every election petition shall be accompanied by as many copies there of as there are respondents mentioned in the petition and every such copy shall be attested by the petitioner under his own signature to be a true copy of the petition. (3) At the time of presenting an election petition, the petitioner shall deposit in the Court a sum of one thousand rupees as security for the costs of the petition. 21C. Grounds for declaring election to be void.-(1) Subject to the provisions of sub-section (2), if the District Court is of opinion,-- (a)that on the date of his election, a returned candidate was not qualified, or was disqualified, to be chosen as a member under this Act; or (b)that any corrupt practice has been committed by a returned candidate or his agent or by any other person with the consent of a returned candidate or his agent; or (c)that any nomination paper had been improperly rejected; or (d)that the result of the election, in so far as it concerns a returned candidate, has been materially affected,-- (i)by the improper acceptance of any nomination; or (ii)by any corrupt practice committed in the interest of the returned candidate by an agent; or (iii)by the improper reception, refusal or rejection of any vote or reception of any vote which is void; or (iv)by any non compliance with the provisions of this Act or any rules or orders made thereunder, the District Court shall declare the election of the returned candidate to be void. (2) If in the opinion of the District Court, any agent of a returned candidate has been guilty of any corrupt practice, but the District Court is satisfied,-- (a)that no such corrupt practice was committed at the election by the candidate and every such corrupt practice was committed contrary to the orders and without the consent of the candidate; (b)that the candidate took all reasonable measures for preventing the commission of corrupt practices at the election; and (c)that in all other respects the election was free from any corrupt practice on the part of the candidate or any of his agent, (d)then the District Court may decide that the election of the returned candidate is not void. 21D. Application of certain provisions of the Representation of the People Act, 1951 (Central Act 43 of 1951) to election petitions under this Act.-The provisions of sections 82, 83,84,87,94,96,98,99,101,102,109,110, 112,116 and 123 of the Representation of the People Act, 1951. (Central Act 43 of 1951), shall apply mutatis mutandis in respect of election petitions under this Act. 21E. Communication of orders of the District Court.-The District Court shall, as soon as may be after the conclusion of the trial of an election petition, intimate the substance of the decision to the Director of Elections and the Government and, as soon as may be thereafter, shall send to them authenticated copies of the decision for appropriate action. 21.F. Effect of orders of the District Court."(1) Every Order of the District Court shall take effect as soon as it is pronounced by it. (2) Where, by an order, the election of a returned candidate is declared to be void, acts and proceedings in which that returned candidate has, before the date thereof, participated as a member of the district council shall not be invalidated by reason of that order, nor shall such candidate be subjected to any liability or penalty on the ground of such participation. 21.G. Appeal.-Any person aggrieved by the final order of the District Court on an election petition may, within thirty days from the date of such order, prefer an appeal to the High Court. (2)Every appeal preferred under sub-section (1) shall be disposed of in accordance with the procedure applicable under the Code of Civil Procedure, 1908 (Central Act 5 of 1908), when trying a suit. 21. H. Determination of subsequent disqualification of a member." (1)Whenever a question arises as to whether a member has become disqualified under section 12 or section 19 after having been elected as a member, such member or any other member or any other person entitled to vote at the election in which the member was elected, whether such person has voted at such election or not, may file a petition before the District Court having jurisdiction over the area in which the office of the district council is situated, for decision. (2)The District Court, after making such enquiry as it considers necessary, shall decide whether or not such member has become disqualified and the decision shall be final, however that pending such decision, the member shall be entitled to act as if he were not disqualified. (3)Every petition referred to under sub-section (1) shall be disposed of in accordance with the procedure applicable under the Code of Civil Procedure, 1908 (Central Act 5 of 1908), when trying a suit." (i)in sub-section (1), for the words "make and subscribe before an officer not below the rank of a Deputy Secretary to the Government nominated by the Government in this behalf" the words "make and subscribe before the Collector" shall be substituted; (ii)in sub-section (2), for the words "Every other member" the words "Every other member, other than an ex-officio member" shall be substituted. (iii)in sub-section (3) for the words "No member who has not taken an oath" the words "No member other than an ex-officio member who has not taken an oath" shall be substituted. (i)in sub section (1) for the word "members", the words "members, other than nominated members" shall be substituted; (ii)to sub-section (1), the following provisos shall be added, namely:- "Provided that ex-officio and nominated members shall not be eligible to be elected as, or to hold the office of, President or Vice President of a district council: Provided further that where the President or Vice President of a Panchayat or the Chairman or Vice-Chairman of a Municipality or the Mayor or Deputy Mayor of a Municipal Corporation or a Member of Parliament or a Member of the Legislative Assembly is elected as President or Vice President of the district council he shall cease to hold such office of President or Vice President unless within fifteen days from the date of election as such he vacates the office of the President or the Vice President of a Panchayat or a Chairman or Vice Chairman of a Municipality or the Mayor or Deputy Mayor of a Municipal Corporation or as Member of Parliament or as Member of the Legislative Assembly, as the case may be, by resignation or otherwise: Provided also that where the President or the Vice-President of a District Council is elected as the President or the Vice-President of a Panchayat or the Chairman or the Vice-Chairman of a Municipality or the Mayor or the Deputy Mayor of a Municipal Corporation or a Member of Parliament or a Member of the Legislative Assembly of the State he shall cease to hold the Office of President or Vice President, as the case may be, of the District Council immediately on his entering upon office of Member of Parliament or of Member of the Legislative Assembly of the State, and in other cases on the expiry of fifteen days from the date of election unless within that time he vacates the office to which he is elected, by resignation. "(1A) Nothing contained, in sub-section (1) shall prevent a Minister or the Leader of the Opposition, who has nominated a person or persons under sub-section (5) of section 4 to represent him in a district council or district councils, from voting or from taking part in the proceedings for election of the President and Vice President of that district council or district councils."; (iv)for sub-section (2), the following sub-section shall be substituted, namely:- "(2) The Collector shall be the Returning Officer for the election of the President and the Vice-President of a district council."; (v)after sub-section (6), the following sub-sections shall be inserted, namely:- "(7) Where a dispute arises as to the validity of an election as President or Vice-President, any member, other than a nominated member, may file a petition before the District Court having jurisdiction over the area in which the office of the district council is situated, for decision and such decision shall be final. (8) Every petition referred to in sub-section (7) shall be disposed of in accordance with the procedure applicable under the Code of Civil Procedure, 1908 (Central Act 5 of 1908), when trying a suit.". (i) in sub-section (1),- (a)in clause (a) the words "revenue, maintenance of revenue records, weights and measures", shall be omitted; (b)in clause (c), for the words "community development", the words "rural development" shall be substituted; (c)in clause (d), for the words "harijan welfare", the words "development of the Scheduled Castes and Scheduled Tribes" shall be substituted; (d)in clause (e) the words "public health engineering" shall be omitted; (ii) in sub-section (2), for the words "elected by the members", the words "elected by the members, other than nominated members" shall be substituted; (iii) in sub-section (4), for the word "members", the words "members, other than nominated members" shall be substituted; (iv) to sub-section (4), the following provisos shall be added namely:- "Provided that ex-officio and nominated members shall not be eligible to be elected as, or to hold the office of Chairman of a Standing Committee: Provided further that where the President or Vice-President of a Panchayat or a Chairman or a Vice Chairman of a Municipality or the Mayor or Deputy Mayor of a Municipal Corporation or a Member of Parliament or a Member of the Legislative Assembly is elected as Chairman of a Standing Committee of the district council he shall cease to hold office of the Chairman of the Standing Committee unless within fifteen days from the date of election as such, he vacates the office of the President or Vice-President of a Panchayat or the Chairman or Vice Chairman of a Municipality or the Mayor or Deputy Mayor of a Municipal Corporation or as a Member of Parliament or as a Member of Legislative Assembly as the case may be, by resignation or otherwise: Provided also that where a Chairman of the Standing Committee is elected as the President or the Vice President of a Panchayat or the Chairman or the Vice Chairman of a Municipality or the Mayor or the Deputy Mayor of a Municipal Corporation or a Member of Parliament or a Member of the Legislative Assembly of the State he shall cease to hold the office of Chairman of the Standing Committee immediately on his entering upon the office of Member of Parliament or of the Legislative Assembly of the State and in other cases on the expiry of fifteen days from the date of election unless within that time he vacates the office to which he is elected, by resignation. (v) after sub-section (4) the following sub-section shall be inserted, namely:- "(4A) Nothing contained in sub-section (4) shall prevent a Minister, or the Leader of the Opposition who has nominated a person or persons under sub-section (5) of section 4 to represent him in a district council or district councils, from voting or from taking part in the proceedings for election of the Chairman of a Standing Committee of that district council or district councils." "(2) The President shall be entitled, without payment of rent, to the use of a furnished residence, at the headquarters of the district council throughout his term of office and for a period of fifteen days immediately thereafter and no charge shall fall upon him personally in respect of the maintenance of the residence; or in lieu of the use of such furnished residence and its maintenance to such house rent allowance as may be prescribed. (3)The district council shall provide suitable conveyance, for the use of the President throughout his term of office and for a period of fifteen days immediately thereafter subject to such bye-laws as regards its maintenance and repairs as may be made by the district council." "(1) Subject to such terms and conditions as may be prescribed, the Government may lend the services of such of their officers and servants to a district council as may be necessary for the functioning of that district council. (2)The officers and servants referred to in sub-section (1) shall continue to be Government servants for all purposes and their terms and conditions of service shall continue to be the same as applicable to them under the Government, their transfer and postings shall be made by the Government, their salary, allowances and other benefits shall be met from the Consolidated Fund of the State and notwithstanding anything contained in the Kerala Civil Services (Classification, Control and appeal) Rules, 1960, the Government shall have the powers of Appointing Authority for the purpose of placing them under suspension and of the Disciplinary Authority for the purpose of taking disciplinary proceedings against them. (3)For the removal of doubt, it is hereby, clarified that the authority competent to impose penalties under the Rules referred to in sub-section (2) on an officer or servant in Government Service shall be competent to impose such penalties on him in respect of his work and conduct while in the service of a district council irrespective of the fact of lending his service to the district council: Provided that such authority shall inform the district council of the action taken by him against an employee under the service of that district council.; (i) in sub section (2), for the words "such number of members" the words "such number of members, other than nominated members," shall be substituted; (iA) After sub-section (5) the following sub-section shall be inserted, namely:- "(5A) Notwithstanding anything contained in sub-section (5), if the majority of the members present at any meeting held under this section are of opinion that a person elected from among them shall preside over such meeting instead of the order of preference mentioned in the said sub-section, they shall elect a member from among themselves to preside over the meeting: Provided that such election shall be conducted in the same meeting before considering the motion: Provided further that no notice shall be necessary for the conduct of such election.". (ii) in sub-section (12), for the word "members" the words "members, other than nominated members," shall be substituted; (iii) after sub-section (12), the following sub-section shall be inserted, namely:- "(12A) Nothing contained in sub-section (12) shall prevent a Minister, or the Leader of the Opposition, who has nominated a person or persons under sub-section (5) of section 4 to represent him in a district council or district councils from voting or from participating the meeting to consider a motion of no confidence in the President or Vice President or the Chairman of a Standing Committee, as the case may be, of that district council or district councils.". (i)after sub-section (1), the following sub-section shall be inserted, namely,-- "(1A) The Government may, if they consider it necessary so to do, by notification in the Gazette, amend or modify any entry in or add any entry to the First Schedule."; (ii)in sub-section (3) for the words "The Government shall as soon as may be, after the commencement of this Act. transfer to the district councils all institutions", the words "The Government may transfer to the district councils all or any of the institutions" shall substituted. "48. Supervisory powers of the President."The President shall have supervisory control over the officers of the Government appointed under section 32 and the officers and servants whose services have been lent to the district council under section 36." 24.Amendment of section 51."In sub-section (1) of section 51 of the principal Act for the words "Government shall, within six months from the date of the first constitution of the district councils and thereafter at the expiration of every five years or at such other times as the Government may consider necessary the words "The Government may at such times as they may consider necessary in this behalf" shall be substituted. 25.Amendment of section 54.-(a) Section 54 of the principal Act shall be numbered as sub-section (1) thereof and to sub-section (1) as so renumbered, the following proviso shall be added, namely:-- "Provided that the fees from the beneficiaries of the institutions transferred under sub-section (3) of section 44 shall be collected by the district council and remitted to the Government account concerned for a period of two years or for such further period as may be extended by Government.". (b) after sub-section (1), as no renumbered the following sub-section shall be inserted, namely:- (2)The district council may collect such fees as may be prescribed for issuing copies of any minutes, documents or other records to the public.". "(3) The amounts at the credit of the District Council Fund referred to in sub-section (1) and of other funds referred to in sub-section (2) shall be kept in the account "8448-Deposits of Local Funds" in the District Treasury concerned or in such other account as may be notified by the Government in this behalf.". (i)for sub-section (1), the following sub-section shall be substituted, namely:- "(1) The Secretary shall in each year prepare and place before the Finance Standing Committee a budget showing the probable receipts and expenditure during the following year with in such period, as may be fixed, and in such form and manner as may be determined, by the Government, from time to time, in this behalf."; (ii) in sub-section (2), for the words "in the first week of March", the words "within such period as may be fixed by the Government, from time to time, in this behalf" shall be substituted: (iii)in sub-section (4),-- (a)for the words "before the beginning of the financial year to which it relates", the words "before such period as the Government may fix, from time to time, in this behalf" shall be substituted; (b)the words "and to the Examiner of Local Fund Accounts", shall be omitted; (iv)after sub-section (4), the following sub-section shall be inserted, namely:- "(4A) The period for the purposes of sub-section (1) sub-section (2) and sub-section (4) shall be so fixed by the Government to enable them to consider the budget estimates of the district councils while preparing the budget proposals of the State."; (v)in sub-section (5), the words "and to the Examiner of Local Fund Accounts", shall be omitted. "60. Accounts of the district council."(1) the district council shall keep such accounts and submit such statements to the Government as may be prescribed. (2)Accounts of receipts and expenditure of every district council shall be maintained for every financial year in such form as may be prescribed. (3)An abstract of every annual account of a district council showing its income under each head of receipt, the charges for the establishment, work undertaken, the sum expended on each work, the balance, if any, remaining unexpended and such other information as may be required by rules shall be prepared by the district council in such form as may be prescribed and submitted to the Government not later than the fifteenth day of the second month of the next financial year. 60A. Audit of accounts."(1) The accounts of the district council shall, from time to time, and at least once in every year, be audited by the Accountant General, Kerala (hereinafter referred to as the "auditor") in such manner as he may prescribe. (2).The auditor shall, for the purpose of audit, have access to all the accounts and other records of the district council. 60B. Powers of auditor."(1) The auditor may,-- (a)require in writing the production before him of such vouchers statements, returns, correspondence, notes or other documents which he may consider necessary for the proper conduct of his audit; (b)require in writing any person accountable or having the custody or control of any such vouchers, statements, returns, correspondence, notes or documents or any person having directly or indirectly by himself or his partner any share or interest in any contract with or under the district council to meet him at the office of the district council; (c)require such person to make and sign a declaration with respect to such vouchers, statements, returns, correspondence, notes or documents or to answer any question or prepare and furnish any statement; (d) in the event of an explanation being required from any office bearers of the district council or other officer or member of the district council in writing invite such person to meet him and shall in writing specify, the point on which his explanation is required. (2)Any person who willfully neglects or refuses to comply with any requisition lawfully made under sub-section (1) shall, on conviction, be punished with fine which may extend to one thousand rupees: Provided that no proceedings under this sub-section shall be instituted without the sanction of the Government. 60C. Duties of auditor."(1) The auditor shall, as soon as after completion of the audit for a year or for any shorter period or for any transaction or series of transactions, send a report to the district council and duplicate copies thereof to the Government (2)The auditor shall specify in the report under sub-section (1) all cases of irregular, illegal or improper expenditure or of failure to recover moneys or other property due to the district council or any loss or waste of money or other property thereof caused by neglect or misconduct of the officers and authorities of the district council. (3)The district council shall forthwith remedy any defect or irregularity pointed out by the auditor and report the action taken to the auditor and the Government. 60D. Power of surcharge etc."(1) Where; during the course of an audit the auditor has reason to believe that any expenditure incurred is contrary to law or deficiency of any amount or loss or unprofitable outlay occasioned is due to the negligence or misconduct of any person or any sum which ought to have been brought into account has not been brought into account by any person, the auditor may prepare a report specifying the amount under each item and the person responsible therefore and send, the same to an officer authorized by the Government in this behalf (hereinafter in this section referred to as the "authorized officer"), with his recommendation to disallow the expenditure incurred contrary to law and to surcharge or charge, as the case may be, of that person together with a certificate of the amount due from such person: Provided that no recommendation under this sub-section shall be made after the expiry of a period of four years from the date on which the expenditure in question was incurred. Explanatio n."It shall not be open to any person whose negligence or misconduct has caused or contributed to any such deficiency or loss, to content that notwithstanding his negligence or misconduct, the deficiency or loss would not have occurred, but for the negligence or misconduct of some other person. (2)The authorized officer shall, after giving a reasonable opportunity to the person concerned to explain his case, disallow every item of expenditure incurred contrary to law and surcharge the same on the person incurring, or authorizing the incurring of, such expenditure and may charge against any person responsible therefore the amount of any deficiency, loss or unprofitable outlay occasioned by the negligence or misconduct of that person or of any sum which ought to have been but is not brought into account of that person. (3)The authorized officer shall state in writing, the reasons for his decision in respect of every disallowance, surcharge or charge and a copy of such decision shall be served on the person against whom it is made in the manner laid down for the service of summons in the Code of Civil Procedure 1908 (Central Act 5 of 1908). (4)Any person aggrieved by any disallowance, surcharge or charge may within fourteen days after the date of service on him of the decision of the auditor, either" (a)make an application to the District Court to set aside such disallowance, surcharge or charge and the court, after taking such evidence as is necessary, may confirm modify or remit such disallowance, surcharge or charge with such orders as to costs as it may think proper in the circumstances; or (b)in lie of such application, may appeal to the Government who shall pass such orders as they think fit. (5)Where an application is made to the court under clause (a) of sub-section (4) the authorized officer shall be the sole respondent thereto and the applicant shall not make the auditor or any other person a party to the proceedings. (6)Where an appeal under clause (b) of sub-section (4) is made to the Government by any of their officers or servants whose services have been lent to the district council, the Government shall in dealing with the same follow the procedure for an appeal preferred against an order of penalty of recovery from pay. (7)From the decision of the District Court under clause (a) of sub-section (4), an appeal shall lie to the High Court. (8)Every sum certified by the auditor to be due from a person under this Act shall be paid by such person to the Secretary within thirty days after the date of service on him of the decision of the authorized officer unless within that time such person has made an application to the court or an appeal to the Government, against the decision; and such sum, if not so paid, or such sum as the court or the Government declares or declare to be due shall be recoverable as if it were an arrear of land revenue.". 60E. Laying of audit report.-The district council shall, within such time as may be specified by the Government in this behalf, furnish to the Government a copy of the audited statement of accounts together with a report and the Government shall, as soon as may be after it is received, cause the same to be laid before the Legislative Assembly." "63.Power of Government to issue direction regarding certain matters.-Notwithstanding anything contained in this Act, it shall be lawful for the Government to issue directions to the district councils in matters relating to State and National policies or on matters relating to the performance of functions, exercise of powers and discharge of duties by a district council or on such other matters as the Government may consider it necessary so to do in furtherance of the object of the Act and the district councils shall be bound to comply with such directions." (i). for the words "any area comprising more than one district", the words "any area comprising one or more districts" shall be substituted; (ii). for the words "any economic or welfare activity", the words "any economic, welfare or any other activity" shall be substituted. "(2A). The Government shall, as soon as may be after the receipt of the administration report, cause the same to be laid before the Legislative Assembly.". (i). sub-heading "I Administration of Land Revenue" and the entries thereunder shall be omitted; (ii). for the sub-heading "XVI. HARIJAN WELFARE", the sub heading "XVI. Scheduled Castes and Scheduled Tribes Welfare and Development" shall be substituted; (iii). for the sub-heading "XVII. COMMUNITY DEVELOPMENT" the sub-heading "XVII. RURAL DEVELOPMENT" shall be substituted; (2) the Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth, Fifteenth, Sixteenth, Seventeenth, Eighteenth, Nineteenth, Twentieth, Twenty-First, Twenty-Second, Twenty-Third, Thirty-First, Thirty-Second Thirty-Third and Thirty-Fourth Schedules to the principal Act shall be omitted. (3). On the omission of the Schedules by sub-section (2), the amendments made by those Schedules to the enactments mentioned therein shall cease to have effect and the said enactments as they stood prior to the 1 st day of April, 1991 shall with effect from that date be deemed to have been in force as if the amendments by the said Schedules had never been made. 36.Special provision to validate certain Act etc.-Anything done or any action taken or any rules made or any notification or order issued by any officer or authority competent to do or take such action or to make such rules or to issue such notification or order under the Kerala Panchayat Act, 1960 (32 of 1960), as amended by the Fourth Schedule to the Kerala District Administration Act, 1979 (7 of 1980), during the period between the 1 st day of April, 1991 and the date of publication of this Act in the Gazette shall notwithstanding anything contrary contained in this Act, be deemed to have been done, taken, made or issued, as the case may be, by such officer or authority as if this Act has not been enacted and no such action taken, rules made, notification or order issued shall be invalidated merely by reason that the officer or authority had no power thereof or that it is not in compliance with the provisions of the Kerala Panchayats Act, 1960. (2). Notwithstanding such repeal, 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 section 3 of the said Ordinance, shall be deemed to have been done or taken under the principal Act, as amended by this Act. |
| Kerala State Acts |