Panchayat:Repo18/Law Manual Page0073

THE KERALA PANCHAYAT RAJ ACT, 1994*

(Act 13 of 1994 as amended by Act 7 of 1995, 7 of 1996, 8 of 1998, RAM 11 of 1999, 13 of 1999, 13 of 2000, 12 of 2001, 9 of 2003, 3 of 2005, 5 of 2005, 30 of 2005, 31 of 2005, 32 of 2005, 11 of 2007, 31 of 2009, B 5 of 2013, 23 of 2013 & Act 34 of 2014) An Act to replace the present enactment relating to Panchayats and district councils by a comprehensive enactment.

Preamble.

- Whereas it is expedient to replace the present enactments relating to Panchayats and district councils by a comprehensive enactment to establish a three-tier Panchayat Raj System in the State in line with the Constitution (Seventy-third Amendment) Act, 1992, for securing a greater measure of participation of the people in planned development and in local governmental affairs, by constituting village, block and district Panchayats And endow such Panchayats with such powers and authority to enable them to function as institutions of self-government; And entrusting such Panchayats the preparation of plans and implementation of schemes for economic development and social justice including the implementation of schemes in relation to the matters listed in the Eleventh Schedule to the Constitution; Be it enacted in the Forty-fifth Year of the Republic of India as follows:

NOTES

The preamble and the provisions of a statute no doubt assist the Court in finding out its objects and policy but its obiect and policy need not always be strictly conf contained therein: - Punjab Tin Supply Co.v. Central Government - (1984) 1 SCC 206 : AIR 1984 SC 87. The objects and reasons of the Act should be taken into consideration in interpreting the provisions of the statute in case of doubt. Doyapack Systems (P) Ltd. v. Union of India - (1988) 2 SCC 299 : AIR 1988 SC 782. If the language of a provision is not clear, words have to be construed in the light of the legislative scheme, the object and purpose of enacting the provision and the ultimate effect of adopting one or the other construction. Regional P.F. Commr.v. Hariharan T.S. – (1971) 2 SCC 68 : AIR 1971 SC 1519.

STATEMENT OF OBJECTS AND REASONS

    • The Statement of Objects and Reasons accompanying the Kerala Panchayat Raj Bill was as follows:

1. In order to enshrine in the Constitution certain basic and essential features of Panchayat Raj Institutions, to impart certainty, continuity and strength of them, the Parliament has added a new Part relating to Panchayats in the Constitution by the Constitution (Seventy-third Amendment) Act, 1992. 2. The new Part provides for the Constitution of Gramasabha in a village or group of villages; constitution of Panchayats at village, intermediate and District levels, direct elections to all seats in