Panchayat:Repo18/Law Manual Page0222

NOTES

Ss.64 & 149 [Corresponding to S.171 & 229 of the Kerala Panchayat Raj Act, 1994]-Vesting of property is only for purpose of management and administration – Ambit of right of Panchavat to such properties - The content and amplitude of the term "vest" are to be gathered from the context and from the purpose of the enactment. S.64 of the Act, which provides for "vesting" of communal property in the Panchayat provides that the said vesting is 'to be administered by it, for the benefit of the villagers or holders aforesaid". The vesting of the property specified in S.64 of the Kerala Panchayats Act 32 of 1960 is not a "vesting" in absolute ownership, but only one for the purposes of management and administration. But even so, the Panchayat seems to have a limited right or property in these lands, to enable to efficiently carry on the management and administration entrusted to it by the statute. - Tholur Panchayat V. District Collector, Trichur - 1967 KLT 722.

172. Powers, duties and functions of Block Panchayats.-(1) 84x x] It shall be the duty of the Block Panchayat to meet the requirements of the Block Panchayat area in respect of the matters enumerated in the Fourth Schedule.

(2) Subject to the other provisions of this Act and the directions of the Government, the block Panchayat shall have exclusive power to administer the matters enumerated in the Fourth Schedule 85[and to prepare and implement the schemes on the subject specified therein for the economic development and Social justice).

(3) The Government and the District Panchayat shall, subject to availability of resources, provide necessary financial, technical and other assistance to the block Panchayats to enable them to discharge their functions.

(4) All grants-in-aid sanctioned by the Government in respect of the matters enumerated in the Fourth Schedule shall be distributed through the block Panchayat concerned.

(5) The Government shall, as soon as may be, after the commencement of this Act, transfer to the block Panchayats all the institutions, projects, buildings, and other properties and assets and liabilities connected with the matters referred to in the Fourth Schedule 86[and every institution so transferred shall be on the name of that Block Panchayat and shall be known accordingly.]

87[(6) The Block Panchayat shall administer the institutions and schemes transferred to it, subject to the guidelines and technical assistance of the Government and in accordance with the State and National Policies.

(7) The Block Panchayat shall have no power to sell, transfer, alienate or pledge the properties transferred to it.]

173. Powers, duties and functions of District Panchayats.- (1) 88[* x]. It shall be the duty of the District Panchayats.to meet the requirements of the District Panchayat area in respect of the matters enumerated in the Fifth Schedule.