Panchayat:Repo18/Law Manual Page0227

S. 178 - There is no doubt that establishment of parking, space for Taxis is a public purpose and it is, the duty of the Panchayat to provide such space. But, S. 178 did not oblige the Government in all such cases and government should acquire the land as proposed by the Panchayat. It only enables the panchayat to make a request to the Government to acquire a particular land for public purpose. But, Government is the ultimate authority to decide whether it should take proceedings for acquisition of land or not and whether all such, requests of local authority shall be accepted or not. Government has got power to reject such requests for valid reasons. - Shahul Hamed v. State of Kerala - 2005 (4) KLT SN 48.

S.65 [corresponding to S.178 of the Panchayat Raj Act, 1994], 'Free surrender' mentioned in proviso to S.65 can only be a gift in favour of the Panchayat -Does not exempt Panchayat from the provision of the T.P. Act and Registration Act - There is no provision in the Act exempting the Panchayat from the provisions of the Transfer of Property Act or Registration Act. If so, registration is also a necessary formality. "Free surrender", mentioned in the proviso to S.65, could only be a gift in favour of the Panchayat and it cannot be a new innovation, for which no other provision is made. The transfer in this case could be accepted as a gift capable of divesting and investing title only if the legal requirements for that purpose are satisfied. In this case, there is not even the evidence that there was a valid gift under the provisions of the Act and Rules. Appellant says that he only gave possession subject to certain conditions on the acceptance of which a deed has to be executed and registered, but these conditions are not fulfilled and hence he withdrew. Even if his case is not accepted, there is no evidence of any valid transfer by gift. There is no "free surrender” outside what is provided in the Act and Rules. In order to have a free surrender of gift of immovable property in favour of the Panchayat capable of making it the owner, there should be a document as provided in the Act and the Rules and there should also be compliance of the provisions of the Transfer of Property Act and Registration Act. Appellant was admittedly the owner and he did not divest himself of his title. He is entitled to recover possession on the strength of his title. - John v. Thaikkad Panchayat – 1990 (2) KLT 721 : 1990 (2) KLJ 769.

5.65 [corresponding to S. 178 of the Panchayat Raj Act, 1994)- Acquisition of land by Panchayat - Can be acquired for functions under S.57(2) also - Is not restricted to duties under S.57(1) - The word 'imposed' in S.65 of the Act has to be read along with the words 'discharge of the functions' used in the same section having regard to the fact that the word 'functions' is used in the heading of Chapter III and also in S.57(2) of the Act. The Legislature intended to give the same meaning to the said word in S.57 as well as in S.65 of the Act. The duties mentioned in S.57(1) may have priority over the various functions mentioned in sub-s.(2) of S.57. In so long as the activities of the Panchayat are functions falling within the S.57(2), it cannot be said that they are not functions 'imposed on the Panchayat by the Act. The word 'imposed' cannot be strictly construed as being restricted to mandatory duties mentioned in sub-s.(1) of S.57. Further the provisions of the Land Acquisition Act enable the Government to acquire land for the use of Panchayat provided the purpose is a public purpose. It will be noticed that the various functions mentioned in S.57(2) are public purposes. - Kochuvarkey v. State of Kerala - 1991 (2) KLT 675 :1991(2) KLJ 771.

Ss.65, 57(1) & 57(2) (corresponding to S.178 of the Panchayat Raj Act, 1994), Emergency provisions of S.19 (4) of the Land Acquisition Act, cannot be invoked for purposes mentioned in S.57(2) – Purposes mentioned in S.57(2) will not justify a request for invoking S.19 (4) of the Act. - Dr. Noor Mohammed v. Dist. Collector – 1981 KLT 816.


CHAPTER XVI
OFFICERS AND EMPLOYEES OF PANCHAYATS

179. Appointment of Secretaries.- (1) For every Panchayat there shall be appointed a @[xx] Secretary, who shall be a Government servant.

(2) The Panchayat shall pay the Secretary such salary and allowances as may, from time to time, be fixed by the Government and shall also make such contributions towards his leave allowance, pension and provident fund as may be required by the condition of his service under the Government to be made by him or on his behalf.