Panchayat:Repo18/Law Manual Page0702

                            THE KERALA PANCHAYAT RAJ (CONDUCT OF CASES AND PAYMENT OF FEES TO
                                                                   LEGAL ADVISORS) RULES, 2003.


[Translation in English of the Kerala Panchayat Raj (Conduct of Cases and Payment of Fees to Legal Advisors) Rules, 2003, published under the authority of the Governor.]

=== S.R.O. No. 1023/2003 ===.- In exercise of the powers conferred by sub-section (1) of Section 254 of the Kerala Panchayat Raj Act, 1994 (13 of 1994), the Government of Kerala hereby make the following rules, namely:- Hey

                                                             RULES 

=== 1. Short title and commencement ===.-(1) These rules may be called the Kerala Panchayat Raj (Conduct of Cases and Payment of Fees to Legal Advisors) Rules, 2003.

(2) They shall come into force at once. === 2. Definitions ===.- In these rules, unless the context otherwise requires - (a) 'Act' means the Kerala Panchayat Raj Act, 1994 (13 of 1994); (b) 'Panchayat means a Village Panchayat or a Block Panchayat or a District Panchayat constituted under sub-section (1) of Section 4 of the Act; (c) Words and expressions used but not defined in these rules, but defined in the Act shall have the meanings respectively assigned to them in the Act. 3. Engaging Legal Advisors for the conduct of cases etc.—(1) The Panchayat may, for appearance on behalf of the Panchayat and for the conduct of a case in any Civil Court or a Criminal Court or before the Ombudsman or in the Tribunal for the Local Self Government Institutions or the High-Court wherein the Panchayat or representing the Panchayat, the President or the Secretary, is a party, engage an Advocate considered to be qualified for the purpose. € (2) The responsibility of conducting more than one case of a Panchayat may be entrusted with the same Advocate. (3) Where, in case, the Government or an Officer representing the Government is a party along with the Panchayat and where the interests of the Government and the Panchayat are the same, the Panchayat may, with the permission of Government, entrust the conduct of the case on behalf of the Panchayat with the same Advocate engaged for the Government. (4) The Advocate for the Government shall undertake the conduct of a case in which an Officer whose services have been lent to the Panchayat under Section 181 and who is under the control of the Panchayat is a party, as if it were for an Officer of the Government, unless any decision or orders or proceedings of the Panchayat has been an issue under dispute therein. (5) Where the Panchayat or the President or the Secretary considers that it is necessary to have the legal advice of an Advocate in any matter in respect of the administration of the Panchayat, legal advice may be sought from a qualified Advocate after having the records thereof examined by him. go 4. Appeal against judgments of lower Courts.- (1) In case a judgment not in favour of the Panchayat has been passed in a case filed by the Panchayat in a Civil Court, the Panchayat shall, before filing appeal in the higher Court, against the judgment, seek the legal advice of the