Panchayat:Repo18/Law Manual Page0578
explanatory note makes it clear that the Rules are intended for prescribing the manner of publishing of any notification of notice for the information of the public. (Para 2)- Mulamthuruthy Grama Panchayat v. Ombudsman for Local Self Government Institutions, Thiruvananthapuram and Another - 2009 (4) KHC 531. [Thomas Paul v. State of Kerala, ILR 2006 (4) Ker 690 : 2006 KHC 1638: 2006 (3) KLJ 777 : 2007 (1) KLT 267 - Overruled). As already noticed, the manner in which publication of notification or notice is provided in Kerala Panchayat Raj (Manner of Publication of Notification or Notice) Rules, 1996 noticed above and the proviso to R.3 confers power on the Government to direct that any notification shall, instead of being published in the Gazette, be published in any other manner specified by them. Such specification of another manner of publication of notification is available in R.4 of the D&O Rules, which provides notification, affixture of notices, advertisements by pamphlets and loudspeakers. Once there is such a prescription and that is complied with, it is not necessary that the Panchayat should publish notification in the gazette to implement the D and O Rules. If that be the position, the argument of the learned counsel for the petitioner that in the absence of a notification in the Government Gazette, they have no obligation to obtain D and O licence is only to be rejected. — Shanoj T.K. and Another v. Wandoor Grama Panchayat and Others – 2008 (3) KHC 524. Panchayat Raj (Manner of Publication of Notification and Notice Rules, 1996 (Kerala), R.3 - Applicability - The prohibition contained in S.220(b) is applicable only to properties abutting National Highways, State Highways and District Roads and other roads notified by the panchayat. A road can be notified as a panchayat road only in the manner provided in the Kerala Panchayat Raj (Manner of Publication of Notification or Notice) Rules, 1996, R.3. In the absence of such a notification Panchayat cannot insist for compliance with S.220(b) for a construction made abutting a road within the Panchayat. – Thomas Paul and Another v. State of Kerala and Others — 2006 KHC 1638 : ILR 2006 (4) Ker. 690.
4. Publication of notices, orders etc. -
Every order, notice, advertisement or other document required by the Act or rules made thereunder to be published by the Panchayat shall unless a different method has been prescribed by the Act and rules made thereunder, be written in or translated into the language of the locality and kept in the Panchayat Office and a copy of the same be affixed,, (a) in the case of a Village Panchayat, in the office of the Village Panchayat, Panchayat notice boards and Village Offices in that Village Panchayat area;
(b) in the case of Block Panchayat, in the Block Panchayat office and in the Village Panchayat offices of that Block Panchayat area; and
(c) in the case of District Panchayat, in the District Panchayat office, Block Panchayat offices and Village Panchayat offices of that District Panchayat area;
in a conspicuous place and the fact of such affixture and the availability of its original for verification be propagated in the local language through printed notice or loud-speaker and in the case of a District Panchayat, by publishing it in a newspaper which has vide circulation in that Panchayat area.
5. Notice regarding prohibition in or reservation of places.-
The Secretary shall, whenever the Panchayat reserves any area for any purpose empowered by the Act or the rules made thereunder, or prohibits the carrying on of any act in any area, immediately affix in that place or its neighbourhood a notice in English and the important language of that locality, specifying therein the purpose for which such area has been reserved or the acts prohibited and shall propagate the fact of such affixture through loud-speaker or printed notice.
(This does not form part of the Notification, but is intended to indicate its general purpose.) As per Clause (xxxiii) of sub-section (2) of Section 254 of the Kerala Panchayat Raj Act, 1994 (13 of 1994), the Government may make rules on the manner of publishing of any Notification or notice for the information of the public. Government have decided to make rules for these purpose. Hence this Notification.