[Translation in English of the Kerala Panchayat Raj (Procedure to be adopted on Illegal Resolutions) Rules, 2003, published under the authority of the Governor.] S. R. O. No. 875/2003 In exercise of the powers conferred by clause (iii) of section 182 and section 191 of the Kerala Panchayat Raj Act, 1994 (13 of 1994) read with section 254 thereof, and in supersession of the Kerala Panchayat Raj (Procedure to be adopted on Illegal Resolutions) Rules, 1996 issued in Notification GO. (P)No.87/96/LS.G.D. dated 10th April, 1996 and published as S. R. O. No. 352/96 in the Kerala Gazette Extraordinary No. 545 dated 10th April, 1997, the Government of Kerala hereby make the following rules namely:-

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S.Rule 1 Short title and commencement

(1) These rules may be called the Kerala Panchayat Raj (Procedure to be adopted on Illegal Resolutions) Rules, 2003.

(2) They shall come into force at once.

S.Rule 2 Definitions

(1) In these rules, unless the context otherwise requires,--

(a) "Act" means the Kerala Panchayat Raj Act, 1994 (13 of 1994);

(b) "Section" means a section of the Act.

(2) 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.

S.Rule 3 Liability of the Secretary to assist the Panchayat in taking lawful decisions

(1) The Secretary shall be liable to give advice to the Panchayat for taking decisions in accordance with the provisions of the Act and that of the Rules made thereunder on every matter coming before the Panchayat for consideration.

(2) The Secretary shall, in advance examine whether a resolution intended to be passed by the Panchayat is against the provisions of the Act or of any other law or rules; or the lawful guidelines of the Government and whether its passing would be the violation or abuse of any of the powers vested in the Panchayat under the Act and whether the implementation of the same would endanger human life or health or public safety and shall record his opinion on such matters in the respective files, and shall, in writing, inform the President or the person presiding over the Panchayat meeting which considers the resolution as the case may be, and shall also explain his opinion in the meeting.

(3) Opinion stated by the Secretary in the meeting shall b

S.Rule 4 Procedure on illegal resolutions

(1) Where the Secretary is of the opinion that a resolution passed by the Panchayat has not been legally passed or passed in excess of the powers conferred by the Act, or that, if implemented, it may endanger human life or health or public safety, he shall, in writing, request the Panchayat to review the said decision and such request shall be included in the Agenda prepared under rule 5 of the Kerala Panchayat Raj (Procedure for Panchayat Meeting) Rules, 1995 as a subject for consideration in the next meeting of the Panchayat.

(2) A note containing the opinion of the Secretary under sub-rule (1) shall be given to the members before the meeting, and at the time of discussion of the subject in the meeting, the Secretary shall explain his opinion therein.

(3) After discussion of the subject, if the Panchayat resolves to uphold its earlier decision, the Secretary shall, within two days forward the Panchayat resolution and his opinion thereon by Registered post to the Gove