Bare ActsKerala Panchayat Raj Act, 1994

Section 10

Division of Panchayats into constituencies

Amendment status not verified — confirm the current text below against the official source.

(1) 12B[The Government shall by notification in the Gazette, constitute a Delimitation Commission consisting of the State Election Commission as the Chairman and four Officers, not below the rank of Secretary to Government, as members. The said Delimitation Commission shall, as soon as may be after fixing the strength of a Panchayat at any level under section 6 and after determining the number of seats to be reserved for Scheduled Castes, Scheduled Tribes and for Women],- (a) divide every Panchayat into as many constituencies as there are seats and fix the boundaries of such constituencies: Provided that the population of each constituency shall, as far as practicable, be the same throughout the Panchayat area: Provided further that where the territorial area of a Block Panchayat is divided into constituencies, the boundaries of such constituencies shall not divide any constituency of any Village Panchayat and where the territorial area of a District Panchayat is divided into constituencies the boundaries of such constituencies shall not divide any constituency of any Village Panchayat or of any Block Panchayat, into more than one division. [x x x x] 13A[(1 A) The officers for the functioning of the Delimitation Commission, procedure for the conduct of meeting including quorum and other related matters shall be such, as may be prescribed. (1B) The State Election Commission or the officer authorised by it in this behalf shall, on determination by the Government of the number of seats to be reserved, earmarked and constituency or constituencies to be reserved for Scheduled castes, Scheduled Tribes or Women. (2) [The Delimitation Commission] shall,- (a) publish [the proposals of the Delimitation Commission] in respect of the matters mentioned in clause (a) of sub-section (1), with a notice specifying the date on or after which the proposals will be considered 15A[by it] and by inviting objections and suggestions with respect to the proposals before a date specified in the notice, by affixing copies thereof on the notice board of the office of the Panchayat concerned and in such conspicuous places within the Panchayat area concerned; (b) publish in the Gazette and in any two local news papers having wide circulation within the Panchayat area concerned the fact of publication under clause (a); (c) consider all objections and suggestions that may have been received by [the Delimitation Commission] before the date so specified; and [(d) delimit the constituencies. 17A[(2A) The officer authorised by the State Election Commission in this behalf shall determine, as to which constituency, the constituencies reserved for Scheduled Castes, Scheduled Tribes or Women shall be allotted according to rotation, by draw of lots at the time, date and place fixed by the Commission in this behalf, by notification. (2B) After the draw of lots under sub-section (2A), the State Election Commission or the officer authorised by it shall issue an order determining the constituency reserved for the Scheduled Caste, Scheduled Tribes or Women]. (3) An order made by the 17B[State Election Commission or the officer authorised by it] [or the Delimitation Commission] shall not be called in question in any Court of law. 18AA[(3A) Every order issued by the Delimitation Commission with regard to the delimitation of constituencies under this Section shall be published in the Gazette and shall have the force of law.] (4) 18A[The Delimitation Commission] shall furnish free of cost three copies each of the proposals published and the final orders issued under sub-section (2) to the committees at the Panchayat level concerned of all political parties having representation in the Legislative Assembly and copies of such orders shall also be made available for sale, at the price fixed by 18A[the Delimitation Commission], to all the public who require them. 18B[xxxx] Substituted for "As soon as may be, after fixing the* strength of a Panchayat at any levels under Section 6, and after determining the number of seats to be reserved for Scheduled Castes, Scheduled Tribes and for women, *[the State Election Commission] or an officer authorised by it in this behalf shall" by Act 3 of 2005. * Substituted by Act 13 of 1999, w.e.f. 24/03/1999. Clause (b) omitted by Act 3 of 2005, w.e.f. 10/01/2005. Sub-section (1) and (1A) inserted by Act 3 of 2005, w.e.f. 10/01/2005. Substituted for "The State Election Commission or the officer authorised by it" by Act 3 of 2005, w.e.f. 10/01/2005. Substituted for "the proposals *[of the State Election Commission or the Officer" by Act 3 of 2005. * Substituted for Act 13 of 1999, w.e.f. 24/03/1999. Substituted for "by it or by him" Act 3 of 2005, w.e.f. 10/01/2005. Substituted for "*[the State Election Commission or the officer authorised by it" Act 3 of 2005 * Substituted for the words "Government or the authorised officer" by Act 13 of 1999 Clause (d) substituted by clauses (d) (e) & (f) by Act 13 of 1999, w.e.f. 24/03/1999. Clauses (e) and (f) substituted by Act 3 of 2005, w.e.f. 10/01/2005. Substituted for the words "Government or the authorised officer under this section" by Act 13 of 1999 Sub-section 3A inserted by Act 34 of 2014 (w.e.f. 14/06/2010). Inserted by Act 3 of 2005, w.e.f. 10/01/2005. Substituted for "*The State Election Commission or the officer authorised by it" Act 3 or 2005, w.e.f. 10/01/2005. * Substituted for the words "Government or the officer authorised by them" by Act 13 of 2000. Section 10A omitted by Act 3 of 2005, w.e.f. 10/01/2005.

Section 10 – Kerala Panchayat Raj Act, 1994 | DailyLaw.ai