Section 2

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

In this Act, unless the context otherwise requires,-- (i) 'article' means an article of the Constitution of India; (ii) 'Block Panchayat' means a Block Panchayat constituted at intermediate level under clause (b) of sub-section (1) of Section 4; (iii) 'building' includes a house, out-house, stable, latrine, shed, hut and any other structure, whether of masonry, bricks, wood, mud, metal or any other material whatsoever; (iv) 'by-election' means an election other than general election; (v) 'candidate' means a person who has been or claims to have been duly nominated as a candidate at any election; (vi) 'causal vacancy' means a vacancy occurring otherwise than by efflux of time; [(via.) 'Committee' means a Standing Committee constituted under this Act or any other committee constituted by the Panchayat for any specific purpose.] (vii) 'constituency' means the territorial area (by whatever name called) for the purpose of election of a member to a Panchayat at any level; (viii) 'corrupt practice' means any of the practices specified in Section 120; (ix) 'cost' in relation to an election petition means all costs, charges and expenses of, or incidental to, the trial of, an election petition; (x) 'district' means a revenue district; (xi) 'district election officer' means an officer designated or nominated by the State Election Commission under sub-section (1) of Section 13; (xii) 'District Panchayat' means a District Panchayat constituted at the district level under clause (c) of sub-section (1) of Section 4; (xiii) 'District Panchayat area' means the rural areas within a district to be notified by the Government for the purpose of clause (c) of sub-section (1) of Section 4; (xiv) 'election' means an election to fill a seat in any of the constituencies in a Panchayat at any level; (xv) 'elector' in relation to a constituency (by whatever name called) means a person whose name is entered in the electoral roll of that constituency, for the time being in force, and who is not subject to any of the disqualifications mentioned in Section 17; (xvi) 'electoral right' means the right of a person to stand or not to stand as or to withdraw or not to withdraw from being, a candidate, or to vote at an election; 2A[(xvia) "empanelled licensee" means any institution, architect, engineer, building designer, supervisor or town planner, as the case may be, registered under the Regional Joint Director of Urban Affairs Department or deemed to be registered under the Kerala Panchayat Building Rules, 2019 and empanelled in such manner, as may be prescribed, by the Local Self Government Department for the purpose of issuing self-certification.] (xvii) 'general election' means the election held under this Act for the constitution or reconstitution of a Panchayat after the expiry of its term or otherwise; (xviii) 'Government' means the Government of Kerala; 1A[(xviiia) 'green building' means a building which is efficient in use of energy, water and other resources, promotes the use of renewable energy, reduces pollution, reduces waste generation, promotes waste segregation, reuse and recycle, optimizes energy efficiency, conserves natural resources, provides healthier spaces for occupants, provides good environmental quality, is considerate to the environment and quality of life of the occupants in respect of design, construction, operation, renovation and life cycle, promotes the use of non-toxic, ethical and sustainable materials adapts to a changing environment, built on a sustainable site, and designed or built to be climate resilient: Provided that the Government may from time to time declare such other eco-friendly buildings as green buildings. Explanation.-- A building of any occupancy may come under the definition of a green building.] (xix) 'house' means a building or hut used or fit to be used as a residence or otherwise, having separate principal entrance from the common way and includes any shop, workshop or warehouse or any building, used for parking vehicles or as a bus stand; (xx) 'hut' means any building which is constructed principally of wood, mud, leaves, grass or thatch and includes any temporary structure of whatever size or any small building of whatever materials made, which a Village Panchayat may declare to be a hut for the purpose of this Act; (xxi) 'intermediate level' means a level between the village and district levels specified by the Governor under clause (c) of Article 246; [(xxii) 'Local Authority' or 'Local Self-Government institution' means a Panchayat at any level constituted under Section 4 of this Act or a Municipality constituted under Section 4 of the Kerala Municipality Act, 1994 (20 of 1994.)]; 2B[(xxiia) "low risk buildings" include residential buildings under Group A1 occupancy, with built-up area of less than three hundred square meters and height less than seven meters and limited to two storeys, hostel, orphanage, dormitory, old age home, seminary under Group A2 occupancy having built-up area less than two hundred square meters, educational buildings under Group B occupancy having built-up area less than two hundred square meters, Group D occupancy buildings where persons congregate for religious and patriotic purposes having built-up area less than two hundred square meters, Group F occupancy buildings having built-up area less than one hundred square meters, Group G1 occupancy buildings without any nuisance and not dangerous and having built-up area less than one hundred square meters.] (xxiii) 'market' means any place set apart for ordinarily or periodically used for the assembling of persons for the sale or purchase of grain, fruits, vegetables, meat, fish or other perishable articles of food or for the sale, or purchase of livestock or poultry, or of any agricultural or industrial or industrial produce or any raw or manufactured products or any other articles or commodity necessary for the convenience of life provided that a single shop or a group of shops not being more than six in number shall not be deemed a market; (xxiv) 'member' means the member of a Panchayat at any level; (xxv) 'Panchayat' means a Village Panchayat, a Block Panchayat or a District Panchayat; (xxvi) 'Panchayat area' means the area within the territorial jurisdiction of a Panchayat; 2C[(xxvia) "self-certification" means self-certification issued jointly by the owner of the building and the empanelled licensee to the effect that, the building plan and site plan for the construction or reconstruction of the low risk buildings, are in accordance with the provisions of the Act and rules, for the time being in force, and any lawful direction issued, any stipulation as to the standard of specifications, laws, rules and directions.] (xxvii) 'political party' means a political party registered under Section 29 A of the Representation of the People Act, 1951 (Central Act 43 of 1951); (xxviii) 'polling stations' means any place appointed for holding election to a Panchayat; (xxix) 'population' means the population assessed at the last census the relevant details of which have been officially published; (xxx) 'prescribed' means prescribed by the rules made under this Act; (xxxi) 'President' or 'Vice-President' means the President or the Vice-President of a Village Panchayat or Block Panchayat or District Panchayat, as the case may be; (xxxii) 'private market' means any market other than a Public Market; (xxxiii) 'public market' means any market owned, constructed, repaired or maintained by a Village Panchayat; (xxxiv) 'public holiday' means any day which is declared as a holiday by the Government; (xxxv) 'public road' means any street, road, square, Court, alley, passage, cart-tract, footpath or riding path, over which the public have right of way, whether a thoroughfare or not, and includes,-- (a) the roadway over any public bridge or causeway; (b) the foot-way attached to any such road, public bridge or causeway; and (c) the drains attached to any such road, public bridge or causeway, and the land whether covered or not by any pavement, verandah or other structure which lies on either side of the roadway upto the boundaries of the adjacent property whether the property is private property or property belonging to the State or Central Government; (xxxvi) 'qualifying date' in relation to the preparation or revision of every electoral roll means the 1st day of January of the year in which it is so prepared or revised; (xxxvii) 'residence' or to 'reside', a person is deemed to have his 'residence' or to 'reside' in any house if he sometimes uses any portion thereof as a sleeping apartment as of right and a person is not deemed to cease to reside in any such house or portion thereof merely because he is absent from it or has elsewhere another dwelling in which he resides if he is at liberty to return to such house at any time and has not abandoned his intention of returning; (xxxviii) 'returned candidate' means a candidate whose name has been published under Section 83; (xxxix) 'Scheduled Castes and Scheduled Tribes' shall have the same meaning as in the Constitution of India; (xl) 'Secretary' means the Secretary of a Village Panchayat or a Block Panchayat or a District Panchayat, as the case may be; (xli) 'State' means the State of Kerala; (xlii) 'State Election Commission' means the State Election Commissioner appointed by the Governor under Article 243 K; (xliii) 'Taluk' means a revenue Taluk; (xliv) 'Village' means a Village specified by the Governor under clause (g) of Article 243; (xlv) 'village officer' means the officer in charge of a revenue village; (xlvi) 'Village Panchayat' means a Village Panchayat constituted for a village or for a group of villages under clause (a) of sub-section (1) of Section 4; (xlvii) 'water course' includes any river, stream or channel whether natural or artificial; (xlviii) 'year' means the financial year; (xlix) words and expression used but not defined in this Act, but defined in the Constitution of India shall have the meanings respectively assigned to them in the Constitution of India. Clause (vi a) inserted by Act 13 of 1999, w.e.f. 24/03/1999. Inserted by Kerala Finance (No. 2) of 2021 (Act 9 of 2021), (w.e.f. 10-06-2021). Clause (xxii) subtituted by Act 13 of 1999, w.e.f. 24/03/1999. Prior to the substitution clause (xxii) read as under: "(xxii) ' local authority' means a Panchayat at any level or a Municipality". Inserted by Act 11 of 2021. (w.e.f.12/02/2021) Inserted by Act 11 of 2021. (w.e.f.12/02/2021) Inserted by Act 11 of 2021. (w.e.f.12/02/2021)