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The Kerala Panchayat Raj (Compounding of Offences) Rules, 1996

1 Short title and commencement. —
(I) These rules may be called the Kerala Panchayat Raj (Compounding of Offences) Rules, 1996.
(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) 'Section' means a section of the Act;
(c) Words and expressions used and not defined in these rules, but defined in the Act shall have the meanings respectively assigned to them in the Act.

  1. Compoundable offences and offences compoundable with the permission of the court. — The offences punishable under the sections specified in column (1) of the schedule to these rules may be compounded and the cases pending prosecution before court may be compounded in the manner set out in column (4) of the schedule.

     

  2. Application for compounding of offences. — The application for compounding of offences shall be affixed with court fee stamp worth rupees five and be presented to the Secretary.

     

  3. Fee for compounding of offences. — The applicant shall remit an amount of rupees ten as compounding fee along with the application under Rule 4 and the Secretary shall give a receipt for the same and credit the amount to the Panchayat fund under the head "VI. Miscellaneous Revenue - Other Receipts".

     

  4. Dues to the Panchayat to be paid before compounding. — If the offence to be compounded is with regard to any dues to be remitted to the Panchayat by any party that offence shall be compounded only after the dues are remitted to the Panchayat.

     

  5. Authority to order compounding. — The Secretary shall, with the permission of the President, pass orders on the applications for compounding and communicate the same to the applicant within thirty days of receipt of the application.

     

* Published in K.G. Ex. No.1322 dt. 12th September 2001, as No.49904/N2/1998/LSGD.

Provided that the compounding of an offence shall be done only after removing the cause for the offence and making sufficient safeguards for not repeating the offence.

  1. The Secretary may reject the application for compounding. — The Secretary may, with the permission of the President and after giving sufficient reason in writing, reject any application for compounding of an offence.

     

  2. Fine to be collected before compounding of offence. — The Secretary shall, if he decides, with the permission of the president, to compound an offence on the application of a party, direct the party to pay the dues, if any, to the Panchayat and an amount not exceeding fifty per cent of the fine prescribed for such offence under the Act, within seven days and on remittance of such amounts as directed, communicate the order compounding of such offence to the party concerned.

     

  3. Compounding of offences repeated. — An offence once compounded, shall not in the ordinary course be compounded again, if repeated:

     

Provided that the Secretary may, if satisfied that the offence will not be repeated further and the party who had committed the offence is willing to pay to the Panchayat the compounding fee, fine and other dues, if any, as directed by him in accordance with the provisions in the Act, with the permission of the President accept the application for compounding of offence as a special case and compound the offence after the compounding fee, fine and other dues having been remitted by the party.

11. Application for compounding of offence with the permission of court. —

Application for compounding of offences shall be presented to the court concerned by the Secretary with the permission of the President after depositing the compounding fees under Rule 5 and the fee payable under Rule 9 by the party and after observing the formalities governing the presentation of application to the courts.

  1. Order of the Court to be communicated to the Secretary of the Panchayat concerned. — The Court shall communicate the orders on the application under Rule 11 to the Secretary of the Panchayat concerned.

     

  2. Compounding after obtaining permission of court. — (1) The Secretary, may, if the party produces the attested copy of Court order granting permission for compounding of offence, after crediting the amount deposited by the party in the revenue receipts of the Panchayat, compound the offences with the permission of the President.

     

(2)
The Secretary shall, in all cases where the application for permission of compounding of offences is rejected by the court, refund the deposit to the party.
(3)
The Secretary shall, in case an application for permission for compounding of offence is rejected, refund the amount deposited by the party.
  1. Order of compounding to be communicated to the party. — The orders of the Secretary compounding offence shall be communicated to the party concerned forthwith.

     

  2. Compounding of offence committed by persons prosecuted under Section 210 of the Act. — Notwithstanding anything contained in these rules, the Secretary may, without the permission of the court, compound offence committed by a defaulter who has been prosecuted under Section/R. 210 of the Act and Rule 27 of the Kerala Panchayat Raj (Tax Assessment, Levy and Appeal) Rules, 1996, with the permission of the President.

     

Provided that an order compounding an offence shall not be passed before collecting from the defaulter the amount due and an amount not exceeding fifty per cent of such amount as fine.

16. The Secretary to communicate compounding of offences to the Court. _ The Secretary shall communicate every order compounding offence to the court before which the prosecution regarding that offence is pending.

SCHEDULE

(See Rule 3)

Section,   Fine that can be Whether compoundable or
subsection Offence imposed under compoundable with the
and clause   the Act permission of the Court

(1)                     (2)                                                (3)                             (4)
Rs.220(a)           Unlawful construction of wall               500                 Compoundable with permission of the Court

                      or erecting of fence etc., in or                         

                       over public  road                                                               

220(c)            Unlawful digging or depositing                     200                  Compoundable with permission of the Court

                    of things in or over public road

220 (d)         Unlawful quarrying in any place                    200                      Compoundable with permission of the Court

                    near public road etc..

220 (e) Unlawful construction of structure 1000 Compoundable with over drain. permission of the Court.

 

220 (f)Planting of trees without permission 100 Compoundable with on any public road or other property permission of the Court vested in a Panchayat

 

220 (g)Cutting of trees growing in public 1000 Compoundable withroad, other properties or poramboke permission of the Court vested with Panchayat or in theland, the use of which is regulatedby the Panchayat under Section 220,without permission.

 

222 (1) Unlawful opening of or keeping 2000 Compoundable open a market

 

222 (3) Levying of fees in private evening 200 Compoundable markets

 

222 (4) Levying of fees in unlicenced 500 Compoundable private markets

 

224 Sale of exposure for sale of any 200 Compoundableanimal or article in private or public market without permission

 

225 Sale etc. of articles, after prohibition 100 Compoundable

 

(1) (2) (3) (4)

or without licence or contrary to regulations, in public roads or places

227 (b) Using any public place or roadside, 200 within the prohibited distance, as a landing of halting place or as a cart stand.

228 (1) Opening a new private cart stand 1000 or continue to keep open a private stand, without licence or contrary to licence.

230 Using any place as a slaughter 1000 house, without licence or contrary to licence

231 Slaughtering of animals for sale as food 100 or skinning or cutting up carcasses for every or drying skin so as to cause nuisance, animal without licence or contrary to licence or carcass

or skin 232 Using a place for a prescribed purpose, 500 without licence or contrary to the licence 233 Unlawful running of factories, workshop 3000

etc. 235 (2) Unlawfull destruction etc. of building numbers 50 235 (3) Failure to replace building number when 100

required to do so 240 Failure to comply with any notice requisition 500

or order under Section 240 (3) 256 Breach of any bye-law 500 261 Obstructing of Panchayat etc. 500 262 Removal and obliteration of notice 200

(1) (2) (3) 263 Failure to furnish information or furnishing 500 false information

274 Preventing a person from using or enjoying 500 of public roads, markets, wells, tanks etc.

Compoundable with permission of the Court

Compoundable

Compoundable

Compoundable

Compoundable

Compoundable

Compoundable

Compoundable

Compoundable

Compoundable

Compoundable

Compoundable

(4) Compoundable

Compoundable

Explanatory Note

(This does not form part of the Notification , but is intended to indicate its general purpose.) Section 246 of the Kerala Panchayat Raj Act, 1994 (13 of 1994) provides that the Secretary may subject to such restrictions and control as may be prescribed, compound any offence against the ACL, or any rule or bye-law made thereunder which may by rules be declared compoundable, with the approval of the President. Government have decided to make rules in this regard. This Notification is intended to achieve the above purpose.