Tribunal
for Local Self Government Institutions
As
per the G.O. 52/04/LSGD
dt. 5.2.2004, the Government constituted the Tribunal
for Local Self Government Institutions to hear appeals and
revisions under Section 276 of the Kerala Panchayat Raj
Act and 509 of the Kerala Municipality Act with its headquarters
at Thiruvananthapuram conferring jurisdiction over the 14
districts. Sri. George Mathew, District Judge, was appointed
as the Tribunal as per G.O.
(P) No. 259/2004/LSGD dt.11.8.2004. The Tribunal started
functioning in the Kerala State Rural Development Board
Building, Punnen Road, Thiruvananthapuram. The permanent
office of the Tribunal is in the Rehabilitation Building
of TRIDA near Medical College, Thiruvananthapuram.
Petitions
to the Tribunal
(1) A petition submitted to the Tribunal shall be an appeal
or revision against a notice order or proceedings of the
Village Panchayat or Municipality or its Standing Committee
for Finance or the Secretary in respect of any matter specified
in the schedule appended to the Tribunal for Kerala Local
self Government Institutions rules or added to the said
schedule by the Government from time to time by notification.
(2) If the concerned Village Panchayat or the Municipality
or the Standing Committee for Finance or the Secretary has
not taken decision within the prescribed time limit in cases
where time limit has been prescribed in the Panchayat act
or the Municipality Act or in the Rules, the affected party
may in this respect, file appeal before the Tribunal.
(3) Petitions under sub-rule (1) and (2) of the Tribunal
for the Kerala Local Self Government Rules shall be in Form
C and the same shall be submitted before the Tribunal
within thirty days from the date of the notice or order
or proceedings against which the petition is filed or within
ninety days in cases where decision has not been taken within
sixty days of filling appeal before the Local Self Government
Institutions : Provided that the Tribunal may admit a petition
submitted within one month after the said time limit. If
the Tribunal is satisfied that there is sufficient reason
for not submitting the petition within the time limit.
Copies of petition and document
The petitioner shall furnish to the Tribunal an attested
copy each of the petition and of the connected documents
also along with every petition submitted before the Tribunal
and in addition shall also submit as many attested copies
thereof as the number of counter petitioners.
Fees
The petitioner shall remit Fifty rupees as fee in the
Office of the Tribunal or enclose along with the petition
a bank draft for the same amount payable at any bank at
the Headquarters of the Tribunal.
Defective Petitions
The Tribunal may not entertain a petition that is not in
compliance with the provisions of the Panchayat Act, the
Municipality Act and the Rules thereof. Provided that the
defective petitions, after recording the defects therein
shall be returned to the petitioner and if the petitioner
re-submits the petition so received back within fifteen
days after rectifying the defects the same shall be considered
as if it has been duly furnished.
Manner of submitting petition
The petitioner may submit petition before the Tribunal direct
or by registered post.
FREOUENTLY
ASKED QUESTIONS
1.
How to file an Appeal/Revision in the Tribunal:
Ø
The Appeal/Revision against the notice/order by the President/chairman
or the Secretary of the Grama Panchayat/Municipality/Corporation
or against the decision of the Panchayat Committee, Municipal
Council or Corporation Council shall be filed in form
‘C’ of the Tribunal Rules.
Ø
Appeal/Revision against levy of tax Appeal/Revision shall
be filed after remitting the tax demanded in the demand
notice.
Ø
Original/certified copy of the impugned order/notice/decision
shall be produced along with Appeal.
Ø
Petition fee of Rs. 50/- has to be remitted in cash or
by way of D.D. of any of the Nationalized or Scheduled
bank drawn in favour of the Tribunal for Local Self Government
Institutions.
Ø
Court fee stamp of Rs. 50/- shall be affixed in the Appeal/Revision
Petition towards Legal Benefit Found.
Ø
Appeal/Revision can be filed either in person (before
3 P.M. on working days) or through registered post in
the following address:
Tribunal for Local Self Government Institutions,
Rehabilitation Block
TRIDA Building,
Medical College P.O.,
Thiruvananthapuram.
Ø
Sufficient number of certified copies of the Appeal/Revision
and the documents produced along with the Appeal shall
be produced with cover and stamp for issuing registered
notice to the Respondents.
2. Limitation
(When to file Appeal/Revision)
An
Appeal of Revision shall generally be filed within 30
days from the date of receipt of notice/order. In cases
where Appeal has been filed before the Panchayat Committee/Municipal
Council and the Committee/Council has considered the Appeal
within 60 days, appeal to the Tribunal shall be filed
within 90 days from the date of receipt of notice/order.
Delay
condonation:
In
cases where the Appeal/Revision could not be filed within
the prescribed time limit, on application, the Tribunal
upon satisfaction of the reasons for delay can condone
the delay in submitting the appeal up to 30 days.
3. Orders
of the Tribunal
The
copies of orders of the Tribunal shall be issued to the
parties on application. No Court fee is required for
the application. Copies can be collected from the office
during office hours either in person or through authorised
representative. Orders will be issued strictly on date
wise seniority basis.
4. To
get back the documents produced
After
the disposal of the case, on application, all the documents
produced in connection with the Appeal/Revision shall
be returned to the concerned parties.
5. Tribunal
is having sitting on all working days.
6. Tribunal
Secretary is the Public Information Officer as per the
Right to Information Act and he can be contacted for queries/enquiries
regarding petitions to the Tribunal
