KERALA
MUNICIPALITY ACT, 1994 (Amended upto 2021)
THE KERALA MUNICIPALITY ACT, 1994
[Act No. 20 of 1994]
PREAMBLE
An Act
to replace the present enactments relating to Municipalities and Municipal
Corporations by a comprehensive enactment in line with the Constitution
(Seventy Fourth) Amendment Act.
Whereas
the Kerala Municipalities Act, 1960 and the Kerala Municipal Corporations Act,
1961, the laws with respect to the functioning of urban local bodies prevailing
in the State are not in conformity with the provisions of Part IXA of the
Constitution of India inserted by the Constitution (Seventy Fourth Amendment)
Act, 1992;
AND
WHEREAS it is expedient to replace the said enactments by a comprehensive
enactment in line with the Constitution (Seventy Fourth Amendment) Act, 1992
for securing a greater measure of participation of the people in planned
development and in local Governmental affairs by constituting Town Panchayats,
Municipal Councils and Municipal Corporations;
AND
endow such Municipalities with necessary powers and authority to enable them to
function as institutions of self-government;
AND
entrust such Municipalities with the functions of the preparation of plans and
implementation of schemes for economic development and social justice including
the implementation of schemes in relation to the matters listed in the Twelfth
Schedule to the Constitution;
Be it
enacted in the Forty Fifth year of the Republic of India as follows:-
Section 1 - Short title, extent and commencement
(1)
This Act may be called the Kerala
Municipality Act, 1994.
(2)
It extends to the whole of the State of
Kerala.
(3)
It shall be deemed to have come into force on
the 30th day of May, 1994.
Section 2 - Definitions
In
this Act, unless the context otherwise requires,
(1)
"Article" means an Article of the
Constitution of India;
(2)
"building" includes a house,
out-house, stable, latrine, shed, hut, bunk and any other structure whether of
masonry, wood, brick, mud, metal or any other material whatsoever;
(3)
"building line" means a line which
is at the rear of the street alignment and to which the main wall of a building
abutting on a street may lawfully extend and beyond which no portion of the
building may extend except as provided in the building rules;
(4)
"candidate" means a person who has
been duly nominated or claimed to have been duly nominated as a candidate of
any election;
(5)
"casual vacancy" means a vacancy
occurring otherwise than by efflux of time;
[(6) "Chairperson" in relation to a Town
Panchayat or a Municipal Council means the Chairman of that Town Panchayat or
Municipal Council and in relation to a Municipal Corporation, the Mayor of that
Municipal Corporation;
(6A) "Deputy Chairperson" in relation to a Town
Panchayat or a Municipal Council means the Vice-Chairman of that Town Panchayat
or Municipal Council and in relation to a Municipal Corporation, the Deputy
Mayor of that Municipal Corporation;]
(7) "Collector" means the Collector of
the district;
(8) "committee" means a Standing
Committee [xxx] or a Steering
Committee [xxx] constituted under this
Act or other Committees constituted by the Council for any specific purpose;
(9) "Council"
means the Council of a Town Panchayat, a Municipal Council or a Municipal
Corporation;
(10) "Company" means a company as defined in
section 3 of the Companies Act, 1956 (Central Act 1 of 1956) and includes, a
foreign company within the meaning of section 591 of that Act, a co-operative
society registered or deemed to be registered under the Kerala Cooperative
Societies Act, 1969 (21 of 1969) and a firm or association carrying on business
in the State whether incorporated or not and whether its principal place of
business is situated in the State or, not;
(11) "Corrupt
practice" means any of the practices specified in section 144;
(12) "Dangerous disease" means a disease
specified in the Ninth Schedule or any disease included in the said schedule by
Government, from time to time, by notification in the Gazette;
(13) "District Election Officer" means an
officer designated or nominated by the State Election Commission;
(14) "Election" means an election to fill
any vacancy in any of the wards of any Municipality;
(15) "Elector" in relation to any ward
(by whatever name known) means a person whose name is included in the voters
list, for the time being in force, in respect of that
ward and who is not subject to any of the disqualifications referred to in
section 74;
(16) "Electoral right" means the right of
a person either to stand or not to stand as a candidate or to withdraw or not
to withdraw his candidature or to vote in an election;
(17) "Electoral
Registration Officer" means an officer designated or nominated by the
State Election Commission to discharge the functions of the Electoral
Registration Officer under this Act;
[“(17A) “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 Municipality 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 .”];
(18) "Filth"
includes sewage, excreta, dung, putrid and purifying substances and all other substances
causing danger to public health, if not removed;
(19) "hut" means any building which is
constructed principally of wood, mud, leaves, grass or thatch and includes any
temporary structure of whatever size of any small building of whatever material
made which the Municipality may declare to be a hut for the purposes of this
Act;
(20) "latrine"
means a place set apart for defecating or urinating or both and includes a
closet of the dry or water borne type and urinal;
[(21)] "Local Authority" or "Local Self
Government Institution" means a Municipality constituted under Section 4
or a Panchayat constituted under the Kerala Panchayat Raj Act, 1994 (13 of
1994);]
(22) "lodging
house" means a hotel, a boarding house, a choultry, dharmasala or rest house
not maintained by the Government or a local authority, or any place where
casual visitors are received and provided with sleeping accommodation, with or
without food, on payment but does not include-
[“(22A) “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.”];
(a)
student's hostel under public control or
recognised control; or
(b)
retiring rooms and rest-houses provided by a
railway administration and normally used by passengers or railway employees or
both; or
(c)
retiring rooms or rest houses provided by the
airport authority and normally used by passengers or cabin crew or both; or
(d)
rooms situated within the compound of any
place of worship and used by devotees for taking rest;
(23) "market" means any place set apart
or ordinarily or periodically used for the assembling of persons for the sale
or purchase of grain, fruit, vegetables, meat fish or other perishable articles
of food or for the sale or purchase of live-stock or poultry, or of any
agricultural 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 group of shops, not being more than six in number, shall
not be deemed to be a market;
(24) "nuisance" includes any act,
omission, place or thing which causes or is likely to cause injury, danger,
annoyance, disturbance or harassment to the
sense of sight, smell, hearing or to rest or sleep or which is, or may be,
dangerous to life or injurious to health or property;
(25) "Occupier" includes-
(a)
any person who, for the time being, is paying
or is liable to pay to the owner the rent or any portion of the rent of the
land or building in respect of which such rent is paid or is payable;
(b)
any owner in occupation of or otherwise using
his land or building;
(c)
a rent free tenant of any land or building;
(d)
a licensee in occupation of any land or
building; and
(e)
any person who is liable to pay the owner
damages for the use or occupation of any land or building;
(26) "owner"
includes
(a)
a person who for the time being is receiving
or is entitled to receive the amount of lease or the rent of any land or
building whether on his own account or on account of himself and others or as
an agent, trustee, guardian or receiver for any other person or who should so
receive the amount of lease or the rent or be entitled to receive it if the
land or building or part thereof were let to a lessee or a tenant on lease or
rent;
(b)
the person for the time being in charge of
the animal, vessel or vehicle in connection with which the word is used;
(27) "Political Party" means a political party
registered under section 29A of the Representation of the People Act, 1951
(Central Act 43 of 1951);
(28) "polling station" means any place
appointed for holding election to a Municipality;
(29) "place of public entertainment" means any
place, enclosure, building, tent, booth or other erection, whether permanent or
temporary where music, singing, dancing, drama or any diversion or game or the
means of carrying on the same is provided and to which the public are admitted,
and includes a race course, circus, theatre, music hall, billiard room,
bagatelle-room, gymnasium and fencing school;
(30) "prescribed"
means prescribed by rules made under this Act;
(31) "private
market" means any market other than a public market;
(32) "private
street" means any street, road, square, court, alley, passage or riding
path which is not a public street, but does not include a path or way made by
the owner of premises on his own land to secure access to or the convenient use
of such premises;
(33) "public
market" means any market owned, constructed, repaired or maintained by a
Municipality;
(34) "public
street" means any street, road, square, court, alley, passage or riding
path over which the public have a right of way, whether a thoroughfare or not,
and includes-
(a)
the roadway over any public bridge or
causeway;
(b)
the footway attached to any such street,
public bridge or causeway; and
(c)
the drains attached to any such street,
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 that property is private property
or property belonging to the Government;
(35) "public
holiday" means a day which is declared as a holiday by the Government;
(36) "Public
water courses, springs, wells and tanks and bunds" include water courses,
springs, wells, tanks and bunds used by the public to such an extent as to give
a prescriptive right to such use;
(37) "qualified medical practitioner"
means a medical practitioner having prescribed qualifications;
(38) "reconstruction"
of a building includes-
(a)
the re-erection wholly or partially of a
building after more than one half of its cubical contents has been taken down,
or burnt down, or has fallen down, whether at one time or not;
(b)
the re-erection wholly or partially of any
building of which an outer wall has been taken down or burnt down or has fallen
down to or within three meters or less of the ground adjoining the lowest
storey of the building and of any frame-work of building which has so far been
taken down or burnt down or has fallen down as to leave only the framework of
the lowest storey;
(c)
the conversion into a dwelling house or a
place of public worship of any building not originally constructed for human
habitation or for public worship, as the case may be, or the conversion into
more than one dwelling house of a building originally constructed as one
dwelling house only or the conversion of a dwelling house into a factory or
other industrial establishments;
(d)
the re-conversion into a dwelling house or a
place of public worship or a factory of any building which has been
discontinued as, or appropriated for any purpose other than, a dwelling house
or place of public worship or a factory, as the case may be;
(39) "residence" or "reside" a
person shall be deemed to have his 'residence' or to 'reside' in any house or
hut if he sometimes uses as of right any portion thereof as a sleeping
apartment and a person is not deemed to cease to reside in any such house or
hut merely because he is absent from it or has elsewhere another dwelling in
which he resides if he is at liberty to return thereto at any time and has not
abandoned his intention of returning;
(40) "rubbish"
means dust, ash, broken bricks, mortar, broken glass, and refuse of any kind
which is not filth;
(41) "sanitation worker" means a person employed
in collecting or removing filth or in cleaning drains, latrines or slaughter
houses;
(42) "Scheduled Castes and Scheduled
Tribes" shall have the same meaning as in the Constitution of India;
(43) "Secretary"
means the Secretary of a Municipality;
[(43A)
“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.].
(44) "State"
means the State of Kerala;
(45) "State
Election Commission" means the State Election Commission appointed 'under
Article 243K;
(46) "street
alignment" means a line dividing the lands comprised in forming part of a
street from the adjoining land;
(47) "vehicle" shall have the same meaning as
in the Motor Vehicles Act, 1988 (Central Act 59 of 1988);
(48) "vessel" includes any motor boat,
steam launch, steam or motor tug or barge;
(49) "ward" means a ward of a
Municipality for the purpose of election of Councillors;
[(49A)"Ward Committee" means the Ward Committee
constituted under Section 42;
(49B) "Ward
Sabha" means the Ward Sabha constituted under Section 42A;]
(50) "water
course" includes any river, stream, channel or lake whether natural or
artificial;
(51) "year"
means the financial year.
Section 3 - Interpretation
Words
and expressions used but not defined in this Act and defined in Part IX A of
the Constitution of India shall have the meanings respectively assigned to them
in that part.
Section 4 - Constitution, alteration and conversion of Municipalities
(1)
The Government shall, by notification in the
Gazette, constitute with effect from such date as specified in the
notification,-
(a)
a "Town Panchayat" for a
transitional area;
(b)
a "Municipal Council" for a smaller
urban area; and
(c)
a "Municipal Corporation" for a
larger urban area, and specify the name of such Municipalities.
(2)
The Government may, by notification,
(i)
exclude any municipal area from the operation
of this act; or
(ii)
exclude from a municipal area comprised
therein and defined in the notification; or
(iii)
divide any municipal area into two or more
municipal areas; or
(iv)
unite two or more municipal areas; or
(v)
unite the territorial area of a Panchayat
geographically lying adjacent to a Municipal area, with the Municipality; or
(vi)
convert a Village Panchayat into a [Town
Panchayat or a Municipal Council]; or
(vii)
convert a Town Panchayat into a Municipal
Council; or
(viii)
convert a Municipal Council into a Municipal
Corporation:
[Provided that, before issuing such a notification the requirements
under. Article 243Q and sub-section (11 shall be fulfilled and the suggestions
and opinions of the Village Panchayat or Town Panchayat or Municipal Council or
Municipal Corporation concerned, shall be considered.]
Provided
further that any notification issued under this sub-section shall not be
brought into force except in such a way as to coincide with the expiry of the
term of the existing Municipal Council or Village Panchayat in that territorial
area.
(3)
The Government may at the request of a Municipality
or after consultation with the Municipality, at any time, alter the name of a
Municipality, after previous publication of the proposal by notification in the
Gazette.
(4)
Where any Village Panchayat area is
constituted as, or included in, a [Municipality],
the Government may pass such orders as they may deem fit as to the transfer to
the Municipality or disposal otherwise of the assets or institutions of such
Panchayat in that area, and as to the discharge of the liabilities if any, of
such Panchayat relating to such assets or institutions.
(5)
Where any village Panchayat area is
constituted as, or included in a [Municipality],
all taxes, fees or other charges levied in that area under the enactments or
regulations then in force shall, from the date of constitution or inclusion, as
the case may be, cease to have effect and all such taxes, fees or other charges
shall be levied in that area in accordance with the provisions of this Act and
the rules, regulations and bye-laws made thereunder.
(6)
Where a Municipality is abolished, this Act
and all notifications, rules, regulations, bye-laws, orders, directions and
powers issued, made or conferred under this Act shall cease to apply to the
area comprised within the Municipality, the balance of the Municipal fund and
all other property vested in the Municipality at the time of its abolition
shall
vest in the succeeding local authority coming into existence or if a local
authority does not come into existence in that area, in the Government and the
liabilities of the Municipality shall be transferred to such local authority or
as the case may be, the Government.
(7)
All funds and property vested in the
Government under sub-section (6) shall be applied to discharge the liabilities
transferred to the Government under that sub-section and for the promotion of
the safety, health, welfare or convenience of the inhabitants of the area
comprised in the Municipality.
Section 5 - Incorporation and Administration of Municipality
(1)
Every Municipality shall be a body corporate
by the name of the Municipality specified in the notification Issued under
section 4, shall have perpetual succession and a common seal, and shall,
subject to any restriction or alteration imposed by or under this Act or any
other law, be vested with the capacity of suing or being sued in its corporate
name, of acquiring, holding and transferring property, movable or immovable, of
entering into contracts, and of doing all things necessary, proper or expedient
for the purpose for which it is so constituted.
(2)
Every Municipality, shall exercise such
powers, perform such duties and functions and shall have such responsibilities
and authority as are provided by or under this Act or any other law for the
time being in force.
Section 6 - Constitution of Council
(1) The Government shall, in accordance with the criteria
specified in sub-section (3), notify the total number of seats of the
Councillors to be filled up by direct election in a Town Panchayat,
Municipality and Municipal Corporation considering the population of the area
of the Municipality concerned.
(2) The
Government may, after publishing the relevant data according to each census,
vary the total number of seats of Councillors in a Municipality notified under
sub-section (1) subject to the criteria specified in sub-section (3).
(3) The number of
seats of Councillors notified under sub-section (1) or sub-section (2), shall
be
(a)
In the case of a Town Panchayat or a
Municipal Council,
(i)
[Twenty five], where the population in the area of the
Town Panchayat or Municipal Council does not exceed twenty thousand, and
(ii)
Where the population of the Town Panchayat or
Municipal Council exceeds twenty thousand, [twenty
five], for the population of first twenty thousand, and one
each for every two thousand and five hundred of the population exceeding twenty
thousand, subject to a maximum of [fifty
two] Councillors;
(b)
In the case of a Municipal Corporation,-
(i)
[fifty five], where
the population in the area of the Municipal Corporation does not exceed four
lakhs, and
(ii)
Where the population exceeds four lakhs, [fifty
five], for the population of first four lakhs and one each
for every ten thousand exceeding four lakhs subject to a maximum of one hundred
Councillors;
(4) The
Councillors of every Municipality shall be elected by direct election]
(5) Specified
seats shall be reserved for the Scheduled Castes and the Scheduled Tribes in
every Municipality. The number of seats to be reserved in a Municipality shall
be determined by the Government. The number of seats so reserved shall bear, as
nearly as may be, the same proportion to the total number of seats to be filled
by direct election in that Municipality as the population of the Scheduled
Castes in the municipal area or of the Scheduled Tribes in the municipal area
bears to the total population of that area and such seats may be allotted by
rotation to different wards in a Municipality as the [the
State Election Commission or an officer authorised by it] may, determine for
each general election:
Provided
that where the population of the Scheduled Castes or the Scheduled Tribes in a
municipal area is not sufficient to make them eligible for the reservation of
any seat, one seat shall be reserved in that Municipality for the Scheduled
Castes or the Scheduled Tribes having higher population.
(6) Not less
than one-third of the total number of seats reserved under sub-section (5)
shall be reserved for women belonging to the Scheduled Castes, or as the case
may be, the Scheduled Tribes;
Provided
that where the number of seats reserved for the Scheduled Castes or as the case
may be, the Scheduled Tribes under sub-section (5) is only one, that seat need
not be reserved for women belonging to the Scheduled Castes or, as the case may
be, the Scheduled Tribes.
(7) Not less than
one-third (including the number of seats reserved for women belonging to the
Scheduled Castes and Scheduled Tribes) of the total number of seats to be
filled by direct election in every Municipality shall be reserved by the
Government for women and such seats may be allotted by rotation to different
wards in a Municipality as the [the
State Election Commission or an officer authorised by it] may, by notification
in the Gazette, determine for each general election.
(8) Nothing
contained in sub-sections (5) to (7) shall be deemed to prevent persons
belonging to the Scheduled Castes, Scheduled Tribes or Women from being a
candidate to the election to the unreserved seats in a Municipality.
[(9) The officer
authorised in this behalf by the State Election Commission shall, by draw of
lots, determine the wards to which seats reserved for Scheduled Castes and
Scheduled Tribes under sub-section (5) and for Women under sub-sections (6) and
(7) are to be allotted by rotation at such time and on such date and at such
place as may be notified by the Commission.
(10) Immediately
after deciding the reserved wards under sub-section (9), the State Election
Commission shall notify the list of wards so reserved, in the manner
prescribed.]
Section 7 - Duration of Municipalities and filling up of vacancies
(1)
Every Municipality, unless sooner dissolved,
shall continue for five years from the date appointed for its first meeting and
no longer.
(2)
An election to constitute a Municipality
shall be completed,-
(a)
before the expiry of its duration specified
in sub-section (1); or
(b)
before the expiration of a period of six
months from the date of its dissolution; as the case may be:
Provided
that where the remainder of the period for which the dissolved Municipality
would have continued is less than six months, it shall not be necessary to hold
any election for constituting the Municipality for such period.
(3)
A Municipality constituted upon the dissolution
of a Municipality before the expiration of its duration shall continue only for
the remainder of the period for which the dissolved Municipality would have
continued under sub-section (1) had it (sic) be so dissolved.
[(3A) A casual vacancy in the office of a Councillor
shall be reported directly by the Secretary concerned to the State Election
Commission within seven days from the date of occurrence of that vacancy and
the Secretary who fails to report so without proper reason shall be punishable
with a fine which may extend to one thousand rupees and for which the State
Election Commission shall have power to initiate the prosecution steps.)
(4)
Election to fill a casual vacancy In the
office of a Councillor shall be held by the State Election Commission [within
six months], after the occurrence of that vacancy:
Provided
that it shall not be necessary to hold an election to fill a vacancy, the
duration of which is less than six months.
(5)
A Councillor elected to fill a casual vacancy
shall be eligible to hold office for the remaining term of the person in whose
place he was elected.
Section 8 - Procedure where no Councillor is elected from any ward of a Municipality
(1)
Where, for any reason, a Councillor could not
be elected from any of the wards, at an election the State Election Commission
shall hold an election within three months to elect a Councillor from that
ward.
(2)
The term of office of a Councillor elected
under sub-section (1) shall be co-terrr'uus with the term of the Municipality
to which he is elected.
Section 9 - Reservation to be subject to Article 334
Notwithstanding
anything contained in section 6 and section 10, reservation of seats in the
Municipalities and in the offices of Chairman or Mayor thereof, as the case may
be, for the Scheduled Castes or the Scheduled Tribes shall cease to have effect
on the expiration of the period fixed in Article 334 for the reservation of
seats for the Scheduled Castes and the Scheduled Tribes in the State Legislative
Assembly:
Provided
that nothing in this section shall affect any such reservation in a then
existing Municipality until the expiration of its duration or its dissolution,
as the case may be.
Section 10 - Mayor or Chairman of a Municipality
(1)
There shall be a Chairman in every Town
Panchayat and Municipal Council and a Mayor in every Municipal Corporation who
shall be elected by the elected Councillors of the respective Municipalities
from among themselves, in such manner as may be prescribed. [The
Chairperson shall be a full-time functionary of the Municipality.]
(2)
Such number of the offices of Chairmen of
Town Panchayats, Chairmen of Municipal Councils and Mayor of Municipal
Corporations shall be reserved for the Scheduled Castes or, as the case maybe,
the Scheduled Tribes by the Government and the offices of the Chairmen of the
Town Panchayats, Chairmen of the Municipal Councils and Mayor of the Municipal
Corporations so reserved may be allotted by rotation to different Town
Panchayats, Municipal Councils or, as the case may be, the Municipal
Corporations as the [State
Election Commission] may, by notification in the Gazette, determine for each
general election.
(3)
The total number of offices of Chairmen in
the Town Panchayats, Chairmen In the Municipal Councils or Mayor of the
Municipal Corporations, as the case may be, to be reserved for the Scheduled
Castes and the Scheduled Tribes under sub-section(2) shall bear as nearly as
may be, the same proportion to the total number of offices of Chairmen in the
Town Panchayats, Chairmen of the Municipal Councils or Mayor of the
Municipal
Corporations, as the case may be, as the population of the Scheduled Castes or
as the case may be, the Scheduled Tribes, in the Municipalities in the State
bear to the total population of the Municipalities.
(4)
Not less than one-third of the offices of the
Chairpersons in the Town Panchayats. Municipal Councils and Municipal
Corporations reserved under sub-section (2), shall be [set
apart by Government for women belonging to Scheduled Castes, or as the case may
be. Scheduled Tribes and for each general election the seats so reserved shall
be allotted by the State Election Commission, by notifications In the Gazette,
to different Town Panchayats or Municipal Councils or Municipal Corporations,
as the case may be, by rotation]:
Provided
that where the number of offices of Chairpersons reserved for the Scheduled
Castes or as the case may be, the Scheduled Tribes under sub-section (2) is
one, that seat need not be reserved for women belonging to the Scheduled Castes
or as the case may be, the Scheduled Tribes.
(5)
Not less than one-third of the total number
of offices of the Chairpersons in the Town Panchayats, Municipal Councils and
Municipal Corporations, [shall
be reserved for women by the Government and the seats so reserved [shall
be allotted] by the State Election Commission] [including
those reserved under sub-section [4),
by rotation to different Town Panchayats, Municipal Councils and Municipal
Corporations, as the case may be.
(6)
Procedure of rotation under sub-section (2)
and sub-section (5) shall begin from the Municipality having the highest
percentage of population of the Scheduled Castes or Scheduled Tribes or women
as the case may be, and thereafter to the Municipality having the next higher
percentage of population and shall be so continued in like manner:
Provided
that if the Municipality, the office of Chairperson of which is eligible for
reservation for women is the same as the Municipality the office of Chairperson
of which is to be reserved for the Scheduled Castes or Scheduled Tribes, then,
in reserving the office of Chairperson priority shall be given to persons
belonging to the Scheduled Castes or as the case may be, the Scheduled Tribes
and in lieu, the office of the Chairperson of the Municipality, having the next
higher percentage of women population in turn shall be reserved for women.
[Provided further that in Municipalities where the office
of the Chairperson is to be reserved for women belonging to Scheduled Castes or
Scheduled Tribes and in Municipalities the highest percentage of population is
women, the office of the Chairperson shall be reserved for women belonging to
Scheduled Castes or Scheduled Tribes by rotation.]
(7)
No person shall be eligible for being elected
as Chairperson unless-
(i)
he is elected as Councillor;
(ii)
in the case of offices of Chairpersons
reserved for the Scheduled Castes or the Scheduled Tribes, he himself is a
member of any of the Scheduled Castes or the Scheduled Tribes;
(iii)
in the case of office of Chairperson reserved
for women, such person is a woman.
[(8) The term of office of a Chairperson shall be
co-terminus with that of his term as a Councillor unless he resigns or becomes
disqualified to hold the office of a Councillor.]
Section 11 - Deputy Chairpersons of the Municipalities
(1)
There shall be a Vice-Chairman in every Town
Panchayat and Municipal Council and a Deputy Mayor in every Municipal
Corporation who shall be elected by the elected Councillors of the respective
Municipalities from among themselves in such manner as may be prescribed.
(2)
A Deputy Chairperson shall be deemed to have
vacated his office
(i)
on his ceasing to be a Councillor on the
expiry of his term of office or otherwise; or
(ii)
on his election as Chairperson.
(3)
Where the office of a Chairperson is vacant,
the Deputy Chairperson shall exercise the powers and discharge the duties of
the Chairperson until a newly elected Chairperson assumes office.
(4)
(a) Where the office of a Chairperson is
vacant and there is vacancy in the office of Deputy Chairperson or the Deputy
Chairperson has been continuously absent from jurisdiction for more than
fifteen days or is incapacitated, the Chairman of the Standing Committees in
the order referred to in sub-section (1) of section 20 shall, until a new
Chairperson or Deputy Chairperson is elected and assumes office, or the Deputy
Chairperson returns to jurisdiction or recovers from his incapacity, as the
case may be, shall exercise the powers and perform the functions of the
Chairperson,
(b) Where a Chairperson has been continuously
absent from jurisdiction for more than fifteen days or is incapacitated and
there is vacancy in the office of the Deputy Chairperson or the Deputy
Chairperson has been continuously absent from jurisdiction for more than
fifteen days or is incapacitated and [xxxx],
the Chairmen of the Standing Committees in the order referred in sub-section
(1) of section 20 shall exercise the powers and perform the functions of the
Chairperson until the Deputy Chairperson returns to Jurisdiction or recovers
from his incapacity, as the case may be.
(c) Where there are no Chairmen of Standing
Committees to hold the office of the Chairpersons as provided under clauses (a)
and (b), an elected Councillor nominated by the Government shall exercise the
powers and perform the duties of the Chairperson of the Municipality for the
period referred to in the said clause.
Section 12 - Election of the Chairperson and Deputy Chairperson
(1)
The meeting to elect the Chairperson or
Deputy Chairperson shall be convened within three weeks from the date of
publication of the names of the elected Councillors, by the State Election
Commission, on such date as may be fixed by the State Election Commission.
(2)
The State Election Commission shall designate
or nominate an officer of the Government as the returning officer for the
election of the Chairperson or Deputy Chairperson.
(3)
It shall be the duty of the returning officer
to do all such acts and things as are necessary for the efficient conduct of
the election, in the manner prescribed.
[(3A) Election shall be by means of open ballot and the
Councillor who casts his vote shall write his name and affix his signature on
the reverse side of the ballot paper.]
(4)
The State Election Commission shall publish
the result of the election of the Chairperson and Deputy Chairperson, in such
manner as may be prescribed.
(5)
Where the Chairperson or the Deputy
Chairperson could not be elected at an election conducted in accordance with
this Act, a fresh election [shall
be conducted within forty-five days] for the election of the Chairperson or
Deputy Chairperson, as the case may be.
(6)
Where any dispute arises as to the validity
of the election of the Chairperson or Deputy Chairperson of a Municipality any
Councillor of that Municipality may file a petition before the District Court
having jurisdiction over the area of the headquarters of that Municipality, for
decision and such decision shall be final.
[(6A) The validity of election of the Chairperson or
Deputy Chairperson shall not be called in question on the ground of any vacancy
of the office of the Councillors or any of the Councillor was absent in the
election meeting. ]
(7)
Every petition referred to in sub-section (6)
shall be disposed of in accordance with the procedure prescribed to be followed
while trying a suit under the Code of Civil Procedure, 1908 (Central Act 5 of
1908).
(8)
Any casual vacancy in the office of the
Chairperson or Deputy Chairperson of a Municipality shall be reported by the
Secretary to the State Election Commission, in such manner as may be
prescribed, and the State Election Commission shall, in accordance with the
provisions of this Act, take steps for the election of a Chairperson or Deputy
Chairperson, as the case may be.
Section 13 - Honorarium and Allowances to Chairperson, Deputy-Chairperson and Councillors of Municipalities
[Honorarium and Allowances] to Chairperson,
Deputy-Chairperson and Councillors of Municipalities
[(1) The Chairperson, Deputy Chairperson and other
Councillors of a Municipality shall be paid [honorarium
and allowances] of such rates as may be prescribed.
(2) The
Chairperson and Deputy Chairperson of a Municipality shall be eligible while
travelling in public purpose for travelling allowances and daily allowance at
such rates as may be prescribed.]
Section 14 - Functions of the Chairperson
The Chairperson
of a Municipality shall-
(a)
convene the meetings of the Council;
(b)
exercise the powers and discharge the duties
specifically conferred or imposed on him by this Act; and
(c)
exercise overall supervision over the working
of the Municipality and shall co-ordinate the functions of the Municipality,
the Secretary and the Committees thereof.
Section 15 - Powers of Chairperson
(1)
Subject to the provisions of this Act, the
Chairperson shall have powers of inspection and may give such directions and
orders as he thinks fit with regard to the implementation of any resolution of
the Council or Committees in the discharge of any function of a Municipality
and the Secretary shall be bound to comply with such direction.
(2)
Except as otherwise provided in this Act or
thereunder, the administrative powers to implement the provisions of this Act
and the resolutions passed by a Council, shall be vested in the Chairperson and
he shall be directly responsible for the proper discharge of the functions
imposed by or under this Act.
(3)
Without prejudice to the generality of the
foregoing provisions the Chairperson shall-
(a)
preside over and control the proceedings of
the meetings of the council of the Municipality of which he is the Chairperson;
(b)
supervise and control the acts done and steps
taken by the officers and employees of the Municipality, prepare the
confidential report of the Secretary and also review the confidential reports
prepared by the Secretary in respect of other employees;
(c)
meet the contingent expenses to such extent,
as may be fixed by the Government from time to time;
(d)
authorise the payment and repayment of money
relating to the Municipality;
(e)
cause to be prepared the statements and
reports required to be prepared by or under this Act;
(f)
exercise such other powers and perform such
other functions that may be conferred or entrusted under the provisions of this
Act or the rules made thereunder.
(4)
The Chairperson may, in emergent
circumstances, direct the execution of any work or performance of any act, in
respect of which sanction of the Council is necessary and in his opinion the
immediate execution or performance of which is necessary for the safety of the
public and may also direct that the expenses incurred for the execution of such
work or performance of such act be paid from the fund of the Municipality;
Provided
that,-
(a)
no act shall be done under this section in
contravention of any decision of the Council prohibiting the execution of any
work in the performance of any particular act; and
(b)
the steps taken under this sub-section and
the reasons therefor shall be reported at the next meeting of the Council and
its approval obtained.
[(5) The Chairperson shall call the Secretary or any
officer or employee under the control of Municipality including the Government Officer
or employee transferred by the Government to the service of the Municipality to
discuss with him on any matters relating to the functions and administration of
the Municipality which are vested in or delegated to the Municipality by or
under this Act, and it shall be the duty of such officer or employee to attend
such discussion or the meetings convened by the Chairperson.
(6) The Chairperson shall have the power to
suspend from service any officer or employee in the service of Municipality if
necessary, other than the Secretary and other Government Officers in the
Gazetted rank, transferred to the service of the Municipality, where
disciplinary action have to be taken against them, on grounds of gross
negligence of duty, dereliction of duty and violation of rules and standing
orders:
Provided
that the Chairperson shall place the order of suspension before the Council in
its next meeting and get the order ratified by the Council, failing which the
order shall stand invalid.
(7) The Chairperson
shall have the power to call for from the Secretary or any other officer under
the Municipality, any file and record in writing relating to the administration
of the Municipality and issue directions and orders thereon in accordance with
the provisions of this Act, rules or standing orders made thereunder:
Provided
that the Chairperson shall not call for the files and records which are related
to the exercise of statutory functions regarding Municipal Administration
vested only in the Secretary or any other officer.
(8) The
Chairperson shall refer to the Government for decision at once, any resolution
passed by the council which in his opinion has not been legally passed or is in
excess of power conferred by this Act or any other law or if carried out is
likely to endanger human life or health or public safety. ]
Section 16 - Access to records and channel of correspondence
(1)
The Chairperson shall have power to inspect
all records of the Municipality and direct the Secretary to submit such records
as he thinks necessary, for inspection.
[(2) All official correspondence from the Secretary to
the Government and to any other authority not below the rank of district level
officer of the Government and vice-versa, shall be routed through the
Chairperson:
Provided
that all correspondences to the Government or other local authorities except
that the Chairperson by general or special order authorises the Secretary in
this behalf shall have the approval of Signature of the Chairperson:
Provided
also, that where the correspondences are in respect of a resolution of the
council passed in contravention to any of the provisions in this Act or Rules
and to furnish any information or statement or record as requested by the
Government, the Secretary may address the Government directly.]
(3) The Chairperson shall be bound to transmit all
the communications addressed through him by the Secretary to the Government or
other authority, as the case may be, and vice versa, as early as possible.
Section 17 - The Chairperson to be a member of every Committee
The
Chairperson shall be an ex-officio member of every Committee of a Municipality
and shall have all powers of a member of such Committee except the right to
vote.
Section 18 - Delegation and devolution of functions of Chairperson
(1)
The Chairperson may, by order in writing,
delegate any of his functions to the Deputy Chairperson:
Provided
that he shall not delegate any of his functions which the Council expressly
prohibits him from delegating.
(2)
Where the Chairperson is continuously absent
from jurisdiction for more than fifteen days or is incapacitated, his functions
shall, during such absence or incapacity, devolve on the Deputy Chairperson:
Provided
that where the Chairperson is within the State during such absence and is on
business connected with the affairs of the Municipality, his functions shall
not devolve on the Deputy Chairperson.
(3)
Where the Deputy Chairperson also is
continuously absent from jurisdiction for more than fifteen days or is
incapacitated or the office of the Deputy Chairperson is vacant, [the
Chairperson shall, by an order in writing, delegate "his functions to
Chairman of Standing Committee] shall, in the order specified in sub-section
(1) of Section 20.
(4)
Every order made under sub-section (3) shall
be communicated forthwith to the Council.
(5)
Where an order of delegation of functions of
Chairperson made under sub-section(3) is in force, no further delegation of any
function shall be made in favour of any Chairman of Standing Committee other
than the Councillor in whose favour such order was made.
(6)
The discharge of [the
functions delegated under sub-section (1) or sub-section (3) and of the
functions devolved under sub-section (2)], shall be subject to such
restrictions, limitations and conditions, as may be laid down by the
Chairperson and shall also be subject to his control and revision.
(7)
The Chairperson may, by an order in writing,
delegate to the Secretary the powers and functions vested in him to meet the
expenses relating to administration.
Section 19 - Motion of no-confidence
(1)
A motion expressing want of confidence in the
Chairperson or Deputy Chairperson [x
xxx] may be moved in accordance with the procedure laid down in this section.
(2)
Written notice of the intention to make the
motion in such form, as may be prescribed, signed by such number of elected
Councillors as shall constitute not less than one-third of the sanctioned
strength of the Council together with a copy of the motion which is proposed to
be made, shall be delivered by anyone of the Councillors signing the notice, in
person to the officer authorised by the [State
Election Commission] in this behalf.
(3)
The Officer authorised under sub-section(2)
shall, thereupon, convene a meeting of the elected Councillors of the Council
for consideration of the motion, to be held at the office of the Municipality
at a time appointed by him which shall not be later than fifteen days from the
date on which the notice under the said sub-section was delivered to him. He
shall give to the elected Councillors notice of not less than ten clear days of such meeting and of the time appointed therefore
and shall exhibit the said notice in the Municipal Office.
[(4) The meeting convened under this section shall be
presided over by an officer authorised by the "State Election
Commission" under sub-section 12))
[(4A) xxxx]
(5) A meeting convened for considering a motion
under this section shall not except for reasons beyond control, be adjourned.
(6) As soon as
the meeting commences, the person residing shall read at the meeting the motion
for the consideration of which it has been convened, and declare it to be open
for debate.
(7) A debate under
sub-section [6) shall not, except for reasons beyond control, be adjourned.
(8) The person presiding over the meeting shall
not speak on the merits of the motion but shall be entitled to vote thereon
without the right to exercise casting or a second vote.
(9) The debate
shall automatically terminate on the expiry of four hours from the time
appointed for the commencement of the meeting, if it is not concluded earlier.
Upon the conclusion of the debate or upon the expiry of the said period of four
hours, as the case may be, the motion shall be put to vote, [which
shall be by means of open ballot and the Councillor who casts his vote shall
write his name and affix his signature on the reverse side of the ballot
paper.]
(10) On the
conclusion or the termination, as the case may be, of the meeting, a copy of
the minutes of the meeting together with a copy of the motion and the result of
the voting thereon [and
a report on the proceedings of the meeting shall forthwith be forwarded to the
Government by the officer authorised under sub-section (2)] by the person who
presided over the meeting to the Government.
[(11) If the resolution is passed with the support of the
majority of the sanctioned strength of Councillors of the Municipality notified
under Section 6, after that the Chairperson or the Deputy Chairperson, as the
case may be, shall cease to hold office and such office shall be deemed to fall
vacant forthwith and the officer authorised under sub-section (2) shall report
to the Government and the State Election Commission the vacancy in the said posts
and shall cause to publish the fact in the notice board of the Municipality and
the Government immediately on receipt of such report shall notify in the
Gazette, the cessation of office by the Chairperson of Deputy Chairperson as
the case may be.]
(12) If the motion
is not carried by a majority as specified in sub-section (l 1), or if the
meeting could not be held for want of quorum, no notice of any subsequent
motion expressing want of confidence in the same Chairperson or the Deputy
Chairperson 1[xxxx], as the case may be, shall be
entertained until after the expiry of six months from the date of the meeting.
(13) No notice of
a motion under this section shall be entertained within six months of the
assumption of office by a Chairperson or a Deputy Chairperson [xxxx],
as the case may be.
Section 20 - Standing Committees
[ In every Municipality there shall be constituted
Standing Committees as follows, namely:-
(A)
in a Town Panchayat (1) Standing Committee
for Finance
(2) Standing
Committee for Development
(3) Standing
Committee for Welfare
(B)
in a Municipal Council
(1)
Standing Committee for Finance
(2)
Standing Committee for Development
(3)
Standing Committee for Welfare
(4)
Standing Committee for Health Education
(5)
Standing Committee for Works
(C)
in a Municipal Corporation
(1)
Standing Committee for Finance
(2)
Standing Committee for Development
(3)
Standing Committee for Welfare
(4)
Standing Committee for Health Education
(5)
Standing Committee for Works
(6)
Standing Committee for Town Planning
(7)
Standing Committee for Appeal relating to
Tax]
Section 21 - Constitution and Election to the Standing Committee
[(1) Every Standing Committee shall consist of such
number of members as may be decided by the Council including its Chairman and
it shall be in such a manner that every Councillor, except the Chairperson and
the Deputy Chairperson shall be elected as a member of anyone of the Standing
Committee and the number of members to be elected to each Standing Committee
shall, as far as possible, be equal.
(2) The number of members of each Standing
Committee as decided by the Council under sub-section (1) shall not be changed
during the tenure of the Council.
(3) In every
Standing Committee, there shall be members elected by the councillors from
among themselves under the proportional representation system by single
transferable vote and no Councillor shall be a member of more than one Standing
Committee at the same time.
(4) The Chairman of any Standing Committee other
than the Standing Committee for Finance shall be elected by the members of the
respective Standing Committee from among themselves.
(5) The Deputy
Chairperson shall be the ex-officio member and the Chairman of the Standing
Committee for Finance.
(6) The
Chairperson shall be an ex-officio member of every Standing Committee without
any right to vote.
(7) A Councillor
elected as a member or Chairman of a Standing Committee shall hold office as
the member or Chairman of that Committee till the expiry of his term of office
as Councillor unless he resigns from such office.
(8) The election
to fill up a casual vacancy of a member of the Standing Committee shall be held
within thirty days from the date of occurrence of such vacancy:
Provided
that in cases where the vacancy in a Standing Committee cannot be filled up due
to the vacancy in the place of a Councillor, the vacancy in the Standing Committee
shall be filled up within thirty days from the date of filling up of the
vacancy of the Councillor.
(9) Subject to
the conditions and proceedings prescribed, a motion of no-confidence in respect
of the Chairman of Standing Committee, other than the Standing Committee for
Finance may be moved and such a motion, if passed, with the support of not less
than a majority of the total number of members of the Standing Committee, the
Chairman of that Standing Committee shall cease to hold office and he shall be
deemed to have vacated the office of the Chairman of that Standing Committee]
Section 22 - Function of the Standing Committee
(1)
The powers and functions of the Standing
Committees of the Municipality shall be as follows, namely:
(a)
The Standing Committee for Finance in a Town
Panchayat,-
(i)
shall supervise the utilisation of the budget
grants and watch carefully the timely assessment and collection of taxes, fees,
rents or other sums due to the Town Panchayat;
(ii)
shall inspect frequently the, accounts of the
Town Panchayat;
(iii) shall watch carefully the release of the grant by the
Government and its proper utilisation;
(iv)
shall conduct monthly audit of the accounts
and check the, monthly demand, collection and balance and abstract of receipts and
expenditure of the proceeding month as furnished by the Secretary.
(v)
may, subject to such rules as may be
prescribed, write off such sums due to the Council as appears to the Committee
as irrecoverable;
(vi)
shall scrutinise the annual statement of
accounts, demands collection and balance;
(vii) shall prepare and present the budget estimates before the
council as provided under Section 286;
(viii) shall verify whether any amount prepared to be expended
by the Town Panchayat is within the budget provision approved by the Council
and whether there is sufficient fund for this purpose; (ix) shall enquire in to
the allegations against the employees of the Town Panchayat, if directed by the
Council and to bring the result of it into the notice of the Council; (x) shall
dispose of appeals on taxation and to give directions to the Secretary to levy
tax in respect of cases which escaped assessment and to reassess under valued
cases.
(b)
The Standing Committee for Development of the
Town Panchayat shall deal with matters of agriculture, soil conservation,
social forestry, dairy development, animal husbandry, minor irrigation,
fisheries, small scale industry, institutional finance, public works, housing,
town planning including regulation of building constructions, environment,
electricity, water supply, drainage and sewage and shall prepare the
development plan for the Town Panchayat integrating socio-economic and spatial
plans;
(c)
The Standing Committee for Welfare of the
Town Panchayat shall deal with matters relating to the Welfare of Women and
Children, development of scheduled caste and scheduled tribes, social welfare,
social security pensions and financial assistance, slum improvement poverty
alleviation, public distribution system, public health and health services
sanitation, education, arts and culture and sports;
(d)
The Standing Committee for Finance of
Municipal Council,-
(i)
shall supervise the utilization of the budget
grants and watch carefully the timely assessment and collection of taxes, fees,
rents and other sums due to the Municipal Council;
(ii)
shall inspect frequently the accounts of the
Municipal Council;
(iii) shall watch carefully the release of grants by the
Government and its proper utilization
(iv)
shall conduct monthly audit of accounts and
check the monthly demand, collection and balance and abstract of receipts and
expenditure of the preceding month as furnished by the Secretary;
(v)
may, subject to such rules as may be
prescribed, write off such sums due to the Council as appear to the Committee
as irrecoverable;
(vi)
shall scrutinize the annual accounts,
demands, collection and balance;
(vii) and present the budget estimate before the council under
Section 286;
(viii) shall verify whether any amount proposed to be expended
by the Municipal Council is within the budget provision approved by the Council
and whether there is sufficient fund for this purpose;
(ix)
shall enquire into the allegations against
the employees of the Municipal Council if directed by the Council and to bring
the result of it to the notice of the Council;
(x)
shall dispose of appeals on taxation and to
give directions to the Secretary to levy tax in respect of cases which escaped
assessment and to reassess undervalued cases.
(e)
The Standing Committee for Development of the
Municipal Council shall deal with matters of agriculture, soil conservation,
social forestry, animal husbandry, dairy development, minor irrigation,
fisheries, small scale industry, co-operation and institutional finance and
shall prepare the development plans for the Municipal Council integrating the
proposals of other Standing Committees;
(f)
The Standing Committee for Welfare of the
Municipal Council shall deal with matters relating to the welfare of women and
children, development of scheduled castes and scheduled tribes, social welfare,
social security pension and financial assistance, poverty alleviation, slum
improvement and public distribution system;
(g)
The Standing Committee for Health and
Education of the Municipal Council shall deal with the matters of public health
and health services, sanitation, control of dangerous and offensive trade,
education, art, culture and sports etc.;
(h)
The Standing Committee for Works of the
Municipal Council shall deal with matters of public works, housing, town
planning including regulation of building constructions, environment,
electricity, water supply, drainage and sewerage;
(i)
The Standing Committee for Finance of the
Municipal Corporation,
(i)
shall supervise the utilization of budget grants
and watch carefully the timely assessment and collection of taxes, fees, rents
and other sums due to the Municipal Corporation;
(ii)
shall inspect frequently the accounts of
Municipal Corporation;
(iii) shall watch carefully the release of grants from the Government
and its proper utilization;
(iv)
shall conduct monthly audit of accounts and
check the monthly demand, collection and balance and abstract of receipts and
expenditure of the preceeding month as furnished by the Secretary;
(v)
may, subject to such rules as may be
prescribed, write off the sums due to the Council as appears to the Committee
as irrecoverable;
(vi)
shall scrutinise the annual accounts,
demands, collection and balance;
(vii) shall prepare and present the budget estimate before the
Council under Section 286;
(viii) shall verify whether any amount proposed to be expended
by the Municipal Corporation is within the budget provisions approved by the
Council and whether there is sufficient fund for this purpose;
(ix)
shall enquire into the allegations against
the employees of the Municipal Corporation if directed by the Council and bring
the result of it to the notice of the Council;
(j)
The Standing Committee for development of the
Municipal Corporation shall deal with matters of agriculture, soil
conservation, social forestry, animal husbandry, dairy development, minor
irrigation, fisheries, small scale industries, co-operation, institutional
finance and prepare the development plans of the Municipal Corporation
integrating the proposal of other Standing Committees;
(k)
The Standing Committee for Welfare of the
Municipal Corporation shall deal with matters of Welfare of women and children,
development of Scheduled Caste and Scheduled Tribe, Social Welfare, Social
Security Pension and Financial Assistance, Slum improvement and Public
distribution system;
(l)
The Standing Committee for Health and
Education of the Municipal Corporation shall deal with matters of public health
and health services, sanitation, education and sports;
(m)
The Standing Committee for Works of the
Municipal Corporation shall deal with matters of public works, housing,
electricity, water supply, drainage and sewerage;
(n)
The Standing Committee for Town-Planning of
the Municipal Corporation shall deal with matters of town planning including
regulation of building constructions, environment, urban beautification,
promotion of art and culture and preservation of monuments and places and
buildings of archaic importance; heritage value and natural beauty;
(o)
The Standing Committee for Appeal relating to
Tax of the Municipal Corporation shall dispose of appeals on taxation and give
directions to the Secretary to levy tax in respect of cases which escaped
assessment and to reassess under valued cases.
(2)
The Standing Committee of the Municipalities
may, exercise such other powers and discharge such other functions as entrusted
to it by the Council in the respective subjects in addition to the powers and
functions conferred on it under sub-section (1).
(3)
Every resolution passed by the Standing
Committee shall be placed in the next meeting of the Council and the Council
shall have power to modify the same if found necessary]
Section 23 - Steering Committee
(1)
In every Municipality there shall be a
Steering Committee consisting of the Chairperson, Deputy Chairperson, and
Chairmen of Standing Committees and Chairperson shall be the Chairman of the
said Committee.]
(2)
Steering Committee shall,-
(a)
co-ordinate and monitor the functioning of
the Standing Committees,
[(b) xxxx]
(c) discharge the
powers and functions entrusted to it by the Council.
Section 24 - xxxx
[Omitted]
Section 25 - Committee's power to call for records etc
Notwithstanding
anything contained in this Act, a Standing Committee may, for the discharge of
the functions assigned to it, require the Secretary or any other employee of
the Municipality to produce any record, report, return, document and other
particulars and may require him to be present at the meeting of the Committee
for seeking further information, as it may deem fit, and he shall be bound to
comply with such requisition.
Section 26 - Functions of the Chairman of the Standing Committee
[Functions of the Chairman of the Standing Committee]
[(1) xxxx]
[(2) xxxx]
[(1)] The Chairman of a Standing Committee shall preside
at its meetings and in his absence, a member chosen by the members present from
among themselves shall preside over the meeting.
(2) A member
presiding at a meeting of the Standing Committee shall, while so presiding,
have all the powers and be subject to all the obligations of the Chairman.
(3) The person
presiding over the meeting shall control the meeting and shall decide all
points of order and procedure arising at or in connection with a meeting.]
Section 27 - Term of office of Chairman of Standing Committee
(1)
The Chairman of a Standing Committee, Mother
than that of a Standing Committee for Finance] may, unless sooner resigns, hold
office as such so long as he continues as a member of that Committee.
(2)
Where a vacancy occurs in the office of a
Chairman referred to in sub-section (1), the Standing Committee shall at its
next meeting, elect a member to be its Chairman.
(3)
A member elected under sub-section (2) shall
hold office for the remaining term of office of the person in whose place he
was elected.
(4)
Where a vacancy occurs in the office of
Chairman [of a Standing Committee for Finance], a member chosen by the
members of that Committee from among themselves shall act as Chairman until a
person to fill the vacancy is elected.
Section 28 - Power to resign
[(1) A member other than an ex-officio member of a
Standing Committee and the Chairman of a Standing Committee other than the
Standing Committee for Finance may resign his Chairmanship or membership, as
the case may be, of the Standing Committee by tendering resignation to the
Secretary in the form prescribed and the resignation shall take effect from the
date of its receipt by the Secretary and the Secretary shall report the fact
forthwith to the Chairperson and the Council.
(2) The person
who resigns his membership or chairmanship of the Standing Committee may,
either tender his resignation directly or send through registered post if such
resignation letter is attested by a gazetted officer, as the case may be, to
the Secretary and the Secretary shall acknowledge receipt of the same.
(3) If a Standing
Committee cannot function effectively due to the resignation of the majority of
the members there from, or due to any other reason, the powers and functions of
that Standing Committee shall vest in the Steering Committee till its
reconstitution]
Section 29 - Administration of Municipality
Subject
to the provisions of this Act, the Administration of the Municipality shall
vest in the Council, and the Council shall, if necessary, be entitled to
exercise, in the manner prescribed, the functions expressly assigned by or
under this Act or any other law to the Chairperson, the Secretary, a Standing
Committee or any other Committee.
Section 30 - Powers, functions and responsibilities of Municipality
[(1) The administration of a Municipal area in respect of
the matters enumerated in the First Schedule shall, subject to the provisions
of this Act and such other provisions as may be prescribed in this behalf and
the provisions of other Acts and the rules made thereunder vest in the
Municipality and it shall have the power and responsibility to prepare and
implement schemes for economic development and social justice in relation to
the matters enumerated in the First Schedule:
Provided
that, it shall be the duty of the Municipality to render necessary service to
the inhabitants of the Municipal area in respect of the matters enumerated as
mandatory functions in the First Schedule];
(2) Municipality
shall have such powers, authority and responsibilities of the Government [as
prescribed], to enable it to function as an institution of self government in
respect of the matters entrusted to it.
(3) The Government shall, as soon as may be after
the coming into force of this Act, transfer all institutions, schemes,
buildings, other properties, nssets and liabilities connected with the matters
mentioned in the First Schedule, to the Municipalities concerned.
(4) The Central and State Plan allocations, for
the time being in force and the annual budget allocation in respect of the
subjects transferred to the Municipalities by the Government shall be wholly
allotted to the respective Municipalities.
[(5) The municipality shall manage to institutions and
administer the schemes transferred to it, subject to the guidelines and
technical directions from the Government and in accordance with the State and
National policies.
(6) Every institutions transferred by Government
to the Municipality shall be in the name of that Municipality and shall be
known accordingly.
(7) The
Municipality shall not have power to sell, transfer, alienate or mortgage any
property transferred to it under sub-section (3).
(8) Government
may resume any property transferred to the Municipality, if it is no more
required by the Municipality for the purpose for which it was so transferred.
(9) There shall
be constituted a Managing Committee consisting of not more than fifteen members
including its chairman in the prescribed manner for public health institutions transferred
to the Municipality.
(10) Where any
scheme, project or plan involves selection of beneficiaries, the criterion for
the eligibility and priority for such selection shall be determined by the
Municipality subject to the terms and conditions of the scheme, project or plan
and such criteria shall be published in the prescribed manner and shall be
Intimated to the Ward Committee or the Ward Sabha concerned.
(11) The Municipality shall invite applications for the
selection of beneficiaries and prepare the draft priority list after making
enquiry on the applications received In this behalf and send it for the
consideration of the Ward Committee or the Ward Sabha concerned.
(12) The Ward Committee or the Ward Sabha shall
scrutinise the draft priority list for the selection of beneficiaries in a
meeting convened inviting the applicants also and prepare the final list and
forward it for the approval of the council.
(13) The Council
shall not alter the priority of the list prepared by the Ward Committee or the
Ward Sabha.]
Section 31 - Rights and Powers of Councillors
(1)
Every Councillor of a Municipality shall have
the right-
(a)
[to call the attention of the Chairperson or Secretary of
the Municipality to any neglect in the execution of municipal work, to any waste
of municipal property, or to the needs of any locality in the municipal area,
to inspect the works or schemes conducted by the Municipality] and may suggest
improvements which may appear to him desirable;
(b)
to move resolutions and to interpolate the Chairperson
on matters connected with the Administration of a municipality subject to such
regulations, as may be framed by the Council;
(c)
of access to the records of the Municipality
during office hours after due notice to the Secretary, provided that the Commissioner
may, with the approval of the Chairperson, for reasons given in writing, refuse
such access.
Section 32 - Council's power to call for records
The
Council may, at any time, require the Secretary to produce any record or
document, in his custody relating to the Municipality.
Section 33 - Council's power to call for records of Committees
The
Council may, at any time, call for any extract from the proceedings of the
Standing Committees or of any other committees or any return, statement,
account or report relating to any matter which such committee is empowered to
deal with and every such requisition shall be complied with by the Secretary.
Section 34 - Obligation of the Standing Committee etc., to carry out Council's resolutions
Every
Standing Committee, other committees and the Secretary shall be bound to give
effect to every resolution of the Council unless such resolution is suspended
or cancelled.
Section 35 - Appointment of Committees
(1)
The Council may, subject to the provisions of
the Act, constitute Committees for the purpose of exercising such powers,
discharging such duties or performing such functions, as it may delegate to
them, and may appoint any Councillor or Committee to enquire into and report or
advise on any matter referred to him or it.
(2)
The Council may specially invite as members
of any Committee, persons who are not Councillors but who may, in the opinion
of such council, possess special qualifications for serving in such Committee:
Provided
the number of persons so invited shall not, in any case, exceed one-third of
the total number of the members of that Committee.
Section 36 - Rules and Regulations fox proceedings of the Council, the Standing Committees and other Committees
(1)
The proceedings of the Council, the Standing
Committees and other Committees of a Municipality shall be governed by such
rules, as may be prescribed, and such regulations, as may be made by such
Council in accordance with the model Regulations provided by the Government.
(2)
The rules and regulations made under sub-section
(1) may contain the following matters, namely:-
(a)
the time and place of meetings;
(b)
the manner In which notice of meetings shall
be given;
(c)
the preservation of order and the conduct of
proceedings at meetings and enforcing decisions on points of order and taking
decisions on disputes and the powers, the Chairperson or Chairman, as the case
may be, may exercise;
(d)
the division of duties among the members of
the Council; (e) the constitution and procedure of Committees;
(e)
fixing the quorum of the Council and
Committees;
(f)
the delegation of powers, duties or functions
to the Chairperson, Chairman, Councillor, or an officer or an employee of the
Municipality or to a Committee or to its Chairman or to any of its members; and
(g)
any other matter as may be necessary for
regulating the proceedings.
(3)
Every matter coming before the council for
decision shall be decided by the majority of votes of the elected Councillors
present and in all cases of an equality of votes, the person presiding over the
meeting shall have a casting vote, unless otherwise provided in this Act.
[(4) Every Councillor present at the meeting, if voted
against any resolution passed by the Council, shall have the right to present
to the Secretary a dissenting note regarding such resolution, within
forty-eight hours of the conclusion of the meeting.
(5) A copy of the
minutes of every meeting of the Municipality and copy of the dissenting note,
if any, received under sub-section (4) shall be forwarded by the Secretary
within ten days after the date of the meeting, to the Government or to the
officer authorised by the Government in this behalf.]
Section 37 - Constitution and proceedings of a Joint Committee
(1)
The Council of a Municipality may, [if
the Local Self Government Institutions so decide or if so required by the
Government], [join
with any other Local Self Government Institutions] to constitute a Joint
Committee for any purpose in which they are jointly interested or for any
matter for which they are jointly responsible.
[(2) The Joint Committee shall not include any person as
member who is not a Councillor or a member of a Panchayat, but any person who
in the opinion of the Committee, possesses special qualifications for serving
in that Committee, may be allowed to participate as special invitees in the
meetings of the committee.]
(3) The
Constitution and proceedings of a Joint Committee shall be governed by such
regulations as may be made by [the
Local Self Government institutions concerned with their mutual agreement],
which shall include provisions for all or any of the following matters namely:-
(a)
the total number of members of a Joint
Committee; (b) the number of Councillors and other persons who shall be members
of the Joint Committee;
(b)
quorum of the Joint Committee;
(c)
the appointment of the Chairman of the Joint
Committee and the manner of appointment;
(d)
the term of office of the members and the
Chairman;
(e)
the powers [of
the Local Self Government Institution concerned) which may be exercised by the
Joint Committee; and
(f)
the procedure to be followed by the Joint
Committee.
(4) [The
Local Self Government Institutions concerned may, with their mutual agreement],
vary or revoke regulations made under sub-section (3).
(5) Notwithstanding
anything contained in sub-section (3). Government may issue such directions as
they think necessary or desirable in respect of all or any of the matters
referred to therein and the Joint Committee shall be bound to comply with such
directions.
(6) Where any
dispute or difference of opinion arises between [the
Local Self Government Institutions] in respect of the constitution or
functioning of a Joint Committee under this section it shall be referred to the
Government, whose decision thereon shall be final.
Section 38 - Presidency of Council
(1)
Every meeting of the Council of a
Municipality shall be presided over by the Chairperson or in his absence by the
Deputy Chairperson or [the
Chairman of the Standing Committees in the order specified in sub-section (1)
of section 20 and in that absence], by a Councillor chosen by the Councillors
present from among themselves:
Provided
that, where two or more Councillors are proposed and seconded the Secretary,
or, in his absence, the officer authorised to perform the functions of the
Secretary shall conduct the election in such manner, as may be prescribed.
(2)
The Chairperson or the person presiding shall
control the meeting and shall decide all points of order arising at or in
connection with a meeting. There shall be no discussion on a point of order and
the decision taken by the Chairperson or the person presiding shall, save as
otherwise provided in this Act, be final.
(3)
Where any member behaves in a disorderly
manner and causes obstructions to the Conduct of a meeting, the Chairperson or
the person presiding shall direct such member to withdraw forthwith and if
disobeyed, he shall be suspended from the meeting [for
the day by the Chairperson or the person presiding] and the member suspended
shall, immediately thereafter withdraw from the meeting, failing which he shall
be removed by using reasonable force, if necessary:
[x xxx]
(4)
The person presiding shall, while so
presiding, have all the powers of the Chairperson.
Section 39 - Councillor when to abstain from taking part in discussion and voting
(1)
No Councillor shall vote on, or take part in,
a discussion on any question coming up for consideration at a meeting of the
Councilor any Committee, in which he has any direct or indirect interest.
(2)
The Chairperson may prohibit any Councillor
from voting, on, or taking part in, the discussion of any matter in which he
believes such Councillor to have such interest or he may require such
Councillor to absent himself from the meeting during such discussion.
(3)
Such Councillor may challenge the decision of
the Chairperson who shall, thereupon, put the question to the meeting for a
decision which shall be final.
(4)
Where a Chairperson is believed by a
Councillor present at a meeting to have any pecuniary interest in any matter
under discussion, he may, if a motion to the effect be carried, be required to
absent himself from the meeting during such discussion.
(5)
The councillor concerned or the Chairperson
shall not be entitled to vote on a question referred to in sub-section (2) of
on a motion referred to in sub-section (4). as the case may be.
Explanation.-
Chairperson In this section includes a person presiding over the meeting of a
Council or a Standing Committee or any other Committee.
Section 40 - The resignation of the Chairperson, Deputy Chairperson or Councillor
[(1) The Chairperson, Deputy Chairperson or any other
Councillor of a Municipality may resign his office by tendering resignation to
the Secretary of the Municipality in the form prescribed and the resignation shall take effect from the date of its receipt by the
Secretary and the Secretary shall report the fact forthwith to the Council and
to the State Election Commission.
(2) The Chairperson, Deputy Chairperson or the
Councillor who resigns his office may, either tender his resignation directly
or send through registered post if such resignation letter is attested by a
Gazetted Officer, as the case may be, to the Secretary and the Secretary shall
acknowledge receipt of the same.
(3) Where any
dispute arises in respect of any resignation, it shall be referred to the State
Election Commission for decision and its decision thereon shall be final:
Provided
that no such dispute referred after the expiry of fifteen days from the date of
effect of the resignation shall not be considered by the State Election Commission]
Section 41 - Duty of Chairperson, Deputy Chairperson, etc., vacating office to hand over charge of office
(1)
When a new Chairperson or Deputy Chairperson
or Chairman of a Standing Committee is elected or when a special officer or
Administrative Committee is appointed, the Chairperson or the Deputy
Chairperson or the Chairman of a Standing Committee or Special Officer or
Administrative Committee vacating office shall, as the case may be, hand over
charge of their office to the above mentioned persons concerned and shall hand
over all records and properties belonging to the Municipality which are in
their custody to the persons who so assume charge,
(2)
The provisions of sub-section (1) shall,
mutatis mutandis, apply to the handing over the charge of office by a
Councillor vacating his office.
Section 42 - Constitution of Ward Committees
[ In every Municipality where the population exceeds one
lakh, there shall be constituted a Ward Committee for each ward of that
Municipality as provided in Section 43, within three months from the date of
its constitution.
Section 42A - Constitution of Ward Sabhas
(1)
In every Municipality where the population
does not exceed one lakh, there shall be a Ward Sabha for each of its Ward and
all persons included in the electoral roll of that ward shall be members of
that Ward Sabha.
(2)
The Councillor who represent a Ward shall be
Convenor of that Ward Sabha, but due to any reason, physical or otherwise, the
Convenor is unable to perform his function as such the Chairperson may appoint
a Councillor representing any adjacent ward as the Convenor.
(3)
The Ward Sabha shall meet at least once in
three months at a specified place and every meeting of the Ward Sabha shall be
presided over by the Chairperson or in his absence. Deputy Chairperson or any
Standing Committee Chairman authorised by the Chairperson or in their absence
by the Convenor.
(4)
The Convenor of the Ward Sabha shall convene
an extraordinary meeting of the Ward Sabha within fifteen days when a request
is made in writing by not less than ten per cent of the electors in the ward
for discussing the matters raised in the request:
Provided
that such special meeting shall be convened only once during the period between
two ordinary meetings.
(5)
The quorum of a ward sabha shall be ten per
cent of its total members:
Provided
that the quorum of a meeting of a Ward Sabha, postponed for want of quorum,
shall be fifty when convened subsequently.
(6)
The Convenor shall place before the Ward
Sabha, a report on the development programmes relating to the ward during the
preceding year and that are proposed to be undertaken during the current year
and the expenditure involved therein and a statement of the annual accounts and
the administration report of the preceding year.
(7)
The officers of the Municipality shall attend
the meeting of the Ward Sabha as required by the Chairperson and an officer
nominated by the Council as the co-ordinator of the Ward Sabha, shall assist
the convenor in convening its meetings, recording its decisions in the minutes
book and also in taking follow up action thereon.
(8)
The procedure for convening and conducting
the meeting of the Ward Sabha shall be such as may be prescribed.
(9)
The Ward Sabha may constitute sub-committees
consisting of not less than ten members to assist the implementation of any
scheme, policy or decision of the Ward Sabha generally or specially and in
furtherance of the rights and responsibilities of Ward Sabha.
(10)
Resolution may be passed on majority basis in
the meetings of the Ward Sabha in respect of any issue coming within the
jurisdiction of the Ward Sabha, but, as far as possible, effort should be made
to take decision on the basis of consensus.
Section 42B - Convening of meetings of the voters
A
Councillor representing a ward in any Municipality having a population of more
than one lakh may convene the meeting of the voters whose names are included in
the voters list of each ward for giving proposals to the Municipality regarding
the formulation of development schemes.)
Section 43 - Composition of Ward Committee
[ The Ward Committee shall consist of the following
members, namely:-
(a)
the Councillor of that ward who shall be its
Chairman;
(b)
fifteen persons to be elected in the manner
prescribed, from among the members of the resident's association of that Ward,
which are registered in the Municipality;
(c)
twenty members to be elected in the manner
prescribed from among the members of the registered neighbourhood groups of
that Ward which are registered in the Municipality;
(d)
one person each nominated by every political
party having representation in the Municipality;
(e)
the Heads of all recognised educational
institutions functioning in that Ward;
(f)
twenty persons nominated jointly by the
Chairperson and Councillor of the Ward, of whom,- '
(i)
ten shall be from the persons representing
the cultural organisations, voluntary organisations, educational institutions,
industrial-commercial establishments which are functioning in that ward;
(ii)
five shall be from persons representing those
working in that ward as professionals (experts in agriculture, industry,
health, education, engineering etc.); and
(iii)
five shall be from persons in the registered
trade unions:
Provided
that, the members nominated under items (i) and (ii) need not be the residents
of that ward].
Section 44 - Meeting of the Ward Committee
(1)
The Ward Committee shall meet at least once
in three months for discharging the duties and performing the functions as may
be assigned to it by the Council, from time to time.
(2)
The meeting of a Ward Committee shall be
convened by its Chairman.
(3)
The Chairman, or in his absence, a member
chosen, by the members present, from among themselves, shall preside over the
meeting.
(4)
The Secretary and the Heads of Departments in
the services under the Municipality shall attend the meetings of the Ward
Committee and produce any document or furnish any information or report
required by that Committee.
(5)
The procedure to be followed in respect of
quorum and details of a meeting shall be such as may be prescribed,
Section 45 - Functions of Ward Committees and Ward Sabhas
[(1) Ward Committee or Ward Sabha shall subject to such
manner and procedure as may be prescribed, exercise and perform the following
powers and functions, namely:-
(a)
assist the collection and consolidation of
details necessary for the formulation of development schemes for the
Municipality;
(b)
formulate proposals on development schemes to
be implemented in the Municipal area, determine the priority and make available
information regarding the functional schemes for the next three months;
(c)
prepare the final list of eligible
beneficiaries in the order of priority by finding out eligible applicants from
the Ward area based on the criterion prescribed in respect of the beneficiary
oriented schemes and to submit the same to the Municipality;
(d)
render necessary assistance for the effective
implementation of development schemes providing necessary local facilities;
(e)
seek and obtain detailed informations
regarding the development programmes implementing in the ward and observe its
implementation in accordance with the directions;
(f)
provide and mobilise voluntary service and
assistance in cash or kind for social welfare programmes;
(g)
prepare the order of priority as to the
location of street lights, water taps etc. and of public sanitation Units in
the street or at other public places, irrigation facilities and other public
utility schemes;
(h)
discuss and formulate literacy programmes
necessary for the Ward area, formulate schemes for imparting awareness
regarding matters of public interest like sanitation, environment protection,
pollution control etc. and to give protection from social evils like
corruption, false and fabricated transactions etc;
(i)
to promote harmony and unity among the people
belonging to different sections in the Ward area and to organise arts and
sports festivals for promoting goodwill among the people of that area;
(j)
to observe and assist the beneficiary
committees which are conducting developmental programmes in the Ward;
(k)
to verify the eligibility of persons getting
various kinds of welfare assistance from Government such as pension and subsidy
etc.;
(l)
to make aware the people for the prompt
payment of taxes, fees, rents and other sums due to the Municipality;
(m)
to co-operate with the employees of Ward area
in the sanitation arrangements of the area and rendering voluntary service in
the removal of garbage;
(n)
to encourage the residents of the ward area
to plant kitchen gardens and to engage in horticulture activities;
(o)
to identify the deficiencies in the systems
of water supply, street lighting etc. in the Ward area and to suggest remedial
measures;
(p)
to identify the lacunae and lapses in
following the building rules and in implementing spatial planning;
(q)
to assist the activities of the
parent-teacher associations in the schools in the Ward area;
(r)
to assist the functioning of public health
centres in the ward area;
(s)
to perform other functions as may be
prescribed.
(2) The Ward
committee or the Ward Sabha as the case may be, may in its ordinary meeting or
in a special meeting convened for the purpose, discuss the development
programmes of the previous year and it is entitled to know the amount earmarked
in the budget, the details about the plan out-lay and the object-wise
allocation of funds and also the details of the estimates and cost of materials
of the works executed or proposed to be executed in the Ward.
(3) The audit
report or performance audit report coming for the consideration of the Ward
Committee or Ward Sabha shall be discussed in its meeting and its opinion,
recommendations, and suggestions be communicated to the council concerned.]
Section 46 - Duties and rights of Ward Committees and Ward Sabhas
[(1) The Ward Committees and Ward Sabhas shall have the
following duties, namely:-
(i)
disseminate information regarding the
development and welfare activities;
(ii)
participate and propagate the programmes
regarding health and literacy and other similar time-bound development,
programmes;
(iii) Collect essential Socio-economic basic data;
(iv)
provide information by collecting the
progress regarding development activities;
(v)
adopt moral means for payment of taxes, repayment
of loans, improvement of environmental cleanliness and maintenance of social
harmony;.
(vi)
mobilise, resources locally to augment the
financial sources of the Municipality;
(vii) supervise development activities as voluntary groups;
(viii) make arrangements to report immediately the occurrence of
epidemics, natural calamities etc.;
(ix)
co-ordinate and implement the activities for
the protection of nature to import knowledge to the people on environmental
problem.
(2) The Ward
Committee and the Ward Sabha shall have the following rights, namely:-
(i)
to get information regarding the services to
be rendered and the activities proposed to be carried by the officers concerned
during the next three months;
(ii)
to get information on the detailed estimate
regarding the works proposed to be undertaken;
(iii) to know whether each decision of the council of the Ward
area is logical;
(iv)
to know about the follow up actions taken,
decision of the Ward Sabha and the Ward Committee, as the case may be, and
about the detailed reasons for not implementing any decision;
(v)
to get information regarding detailed town
planning schemes building construction permits etc. in the ward.]
Section 47 - Duration of the Ward Committee
The
duration of a Ward Committee constituted in a Municipality shall be co-terminus
with that of the Municipality.
Section 48 - The Secretary of Municipality
(1)
For every Municipality there shall be a
Secretary appointed by the Government, in consultation with that Municipality,
who shall be an officer of the Government [***],
and shall be the Executive Officer of the Municipality and the other officers
and employees of the Municipality shall be subordinate to him.
(2)
The Secretary shall not without the sanction
of the Municipality or the Government, undertake any work unconnected with his
office.
[(3)
The pay and allowances of the Secretary as fixed by the Government from, time
to time, shall in the first instance to be paid from the State Fund. The pay
and allowances paid to the Secretary and the contributions towards his leave
salary, pension and provident fund to the extend required by the conditions of
his service under the Government, to be made by him or on his behalf shall be
credited monthly to the State fund by the Municipality.
(3A)
Subject to the provisions of this Act, the Government shall by rules made under
the Kerala Public Services Act, 1968 (19 of 1968), regulate the
classifications, method of recruitment, conditions of service, pay and
allowances, discipline and conduct of the Secretaries appointed under sub-section
(1) and such rules may provide for the constitution of a separate service or
cadre, either for the whole State or for each district, for the Secretaries
along with such other Government servants as are considered necessary by the
Government.]
(4) The Government may grant leave to the Secretary and
appoint a substitute or nominate an officer to hold charge of his office during
his absence.
(5) The Secretary shall be the custodian of all Municipal
properties and records including all papers and documents connected with the
proceedings of the Council and the Standing Committees and other Committees,
and shall arrange for the performance of such functions, as may be entrusted to
him by the said bodies.
(6) The Government may, at any time, transfer the Secretary,
from a Municipality and If the Council, on the strength of a resolution, passed
at a special meeting convened for this purpose, by a simple majority vote of
the approved strength of the Council, recommends a transfer, the Government shall
do so:
[Provided that before considering such a resolution by
the council the Secretary shall be given an opportunity to give a
representation and if requested of being heard by the Council or the
Chairperson.]
(7) The Council shall, subject to the rules that may be made
in this behalf, be competent to impose minor penalties on its Secretary.
(8) An appeal may be filed against the order of the Council
imposing any minor penalty, before the authority (referred below as the
authority) authorised by the Government in this behalf.
(9) An appeal under sub-section (8) shall be in the
prescribed form and shall be submitted in such manner and within such date, as
may be prescribed.
(10) On
receipt of an appeal under sub-section (8), the authority, after giving the
person filing the appeal an opportunity of being heard, may either confirm,
cancel or revise the order against which the appeal is preferred or pass such
other order as it deems fit.
(11) The
Government may, either suo motu or on application, call for the records of any
order passed by the authority under sub-section (10) and may review such order
and pass such order in that regard, as it deems fit.
[(12) Where disciplinary proceedings have to be initiated
against the Secretary, the Chairperson shall have the power to conduct an
enquiry against him and in the case of imposition of a major penalty, to report
to the Government with approval of the council to take further action under the
rules applicable to the Secretary and the Government shall as soon as the
report is received, take appropriate action and intimate the final decision
taken thereon, in writing to the Chairperson.
(13) The
Government may by a general or special order designate any officer of the
Government transferred to the service of the Municipality as an ex-officio
Secretary and the person so appointed shall have all the powers and functions
of the Secretary, in respect of the subjects dealt with by them.]
Provided
that no application for review shall be entertained if it is preferred after 30
days from the date of receipt by the applicant of the order sought to be
reviewed:
Provided
further that the Government shall not pass any order affecting any party if
that party had not been given an opportunity for submitting a representation:
Provided
also that the Government shall not suo motu review an order, if more than one
year has elapsed since the date of the order sought to be reviewed.
Explanation.-
In this section minor penalty has the same meaning as is given to minor penalty
in the Kerala Civil Services (Classification, Control and Appeal) Rules. 1960.
Section 49 - Functions of the Secretary
[(1) Subject to the provisions of this Act and the rules
made thereunder, the Secretary shall.-
(a)
record his opinion in writing on all matters
with which he is concerned and which require the decision of the Chairperson,
the Council or the Standing Committee; and
(b)
implement the resolutions of the Council and
the Standing Committee:
Provided
that where the Secretary is of opinion that any resolution has not been legally
passed or exceeds the powers conferred by this Act or by any other law or by
the rules made thereunder or that if carried into effect it may endanger
communal harmony or public safety or it is contrary to the Central State
Policy, the Secretary shall request the council in writing to review the matter
and express his views during review by the council and if the council sticks on
to its earlier decision, he shall refer it to the Government for appropriate
action and decision, after intimating the matter to the Chairperson:
Provided
further that where, on review of the resolution, the council decides to
implement the same and the decision of the Government have not been intimated
within fifteen days from the date of reference to the Government, the Secretary
shall implement the said resolution and the matter be intimated to the
Government:
Provided
also that no approval of the Chairperson is required for the Secretary to refer
the matter to the council or the Government as aforesaid, but he shall give a
copy of the report sent to the Government, to the Chairperson;
(c)
furnish periodical reports to the council and
the standing committees, as the case may be, regarding the action taken or
progress made in implementing the resolutions of the council or the standing
committees;
(d)
implement the directions of the Chairperson:
Provided
that where the Secretary is of opinion that any direction given by the
Chairperson is in excess of the powers conferred under the provisions of this
Act or any other law or the rules made thereunder, he may first bring the
matter to the notice of the Chairperson and if the Chairperson repeats his
direction and if the Secretary sticks on to his earlier opinion, he shall
report that matter to the council in the manner as may be prescribed;
(e)
exercise such of the powers and perform such
of the functions as may be specifically conferred or delegated by or under this
Act;
(f)
incur the expenditure authorised by the council
or the Chairperson, subject to the budgetary provision;
(g)
make payments for all kinds of expenditure
authorised by the Municipality, either by cheque or in cash;
(h)
maintain and keep the accounts as to the
receipts and expenditure of the Municipality;
(i)
be responsible for the safe custody of the
Municipal fund;
(j)
keep the records in respect of the meetings
and proceedings of the council, standing committees and other committees;
(k)
take disciplinary action against the
Municipal employees with the knowledge of the Chairperson; and
(1)
assist the Chairperson and the council to
co-ordinate the functions of the officers and institutions transferred to the
Municipality.]
(2) All
litigations for or against the Municipality shall be conducted by or against
the Secretary.
Section 50 - Rights and duties of Secretary
(1)
The Secretary shall attend the meetings of
the Council and the meetings of the Standing Committee or any other Committee
of a Municipality and may take part in the discussions thereat; as an advisor,
but shall not have the right to move any resolution or to vote.
(2)
Subject to any direction given or any
restriction imposed by the Government or the Municipality, the Secretary may,
by order in writing, delegate any of his functions to any officer or employee
of the Municipality who shall be bound to carry out such functions. The
discharge of the functions so delegated shall be subject to such restrictions,
limitations and conditions as may be laid down by the Secretary and shall also
be subject to his control and revision.
(3)
The officer or employee to whom the power is
delegated under sub-section (2) shall have all the rights, privileges and
authority of the Secretary with respect to such functions and shall like-wise
be subject to all liabilities arising out of the exercise of such powers,
privileges or authority.
[(4) The Secretary shall for the discharge of his
functions vested in him by or [under
this Act or in any other law], have the power after informing the Chairperson
to incur expenditure not exceeding Rs. 25,000 out of the Municipal fund.]
[(5) The Secretary shall give the required information
regarding the functions of the Municipality to the Government or to the
officers or to the agency authorised by it.
(6) The Secretary
shall be responsible for furnishing necessary information to the Legislative
Committee or answer the Legislative Assembly interpellations and in order to
avoid delay, such information may be sent directly to the Government or to the
officer authorised by it in this behalf and thereafter submit to the
Chairperson for information.
(7) The Secretary
shall take follow up action on performance audit reports and other audit
reports.]
Section 51 - Preparation of Development plans by Municipalities
[(1) Ward Committee or Ward Sabha as the case may be]
shall prepare every year in such form, as may be prescribed, a development plan
for the ward along with an estimate of the expenditure therefor, for the next
year and after finalising it in a meeting held three months before a financial
year, submit the same to the Municipality concerned.
[(2) Every Municipality shall prepare every year a
development plan for the succeeding year considering the development plans
submitted by the Ward Committees or Ward Sabhas of the Municipality in the
prescribed manner for that Municipal area and submit the same to the District
Planning Committee before such date as prescribed].
Explanation.-
For the purpose of this section "development plan" means a
development plan for economic development, social Justice [Improvement
of living conditions, creation of employment opportunities and increase of
production capacity] in relation to matters enumerated in the Twelfth Schedule
to the Constitution including the matters to which the administrative power
vests in the Municipality under the provisions of this Act or any other law.
[3) Every
Municipality shall prepare a master plan for its development in the prescribed
manner with focus on scientific spatial planning taking into account its
resources and as per the fiscal investment and submit the same to the District
Planning Committee.
(4) Municipality
shall have the power to prepare and implement detailed town planning schemes as
per the laws relating to Town Planning for the time being in force subject to
the master plan approved by the Government]
Section 52 - Entrustment of Schemes to Municipalities for implementation
(1)
Notwithstanding anything contained in any law
for the time being in force, the Government may, subject to the condition, as
they may think fit to impose, entrust by an order published in the Gazette to a
Municipality, implementation of such schemes of economic development and social
justice including the schemes in relation to the matters enumerated in the
Twelfth Schedule to the Constitution, as they deem fit
(2)
Where the Government entrust a scheme under
sub-section (1) to a Municipality, they shall allot to that Municipality such
fund and staff as may be necessary to enable the Municipality to Implement the
scheme.
(3)
Where disciplinary action has to be initiated
against any officer as referred to in sub-section (2), the Chairperson
concerned shall have the right to conduct enquiry against such officer or
employee and report the same to Government.
(4)
Notwithstanding anything contained in
sub-section (3) a Municipal Council shall, subject to the rules as may be made
in this behalf, have power to impose minor penalties on any such officer or
employee.
Explanation.-
In this section 'Minor penalty' has the same meaning as is given to 'minor
penalty' in the Kerala Civil Services (Classification, Control and Appeal)
Rules. 1960.
Section 52A - Regulation of Municipal electrical undertakings
[ The administration of Municipality on any of the
undertakings for generating, transmitting, supplying and consuming the
electrical energy shall not be contrary to the Indian Electricity Act. 1910 (Central
Act 9 of 1910) or Electricity (Supply) Act, 1948 (Central Act 54 of 1948) or
the rules made under these Acts or the conditions in the licence issued to the
Municipality, and shall be subject to the conditions as may be prescribed].
Section 53 - District Planning Committee
(1)
The Government shall constitute in every
district, a District Planning Committee at the district level to consolidate
the plans prepared by the Panchayats and the Municipalities in a district and
to prepare a draft development plan for the district as a whole.
(2)
The Committee shall consist of fifteen
members of whom
(a)
twelve members shall be elected, in such
manner as may be prescribed, by and from amongst the elected members of the
Panchayats at the district level and of the Municipalities in the district in
proportion to the ratio between the population of the rural areas and of the
urban areas in the district:
(b)
the President of the District Panchayat in
that district;
(c)
one shall be a person having considerable
experience in administration and planning, nominated by the Government;
(d)
the District Collector concerned, ex-officio.
(3)
In sub-section (2),-
(i)
the members mentioned in clause (a) shall be
elected under the guidelines, supervision and control of the State Election
Commission;
(ii)
the President of the District Panchayat
mentioned in clause (b) shall be the Chairman of the Committee;
(iii)
[xxxx] and
(iv)
the District Collector referred to in clause
(d) shall be the Secretary of the Committee.
(4)
The district level officers of the departments
of the Government in the District shall be the Joint Secretaries of the
Committee.
(5)
The Members of the House of the People (Lok
Sabha) and the members of the Legislative Assembly of the State, representing
any area comprised in a district shall be permanent invitees of the District
Planning Committee of that district:
Provided
that where the area which a Member of the House of the People (Lok Sabha) or a
member of the Legislative Assembly of the State represents, comprises partly in
one district and partly in another district, he shall be a permanent invitee to
the District Planning Committee of both the districts in which the area he
represents is comprised.
(6)
A member of the Council of States (Rajya
Sabha) representing the State shall be a permanent invitee to the District
Planning Committee of the district in which he is registered as elector in the
electoral roll of any Municipality or Panchayat.
(7)
A member nominated to the Legislative
Assembly of the State shall be a permanent invitee to the District Planning
Committee of the district in which he ordinarily resides.
(8)
Where a Member of Parliament or a Member of
the Legislative Assembly of the State is appointed as Minister or elected as
Speaker or Deputy Speaker or appointed as the Government Chief Whip or
recognised as Leader of the Opposition, he may nominate a person from the area
he represents as Member to represent him in the District Planning Committee or
the District Planning Committees of the district or districts to which he was a
permanent invitee.
(9)
The Committee shall consolidate the plans
prepared by the Panchayats and the Municipalities in the district and prepare a
draft development plan for the district as a whole and perform such other
functions relating to district planning, as may be assigned to it by the
Government, from time to time, by notification in the Gazette.
(10)
The Committee shall, in preparing the draft
development plan,
(a)
have regard to-
(i)
matters of common interest between the
Panchayats and the Municipalities including spatial planning, sharing of water
and other physical and natural resources, the integrated development of the
infrastructure and environmental conservation; and
(ii)
the extent and the type of available
resources, whether financial or otherwise;
(b)
consult such institutions and organisations
as the Governor may, by order specify.
(11)
The Chairman shall forward the development
plan, as recommended by the Committee, to the Government for approval.
[(11A) The Government shall, while preparing the State
Plan consider the proposal and priorities included in the draft development
plans prepared for each districts by the District Planning Committee.
(11B) The District Planning Committee shall monitor the
quantitative and qualitative progress, especially its physical and financial
achievements, in the implementation of the approved district planning schemes
and State plans relating to the district and it shall evaluate the action
programmes already completed.)
(12)
The procedure to be followed in the meeting
of the Committee, including the quorum for such meeting, shall be governed by
such rules as may be prescribed.
Section 54 - Metropolitan Planning Committee
(1)
The Government shall, by notification in the
Gazette, constitute a Metropolitan Planning Committee in a Metropolitan area to
prepare a draft development plan for such area as a whole.
(2)
The Metropolitan Planning Committee shall
consist of fifteen members of whom.
(a)
ten shall be elected, in such manner as may
be prescribed, by and from amongst, the elected members of the Municipalities
and the Presidents of the Village Panchayats in the Metropolitan area in
proportion to the ratio between the population of the Municipalities and
Village Panchayats in that area;
(b)
five shall be nominated by the Government of
whom-
(i)
one shall be an officer of the rank of a
Secretary to Government or an eminent person having experience in local
administration or public administration;
(ii)
one shall be an officer not below the rank of
Senior Town Planner of the Town Planning Department;
(iii) one shall be an officer not below the rank of
Superintending Engineer of the Public Works Department;
(iv)
one shall be an officer of any Government
Department not below the rank of a Deputy Secretary to Government; and
(v)
one shall be the Collector of the district in
which the metropolitan area is comprised or where more than one district is
comprised in the metropolitan area one of the Collector of such districts as
the Government may determine.
(3)
The members mentioned under clause (a) to
sub-section (2) shall be elected under the guidelines, supervision and control
of the State Election Commission and one among them shall be elected as the
Chairman.
(4)
The officer nominated under item (iv) of
clause (b) of sub-section (2) shall be appointed as the Member Secretary of the
Committee.
(5)
Where the Government are of opinion that
representation of the Central or State Government and of any organisation or
institution is necessary for carrying out the functions assigned to the
Metropolitan Planning Committee, they may provide for the inclusion Mas
invitees) of the representatives of the Government, either of the Central or
the State, and of such organisation or institution in the Committee for the
limited purpose of carrying out the functions so assigned to it.
(6)
The Metropolitan Planning Committee shall
prepare draft development plan for the Metropolitan area as a whole and perform
such other functions relating to planning and coordination for the Metropolitan
area as may be assigned to it by the Government, from time to time.
(7)
The Metropolitan Planning Committee shall, in
preparing the draft development plan-
(a)
have regard to-
(i)
the plans prepared by the Municipalities and
the Panchayats in the Metropolitan area;
(ii)
matters of common interest between the
Municipalities and Panchayats including the co-ordinated spatial planning of
the area, sharing of water and other physical and natural resources, the
integrated development of infrastructure and environmental conservation;
(iii) the overall objectives and priorities set out by the
Central or the State Government;
(iv)
the extent and the nature of investments
likely to be made in the Metropolitan area by agencies of the Central and the
State Governments and other available resources, whether financial or
otherwise;
(b)
consult such institutions and organisations
as the Governor may, by order, specify.
(8)
The Secretary shall forward the development
plan, as recommended by the Metropolitan Planning Committee, to the Government
for approval.
(9)
The procedure to be followed in the meeting
including the quorum for such meeting shall be governed by such rules as may be
prescribed.
Section 55 - State Development Council
[(1) The Government shall, by notification in the
Gazette, constitute a State Development Council and it shall consist of the
following members,
(a)
the Chief Minister who shall be its Chairman;
(b)
members of the Council of Ministers of the
State, the Leader of Opposition of the State Legislative Assembly, who shall be
its Vice-Chairman;
(c)
the Chairmen of the District Planning
Committees;
(d)
the Mayors of the Municipal Corporations;
(e)
two Chairpersons of the Municipal Council,
two Chairpersons of the Town Panchayat two Presidents of the Block Panchayat
and two presidents of the Grama Panchayat, nominated by the Government;
(f)
the Vice-chairman of the State Planning
Board; and
(g)
the Chief Secretary who shall be its
Member-Secretary.
(2) The State
Development Council shall,
(a)
formulate policy for local level development
and regional level development;
(b)
co-ordinate the District Plans and the State
Plans;
(c)
formulate policy necessary for strengthening
Local Self Government Institutions;
(d)
deal with common issues concerning
development among the districts.
(3) The State Development Council shall meet at
least once in six months].
Section 56 - Power of Government for purposes of control
Chapter V
[Functions of the Government]
(1)
Government or the officer authorised by them
in this behalf may inspect any office under the control of the Municipality or
any movable property kept therein or any immovable property or any work which
is in progress.
(2)
The Government or the officer authorised by
them in this behalf may-
(a)
call for any document in the Custody of the
Municipality;
(b)
require the [Chairperson
or the Secretary] to furnish any return, plan, estimate, statement, account or
statistics;
(c)
require the [Chairperson
or the Secretary] to furnish any information or report or any matter relating
to the Municipality; and
(d)
record in writing any observation for the
consideration of the Council, Chairperson or Secretary, as the case may be, in
regard to the proceedings or functions of the Council, Chairperson or
Secretary.
[(3) The Chairperson, Secretary and other officers shall
be liable for facilitating the exercise of the powers under sub-section (1) and
for fulfilling the requirements under sub-section (2) .
(4) The Government or the officer authorised by
them under sub-section (2) shall return to the Municipality any document,
register or records received from it within ninety days from the date of its
receipt and if necessary, the Government may keep certified copies of the same.
(5) The
Government may arrange for the conduct of periodical performance audits with
respect to the administration of the Municipality and the works and schemes
implemented or being implemented by the Municipality in the manner prescribed.]
Section 57 - Power to suspend and cancel resolutions etc
[(1) The Government may, suo motu or on a reference by
the Chairperson the Secretary, or a Councillor of the Municipality or on a
petition received from a citizen, cancel or amend a resolution passed or a
decision taken by the council, which in their opinion,
(a)
has not been legally passed or taken; or
(b)
is in excess or abuse of the powers conferred
by this Act or any other law; or
(c)
is likely to endanger human life, health
safety, communal harmony or public peace, or is likely to lead to a riot or
quarrel; or
(d)
has violated the guidelines issued by the
Government in the matter of Implementation of plans, schemes or programmes or
the conditions of grants.
(2) Before cancelling, or amending a resolution or
decision under sub-section (1), the Government shall refer the matter for the
consideration of the Ombudsman constituted under Section 271 G of the Kerala
Panchayat Raj Act. 1994 (13 of 1994) or to the Tribunal for the Local Self
Government Institutions constituted under Section 271 S of the said Act and the
Tribunal shall, after giving the Municipality an opportunity of being heard,
furnish a report to the Government with its finding based on which the
Government may cancel, amend or approve that resolution or decision.
(3) The
Government shall not entertain any petition for cancellation or amendment of
any resolution or decision of the council if an alternate redressal is
available to the petitioner through the Tribunal under section 509.
(4) Where the Government are of opinion that a
resolution or a decision of the Council shall be cancelled or amended under
sub-section (1), they may temporarily stay the implementation of such
resolution or decision and may direct the council to keep its implementation in
abeyance till it is finally disposed of by completing the procedure under
sub-section (2)].
Section 58 - Power of the Government to issue direction to Municipality
[(1) Notwithstanding anything contained in this Act, the
Government shall have the power to issue directions to the Municipality in
accordance with the National and State policies in matters of finance,
maintenance of accounts, office management, selection of schemes, sites and
beneficiaries, proper functioning of Ward Sabhas and Ward Committees, welfare
programmes, environment control etc. and the Municipality shall comply with
such directions.
(2) Where default
or abuse of power in the implementation of schemes or maintenance of accounts
is reported or specific complaint has been received in the matter, the
Government may arrange for such enquiry as it deems fit and the Municipality
shall co-operate with that enquiry.
(3) After such
enquiry, the Government may take actions which are necessary and permissible
under this Act].
Section 59 - Delegation of powers etc
(1)
The Government may, by notification in the
Gazette, authorise one or more officers to exercise any of the powers vested in
them under this Act, except the power to make rules, in respect of any
Municipality or all Municipalities and in like manner withdraw such
authorisation.
(2)
The exercise of any of the powers delegated
under sub-section (1) shall be subject to such restrictions and conditions as
may be specified in the notification. The Government shall also have the power
to control or review the acts or proceedings of any person so authorised.
Section 60 - xxxx
[Omitted]
Section 61 - Action by Government in default of Municipal Authority
[(1)] Where, at any time, it appears to the Government
that a Municipal authority has made default in performing any duty imposed on
it by or under this Act or any other law for the time being in force, they may,
by order in writing, direct such authority to perform the duty within such
period, as may be specified, therein, and such authority shall be bound to
comply with such direction.
[(2) If such duty is not performed or such order is not
carried out within the period specified under sub-section (1), the Government
may, after giving a reasonable opportunity to the Municipality, to its
chairperson or to the Secretary, as the case may be, to show cause why further
action should not be taken under this section, appoint any officer or authority
to perform the duty or to carry out the functions and the expenses to be
incurred for that shall be paid from the funds of the Municipality within such
time as determined by the Government.
(3) If the
expenses directed by the Government to be paid from the fund of the
Municipality under sub-section (2) is not paid in the manner specified orders
may be passed directing the person having the custody of the said fund to pay
it in priority to any other charge against that fund, except service charges of
authorised loans, or deduct that amount from the share of taxes or any grant
due to the Municipality.
(4) The person
referred to in sub-section (30) shall, as far as the funds in the account of
the Municipality permits be liable to comply with the order passed by the
Government under that sub-section.]
Section 62 - Power of Government to undertake certain works
The
Government may, with the consent of a Municipality, undertake on its behalf the
construction of water supply, drainage or any other work, appoint any officer
or person
to
carry out the construction of such works and direct that the expenses including
the pay and allowances of such officers be paid from the Municipal fund in
priority to any charges except charges for the service of authorised loans.
Section 63 - Annual Administration Report
[(1) Every Municipality shall in accordance with the
provisions of this section publish a report of its administration in each year
in such form and with such details as the Government may direct, within the
thirtieth day of September of the succeeding year and where the report is not
published within the said time limit, the Government may withhold the payment
of grants due to the Municipality thereafter.
(2) The draft of
the Administration Report in respect of the institutions, offices and officers
under the control of the Municipality shall be prepared by the heads of such
institutions and offices and furnish to the Secretary of the Municipality and
he shall prepare the draft of the administration report of that Municipality in
consultation with the Chairperson and place it before the Standing Committee
for Finance for scrutiny and then to the Council for approval.
(3) The Administration Report of the Municipality
as approved Council and published shall
be forwarded to the officer authorised by the Government and that officer shall
before the thirty first day of December every year submit to Government a
consolidated report containing abstracts of the administration reports of the
Municipalities.
(4) The Government shall, as soon as may be, after
the receipt of the consolidated report lay the same, along with a review report
of the Government before the Legislative Assembly in its next session and such
laying shall be within forty-five days from the first day of the session. ]
Section 64 - Power of Government to dissolve Municipality
[(1) Before the expiry of a financial year, if the
council fails to approve, the budget of the Municipality for the succeeding
financial year, and if, for that reason, there is financial crisis to the
Municipality or if the majority of the councillors resign or have been
disqualified, the Government may, by notification in the Gazette, dissolve the
Municipality from such date as may be specified therein and shall forward a
copy thereof to the State Election Commission.
Provided
that before such dissolution, the Municipality shall be given a reasonable
opportunity of being heard.
(1A) Where the
Government are of opinion that a Municipality consistently makes default in
performing the duties Imposed on it by law or in carrying out the orders or
directions issued in accordance with law by the Government or exceeds or abuses
its powers, they may, by notification in the Gazette, dissolve the said
Municipality and shall forward a copy thereof to the State Election Commission:
Provided
that the Government shall, before such dissolution communicate to the
Municipality their intention to dissolve the Municipality giving reasons
therefore and give the Municipality a reasonable opportunity to show cause
against the same and consider its objection or explanation, if any:
Provided
further that if, after considering the objection or explanation of the Municipality,
it is considered that the Municipality shall be dissolved the advice of the
Ombudsman constituted under Section 271G of the Kerala Panchayat Raj Act 1994
(Act 13 of 1994) shall be sought and the final decision shall be taken on the
basis of that advice.]
(2) A Municipality dissolved [under
sub-section (1) or sub-section (1A)] shall be reconstituted within such time as
the Government may specify in that behalf which shall not be later than six
months from the date of dissolution:
Provided
that where the remainder of the period for which the dissolved Municipality
would have continued is less than six months, it shall not be necessary to hold
any election for reconstituting the Municipality for such period.
[(3) xxxx]
(4) Upon the
dissolution of a Municipality [under
sub-section (1) or sub-section (1A)] all the Councillors, including the
Chairperson and the Deputy Chairperson shall forthwith be deemed to have
vacated their offices.
[(5) xxxx]
(6) A
Municipality which is constituted upon dissolution before the expiration of its
duration shall continue only for the remainder of the period for which the
dissolved Municipality would have continued had it not been so dissolved.
(7) Every notification issued [under
sub-section (1) or sub-section (1 A)I shall, as soon as may be, after it is
issued, be laid before the Legislative Assembly while it is in session and if
it is not in session, at the commencement of the ensuing session and the
approval of the Assembly obtained.
Section 65 - Appointment of Special Officer or Administrative Committee for the administration of Municipality
[Appointment of Special Officer or Administrative
Committee for the administration of Municipality]
[(1) Where the term of a Municipality has been expired and
a new Municipality has not been constituted or where a Municipality has been
dissolved under Section 64, Government shall, by notification in the Gazette,
appoint a Special Officer or an Administrative Committee consisting of not less
than three members who are Government employees for the period as maybe
specified in the notification for the administration of the Municipality:
Provided
that, the term of appointment shall, not in any case be exceeded six months.]
[(A) xxxx]
(2) The Administrative Committee or the Special
Officer appointed under sub-section (1) shall, subject to the control of the
Government and to such instructions or directions as the Government may issue,
from time to time, have all the powers and functions of the Council, the
Chairperson, the Deputy Chairperson and the Committees of the Municipality and
take all such actions as may be required in the interests of the Municipality.
(3) The Administrative Committee or the Special
Officer appointed under sub-section (1) shall, notwithstanding that the period
of appointment under the said sub-section has not expired, cease to hold office[with
effect from the date of reconstitution of the Municipality].
Section 66 - xxxx
[Omitted]
Section 67 - xxxx
[Omitted]
Section 68 - Elections to Municipalities
The
superintendence, direction and control of the preparation of electoral rolls,
for, and the conduct of, all elections to the Municipalities shall vest in the
State Election Commission.
Section 69 - Division of Municipalities in to wards for election, reservation etc
(1)
For the purpose of election of Councillors to
Municipalities, [State
Election Commission or the officer authorised by it in this behalf] shall,
after previous publication of the proposals inviting objections or suggestions,
if any and after considering the same, divide the Municipalities into as many
wards as there are number of seats as notified under section 6 [and
determine the boundaries thereof]:
Provided
that the population of each ward in a Municipality shall, as far as
practicable, be equal.
(2)
Copies of the proposals published and final
orders issued under sub-section (1) shall be published by affixing copies
thereof on the notice board of the office of the Municipality concerned, and in
such conspicuous places within the concerned municipal area. The fact of such
publication shall be published in the Gazette and in two local newspapers
having wide circulation within the municipal area concerned.
(3)
Only one Councillor shall be elected for each
ward and election shall be by secret ballot.
(4)
A person whose name has been included in the
electoral roll of a ward shall be entitled to vote in an election to that ward.
(5)
No delimitation of wards or change of wards
for the purpose of reservation shall be made in a Municipality after its
constitution except for the purpose of general election to that Municipality
and no such delimitation or change of wards shall, in any manner, affect the
existing Municipality.
Section 69A - Review of Pinal orders by the State Election Commission
[(1) The State Election Commissions may, either suo moto
or on application, review any order passed under section 69 and pass such
orders as it may deem fit.
(2) An
application for review under sub-section (I) shall be submitted within fifteen
days from the date of passing of the final order on which the compliant is
based:
Provided
that the time taken for obtaining a copy of the order against which the
complaint has been filed shall be excluded from calculating the said fifteen
days.
(3) Any order issued by the State Election
Commission under sub-section (1) shall be published, as soon as may be after it
is issued, by affixing in the notice board of the concerned Municipality and in
a conspicuous place within such Municipal area and the fact of such publication
shall be published, in the Gazette and in two local newspapers having wide
circulation in the concerned Municipal area.]
Section 70 - Validity of delimitation etc
The
validity of any law relating to the delimitation of wards or allotment of seats
to such wards shall not be called in question in any court.
Section 71 - District Election Officers
(1)
The State Election Commission shall, in
consultation with the Government, designate or nominate an officer of the
Government or of the local authority as a District Election Officer for each
District:
Provided
that if the State Election Commission is satisfied that the duties of such
office cannot be satisfactorily performed by anyone such officer, it may, in
consultation with the Government designate or nominate more than one such
officers for a District.
(2)
Where more than one District Election
Officers are designated or nominated for a district, the State Election
Commission shall, specify, in the order designating or nominating the District
Election Officers the area within which each such officer shall exercise
jurisdiction.
(3)
Subject to the superintendence, direction and
control of the State Election Commission, each District Election Officer shall
co-ordinate and supervise all functions in connection with the conduct of the
election, including the preparation and renewal of voters list with respect
to each ward corning under his jurisdiction.
(4)
The District Election Officer shall perform
such other functions in connection with the election, as may be entrusted to
him by the State Election Commission.
Section 72 - Electoral Registration Officers
(1)
An Electoral Registration Officer shall
prepare and renew the voters list with respect to each ward of a Municipality,
in such manner as may be prescribed and he shall be an officer of the
Government or a local authority designated or nominated by the State Election
Commission in consultation with the Government.
(2)
The Electoral Registration Officer may, subject
to such restriction as may be prescribed, depute competent teachers including
those of aided schools or Government employees or employees of local
authorities, to prepare and revise the voters list of the wards.
(3)
The State Election Commission may designate
one or more persons as Assistant Electoral Registration Officers to assist the
Electoral Registration Officer in the discharge of his functions:
Provided
that each such person shall be an officer of the Government or of a
Municipality.
(4)
Each Assistant Electoral Registration Officer
shall, subject to the control of the Electoral Registration Officer, be
competent to discharge all or any of the functions of the Electoral
Registration Officer.
Section 73 - Electoral rolls for the Municipality
There
shall be an electoral roll for every ward in a Municipality which shall be
prepared in accordance with the provisions of this Act and under the
superintendence, direction and control of State Election Commission.
Section 74 - Disqualifications for registration in electoral roll
(1)
A person shall be disqualified for
registration in an electoral roll if he-
(a)
is not a citizen of India; or
(b)
is of unsound mind and stands so declared by
a competent court; or
(c)
is for the time being, disqualified from
voting under the provisions of any law relating to corrupt practices and other
offences in connection with elections.
(2)
The name of any person who becomes so
disqualified after registration shall forthwith be struck off from the
electoral roll in which it is included:
Provided
that the name of any person struck off from the electoral roll of a ward by
reason of disqualification under clause (c) of sub-section (1), shall forthwith
be reinstated in that roll if such disqualification is, during the period such
roll is in force, removed under any law authorising such removal of
disqualification.
Section 75 - No person to be registered in the electoral roll for more than once
No
person shall be entitled to be registered in the electoral roll for a ward in a
Municipality more than once and a person registered in the electoral roll for a
ward in a Municipality shall not be entitled to be registered in the electoral
roll for any other ward in that Municipality or any other Municipality or any
constituency in a Village Panchayat.
Section 76 - Conditions of registration
Subject
to the provisions of sections 74 and 75, every person who-
(a)
Is not less than eighteen years of age on the
qualifying date; and
(b)
is ordinarily resident in a ward in a
Municipality, shall be entitled to be registered in the electoral roll for that
ward.
Explanation.-
For the purposes of this section and section 78, "qualifying date-in
relation to the preparation or revision of an electoral roll, means the first
day of January of the year in which it is so prepared or revised.
Section 77 - Meaning of "ordinarily resident"
(1)
A person shall not be deemed to be ordinarily
resident in a ward in a Municipality on the ground only that he owns or is in
possession of a dwelling house therein.
(2)
A person absenting himself temporarily from
his place of ordinary residence shall not, by reason thereof, cease to be
ordinarily resident therein.
(3)
A Member of the Parliament or of the State
Legislative Assembly or the Chairperson or Deputy Chairperson of a Municipality
shall not, during the term of his office, cease to be ordinarily resident in
the ward, in the electoral roll of which he is registered as an elector at the
time of his election as such Member, Chairperson or Deputy Chairperson, by
reason of his absence from that ward in connection with his duties as such
Member of Chairperson or Deputy Chairperson, as the case may be.
(4)
A person who is a patient in any
establishment maintained wholly or mainly for the reception and treatment of
persons suffering from mental illness or mental defectiveness or who is
detained in prison or other legal custody at any place shall not, by reason
thereof, be deemed to be or ordinarily resident therein.
(5)
Where a question arises as to whether a
person is ordinarily resident at a place at any relevant time, the question
shall be determined by the State Election Commission with reference to all the
facts of the case and to such rules as may be made in this behalf.
Section 78 - Preparation and revision of electoral rolls
(1)
The electoral roll for each ward in a
Municipality shall be prepared by the Electoral Registration Officer in the
prescribed manner with reference to the qualifying date and shall come into
force immediately upon its final publication in accordance with the rules made
under this Act.
(2)
The said electoral roll shall.-
(a)
unless otherwise directed by the State
Election Commission, for reasons to be recorded in writing, be revised by the
Electoral Registration Officer in the prescribed manner with reference to the
qualifying date-
(i)
before each ordinary election to a
Municipality; and
(ii)
before each bye-election to fill a casual
vacancy in a Council;
(b)
be revised in any year in the prescribed
manner with reference to the qualifying date if such revision has been directed
by the State Election Commission:
Provided
that if the electoral roll is not revised as aforesaid, the validity of
continued operation of the said electoral roll shall not thereby be affected.
(3)
Notwithstanding anything contained in
sub-section (2), the State Election Commission may, at any time, for reasons to
be recorded in writing, direct a special revision of the electoral roll for a
ward or part thereof in such manner as it may think fit:
Provided
that, subject to the other provisions of this Act, the electoral roll for a
ward as in force at the time of the issue of any such direction, shall continue
to be in force until the completion of the special revision so directed.
Section 79 - Correction of entries in electoral roll
If the
Electoral Registration Officer, on application made to him or on his own
motion, is satisfied after such enquiry as he thinks fit, that any entry in an
electoral roll,-
(a)
is erroneous or defective in any particulars;
or
(b)
should be transposed to another electoral
roll on the ground that the person concerned has changed his place of ordinary
residence; or
(c)
should be deleted on the ground that the
person concerned is dead or has ceased to be an ordinarily resident in a ward
or is otherwise not entitled to be registered in that roll, the Electoral Registration
Officer shall amend, transpose or delete the entry, as the case may be:
Provided
that before taking any action on any ground under clause (a) or clause (b) or
any action under clause (c) on the ground that the person concerned has ceased
to be ordinarily resident in a ward or, that he is otherwise not entitled to be
registered in an electoral roll, the Electoral Registration Officer shall give
the person concerned a reasonable opportunity of being heard in respect of the
action proposed to be taken in relation to him.
Section 80 - Inclusion of names in electoral roll
(1)
Any person whose name is not included in the
electoral roll for a ward may apply to the Electoral Registration Officer for
the inclusion of his name in that roll.
(2)
The Electoral Registration Officer shall, if
he is satisfied that the applicant is entitled to be registered in the
electoral roll, direct that his name be included therein:
Provided
that if the applicant is already registered in any other electoral roll, the
Electoral Registration Officer shall where he himself is concerned with the
preparation or revision of that other electoral roll, strike off the
applicant's name from that electoral roll or where he is not concerned with the
preparation or revision of that other electoral roll, he shall inform such
inclusion to the Electoral Registration Officer concerned who shall, on receipt
of the information, strike off the applicant's name from that roll:
(3)
No amendment, transposition or deletion of
any entry under section 79 nor any inclusion of a name, in the electoral roll
under this section shall be made after the last date for making nomination for
an election and before completion of that election.
Section 81 - Appeals
An
appeal shall lie to the District Election Officer concerned within such time
and in such manner as may be prescribed from any order of the Electoral
Registration Officer under section 79 or section 80.
Section 82 - Fee for applications and appeals
Every
application under section 79 or section 80 and every appeal under section 81
shall be accompanied by such fee as may be prescribed which shall, in no case,
be refundable.
Section 83 - Special provision for adopting the electoral roll of legislative constituency
(1)
Notwithstanding anything contained in this
Act, the State Election Commission may, if it deems necessary, for the purpose
of election under this Act, prepare the electoral rolls of the Municipality by
adopting the existing electoral rolls of the legislative assembly constituency,
without conducting an enumeration.
(2)
The electoral rolls of the legislative
assembly constituency adopted under sub-section (1) shall be divided into
separate parts for each ward of the Municipalities and all voters included in
the electoral rolls of the legislative assembly constituency relating to it
shall be included in the electoral rolls of the Municipality concerned.
Explanation.-
In this section "legislative assembly constituency" means, the
constituency for the purpose of election to the State Legislative Assembly.
(3)
While preparing the electoral rolls, under
sub-section (1), the State Election Commission shall observe the procedure
prescribed for the preparation of electoral rolls under this Act and the rules
made thereunder, with necessary modifications.
Section 84 - Making false declaration
If any
person makes in connection with-
(a)
the preparation, revision or correction of an
electoral roll, or
(b)
the inclusion or exclusion of any entry in or
from an electoral roll.
a
statement or declaration in writing which is false and which he either knows or
believes to be false or does not believe to be true he shall be punishable with
imprisonment for a term which may extend to two years, or with fine which [may
extend to five thousand rupees] or with both.
Section 85 - Qualification of candidates
No
person shall be qualified for election as a Councillor of a Municipality unless
he possesses the following qualifications
(a)
the name of such person appears in the
electoral roll in any of the wards in that Municipality;
(b)
he has completed twenty first year of age on
the date of submission of nomination;
(c)
in the case of a seat reserved for the
Scheduled Castes or the Scheduled Tribes, he is a member of any of the
Scheduled Castes or the Scheduled Tribes, as the case may be;
(d)
in the case of a seat reserved for women,
such person is a woman;
(e)
he has not been disqualified under any other
provisions of this Act;
(f)
he makes and subscribes before the Returning
Officer or any other person authorised by the State Election Commission an oath
or affirmation in the form set out in the Second Schedule.
[Provided that even if a candidate has omitted any word
or words inadvertently when he makes and subscribes signature in such oath or
affirmation and he has subsequently been elected as Councillor and assumed office
on oath or affirmation made in the Third Schedule he shall not be considered as
disqualified for the mistake happened earlier.)
Section 86 - Disqualification of officers and employees of Government, local authorities etc
(1)
No officer or employee in the service of a
State or Central Government or a local authority or a Corporation owned or
controlled by a State or the Central Government or of a company in which a
State or Central Government or local authority has [not
less than fifty one per cent share] or Boards or any University established
under a State enactment shall be qualified for election as, or for holding the
office of Councillor of a Municipality.
[Explanation.- For the purpose of this section, company
means a Government Company as defined in section 617 of the Companies Act, 1956
(Central Act 1 of 1956) and includes a Co-operative Society registered or
deemed to have been registered under the Kerala Co-operative Societies Act,
1969 (21 of 1969).]
(2)
Any Officer or employee referred to in
sub-section (1) who has been dismissed for corrupt practices or disloyalty
shall be disqualified for a period of five years from the date of such
dismissal for election as, or for the holding office of. Councillor of a
Municipality.
Section 87 - Disqualification of persons convicted for certain offences
Every
person convicted of an offence punishable under Chapter IX-A of the Indian
Penal Code, 1860 (Central Act 45 of 1860) or under any other provisions of law
referred to in section 8 of the Representation of the People Act,.1951 (Central
Act, 43 of 1951) or under any law or rule relating to the infringement of the
secrecy of an election, shall be disqualified from voting or from being elected
in any election to which this Act applies or from holding the office of
Councillor of a Municipality for a period of six years from the date of his
conviction.
Section 88 - Disqualification on ground of corrupt practices
(1)
The case of every person found guilty of a
corrupt practice by an order under section 177 shall be submitted, as soon as
may be after such order takes effect, by such authority as the Government may
specify in this behalf, to the Governor for determination of the question as to
whether such person shall be disqualified and if so, for what period:
Provided
that the period for which any person may be disqualified under this sub-section
shall in no case exceed six years from the date on which the order made in
relation to him under section 177 takes effect.
(2)
Before giving his decision on any question
under sub-section (1) the Governor shall obtain the opinion of the State
Election Commission on that question and shall act according to such opinion.
Section 89 - Disqualification on account of failure to submit account of election expenses
[If the State Election Commission is satisfied that a
person:-
(a)
has failed to submit an account of election
expenses within the time and in the manner prescribed and has no sufficient
reason or justification for such failure or
(b)
has submitted false accounts;
(c)
has Incurred election expenses in excess of
the limit prescribed, it shall, by order published in the Gazette, declare him
to be disqualified and such person shall be disqualified for being elected as
the Councillor [for
a period of five years from the date of such order.]
Section 90 - Disqualifications of candidates
(1)
A person shall be disqualified in the
following circumstances for being chosen as and for being a Councillor of a
Municipality if he-
(a)
is so disqualified under any provision of the
Constitution or by or under any law for the time being in force relating to elections
to the State Legislative Assembly; or
[(b) (i) has been sentenced by a Court
or a Tribunal with imprisonment for a period of not less than three months for
an offence involving moral turpitude; or
(ii) has been found guilty of corruption by the
competent authority under any law in force, or
(iii) has been
held personally liable for misadministration by the Ombudsman constituted under
the Kerala Panchayat Raj Act, 1994 (13 of 1994). or]
(c) has been
adjudged to be of unsound mind; or
(d) has
voluntarily acquired the citizenship of a foreign state; or
(e) has been sentenced by a criminal court for any
electoral offence punishable under section 160 or [XXXX]
of section 162 or has been disqualified from exercising any electoral right on
account of corrupt practices in connection with an election and six years have
not elapsed from the date of such sentence or disqualification; or
(f) is an
applicant for being adjudicated as an insolvent or is an undischarged
Insolvent; or
(g) is
interested in subsisting contract made with, or any work being done for the
Government or Municipality concerned except as a shareholder (other than a
Director) in a company or except as permitted by rules made under this Act.
Explanation.-
A person shall not, by reason of his having a share or interest in any
newspaper in which an advertisement relating to the affairs of the Government
or the Municipality concerned may be inserted, or by reason of his holding a
debenture or being otherwise concerned in any loan raised by or on behalf of
the Municipality, be disqualified under this clause; or
(h) is employed
as a paid legal practitioner on behalf of the Municipality or as a legal
practitioner against the Municipality; or
(i) is already
a Councillor whose term of office as such will not expire before his fresh
election can take effect or has already been elected as Councillor whose term
of office has not yet commenced; or
(j) is in
arrears of any kind due by him to the Municipality (otherwise than in a
fiduciary capacity) upto and inclusive of the previous year in respect of which
a bill or notice has been duly served upon him and the time, if any, specified
therein for payment has expired; or
(k) is dismissed or removed from any of the
services referred to in section 86 and five years have not elapsed from the
date of such dismissal or removal; or
[(kk) has been disqualified under the provisions of The
Kerala Local Authorities (Prohibition of Defection) Act, 1999 and six years
have not elapsed since the date of his disqualification; or]
(l) is debarred
from practising as an Advocate or Vakil; or
(m) is a deaf-mute; or
(n) is
disqualified under any other provisions of this Act; or
(o) is black-listed consequent on defaulted
performance under any contract or auction with the Government; [or]
[(p) has been found by the Ombudsman that there is loss,
wastage or misuse of money or property of the Municipality.]
(2)
If any question arises as to whether the
candidate has become subjected to any of the disqualifications mentioned in
sub-section (1). the question shall be referred to for the decision of the
State Election Commission and the decision of the State Election Commission on
such question shall be final.
Section 91 - Disqualification of Councillors
Subject
to the provisions [
of section 92 or Section 178], a Councillor shall cease to hold office as such
if he-
[(a) is found guilty under clause(b) of sub-section (1)
of Section 90 or is sentenced for such an offence; or]
(b) has been
adjudged to be of unsound mind; or
(c) has
voluntarily acquired the citizenship of a foreign State; or
(d) has been
sentenced by a criminal court for any electoral offence punishable under
section 160 or [xxxx]
section 162 or has been disqualified from exercising any electoral right on
account of corrupt practices in connection with an election, and six years have
not elapsed from the date of such sentence of disqualification; or
(e) has applied
for being adjudicated, or is adjudicated, as an insolvent; or
(f) acquires any interest in any subsisting
contract made with, or work being done for the Government or the Municipality
concerned except as a shareholder (other than a director) in a company or except
as permitted by rules made under this Act.
Explanation.-
A person shall not, by reason of his having a share or interest in any
newspaper in which any advertisement relating to the affairs of the Government
or the Municipality concerned may be inserted, or by reason of his holding a
debenture or being otherwise concerned, in any loan raised by or on behalf of
the Government or the Municipality concerned be disqualified under this clause;
or
(g) is employed
as a paid legal practitioner on behalf of the Municipality or accepts
employment as a legal practitioner against the Municipality;
(h) ceases to
reside in the Municipality; or
(i) is debarred
from practising as an Advocate or Vakil; or
(j) is in
arrears of any kind due by him (otherwise than in a fiduciary capacity) to the
Municipality upto and inclusive of the previous year in respect of which a bill
or notice has been duly served upon him and the time if any, specified therein,
has expired; or
(k) [absents
himself without the permission of the Municipality concerned from the meetings
of the council of the Standing Committee as the case may be, for a period of three consecutive months reckoned
from the date of the commencement of his term of office, or of the last meeting
which he attended, or of the restoration to a office, as member under sub-section
(1) of Section 93, as the case may be or if within the said period of three
months, less than three meetings have been held, absents himself from three
consecutive meetings held after the said date:
Provided
that no meeting from which a Councillor absented himself shall be counted
against him under this clause if
(i)
due notice of that meeting was not given to
him; or
(ii)
the meeting was held after giving shorter
notice than that prescribed for an ordinary meeting; or
(iii)
the meeting was held on a requisition by the
Councillors; [xxxx]
[Provided further that the Municipality in no case, shall
give permission to a Councillor from not attending the meetings of the council
or the Standing Committee for a continuous period exceeding six months; or]
(l) is
disqualified under any provision of the Constitution or by or under any law,
for the time being in force, relating to election to the State Legislative
Assembly; or
[(ll) has been disqualified under the provisions of the Kerala
Local Authorities (Prohibition of Defection) Act, 1999; or]
(m) is
disqualified under any other provisions of this Act.
[(n) Is responsible for the loss or wastage or misuse of
money and properties of the Municipality; or
(o) has failed,
twice consecutively, to convene once in three months the meeting of the Ward
Committee or the Ward Sabha of which he is the Convenor; or
(p) has failed to file declaration of assets
within the time limit prescribed in Section 143A; or
(q) has been
declared disqualified, as per Section 89.]
Section 91A - Cessation of membership
[(1) No Councillor shall be a member of the Parliament or
of the State Legislature at the same time and accordingly,-
(a)
If a member of the Parliament or of the State
Legislature is elected as a Councillor has not resigned his membership before
entering such office; or
(b)
Where a Councillor elected or nominated to
the Parliament or to State Legislature on entering upon such office the office
of Councillor to that person shall become vacant]
Section 92 - Determination of subsequent disqualification of a Councillor
(1)
Whenever a question arises as to whether a
Councillor has become disqualified under section 86 [or
section 91, except clause (II)] after having been elected as such Councillor,
any Councillor of a Municipality concerned or any other person entitled to vote
at the election in which the Councillor was elected, may file a petition before
the State Election Commission, for decision.
[Provided that the Secretary or any Officer authorised by
the Government in this behalf may refer such a dispute to the State Election
Commission for decision.)
(2)
The State Election Commission shall, after
making such enquiry as it considers necessary, decide whether such Councillor
has become disqualified or not and the decision shall be final, [so,
however, that the State/Election Commission may pass an interim order as to
whether the Councillor shall continue to hold his office or not, till a
decision is taken or on the petition or reference referred to in sub-section
(I).]
(3)
[the Petition or reference under] in sub-section (1)
shall be disposed of in accordance with the procedure applicable under the Code
of Civil Procedure, 1908 (Central Act 5 of 1908) when trying a suit
Section 93 - Restoration of Councillors
(1)
Where a person ceases to be a Councillor
under section 87 or clause (a) of section 91, he shall be restored to office
for such portion of the period for which he was elected as may remain unexpired
at the date of such restoration, if and when the sentence is annulled on appeal
or revision and any person elected to fill the vacancy in the interim shall, on
such restoration, vacate office.
(2)
Where a person ceases to be a Councillor
under clause(k) of section 91, the Secretary shall at once intimate the fact in
writing to such person and report the same to the Council, at its next meeting.
If such person applies for restoration to the Council on or before the date of
its next meeting or within fifteen days of the receipt by him of such in
timation, the Council may at the meeting next after the receipt of such
application restore him to his office of Councillor:
Provided
that a Councillor shall not be restored more than once during his term of
office.
Section 94 - Notification for general election to Municipalities
(1)
A general election shall be held for the
purpose of constitution or reconstruction of new
Municipalities before the expiration of the duration of the existing
Municipalities or on dissolution.
(2)
For the said purpose, the Government shall,
by one or more notifications published in the Gazette on such date or dates, as
may be recommended by the State Election Commission, call upon Municipalities
in the State to elect Councillors in accordance with the provisions of this Act
and of the rules and orders made thereunder.
Section 95 - Delegation of functions of State Election Commission
The
functions of the State Election Commission under the Constitution of India, and
this Act or the rules made thereunder, may, subject to such general or special
directions, if any, as may be given by the State Election Commission in this
behalf, be performed also by the Secretary to the State Election Commission.
Section 96 - General duties of District Election Officers
Subject
to the superintendence, direction and control of the State Election Commission,
the District Election Officer, shall co-ordinate and supervise all work in
connection with the conduct of all elections to the Municipalities within his
area of jurisdiction, and also performed such other functions as may be
entrusted to him by the State Election Commission.
Section 96A - Election observers
[(1) For observing the election in every Municipality the
State Election Commission may, in consultation with the Government nominate a
higher officer of the Government as Election Observer.
(2) The Election Observer
nominated under sub-section (1) shall assist the State Election Commission to
ensure a fair and equitable election and shall discharge such other functions
entrusted by the Commission.]
Section 97 - Returning Officers
For
every Municipality and for every election to fill a seat or seats in a
Municipality, the State Election Commission shall in consultation with the
Government, designate or nominate [one
or more Returning Officers] who shall be an officer of the Government or of a
local authority:
Provided
that nothing in this section shall prevent the State Election Commission from
designating or nominating the same person to be the Returning Officer for more
than one Municipality.
Section 98 - Assistant Returning Officers
(1)
The State Election Commission may appoint one
or more Assistant Returning Officers who shall be officers of the Government or
of the local authorities to assist any Returning Officer in the performance of
his functions.
(2)
Every Assistant Returning Officer shall,
subject to the control of the Returning Officer, be competent to perform all or
any of the functions of the Returning Officer:
Provided
that no Assistant Returning Officer shall perform any of the functions of the
Returning Officer relating to the scrutiny of nominations unless the Returning
Officer is unavoidably prevented from performing the said function.
Section 99 - Returning Officer to include Assistant Returning Officers performing the functions of the Returning Officer
References
in this Act to the Returning Officer shall, unless the context otherwise
requires, be deemed to include an Assistant Returning Officer performing any
function which he is authorised to perform under sub-section (2) of section 98.
Section 100 - General duty of the Returning Officer
It
shall be the general duty of the Returning Officer at any election to do all
such acts and things as may be necessary for effectively conducting the
election in the manner provided by this Act and the rules or orders made
thereunder.
Section 101 - Provision of polling stations
The
District Election Officer shall, with the previous approval of the State
Election Commission, provide sufficient number of polling stations for every
Municipality within the area of his jurisdiction, and shall publish in such
manner as the State Election Commission may direct, a list showing the polling
stations so provided and the polling areas or group of voters for which they
have respectively been provided.
Section 102 - Appointment of Presiding Officers for polling stations
(1)
The District Election Officer shall appoint a
Presiding Officer for each polling station and such Polling Officer or officers
as he thinks necessary, but he shall not appoint any person who has been
employed by or on behalf of, or has been otherwise working for, a candidate in
or in relation to election:
Provided
that if a Polling Officer is absent from the polling station, the Presiding
Officer may appoint any person who is present at the polling station other than
a person who has been employed by or on behalf of, or has been otherwise
working for, a candidate in or in relation to the election, to be the Polling
Officer during the absence of the former officer, and inform the District
Election Officer accordingly:
Provided
further that nothing in this sub-section shall prevent the District Election
Officer from appointing the same person to be Presiding Officer for more than
one polling station in the same premises.
(2)
A Polling Officer shall, if so directed by
the Presiding Officer, perform all or any of the functions of a Presiding
Officer under this Act or any rules or orders made thereunder.
(3)
If the Presiding Officer, owing to illness or
other unavoidable cause, is obliged to absent himself from the polling station,
his functions shall be performed by such Polling Officer as has been previously
authorised by the District Election Officer to perform such functions during
any such absence.
(4)
References in this Act to the Presiding
Officer shall, unless the context otherwise requires, be deemed to include any
person performing any function which he is authorised to perform under
sub-section (2) or sub-section (3), as the case may be.
Section 103 - General duty of the Presiding Officer
It
shall be the general duty of the Presiding Officer at a polling station to keep
order thereat and to see that the poll is fairly taken.
Section 104 - Duty of a Polling Officer
It
shall be the duty of the Polling Officer at a polling station to assist the
Presiding Officer for such station in the performance of his functions.
Section 104A - The Returning Officer, Presiding Officer etc. be deemed to be on deputation to the Election Commission
[The Returning Officer, Assistant Returning Officer,
Presiding Officer, Polling Officer and any other officer. Police Officer and
Election observer designated for the time being to conduct a general election
or bye-election under the provisions of this Act shall be deemed to be on
deputation to the State Election Commission for the period from the date of
notification for such election to the date of declaration of the results of
such election accordingly such officers shall be subject to the control,
supervision and command of the State Election Commission during that period.]
Section 105 - Appointment of dates for nominations etc
As
soon as a notification for an election is issued, the State Election Commission
shall, by notification in the Gazette, appoint-
(a)
the last date for making nominations, which
shall be the seventh day after the date of publication of the first mentioned
notification or, if that day is a public holiday, the next succeeding day which
is not a public holiday;
(b)
the date for the scrutiny of nominations;
which shall be the day immediately following the last day for making
nominations or, if that day is a public holiday, the next succeeding day which
is not a public holiday;
(c)
the last day for the withdrawal of
candidature, which shall be the second day after the date for the scrutiny of
nomination or, if that day is a public holiday, the next succeeding day which
is not a public holiday;
(d)
the date or dates of which a poll shall, if
necessary, be taken, which or the first of which shall be a date not earlier
than the twentieth day after the last date for the withdrawal of candidature;
and
(e)
the date before which the election shall be
completed.
Section 106 - Public notice of election
On the
issue of a notification under section 105, the Returning Officer shall give
public notice of the intended election in such form and manner, as may be
prescribed, inviting nominations of candidates for such election and specifying
the place at which the nomination papers are to be delivered.
Section 107 - Nomination of candidates for election
Any
person may be nominated as a candidate for election to fill a seat if he is
qualified to be chosen to fill that seat under the provisions of this Act:
[Provided that a person nominated as a candidate for
filling up a seat in a Municipality shall not be nominated as candidate in
another ward of the same Municipality]
Section 108 - Presentation of nomination paper and requirements for a valid nomination
(1)
On or before the date appointed under clause
(a) of section 105 each candidate shall, either in person or by his proposer,
between the hours of eleven o'clock in the forenoon and three o'clock in the
afternoon deliver to the Returning Officer at the place specified in this
behalf in the notice issued under section 106 a nomination paper completed in
the prescribed form and signed by the candidate and by an elector of the ward
as proposer.
(2)
In a ward where the seat is reserved for the
Scheduled Castes or the Scheduled Tribes a candidate shall not be deemed to be
qualified to be chosen to fill that seat unless his nomination paper contains a
declaration by him specifying the particular caste or tribe of which he is a
member.
(3)
Where the candidate is a person who, having
held any office referred to in section 86 has been dismissed or removed and a
period of five years has not elapsed since the dismissal or removal, such
person shall not be deemed to be duly nominated as a candidate unless his
nomination paper is accompanied by a certificate issued in the prescribed
manner by the State Election Commission to the effect that he has not been
dismissed or removed for corruption or disloyalty.
(4)
On the presentation of a nomination paper,
the Returning Officer shall satisfy himself that the names and electoral roll
numbers of the candidate and his proposer as entered in the nomination paper
are the same as those entered in the electoral roll:
Provided
that no misnomer or inaccurate description or clerical, technical or printing
error is regarded to the name of the candidate or his proposer or any other
person or in regard to any place, mentioned in the electoral roll or the
nomination paper and no clerical, technical or printing error in regard to the
electoral roll numbers of any such person in the electoral roll or the
nomination paper, shall affect the full
operation of the electoral roll or the nomination paper with respect to such
person or place in any case where the description in regard to the name of the
person or place is such as to be commonly understood; and the Returning Officer
shall permit any such misnomer or inaccurate description or clerical, technical
or printing error to be corrected and were necessary, direct that any such
misnomer, inaccurate description, clerical, technical or printing error in the
electoral roll or in the nomination paper shall be overlooked.
(5)
Nothing in this section shall prevent any
candidate from being nominated by more than one nomination paper:
Provided
that not more than three nomination papers shall be presented by or on behalf
of any candidate or accepted by the Returning Officer.
Section 109 - Deposits
(1)
A candidate shall not be deemed to be duly
nominated for election from a ward in a Municipality unless he deposits or
causes to be deposited such sum as may be prescribed:
Provided
that in the case of candidates belonging to the Scheduled Castes or the
Scheduled Tribes, the amount of deposit shall be fifty percent of the amount
prescribed:
Provided
further that where a candidate has been nominated by more than one nomination
paper, not more than one deposit shall be required of him under this
sub-section.
(2)
Any sum required to be deposited under
sub-section (1) shall not be deemed to have been deposited under that
sub-section unless, at the time of delivery of the nomination paper under
sub-section (1) of section 108 the candidate has either deposited or caused to
be deposited that sum with the Returning Officer in cash or enclosed with the
nomination paper a receipt showing that the said sum has been deposited by him
or on his behalf in the office of such authority as may be notified by the
Government.
Section 110 - Notice of nominations and the time and place for their scrutiny
The
Returning Officer shall, on receiving the nomination paper under sub-section
(1) of section 108 inform the person or persons delivering the same, of the
date, time and place fixed for the scrutiny of nominations and shall enter on
the nomination paper its serial number, and shall sign thereon a certificate
stating the date on which and the hour at which the nomination paper has been
delivered to him; and shall, as soon as may be thereafter, cause to be affixed
in some conspicuous place in his office a notice of the nomination containing
descriptions similar to those contained in the nomination paper, both of the
candidate and for the proposer.
Section 111 - Scrutiny of nominations
(1)
On the date fixed for the scrutiny of
nominations under section 105 the candidates, their election agents, one
proposer of each candidate and one other person duly authorised in writing by
each candidate, but no other person, may attend at such time and place as the
Returning Officer may appoint and the Returning Officer shall give them all
reasonable facilities for examining the nomination papers of all candidates
which have been delivered within the time and the manner laid down in section
108.
(2)
The Returning Officer shall then examine the
nomination papers and shall decide all objections which may be made to any
nomination and may, either on such objection or on his own motion, after such
summary inquiry if any, as he thinks necessary, reject any nomination on any of
the following grounds, namely:-
(a)
that on the date fixed for the scrutiny of
nominations, the candidate is either not qualified or is disqualified for being
chosen to fill the seat under any of the provisions of this Act;
(b)
that there has been failure to comply with
any of the provisions of section 108 or section 109; or
(c)
that the signature of the candidate or the
proposer on the nomination paper is not genuine.
(3)
Nothing contained in clause (b) or clause (c)
of sub-section (2) shall be deemed to authorise the rejection of the nomination
of any candidate on the ground of any irregularity in respect of a nomination
paper, if the candidate has been duly nominated by means of another nomination
paper in respect of which no irregularity has been committed.
(4)
The Returning Officer shall not reject any
nomination paper on the ground of any defect which is not of a substantial
character.
(5)
The Returning Officer shall hold the scrutiny
on the date appointed in this behalf under clause (b) of section 105 and shall
not allow any adjournment of the proceedings except when such proceedings are
interrupted or obstructed by riot or open violence or by causes beyond his
control:
Provided
that in case an objection is raised by the Returning Officer or is made by any other
person, the candidate concerned may be allowed time to rebut it not later than
the next day but one following the date fixed for scrutiny, and the Returning
Officer shall record his decision on the date to which the proceedings have
been adjourned.
(6)
The Returning Officer shall endorse on each
nomination paper his decision accepting or rejecting the same and, if the
nomination paper is rejected, shall record in writing a brief statement of his
reasons for such rejection.
(7)
For the purpose of this section, a certified
copy of an entry in the electoral roll for the time being in force for a ward
shall be conclusive evidence of the fact that the person referred to in that
entry is an elector in that ward, unless it is proved that he is subject to a
disqualification mentioned in section 74.
(8)
Immediately after all the nomination papers
have been scrutinised and decisions accepting or rejecting the same have been
recorded, the Returning Officer shall prepare a list of candidates whose
nominations have been found valid and affix it to his notice board.
Section 112 - Withdrawal of candidature
(1)
Any candidate may withdraw his candidature by
a notice in writing which shall contain such particulars as may be prescribed
and shall be subscribed by him and delivered before three O'clock in the
afternoon on the day fixed under clause (c) of section 105 to the Returning
Officer either by such candidate in person or by his proposer, of election
agent who has been authorised in this behalf in writing by such candidate.
(2)
No person who has given a notice of
withdrawal of his candidature under sub-section (1) shall be allowed to cancel
the notice.
(3)
The Returning Officer shall, on being
satisfied as to the genuineness of a notice of withdrawal and the identity of
the person delivering it under sub-section (1), cause the notice to be affixed
in some conspicuous place in his office and in the office of the Municipality
concerned.
Section 113 - Publication of list of contesting candidates
(1)
Immediately after the expiry of the period
within which candidature may be withdrawn under sub-section (1) of section 112
the Returning Officer shall prepare and publish in such form and manner as may
be prescribed a list of contesting candidates.
(2)
The said list shall contain the names in
Malayalam alphabetical order and the addresses of the contesting candidates as
given in the nomination papers together with such other particulars, as may be
prescribed.
Section 114 - Election agents
A
candidate at an election may appoint in the prescribed manner a person to be
his election agent and when any such appointment is made, notice of the
appointment shall be given in the prescribed manner, to the Returning Officer.
Section 115 - Disqualification for being an election agent
A
person who is for the time being disqualified under this Act for being a
Councillor shall be disqualified for being an election agent at any election.
Section 116 - Revocation of the appointment, or death of an election agent
(1)
Any revocation of the appointment of an
election agent, shall be signed by the candidate, and shall operate from the
date on which it is lodged with the Returning Officer.
(2)
In the event of such a revocation or of the
death of an election agent, whether that event occurs before or during the
election, or after the election but before the account of the candidate's
election expenses has been lodged in accordance with the provisions of section
142 the candidate may appoint in the prescribed manner another person to be his
election agent and when such appointment is made notice of the appointment
shall be given in the prescribed manner to the Returning Officer.
Section 117 - Functions of election agents
An
election agent may perform such functions in connection with the election as are
authorised by or under this Act to be performed by an election agent.
Section 118 - Appointment of polling agents
A
contesting candidate or his election agent may appoint, in the prescribed
manner, such number of agents and relief agents, as may be prescribed, to act
as polling agents of such candidate at each polling station provided under
section 101.
Section 119 - Appointment of counting agents
A
contesting candidate or his election agent may appoint, in the prescribed
manner one or more persons, but not exceeding such number, as may be
prescribed, to be present as his counting agent or agents at the counting of
votes, and when any such appointment is made, notice of the appointment shall
be given in the prescribed manner to the Returning Officer.
Section 120 - Revocation of the appointment or death, of a polling agent or counting agent
(1)
Any revocation of the appointment of a
polling agent shall be signed by the candidate or his election agent and shall
operate from the date on which it is lodged with such officer as may be
prescribed, and in the event of such a revocation or of the death of a polling
agent before the close of the poll, the candidate or his election agent may
appoint, in the prescribed manner another polling agent at any time before the
poll is closed and shall forthwith give notice of such appointment, in the
prescribed manner, to such officer as may be prescribed.
(2)
Any revocation of the appointment of the
counting agent shall be signed by the candidate or his election agent and shall
operate from the date on which it is lodged with the Returning Officer, and in
the event of such a revocation or of the death of a counting agent before the
commencement of counting of votes, the candidate or his election agent may
appoint, in the prescribed manner another counting agent at any time before the
counting of votes is commenced and shall forthwith give notice of such
appointment, in the prescribed manner, to the Returning Officer.
Section 121 - Functions of polling agents and counting agents
(1)
A polling agent may perform such functions in
connection with the poll as are authorised by or under this Act, to be
performed by a polling agent.
(2)
A counting agent may perform such functions
in connection with the counting of votes as are authorised by or under this Act
to be performed by a counting agent.
Section 122 - Attendance of a contesting candidate or his election agent at polling stations, and performance by him of the functions of a polling agent or counting agent
(1)
At every election where a poll is taken, each
contesting candidate at such election and his election agent shall have a right
to be present at any polling station provided under section 101 for the taking
of the poll.
(2)
A contesting candidate or his election agent
may himself do any act or thing which any polling agent or the counting agent
of such contesting candidate, if appointed, would have been authorised by or
under this Act to do, or may assist any polling agent or the counting agent of
such contesting candidate in doing any such act or thing.
Section 123 - Non-attendance of polling or counting agents
Where
any act or thing is required or authorised by or under this Act to be done in
the presence of the polling or counting agents, the non-attendance of any such
agent or agents at the time and place appointed for the purpose shall not, if
the act or thing is otherwise duly done, invalidate the act or thing done.
Section 124 - Death of candidate before poll
Where
a candidate whose nomination has been found valid on scrutiny under section 111
and who has not withdrawn his candidature under section 112 dies and a report
of his death is received before the publication of the list of contesting
candidates under section 113 or where a contesting candidate dies and a report
of his death is received before the commencement of the poll, the Returning
Officer shall, upon being satisfied of the fact of the death of the candidate,
countermand the poll and report the fact to the State Election Commission and
also to the Government and all proceeding with reference to the election shall
be commenced anew in all respects as if for a new election:
Provided
that no further nomination shall be necessary in the case of a person who was a
contesting candidate at the time of the countermanding of the poll:
Provided
further that no person who has given a notice of withdrawal of his candidature
under sub-section (1) of section 112 before the countermanding of the poll
shall be [ineligible]
for being nominated as a candidate for the election after such countermanding.
Section 125 - Procedure in contested and uncontested elections
(1)
Where the number of contesting candidates for
a ward is more than one, a poll shall be taken.
(2)
Where there is only one candidate for a ward,
the Returning Officer shall declare him to be duly elected.
(3)
Where there is no candidate, election
proceedings shall be started afresh for filling up the vacancy in all respects
as if for a new election.
Section 126 - Fixing time for poll
(1)
[The State Election Commission shall fix the hours during
which the poll will be taken; and the hours so fixed shall be published in such
manner, as may be prescribed:
Provided
that the total period allotted on any one day for polling at an election in a
ward shall not be less than eight hours between [7
a. m. and 6 p. m.].
(2)
The last one hour of the time fixed under
sub-section (1) shall be used for voting by such classes of persons as
specified under section 130 A.].
Section 127 - Adjournment of poll in emergencies
(1)
If at an election the proceedings at any polling
station provided under section 101 for the poll are interrupted or obstructed
by any riot or open violence, or if at an election it is not possible to take
the poll at any polling station on account of any natural calamity, or any
other sufficient cause, the Presiding Officer for such polling station or the
Returning Officer presiding over such place, as the case may be, shall announce
an adjournment of the poll to a date to be notified later, and were the poll is
so adjourned by a Presiding Officer, he shall forthwith inform the Returning
Officer concerned.
(2)
Whenever a poll is adjourned under
sub-section (1), the Returning Officer, shall immediately report the
circumstances to the State Election Commission, and shall, as soon as may be,
with the previous approval of the State Election Commission, appoint the day on
which the poll shall recommence, and fix the polling station or place at which,
and hours during which the poll will be taken, and shall not count the votes
cast at such election until such adjourned poll shall have been completed.
(3)
In every such case as aforesaid, the
Returning Officer shall notify in such manner as the State Election Commission
may direct the date, place and hours of polling fixed under sub-section (2).
Section 128 - Fresh poll in the case of destruction, etc., of ballot boxes
(1)
If at any election-(a) any ballot boxes used
at a polling station or at a place fixed for the polls is unlawfully taken out
of the custody of the Presiding Officer or the Returning Officer, or is accidentally
or intentionally destroyed or lost, or is damaged or tampered with, to such an
extent, that the result of the poll at that polling station or place cannot be
ascertained; or
[(aa) any voting machine develops a mechanical failure
during the course of recording votes; or,]
(b) any such
error or irregularity in procedure as is likely to vitiate the poll is
committed at a polling station or at a place fixed for the poll, the Returning
Officer shall forthwith report the matter to the State Election Commission.
(2)
Thereupon the State Election Commission
shall, after taking all material circumstances into account; either-
(a)
declare the poll at that polling station or
place to be void, appoint a day, and fix the hours; for taking a fresh poll at
that polling station or place and notify the day so appointed and the hours so
fixed in such manner as it may deem fit; or
(b)
if satisfied that the result of a fresh poll
at that polling station or place will not, in any way, affect the result of the
election or that the error or irregularity [or
the mechanical failure developed in the voting machine] in procedure is not
material, issue such directions to the Returning Officer as it may deem proper
for the further conduct of and completion of the election.
(3)
The provisions of this Act and of any rules
or orders made there under shall apply to every such fresh poll as they apply
to the original poll.
Section 129 - Adjournment of poll or countermanding of election on the ground of booth-capturing
(1)
If at any election-
(a)
booth-capturing has taken place at a polling
station or at a place fixed for the poll (hereafter in this section referred to
as a place) in such a manner that the result of the poll at that polling
station or place cannot be ascertained; or
(b)
booth-capturing takes place in any place for
counting of votes in such a manner that the result of the counting at that
place cannot be ascertained, the Returning Officer shall forthwith report the
matter to the State Election Commission.
(2)
The State Election Commission shall, on
receipt of a report from the Returning Officer under sub-section (1) and after
taking all material circumstances into account, either-
(a)
declare that the poll at that polling station
or place be void, appoint a day, and fix the hours, for taking fresh poll at
that polling station or place and notify the date so appointed and hours so
fixed in such manner as it may deem fit; or
(b)
if satisfied that in view of the large number
of polling stations or places involved in booth-capturing, the result of the
election is likely to be affected, or that booth-capturing had affected
counting of votes in such a manner as to affect the result of the election,
countermand the election.
Explanation.--In
this section, "booth-capturing" shall have the same meaning as in
section 161.
Section 130 - Manner of voting at elections
At
every election where a poll is taken, votes shall be given by ballot in such a
manner as may be prescribed, and no vote shall be received by proxy.
Section [156][130 A. Special provision for postal ballot to certain classes of persons.
(1) Without prejudice to
the generality of the provisions contained in section 130, the following
classes of voters shall have the opportunity to give their vote by postal
ballot in such manner, as may be prescribed, namely:-
(a) any person who is
affected by epidemic disease; (b) any person in quarantine; Explanation.?For
the purpose of this section,-
(i) “epidemic disease”
means epidemic disease as defined under clause (a) of section 2 of the Kerala
Epidemic Diseases Act, 2021 (4 of 2021) and notified by the Government under
section 3 of the said Act from, time to time;
(ii)
“
person in quarantine” means a person who is in quarantine in the State as per
the guidelines issued by the Ministry of Health and Family Welfare, Government
of India, from time to time, to prevent the spread of epidemic diseases. (2) A
voter as specified in any of the classes under sub-section (1) may, give his
vote by postal ballot or may give his vote directly at the polling station, at
the time fixed under sub-section (2) of section 126.
Note: The provisions
of sub-section (2) shall be deemed to have come into force on the 19th day of
November, 2020.”].
Section [157][130B - Use of voting machine in elections
[Notwithstanding anything contained in this Act or rules
made thereunder, the system of giving vote and recording of vote by using
voting machine as may be prescribed may be adopted in every election decided by
the State Election Commission considering the circumstances in each region.
Explanation:-
For the purpose of this section "voting machine" means any electronic
machine or any other machine used for giving or recording of votes and it shall
also be construed that any reference as to ballot box or ballot paper in this
Act or the rules made thereunder save as otherwise provided shall include the
reference to a voting machine which is being used in any election.]
Section 131 - Special procedure for preventing personation of electors
With a
view to preventing personation of electors.-
(b)
the thumb or any other finger of every
elector who applies for a ballot paper or ballot papers for the purpose of
voting at a polling station shall be marked with indelible ink, in such manner
as may be prescribed, before delivery of such paper or papers to him;
(c)
no ballot paper shall be delivered to any
person for voting at a polling station and proceedings shall be initiated
against such person in accordance with law, if at the time such person applies
for such paper, he already has such a mark on his thumb or any other finger.
Section 132 - Right to vote
(1)
No person who is not, and except as expressly
provided by this Act, every person who is, for the time being entered in the
electoral roll for a ward shall be entitled to vote in that ward.
(2)
No person shall vote at an election if he is
subject to any of the disqualifications referred to in section 74.
(3)
No person shall vote at a general election in
more than one ward, and if a person votes in more than one ward, his votes in
all such wards shall be void.
(4)
No person shall at any election vote in the
same ward more than once, notwithstanding that his name may have been
registered in the electoral roll for that more than once, and if he does so
vote, all his votes shall be void.
(5)
No person shall vote at any election if he is
confined in a prison under a sentence of imprisonment or otherwise, or is in
the lawful custody of the police:
Provided
that nothing in this sub-section shall apply to a person subjected to
preventive detention under any law for the time being in force.
Section 133 - Counting of votes
At
every election where a poll is taken, votes shall be counted by, or under the
supervision and direction of the Returning Officer and each contesting
candidate, his election agent and his counting agents, shall have the right to
be present at the time of counting.
Section 134 - Destruction, loss etc., of ballot papers at the time of counting
(1)
If, at any time before the counting of votes
is completed any ballot paper used at a polling station or at a place fixed for
the poll is unlawfully taken out of the custody of the Returning Officer or is
accidentally or intentionally destroyed or lost or is damaged or tampered with,
to such an extent that the result of the poll at the polling station or place
cannot be ascertained, the Returning Officer shall forthwith report the matter
to the State Election Commission.
(2)
Thereupon, the State Election Commission
shall, after taking all material circumstances into account, either.-
(a)
direct that the counting of votes shall be
stopped, declare the poll at that polling station or place to be void, appoint
a day, and fix the hours, for taking a fresh poll at that polling station or
place and notify the date so appointed and hours so fixed in such manner as it
may deem fit; or
(b)
if satisfied that the result of a fresh poll
at that polling station or place will not, in any way, affect the result of the
election, issue such directions to the Returning Officer as it may deem proper
for the resumption and completion of the counting and for the further conduct
and completion of the election in relation to which the votes have been
counted.
(3)
The provisions of this act and of any rules
or orders made thereunder shall apply to every such fresh poll as they apply to
the original poll.
Section 135 - Equality of votes
If,
after the counting of the votes is completed, an equality of votes is found to
exist between any candidates, and the addition of one vote will entitle any of
these candidates to be declared elected, the Returning Officer shall forthwith
decide between those candidates by lot, and proceed as if the candidate on whom
the lot falls received an additional vote.
Section 136 - Declaration of results
When
the counting of the votes has been completed, the Returning Officer shall, in
the absence of any direction by the State Election Commission to the contrary
forthwith declare the result of the election in the manner provided by this Act
or the rules made thereunder.
Section 137 - Report of the result
As
soon as may be after the result of an election has been declared, the Returning
Officer shall report the result to the Municipality concerned, to the State
Election Commission and to the Government and the State Election Commission
shall cause to be published in the Gazette the declarations containing the
names of the elected candidates. The name or names of the elected candidate or
candidates shall also be published on the notice board of the Municipality
concerned.
Section 138 - Date of election of candidates
For
the purposes of this Act, the date on which a candidate is declared by the
Returning Officer under the provisions of section 125 or section 136 to be
elected to a Municipality shall be the date of election of that candidate.
Section 139 - Publication of results of general elections to the Municipality
Where
a general election is held for the purpose of constituting or reconstituting a
Municipality, there shall be notified by the State Election Commission in the
Gazette, as soon as may be, after the results of the elections in all the
wards, other than those in which the poll could not be taken for any reason on
the date originally fixed under clause (d) of section 105 or for which the time
for completion of the election has been extended under the provisions of
section 200 have been declared by the Returning Officer under the provisions of
section 125 or, as the case may be, section 136, the names of the members
elected for those wards and upon the publication of such notification, the
Councillors shall be deemed to be duly elected:
Provided
that the publication of such notification shall not be deemed-
(a)
to preclude-
(i)
the taking of the poll and the completion of
the election in any ward or wards in which the poll could not be taken for any
reason on the date originally fixed under clause (d) of section 105; or
(ii) the completion of the election in any ward or wards for
which time has been extended under the provisions of section 200; or
(b)
to affect the duration of the Municipality,
if any, functioning immediately before the issue of the said notification.
Section 140 - By-elections to fill casual vacancies
(1)
Where a Municipality is dissolved before its
duration specified in article 243U or where the seat of a Councillor elected to
a Municipality becomes vacant or is declared vacant or his election to the
Municipality is declared void, the State Election Commission shall, subject to
the provisions of sub-section (2), by a notification in the Gazette, call upon
the wards in such Municipality or the ward concerned, as the case may be, to
elect Councillors or Councillor for the purpose of constituting the
Municipality or filling the vacancy, as the case may be, before such date as
may be specified in the notification and the provisions of this Act and of the
rules and orders made thereunder shall apply in relation to such election.
(2)
Where the vacancy is in a seat reserved for
the Scheduled Castes or for the Scheduled Tribes or for a woman, the
notification issued under sub-section (1) shall specify that the person to fill
that vacancy shall belong to the Scheduled Castes or to the Scheduled Tribes or
be a woman, as the case may be.
Section 141 - Account of election expenses and maximum thereof
(1)
Every candidate at an election shall, either
by himself or by his election agent, keep a separate and correct account of all
expenditure in connection with the election incurred or authorised by him or by
his election agent between the date on which he has been nominated and the date
of declaration of the result thereof, both dates inclusive.
Explanation
I.- Any expenditure incurred or authorised in connection with the election of a
candidate by a political party or by any other association or body of persons
or by any individual (other than the candidate or his election agent) shall not
be deemed to be expenditure in connection with the election incurred or
authorised by the candidate or by his election agent for the purposes of this
sub-section;
Explanation
II.- For the removal of doubt, it is hereby declared that any expenditure
incurred in respect of any arrangements made, facilities provided or any other
act or thing done by any person in the service of local authority and of the
Government belonging to any of the classes mentioned in clause (8) of section
144 in the discharge or purported discharge of his official duty as mentioned
in the proviso to that clause shall not be deemed to be expenditure in
connection with the election incurred or authorised by a candidate or by his
election agent for the purposes of this sub-section.
(2)
The account shall contain such particulars,
as may be prescribed.
(3)
The total of the said expenditure shall not
exceed such amount as may be prescribed.
Section 142 - Lodging of account with the officer authorised by the State Election Commission
[the officer authorised by the State Election Commission]
Every
contesting candidate at an election shall, within thirty days from the date of
election of returned candidate, lodge with the 11[the officer authorised by the
State Election Commission], an account of his election expenses with connected
records which shall be a true copy of the account kept by him [or
by his election agent under Section 141 and such officer, as soon as possible,
after the expiry of the said 30 days shall forward the account of election
expenses received by him together with the list of candidates who have not
submitted the account of election expenses to the officer authorised by the
Commission].
Section 143 - Oath or affirmation
[(1) The Government, after each general election shall
nominate a member elected as Councillor for convening the first meeting of the
Municipality and before convening such meeting he shall make and subscribe an
oath or affirmation in the form specified in the Third Schedule for the purpose
before the officer nominated by the Government in this behalf.
Provided
that the member nominated by the Government shall, as far as possible, be the
eldest among the Councillors elected in the Municipality.
(1A) All other Councillors shall before assuming charge
of their office, make and subscribe an oath or affirmation, in the form set out
for this purpose in the Third Schedule, before the Councillor nominated under
sub-section (1), on the date specified by the Government and before the date
fixed by the State Election Commission for conducting the election of the
Chairperson under sub-section (1) of Section 12.
(1B) A Councillor who was not able to make an oath or
affirmation under sub-section (1A) or a Councillor elected in the bye-election
may make such oath or affirmation before the Chairperson.]
(2) The
Chairperson and the Deputy Chairperson shall also, before entering upon their
offices, make and subscribe an oath or affirmation in the form set out in the
said Schedule. The Chairperson shall make and subscribe such oath or
affirmation before the Officer authorised by the Government in this behalf, and
the Deputy Chairperson shall make and subscribe such oath or affirmation before
the Chairperson after the Chairperson has been elected.
(3) No Councillor
who has not taken an oath or affirmation [under
sub-section (1A) or under sub-section (1B)] shall vote or take part in the
proceedings of any meeting of the Municipality, nor shall be included as a
member of any of the Committee constituted by the Municipality.
[(4) The Government may by notification in the Gazette,
declare the office of Councillor as vacated in his own motion where such a
Councillor has not assumed charge of his office by making an oath or
affirmation without sufficient cause within a maximum period of thirty days
from the date by which he was elected as a Councillor.]
Section 143A - Councillors to declare assets
[(1) A Councillor shall within [fifteen
months] from the date of assuming his office submit a statement of assets and
liabilities of himself and of other members of his family in the prescribed
form, before the competent authority as may be authorised by the Government by
notification in this behalf:
Provided
that a person who is a Councillor at the time when this Act comes into force,
shall submit such a statement before the competent authority, before the date
specified by the Government in this behalf.
(2) Where a Councillor after submitting a
statement under sub-section (1), acquires any further assets in his name or in
the name of any other members of his family, or disposes of or mortgages any
property specified in the statement, he shall submit a statement to that effect
before the competent authority within three months from the date of such
acquisition or disposal or mortgage; as the case may be.
(3) A Councillor
who makes a statement under-sub-section (1) and sub-section (2) which is false
or which he knows or believes to be false or does not believe to be true; shall
be liable to be produced against that Councillor in accordance with law for
giving such false declaration.
(4) Where a
Councillor fails to submit the statement before the competent authority within
the date specified under sub-section (1) and sub-section (2), action may be
taken to disqualify him from continuing as a Councillor under Section 91.
Explanation
1.- For the purpose of this section "family" of a Councillor means
wife or husband of the Councillor, and his parents and unmarried sisters and
children depending on him".
Explanation
2.- For the purpose of this section "asset" means all immovable
properties and movable properties worth more than rupees ten thousand].
Section 144 - Corrupt practices
The
following shall be deemed to be corrupt practices for the purposes of this Act-
(1)
"Bribery", that is to say,-
(A)
Any gift, offer or promise by a candidate or
his agent or by any other person with the consent of a candidate or his
election agent of any gratification, to any person whomsoever, with the object,
directly or indirectly of inducing,-
(a)
a person to stand or not to stand as, or to
withdraw or not to withdraw from being a candidate at an election, or
(b)
an elector to vote or refrain from voting at
an election, or as a reward to-
(i)
a person for having so stood or not stood, or
for having withdrawn or not having withdrawn his candidature; or
(ii)
an elector for having voted or refrained from
voting;
(B)
The receipt of, or agreement to receive, any
gratification, whether as a motive or a reward-
(a)
by a person for standing or not standing as,
or for withdrawing or not withdrawing from being, a candidate; or
(b)
by any person whomsoever for himself or any
other person for voting or refraining from voting, or inducing or attempting to
induce any elector to vote or refrain from voting, or any candidate to withdraw
or not to withdraw his candidature.
Explanation.-
For the purposes of this clause the term "gratification" is not
restricted to pecuniary gratifications or gratifications estimable in money and
it includes all forms of entertainment and all forms of employment for reward but
it does not include the payment of any expenses bonafide incurred at, or for
the purpose of, any ejection and duly entered in the account of election
expenses referred to in section 141.
(2)
Undue influence, that is to say, any direct
or indirect interference or attempt to interfere on the part of the candidate
or his agent, or of any other person with the consent of the candidate or his
election agent, with the free exercise of any electoral right:
Provided
that-
(a)
without prejudice to the generality of the
provisions of this clause any such person as is referred to therein who-
(i)
threatens any candidate or any elector, or
any person in whom a candidate or an elector is interested, with injury of any
kind including social ostracism and ex-communication or expulsion from any
caste or community; or
(ii)
induces or attempts to induce a candidate or
an elector to believe that he, or any person in whom he is interested, will
become or will be rendered an object of divine displeasure or spiritual
censure, shall be deemed to interfere with the free exercise or the electoral
right of such candidate or elector within the meaning of this clause;
(b)
a declaration of public policy, or a promise
of public action, or the mere exercise of a legal right without intent to interfere
with an electoral right shall not be deemed to be interference within the
meaning of this clause.
(3)
The appeal by a candidate or his agent or by
any other person with the consent of a candidate or his election agent to vote
or refrain from voting for any person on the ground of his religion, race,
caste, community or language or the use of, or appeal to religious symbols or
the use of, or appeal to, national symbols such as the national flag or the
national emblem, for the furtherance of the prospects of the election of that
candidate or for prejudicially affecting the election of any candidate:
Provided
that no symbol allotted under any rules made under this Act to a candidate
shall be deemed to be a religious symbol or a national symbol for the purpose
of this clause.
(4)
The promotion of, or attempt to promote,
feelings of enmity of hatred between different classes of the citizens of India
on grounds of religion, race, caste, community or language, by a candidate or
his agent or any other person with the consent of a candidate or his election
agent for the furtherance of the prospects of the election of that candidate or
for prejudicially affecting the election of any candidate.
(5)
The publication by a candidate or his agent
or by any other person, with the consent of the candidate or his election agent
of any statement of fact which is false, and which he either believes to be
false or does not believe to be true, in relation to the personal character or
conduct of any candidate, or in relation to the candidature, or withdrawal, of
any candidate, being a statement reasonably calculated to prejudice the
prospects of that candidate's election.
(6)
The hiring or procuring, whether on payment
or otherwise, of any vehicle or vessel by a candidate or his agent or by any
other person with the consent of a candidate or his election agent, or the use
of such vehicle or vessel for the free conveyance of any elector (other than
the candidate himself, the members of his family or his agent) to or from any
polling station provided under section 101:
Provided
that the hiring of a vehicle or vessel by an elector or by several electors at
their joint costs for the purpose of conveying him or them to and from any such
polling station shall not be deemed to be a corrupt practice under this clause
if the vehicle or vessel so hired is a vehicle or vessel not propelled by
mechanical power:
Provided
further that the use of any public transport, vehicle or vessel or any tramcar
or railway carriage by any elector at his own cost for the purpose of going to
or coming from any such polling station shall not be deemed to be a corrupt
practice under this clause.
Explanation.-
In this clause, the expression 'Vehicle' means any vehicle used or capable of
being used for the purpose of road transport, whether propelled by mechanical
power or otherwise and whether used for drawing other vehicles or otherwise.
(7)
The incurring or authorising of expenditure
in contravention of section 141.
(8)
The obtaining or procuring or abetting or
attempting to obtain or procure by a candidate or his agent or, by any other
person with the consent of a candidate or his election agent, any assistance
(other than the giving of vote) for the furtherance of the prospects of that
candidate's election, from any person in the service of a local authority or of
Government belonging to any of the following classes, namely:-
(a)
gazetted officers;
(b)
members of the police forces;
(c)
excise officers;
(d)
revenue officers; and
(e)
such other class of persons in the service of
the Government as may be prescribed:
Provided
that where any person, in the service of a local authority or of the Government
and belonging to any of the classes aforesaid, in the discharge or purported
discharge of his official duty, makes any arrangements or provides any
facilities or does any other act or thing, for, to, in relation to, any
candidate or his election agent or any other person acting with the consent of
the candidate or his election agent, (whether by reason of the office held by
the candidate or for any other reason), such arrangements, facilities or acts
or things shall not be deemed to be assistance for the furtherance of the
prospects of that candidate's election.
(9)
Booth-capturing by a candidate or his agent
or other person acting with the consent of the candidate or his election agent.
Explanation
I.- In this section the expression "agent" includes an election
agent, a polling agent and any person who is held to have acted as an agent in
connection with the election with the consent of the candidate.
Explanation
II.- For the purposes of clause (8), a person shall be deemed to assist in the
furtherance of the prospects of a candidate's election if he acts as an
election agent of that candidate.
Explanation
III.- For the purposes of clause (8), notwithstanding anything contained in any
other law, the publication in the Gazette of the appointment, resignation,
termination of service, dismissal or removal from service of a person in the
service of the Government or of a local authority shall be conclusive proof-
(i)
of such appointment, resignation, termination
of service, dismissal or removal from service, as the case may be; and
(ii)
where the date of taking effect of such
appointment, resignation, termination of service, dismissal or removal from
service, as the case may be, is stated in such publication, also of the fact
that such person was appointed with effect from the said date, or in the case
of resignation, termination of service, dismissal or removal from service, such
person ceased to be in such service with effect from the said date.
Explanation
IV.- For the purposes of clause (9), "booth-capturing" shall have the
same meaning as in section 161.
Section 145 - Promoting enmity between classes in connection with election
Any
person who, in connection with an election under this Act, promotes or attempts
to promote on grounds of religion, race, caste, community or language, feelings
of enmity or hatred, between different classes of the citizens of India shall
be punishable with imprisonment for a term which may extend to three years, or
with fine, which may extend to ten thousand rupees or with both.
Section 146 - Prohibition of public meetings on the day preceding the election day and on the election day
(1)
No person shall convene, hold or attend any
public meeting within a ward during the period of forty-eight hours ending with
the hour fixed for the conclusion of the poll for an election in that ward.
(2)
Any person who contravenes the provisions of
sub-section (1) shall be punishable with imprisonment for a term which may
extend to three months or with fine which may extend to one thousand rupees.
Section 147 - Disturbances at election meetings
(1)
Any person who at a public meeting to which
this section applies, acts or incites others to act in a disorderly manner for
the purpose of preventing the transaction of the business for which the meeting
was called together, shall be punishable with imprisonment for a term which may
extend to three months or with fine which may extend to one thousand rupees, or
with both.
(2)
This section applies to any public meeting of
a political character held in any ward between the date of the issue of a
notification under this Act calling upon that ward to elect a Councillor and
the date on which such election is held.
(3)
If any police officer reasonably suspects any
person of committing an offence under sub-section (1) he may, if requested so
to do by the chairman of the meeting, require that person to declare to him
immediately his name and address, and if that person refuses or fails so to declare
his name and address, or if the police officer reasonably suspects him of
giving a false name or address, the police officer may arrest him without
warrant.
Section 148 - Restrictions on the printing of pamphlets, posters, etc
(1)
No person shall print or publish, or cause to
be printed or published, any election pamphlet or poster which does not bear on
its face the names and addresses of the printer and the publisher thereof.
(2)
No person shall print or cause to be printed
any election pamphlet or poster-
(a)
unless, a declaration as to the identity of
the publisher thereof, signed by him and attested by two persons to whom he is
personally known, is delivered by him to the printer in duplicate; and
(b)
unless within a reasonable time after the
printing of the document, one copy of the declaration is send by the printer,
together with one copy of the document printed to such officer as may be
authorised by the State Election Commission in this behalf.
(3)
For the purposes of this section,-
(a)
any process for multiplying copies of a
document, other than copying it by hand, shall be deemed to be printing and the
expression 'printer' shall be construed accordingly; and
(b)
"election pamphlet or poster" means
any printed pamphlet, hand bill of other document distributed for the purpose
of promoting or prejudicing the election of a candidate or a group of
candidates or any placard or poster having reference to an election, but does
not include any hand bill, placard or poster merely announcing the date, time,
place and other particulars of an election meeting or routine instructions to
election agents or workers.
(4)
Any person who contravenes any of the
provisions of sub-section (1) or sub-section (2) shall be punishable with
imprisonment for a term which may extend to six months, or with fine which may
extend to two thousand rupees, or with both.
Section 149 - Maintenance of secrecy of voting
(1)
Every officer, agent or other person who
performs any duty in connection with the recording or counting of votes at an
election shall maintain, and aid in maintaining, the secrecy of the voting and
shall not (except for some purpose authorised by or under any law) communicate
to any person any information calculated to violate such secrecy.
(2)
Any person who contravenes the provisions of
sub-section (1) shall be punishable with imprisonment for a term which may
extend to three months or with fine which shall not be less than one thousand
rupees or with both.
Section 150 - Officers etc., at election not to act for candidates or to influence voting
(1)
No person who is a District Election Officer
or a Returning Officer or an Assistant Returning Officer or a Presiding or
Polling Officer at an election, or an officer performing any duty in connection
with an election shall, in the conduct or the management of the election, do
any act (other than the giving of vote) for the furtherance of the prospects of
the election of a candidate.
(2)
No such person as aforesaid, and no member of
a police force, shall endeavour-
(a)
to persuade any person to give his vote at an
election, or
(b)
to dissuade any person from giving his vote
at an election, or
(c)
to influence the voting of any person at an
election in any manner.
(3)
Any person who contravenes the provisions of
sub-section (1) or sub-section (2) shall be punishable with imprisonment which
may extend to three years or with fine or with both.
(4)
An offence punishable under sub-section (3)
shall be cognizable.
Section 151 - Prohibition of canvassing in or near polling station
(1)
No person shall, on the date or dates on
which a poll is taken at any polling station, commit any of the following acts
within the polling station or in any public or private place within a distance
of one hundred metres of the polling station, namely:-
(a)
canvassing for votes; or
(b)
soliciting the vote of any elector; or
(c)
persuading any elector not to vote for any
particular candidate; or
(d)
persuading any elector not to vote; or
(e)
exhibiting any notice or sign (other than an
official notice) relating to the election.
(2)
Any person who contravenes the provisions of
sub-section (1) shall be punishable with imprisonment for a term which may
extend to three months or with fine which may extend to one thousand rupees.
Section 152 - Penalty for disorderly conduct in or near polling stations
(1)
No person shall, on the date or dates on
which a poll is taken at any polling station-
(a)
use or operate within or at the entrance of
the polling station, or in any public or private place in the neighbourhood
thereof, any apparatus for amplifying or reproducing the human voice, such as a
megaphone or a loudspeaker, or
(b)
shout, or otherwise act in a disorderly
manner, within or at the entrance of the polling station or in any public or
private place in the neighbourhood thereof.
so as
to cause annoyance to any person visiting the polling station for the poll, or
so as to interfere with the work of the officers and other person on duty at
the polling station.
(3)
Any person who contravenes, or wilfully aids
or abets the contravention of, the provisions of sub-section (1) shall be
punishable with imprisonment which may extend to three months or with fine
which shall not be less than one thousand rupees or with both.
(4)
Any police officer may take such steps and
use such force as may be reasonably necessary for preventing any contravention
of the provisions of sub-section (1), and may seize any apparatus used for such
contravention.
Section 153 - Penalty for misconduct at the polling station
(1)
Any person who during the hours fixed for the
poll at any polling station misconducts himself or fails to obey the lawful
directions of the presiding officer may be removed from the polling station by
the presiding officer or by any police officer on duty or by any person
authorised in this behalf by such presiding officer.
(2)
The powers conferred by sub-section (1) shall
not be exercised so as to prevent any elector who is otherwise entitled to vote
at a polling station from having an opportunity of voting at that station.
(3)
Where any person who has been so removed from
a polling station re-enters the polling station without the permission of the
Presiding Officer, he shall be punishable with imprisonment for a term which
may extend to three years or with fine or with both.
(4)
An offence punishable under sub-section (3)
shall be cognizable.
Section 154 - Penalty for failure to observe procedure for voting
Where
any elector to whom a ballot paper has been issued, refuses to observe the
procedure prescribed for voting the ballot paper issued to him shall be liable
for cancellation.
Section 155 - Penalty for illegal hiring or procuring of conveyances at elections
Where
any person is guilty of any such corrupt practice as is specified in clause (6)
of section 144 at or in connection with an election, he shall be punishable
with fine which may extend to one thousand rupees.
Section 156 - List of officers and staff of the Government Departments, local authorities or other authorities and Educational Institutions to be furnished
[or other authorities and Educational Institutions]
(1)
Every [head
of office or departmental including educational institutions of the Government
and every local authority or other authority and headmasters of aided schools
and Principal of Private affiliated Colleges] shall, on requisition by the
State Election Commission or an officer authorised by him, furnish to him a
list of [officers and staff of such
office or educational institutions] within such time as may be specified in the
requisition, for performing any duty in connection with an election to a Municipality.
Explanation,-
For the purpose of this section and section 202 "other authority"
means any authority by whatever name called, constituted or established by the
Government by or under any law for the time being in force.
(2)
If any person to whom a requisition under
sub-section (1) is made by the State Election Commission or an officer
authorised by him, fails to furnish the list of officers and staff within such
time as may be specified in such requisition, he shall be punishable with fine
which may extend to five hundred rupees.
Section 157 - Breaches of official duty in connection with elections
(1)
Where any person to whom this section applies
is without reasonable cause guilty of any act or omission in breach of his
official duty he shall be punishable with fine which may extend to five hundred
rupees.
(2)
No suit or other legal proceedings, shall lie
against such person for damages in respect of any such act or omission as
aforesaid.
(3)
The persons to whom this section applies are
the District Election Officers, Returning Officers, Assistant Returning
Officers, Presiding Officers, Polling Officers and any other person appointed
to perform any duty in connection with the receipt of nominations or withdrawal
of candidature, or the recording or counting of votes at an election; and the
expression 'official duty' shall for the purposes of this section be construed
accordingly, but shall not include duties imposed otherwise than by or under
this Act.
Section 158 - Requisitioning of premises etc., for election purposes
(1)
If it appears to the State Election
Commission or the District Election Officer that in connection with an
election-
(a)
any premises are needed or are likely to be
needed for the purpose of being used as a polling station or for the storage of
ballot boxes after a poll has been taken, or
(b)
any vehicle or vessel is needed or is likely
to be needed for the purpose of transport of ballot boxes to or from any
polling station, or transport of members of the police force for maintaining
order during the conduct of such election, or transport of any officer or other
person for the performance of any duties in connection with such election, the State Election Commission, or as the case may be, the
District Election Officer may by order in writing requisition such premises or
such vehicle or vessel as the case may be, and may make such further orders as
may appear to him to be necessary or expedient in connection with the
requisitioning:
Provided
that no vehicle or vessel which is being lawfully used by candidate or his
agent for any purposes connected with the election of such candidate shall be
requisitioned under this sub-section until the completion of the poll at such
election.
(2)
The requisition shall be effected by an order
in writing addressed to the person deemed by the State Election Commission or,
as the case may be, the District Election Officer to be the owner or person in
possession of the property.
(3)
Whenever any property is requisitioned under
sub-section (1), the period of such requisition shall not extend beyond the
period for which such property is required for any of the purposes mentioned in
that sub-section.
(4)
If any person contravenes any order made
under this section, he shall be punishable with imprisonment for a term which
may extend to three months or with fine or with both.
(5)
In this section-
(a)
"premises" means any land, building
or part of a building and includes a hut, shed or other structure or any part
thereof;
(b)
"vehicle" means any vehicle used or
capable of being used for the purpose of road transport, whether propelled by
mechanical power or otherwise;
(c)
"vessel" means any vessel used or
capable of being used for the purpose of water transport, whether propelled by
mechanical power or otherwise.
Section 159 - Penalty for Government servants or employees of a local authority for acting as election agent, polling agent or counting agent
Where
any person in the service of the Government or of a local authority acts as an
election agent or a polling agent or a counting agent of a candidate at an
election, he shall be punishable with imprisonment for a term which may extend
to three months or with fine or with both.
Section 160 - Removal of ballot papers from polling station to be an offence
(1)
Any person who, at any election, fraudulently
takes, or attempts to take, a ballot paper, out of a polling station, or
wilfully aids or abets the doing of any such act, shall be punishable with
imprisonment for a term which may extend to three years or with fine which may
extend to one thousand rupees or with both.
(2)
Where the Presiding Officer of a polling
station has reason to believe that any person is committing or has committed an
offence punishable under sub-section (1), such officer may, before such person
leaves the polling station, arrest or direct a police officer to arrest such
person and may search such person or cause him to be searched by a police
officer:
Provided
that when it is necessary to cause a woman to be searched, the search shall be
made by another woman with strict regard to decency.
(3)
Any
ballot paper found upon the person arrested on search shall be made over for
safe custody to a police officer by the Presiding Officer, or when the search
is made by a police officer, shall be kept by such officer in safe custody.
(4)
An offence punishable under sub-section (1)
shall be cognizable.
Section 161 - Offence of booth-capturing
Whoever
commits an offence of booth-capturing shall be punishable with imprisonment for
a term which shall not be less than six months but which may extend to three
years and with fine, and where such offence is committed by a person in the
service of the Government or a local Authority, he shall be punishable with
imprisonment for a term which shall not be less than three years but which may
extend to five years and with fine.
Explanation.-
For the purposes of this section, 'booth-capturing' includes, among other
things, all or any of the following activities, namely:-
(a)
seizure of a polling station or a place fixed
for the poll by any person or persons, making polling authorities surrender the
ballot papers or voting machines and doing of any other act which affects the
orderly conduct of elections;
(b)
taking possession of a polling station or a
place fixed for the poll by any person or persons and allowing only his or their
own supporters to exercise their right to vote and prevent others from voting;
(c)
threatening any elector and preventing him
from going to the polling station or a place fixed for the poll to caste his
vote;
(d)
seizure of a place for counting of votes by any
person or persons, making the counting authorities surrender the ballot papers
or voting machines and the doing of anything which affects the orderly counting
of votes;
(e)
doing by any person in the service of the
Government or a local authority of all or any of the aforesaid activities or
aiding or conniving at, any such activity in the furtherance of the prospects
of the election of a candidate.
Section 162 - Other offences and penalties therefor
(1)
A person shall be guilty of an electoral
offence, if at any election he-
(a)
fraudulently defaces or fraudulently destroys
any nomination paper; or
(b)
fraudulently defaces, destroys or removes any
list, notice or other document affixed by or under the authority of a Returning
Officer; or
(c)
fraudulently defaces or fraudulently destroys
any ballot paper or the official mark on any ballot paper or any declaration of
identity or official envelop used in connection with voting by postal ballot;
or
(d)
without due authority supplies any ballot
paper to any person, or receives any ballot paper from any person or is in
possession of any ballot paper; or
(e)
fraudulently puts into any ballot box
anything other than the ballot paper which he is authorised by law to put in;
or
(f)
without due authority destroys, takes, opens
or otherwise interferes with any ballot box or ballot papers then in use for
the purposes of the election; or
(g)
fraudulently or without due authority, as the
case may be, attempts to do any of the foregoing acts or wilfully aids or abets
the doing of any such acts.
[(h) refuses to grant leave to a person entitled under
section 202A].
(2)
Any person guilty of an electoral offence
under this section shall,-
(a)
if he is a Returning Officer or an Assistant
Returning Officer or a Presiding Officer at a polling station or any other
officer or employee on official duty in connection with the election, be
punishable with imprisonment for a term which may extend to two years or with
fine or with both;
[(aa) if he has committed an offence under section 202A,
shall be punishable with a fine which may extend to five hundred rupees.]
(b)
if he is any other person, be punishable with
imprisonment for a term which may extend to six months or with fine or with
both.
(3)
For the purposes of this section, a person
shall be deemed to be on official duty if his duty is to take part in the
conduct of an election or part of an election including the counting of votes
or to be responsible after an election for the used ballot papers and other
documents in connection with such election, but the expression 'official duty'
shall not include any duty imposed otherwise than by or under this Act.
Section 163 - Election petitions
No
election shall be called in question except by an election petition presented
in accordance with the provisions of this chapter.
Section 164 - The Court competent to try election petitions
The
court having jurisdiction to try an election petition shall be the Munsiff's
Court having jurisdiction over the place in which the office of the
Municipality is located.
Section 165 - Presentation of petitions
(1)
An election petition calling in question any
election may be presented on one or more of the grounds specified in section
178 and section 179, to the Munsiff's Court by any candidate at such election
or any elector within thirty days from, but not earlier than, the date of
election of the returned candidate.
Explanation.-
In this sub-section, "elector" means a person who was entitled to
vote at the election to which the election petition relates, whether he has
voted at such election or not.
(2)
Every election petition shall be accompanied
by as many copies thereof as there are respondents mentioned in the petition
and every such copy shall be attested by the petitioner under his own signature
to be a true copy of the petition.
Section 166 - Parties to the petition
A
petitioner shall join as respondents to his petition,-
(a)
where the petitioner, in addition to claiming
a declaration that the election of the returned candidate is void, claims a
further declaration that he himself or any other candidate has been duly
elected, all the contesting candidates other than the petitioner, and where no
such further declaration is claimed, the returned candidate; and
(b)
any other candidate against whom allegations
of any corrupt practice are made in the petition.
Section 167 - Contents of petition
(1)
An election petition,-
(a)
shall contain a concise statement of the
material facts on which the petitioner relies;
(b)
shall set forth full particulars of any
corrupt practice that the petitioner alleges, including as full a statement as
possible of the names of the parties alleged to have committed such corrupt
practice and the date and place of the commission of each such practice; and
(c)
shall be signed by the petitioner and
verified in the manner laid down in the Code of Civil Procedure, 1908 (Central
Act 5 of 1908) for the verification of pleadings:
Provided
that were the petitioner alleges any corrupt practice, the petition shall also
be accompanied by an affidavit in the prescribed form in support of the
allegation of such corrupt practice and the particulars thereof.
(2)
Any schedule or annexure to the petition
shall also be signed by the petitioner and verified in the same manner as the
petition.
Section 168 - Relief that may be claimed by the petitioner
A
petitioner may, in addition to claiming a declaration that the election of the
returned candidate is void, claim a further declaration that he himself or any
other candidate has been duly elected.
Section 169 - Trial of election petitions
(1)
The Court shall dismiss an election petition
which does not comply with the provisions of section 165 or section 166 or
section 191.
Explanation.-
An order of the court dismissing an election petition under this subsection
shall be deemed to be an order made under clause (a) of section 176.
(2)
Where more election petitions than one are
presented to the court in respect of the same election, the court may, in its
discretion, try them separately or in one or more groups.
(3)
Any candidate not already a respondent shall,
upon application made by him to the court within fourteen days from the date of
commencement of the trial and subject to any order as to security for costs
which may be made by the court, be entitled to be joined as a respondent.
Explanation.-
For the purposes of this sub-section and section [175].
the trial of a petition shall be deemed to commence on the date fixed for the
respondents to appear before the court and answer the claim or claims made in
the petition.
(4)
The court may upon such terms as to cause and
otherwise as it may deem fit, allow the particulars of any corrupt practice
alleged in the petition to be amended or amplified in such manner, as may, in
its opinion, be necessary for ensuring a fair and effective trial of the
petition, but shall not allow any amendment of the petition which will have the
effect of introducing particulars of a corrupt practice not previously alleged
in the petition.
(5)
Every election petition shall be tried as
expeditiously as possible and endeavour shall be made to conclude the trial
within six months from the date on which the election petition is presented to
the court for trial.
Section 170 - Procedure before the court
(1)
Subject to the provisions of this Act and of
any rules made thereunder, every election petition shall be tried by the court,
as nearly as may be, in accordance with the procedure applicable under the Code
of Civil Procedure, 1908 (Central Act 5 of 1908) to the trial of suits:
Provided
that the court shall have the discretion to refuse, for reasons to be recorded
in writing, to examine any witness or witnesses if it is of the opinion that
the evidence of such witness or witnesses is not material for the decision of
the petition or that the party tendering such witness or witnesses is doing so
in frivolous ground or with a view to delay the proceedings.
(2)
The provisions of the Indian Evidence Act,
1872 (Central Act 1 of 1872), shall, subject to the provisions of this Act, be
deemed to apply in all respects to the trial of an election petition.
Section 171 - Documentary evidence
Notwithstanding
anything in any enactment to the contrary, no document shall be inadmissible in
evidence at the trial of an election petition on the ground that it is not duly
stamped or registered.
Section 172 - Secrecy of voting not be infringed
No
witness or other person shall be required to state for whom he has voted at an
election.
Section 173 - Answering of criminating questions and certificate of indemnity
(1)
No witness shall be excused from answering
any question as to any matter relevant to a matter in issue in the trial of an
election petition upon the ground that the answer to such question may
criminate or may tend to criminate him, or that it may expose or may tend to
expose him to any penalty or forfeiture:
Provided
that-
(a)
a witness, who answers truly all questions
which he is required to answer shall be entitled to receive a certificate of
indemnity from the court;
(b)
an answer given by a witness to a question
put by or before the court shall not, except in the case of any criminal
proceeding for perjury in respect of the evidence, be admissible in evidence
against him in any civil or criminal proceeding.
(2)
Where a certificate of indemnity has been
granted to any witness it may be pleaded by him in any court and shall be a
full and complete defence to or upon any charge under Chapter IX A of the
Indian Penal Code (Central Act 45 of 1860), or Chapter IX of this Act arising
out of the matter to which such certificate relates, but it shall not be deemed
to relive him from any disqualification in connection with an election imposed
by this Act or any other law.
Section 174 - Expenses of witnesses
The
reasonable expenses incurred by any person in attending to give evidence may be
allowed by the court to such person and shall, unless the court otherwise
directs, be deemed to be part of the costs.
Section 175 - Recrimination when seat claimed
(1)
Where in an election petition a declaration
that any candidate other than the returned candidate has been duly elected is
claimed, the returned candidate or any other party may give evidence to prove
that the election of such candidate would have been void if he had been the
returned candidate and a petition had been presented calling in question his
election:
Provided
that the returned candidate or such other party, as aforesaid shall not be
entitled to give such evidence unless he has, within fourteen days from the
date of commencement of the trial, given notice to the court of his intention
to do so and has also given the security and the further security referred to
in sections 191 and 192 respectively.
(2)
Every notice referred to in sub-section (1)
shall be accompanied by the statement and particulars required by section 167
in the case of an election petition and shall be signed and verified in like
manner.
Section 176 - Decision of Court
At the
conclusion of the trial of an election petition, the court shall make an order-
(a)
dismissing the election petition; or
(b)
declaring the election of the returned
candidate to be void; or
(c)
declaring the election of the returned
candidate to be void and the petitioner or any other candidate to have been
duly elected.
Section 177 - Other orders to be made by court
At the
time of making an order under section 176, the court shall also make an order-
(a)
where any charge is made in the petition of
any corrupt practice having been committed at the election, recording-
(i)
a finding whether any corrupt practice has or
has not been proved to have been committed at the election, and the nature of
that corrupt practice; and
(ii)
the names of all persons, if any, who have
been proved at the trial to have been guilty of any corrupt practice and the
nature of that practice; and
(b)
fixing the total amount of costs payable and
specifying the persons by and to whom costs shall be paid:
Provided
that a person who is not a party to the petition shall not be named in the
order under sub-clause (ii) of clause (a) unless,-
(i)
he has been given notice to appear before the
court and to show cause why he should not be so named; and
(ii)
if he appears in pursuance of the notice, he
has been given an opportunity of cross examining any witness who has already
been examined by the court and has given evidence against him, of calling
evidence in his defence and of being heard.
Section 178 - Grounds for declaring election to be void
(1)
Subject to the provisions of sub-section (2)
if the court is of opinion-
(a)
that on the date of his election a returned
candidate was not qualified, or was disqualified, to be chosen to fill the seat
under this Act; or
(b)
that any corrupt practice has been committed
by a returned candidate or his election agent or by any other person with the
consent of a returned candidate or his election agent; or
(c)
that any nomination has been improperly
rejected; or
[(ca) that the details furnished by the elected candidate
under sub-section (1A) of section 108 were fake; or]
(d)
that the result of the election, in so far as
it concerns a returned candidate, has been materially affected-
(i)
by the improper acceptance of any nomination;
or
(ii)
by any corrupt practice committed in the
interests of the returned candidate by an agent other than his election agent;
or
(iii)
by the improper reception, refusal or
rejection of any vote or the reception of any vote which is void; or
(iv)
by any noncompliance with the provisions of
this Act or of any rules or orders made thereunder, the court shall declare
that the election of the returned candidate to be void.
(2)
If in the opinion of the court, a returned
candidate has been guilty by an agent, other than his election agent, of any
corrupt practice but the court is satisfied –
(a)
that no such corrupt practice was committed
at the election by the candidate or his election agent, and every such corrupt
practice was committed contrary to the orders, and without the consent, of the
candidate or his election agent;
(b)
that the candidate and his election agent
took all reasonable means for preventing the commission of corrupt practices at
the election; and
(c)
that in all other respects the election was
free from any corrupt practice on the part of the candidate or any of his
agents, then, the court may decide that the election of the returned candidate
is not void.
Explanation.-
In this section the term 'agent' has the same meaning as in section 114.
Section 179 - Grounds on which a candidate other than the returned candidate may be declared to have been elected
Where
any person who has lodged a petition has, in addition to calling in question
the election of the returned candidate, claimed a declaration that he himself
or any other candidate has been duly elected and the court is of opinion-
(a)
that in fact the petitioner or such other
candidate received a majority of the valid votes; or
(b)
that, but for the votes obtained by the
returned candidate by the corrupt practices, the petitioner or such other
candidate would have obtained a majority of the valid votes, the court shall
after declaring the election of the returned candidate to be void, declare the
petitioner or such other candidate, as the case may be, to have been duly
elected.
Section 180 - Procedure in case of an equality of votes
When
during the trial of an election petition it appears that there is an equality
of votes between any candidates at the election and that the addition of a vote
would entitle any of those candidates to be declared elected, then-
(a)
any decision made by the returning officer
under the provisions of this Act shall, in so far as it determines the question
between those candidates, be effective also for the purposes of the petition;
and
(b)
in so far as that question is not determined
by such a decision the court shall decide between them by lot and proceed as if
the one on whom the lot then falls had received an additional vote.
Section 181 - Communication of orders of court
The
court shall, as soon as may be after the conclusion of trial of an election
petition, intimate the substance of the order of the State Election Commission
and the Chairperson of the Municipality concerned and, as soon as may be,
thereafter, shall send to the State Election Commission an authenticated copy
of the order.
Section 182 - Transmission of order to the appropriate authority, etc., and its publication
As
soon as may be after the receipt of any order made by the court under section
176 or section 177, the State Election Commission shall forward copies of the
order to the Chairperson of the Municipality concerned and, shall cause the
order to be published in such manner as the State Election Commission may deem
fit.
Section 183 - Effect of orders of the court
(1)
An order under section 176 or section 177
shall take effect as soon as it is pronounced by the court.
(2)
Where by an order under section 176 the
election of a returned candidate is declared to be void, acts and proceedings
of a Municipality in which that returned candidate has, before the date
thereof, participated as Councillor shall not be invalidated by reason of that
order, nor shall such candidate be subjected to any liability or penalty on the
ground of such participation.
Section 184 - Withdrawal of election petitions
(1)
An election petition may be withdrawn only by
leave of the court and on an application made in that behalf.
(2)
Where an application for withdrawal is made
under sub-section (1) notice thereof fixing a date for the hearing of the
application shall be given to all parties to the petition and to the
Municipality concerned which shall publish the same in the office of that
Municipality.
Section 185 - Procedure for withdrawal of election petition
(1)
Where there are more petitioners than once,
on application to withdraw an election petition shall be made except with the
consent of all the petitioners.
(2)
No application for withdrawal shall be
granted if, in the opinion of the court, such application has been induced by
any bargain or consideration which ought not to be allowed.
(3)
Where the application is granted-
(a)
the petitioner shall be ordered to pay the
costs of the respondents theretofore incurred or such portion thereof as the
court may think fit;
(b)
the court shall direct that the notice of
withdrawal shall be published in the office of the court and also in the office
of the Municipality concerned;
(c)
a person who might himself have been a
petitioner may, within fourteen days of such publication apply to be
substituted as petitioner in the place of the party withdrawing, and upon
compliance with the conditions, if any, as to security, shall be entitled to be
so substituted and to continue the proceedings upon such terms as the court may
deem fit.
Section 186 - Report of withdrawal by the court to the State Election Commission
Where
an application for withdrawal is granted by the court and no person has been
substituted as petitioner under clause (c) of sub-section (3) of section 185 in
the place of the party withdrawing, the court shall report the fact to the
State Election Commission.
Section 187 - Abatement of the election petitions
(1)
An election petition shall abate only on the
death of a sole petitioner or of the survivor of several petitioners.
(2)
Where an election petition abates under
sub-section (1), the court shall cause a notice of the abatement be published
in the office of the court, in the office of the State Election Commission and
in the office of the Municipality concerned.
(3)
Any person who might himself have been a
petitioner may, within fourteen days of such publication, apply to be
substituted as petitioner and upon compliance with the conditions, if any, as
to security shall be entitled to be so substituted and to continue the
proceedings upon such terms as the court may deem fit.
Section 188 - Abatement or substitution on death of respondent
Where,
before the conclusion of the trial of an election petition, the sole respondent
dies or gives notice that he does not intend to oppose the petition or any of
the respondents dies or gives such notice and there is no other respondent who
is opposing the petition, the court shall cause notice of such event to be
published in the office of the court, in the office of the State Election
Commission and in the office of the Municipality concerned and thereupon any
person who might have been a petitioner may, within fourteen days of such
publication, apply to be substituted in place of such respondent to oppose the
petition, and shall be entitled to continue the proceedings upon such terms as
the court may think fit.
Section 189 - Appeals
(1)
Any person aggrieved by an order made by the
court under section 176 or section 177 may prefer an appeal to the District
Court on any question whether of law or of fact.
(2)
Every appeal under this section shall be
preferred within a period of thirty days from the date of the order of the
court under section 176 or section 177:
Provided
that the District Court may entertain an appeal after the expiry of the said
period of thirty days, if it is satisfied that the appellant had sufficient
cause for not preferring the appeal within such period.
Section 190 - Procedure in appeal
(1)
Subject to the provisions of this Act and of
the rules, if any made there under the District Court may dispose of the appeal
in accordance with the procedure laid down in the Code of Civil Procedure, 1908
(Central Act 5 of 1908) for the hearing of appeals and the decision of the
District Court in the appeal shall be final.
(2)
As soon as an appeal is decided, the District
Court shall intimate the substance of the decision to the State Election
Commission and the Chairperson of the Municipality concerned and as soon as may
be, thereafter shall send to the State Election Commission an authenticated
copy of the decision; and upon its receipt, the State Election Commission
shall-
(a)
forward a copy thereof to the Chairperson of
the Municipality concerned.
(b)
cause the decision to be published in such
manner as the State Election Commission may deem fit.
Section 191 - Security for costs
(1)
At the time of presenting an election
petition, the petitioner shall deposit in the Munsiff's Court a sum of one
thousand rupees as security or enclose with the petition a Government treasury
receipt showing that the deposit of the said amount has been made by him in a
Government treasury in favour of the Munsiff as security for the costs of the
petition.
(2)
During the course of the trial of an election
petition, the court may, at any time, call upon the petitioner to give such
further security for costs as it may direct and if the petitioner fails to do
so dismiss the petition.
Section 192 - Security for costs from a respondent
No person
shall be entitled to be joined as a respondent under sub-section (3) of section
169 unless he has given such security for costs as the court may direct.
Section 193 - Costs
Costs
shall be in the discretion of the court, provided that where a petition is
dismissed under clause (a) of section 176, the returned candidate shall be
entitled to the costs incurred by him in contesting the petition and
accordingly the court shall make an order for costs in favour of the returned
candidate.
Section 194 - Payment of costs out of security deposits and return of such deposits
(1)
Where in any order as to costs under the
provisions of this Chapter there is a direction for payment of costs by any
party to any person, such costs shall, if they have not been already paid, be
paid in full or so far as possible, out of the security deposit and the further
security deposit, if any, made by such party under this Chapter on an
application made in writing in that behalf within a period of one year, from
the date of such order to the court by the person in whose favour the costs
have been awarded.
(2)
Where there is any balance left out of any of
the said security deposits after payment under sub-section (1) of the costs
referred to in that sub-section, such balance, or where no costs have been
awarded or no application as aforesaid has been made within the said period of
one year the whole of the said security deposits may, on an application made in
that behalf in writing to the court by the person by whom the deposits have
been made, or if such person dies after making such deposits, by the legal
representative of such person, be returned to the said person or to his legal
representative, as the case may be.
Section 195 - Execution of orders as to costs
Any
order as to costs under the provisions of this Chapter may be produced before
the principal civil court of original jurisdiction within the local limits of
whose jurisdiction any person directed by such order to pay any sum of money
has a place of residence or business, and such court shall execute the order or
cause the same to be executed in the same manner and by the same procedure as
if it were a decree for the payment of money made by itself in a suit:
Provided
that where any such costs or any portion thereof may be recovered by an
application made under sub-section (1) of section 194 no application shall lie
under this section within a period of one year from the date of such order
unless it is for the recovery of the balance of any costs which has been left
unrealised after an application has been made under that sub-section owing to
the insufficiency of the amount of the security deposits referred to in that
sub-section.
Section 196 - Powers of the State Election Commission
(1)
The State Election Commission shall in the
performance of its functions under this Act have all the powers of a Civil
Court, while trying a suit under the Code of Civil Procedure, 1908 (Central Act
5 of 1908), in respect of the following matters, namely:-
(a)
summoning and enforcing the attendance of any
person and examining him on oath;
(b)
requiring the discovery and production of any
document or other material object producible as evidence;
(c)
receiving evidence on affidavits;
(d)
requisitioning any public record or a copy
thereof from any court or office;
(e)
issuing commissions for the examination of
witnesses or documents.
(2)
The State Election Commission shall also have
the power to require any person, subject to any privilege which may be claimed
by that person under any law for the time being in force, to furnish information
on such points or matters as in the opinion of the Commission may be useful
for, or relevant to, the subject matter of the inquiry.
(3)
The State Election Commission shall be deemed
to be a civil court and when any such offence, as is described in section 175,
section 178, section 179, section 180 or section 228 of the Indian Penal Code
(Central Act 45 of 1860), is committed in the view or presence of the
Commission, the Commission may after recording the facts constituting the
offence and the statement of the accused as provided for in the Code of
Criminal Procedure, 1973 (Central Act 2 of 1974), forward the case to a
magistrate having jurisdiction to try the same and the magistrate to whom any
such case is forwarded shall proceed to hear the complaint against the accused
as if the case had been forwarded to him under section 346 of the Code of
Criminal Procedure, 1973 (Central Act 2 of 1974).
(4)
Any proceeding before the Commission shall be
deemed to be a judicial proceeding within the meaning of section 193 and
section 228 of the Indian Penal Code (Central Act 45 of 1860).
[(5) Notwithstanding anything contained in this Act or in
any other law where the State Election Commission is satisfied on enquiry that
any petition filed before him against any person is frivolous and his baseless
and hot in good faith, the Commission may direct the petitioner to pay such
costs for conducting such enquiry by the opposite party.]
Section 197 - Statements made by persons to the State Election Commission
No
statement made by a person in course of giving evidence before the State
Election Commission shall subject him to, or be used against him in, any civil
or criminal proceeding except a prosecution for giving false evidence by such
statement:
Provided
that the statement-
(a)
is made in reply to a question which he is
required by the State Election Commission to answer; or
(b)
is relevant to the subject matter of the
inquiry.
Section 198 - Procedure to be followed by the State Election Commission
The
State Election Commission shall have the power to regulate its own procedure,
including the fixing of places and times of its sittings and deciding whether
to sit in public or in private.
Section 199 - Protection of action taken in good faith
No
suit, prosecution or other legal proceedings shall lie against the State
Election Commission or any person acting under the direction of the Commission
in respect of anything which is in good faith done or intended to be done in
pursuance of the forgoing provisions of this Chapter or of any order made
thereunder or in respect of the tendering of any opinion by the Commission to
the Governor or to the Government or in respect of the publication, by or under
the authority of the Commission of any such opinion, paper or proceedings.
Section 200 - Extension of time for completion of election
It
shall be competent for the State Election Commission for reason which it
considers sufficient, to extend the time for the completion of any election by
making necessary amendments in the notification issued by it under section 105.
Section 201 - Return or forfeiture of candidate's deposit
(1)
The deposit made under section 109 shall
either be returned to the persons making it or his legal representative or be
forfeited to the Municipality concerned in accordance with the provisions of
this section.
(2)
Except in cases hereafter mentioned in this
section, the deposit shall be returned as soon as practicable after the result
of the election is declared.
(3)
If the candidate is not shown in the list of
contesting candidates, or if he dies before the commencement of the poll, the
deposit shall be returned as soon as practicable after the publication of the
list or after his death, as the case may be.
(4)
Subject to the provisions of sub-section (3),
the deposit shall be forfeited if at an election where a poll has been taken,
the candidate is not elected and the number of valid votes polled by him does
not exceed one-sixth of the total number of valid votes polled by all the
candidates.
Section 202 - Staff to be made available
Every
department of the Government and every local authority or other authority and
every educational institutions including aided schools and private affiliated
colleges in the State shall, when so requested by the State Election Commission
or the District Election Officer, make available-
(a)
to the Electoral Registration Officer, such
staff as may be necessary for the performance of any duties in connection with
the preparation and revision of electoral rolls; or
(b)
to any Returning Officer such staff as may be
necessary for the performance of any duties in connection with an election.
Section 202A - Grant of paid holiday to employees on the day of general election
[(1) Every person engaged in the work in any industrial
establishment or trade establishment or commercial establishment or in any
other establishment in the private sector who is eligible to vote in the Municipality
election shall be granted leave on the day of general election.
(2) The wages of
any such person shall not be reduced or disallowed on account of the leave
granted as per sub-section (1), even though such person is appointed on the
basis that wage will not ordinarily be paid for such date, he shall be paid the
wages that would have been received by him on such date, had he not been
granted leave for that day.
(3) This section shall not be applicable where,
the absence of the voter may be injurious or causes substantial loss to the
work in which he is engaged.]
Section 203 - Jurisdiction of civil courts barred
No
Civil Court shall have jurisdiction-
(a)
to entertain or adjudicate upon any question
whether any person is or is not entitled to be registered in an electoral roll
of a ward in a Municipality; or
(b)
to entertain any question on the legality of
any action taken by or under the authority of an electoral registration officer
or of any decision given by any other person appointed under this act for the
revision of any such roll; or
(c)
to entertain any question on the legality of
any action taken or of any decision given by the Returning Officer or by any
other person appointed under this Act in connection with an election.
Section 204 - Expenses in connection with elections
Funds
to meet all expenses in connection with the elections including those in
relation to the preparation of the electoral rolls therefor shall be met by the
Government at the first instance and such expenses shall be reimbursed to the
Government by the Municipalities concerned in such manner as may be prescribed.
Section 205 - Finance Commission
The
Finance Commission constituted under Article 243-I shall review the financial
position of Municipalities.
Section 206 - Powers and functions of the Finance Commission
(1)
The Finance Commission shall make
recommendations to the Governor as to-
(a)
the principles which should govern-
(i)
the distribution between the State and the
Municipalities of the net proceeds of the taxes, duties, tolls and fees
leviable by the State, which may be divided between them and the allocation
between the Municipalities of their respective shares of such proceeds;
(ii)
the determination of taxes, duties, tolls and
fees which may be assigned to, or appropriated, by the Municipalities;
(iii)
the grant-in-aid to the Municipalities from
the Consolidated Fund of the State;
(b)
the measures needed to improve the financial
position of the Municipalities;
(c)
any other matter referred to the Finance
Commission by the Governor in the interests of sound finance of the
Municipalities.
(2)
The Governor shall cause every recommendation
made by the Commission under sub-section (1) together with an explanatory
memorandum as to the action taken thereon to be laid before the Legislative
Assembly.
Section 207 - Vesting of Public Streets and appurtenance in Municipality
(1)
Notwithstanding anything contained in the
Kerala Land Conservancy Act, 1957 (8 of 1958) or in any other law for the time
being in force ail public roads, streets, lanes and paths, the bridges,
ditches, dykes and fences on or beside the same, and all adjacent land not
being private property appertaining thereto in any municipal area other
than [National Highway or State
Highway or major district road or roads classified by Government as such] shall
stand transferred to, and vest absolutely in the Municipality together with all
pavements, stones and other materials and other things provided therein, all
sewers, drains, drainage works, tunnels and culverts, whether made at the cost
of the Municipal fund or otherwise in, alongside or under such roads and all
works, materials and things appertaining thereto.
[(2) Notwithstanding anything contained in sub-section
(1) the Government may, by notification in the Gazette, at any time, withdraw such
public roads and or streets, sewer drain, drainage work tunnel or culvert
adjacent to it from the control of the Municipality for the purpose of
classifying, it as any public road, street, National Highway, State Highway or
Major District road under the control of Municipality and thereupon it shall
revest in the Government on issuing such a notification:
Provided
that before issuing such a notification, the Government shall consult the
Municipality concerned and give due regard to the objections, if any.]
Section 208 - Duty of Municipality in respect of public streets withdrawn from its control
Where
any public street has been withdrawn from the control of a Municipality under
sub-section (2) of section 207 and placed under the control of the Government
or under the control of any other authority by the Government, it shall be the
duty of the Municipality to provide at the cost of the municipal fund, to such
extend as the Government may, by general or special order, direct-
(a)
for the lighting, watering, scavenging and
drainage of such street;
(b)
for the provision, maintenance and repair of
the water-supply mains, drains and sewers in, alongside, or under such street;
(c)
for the provision, maintenance and repair of
footways attached to such street:
Provided
that where in the discharge of such duties, it is necessary for the
Municipality to open and break up the soil or pavement of any such street, the
Municipality shall obtain the previous consent of such officer as the
Government may by general or special order, specify.
Provided
further that in cases of emergency, the Municipality may, without such consent,
open and break up soil or pavement of any such street, but shall, as far as
practicable, restore such soil or pavement to the condition in which it was immediately
before it was opened and broken up; and a report of the action so taken and the
reasons therefor shall be sent forthwith to the officer specified under the
foregoing proviso.
Section 208A - Transfer of water courses, springs, reservoirs, etc, to Municipalities
[(1) Notwithstanding anything contained in the Kerala
Land Conservancy Act, 1957 (8 of 1958) or in any other law for the time being
in force, all public water courses including those which the public have been
using so as to give them easement rights over them, (other than rivers flowing
through the municipal areas and other areas as may be specified by Government,
by notification in the Gazette) whether existing at the commencement of this
Act or were made; set up or constructed, thereafter whether made or constructed
at the cost of the Municipality or not, along with their river beds, banks,
springs, channels for irrigation and drainage, canals, lakes, backwaters, water
courses all water whether standing, or flowing streams, reservoirs, ponds,
water beds, fountains, wells, 'Kappus' channels stand pipes, and other water
reservoirs and any land appertaining there to other than private property shall
stand transferred to and shall absolutely vest in the Municipality:
Provided
that nothing contained in this sub-section shall apply to an irrigation project
or any work connected therewith or any land appertaining thereto.
(2) Subject to
the provisions of this Act, all rights and liabilities of the Government in
respect of the water-courses, springs, resevoirs, ponds, water beds, fountains,
wells, channels, standpipes and other works connected with water shall be
vested on the Municipality under sub-section (1) and shall be the rights and
liabilities of the municipality from the date of such vesting.
(3) Notwithstanding anything contained in
sub-section (1) and sub-section (2), the Government may, after consultation
with the Municipality and after giving due consideration to its objections, if
any, take over the administration of any public water source and the public
land appertaining thereto.
(4) It shall be
unlawful for any person to reserve or take for himself from any land whether
poramboke or otherwise transferred or vested in the Municipality under this
Act, any tree, earth, sand, metal, laterite, limeshell or other valuable
articles which may be notified by the Municipality, without a permit issued by
the Municipality in this behalf and in accordance with the terms and conditions
thereof and on payment of fee or compensation at such rates as may be fixed by
the Municipality.]
Section 209 - [Omitted]
[x x x]
Section 210 - Management of public institution
(1)
The management, control and administration of
every public institution maintained exclusively out of the Municipal fund shall
vest in the Municipality.
(2)
When any public institution has been placed
under the direction, management and control of the Municipality, all property,
endowments and funds belonging thereto shall be held by the Municipality in
trust for the purposes to which such property, endowments and funds were
lawfully applicable at the time when the institution was so placed:
Provided
that the extent of the independent authority of the Municipality in respect of
any such institution may, from time to time, be prescribed by the Government:
Provided
also that nothing in this section shall be held to prevent the vesting of any
trust property in the Treasurer of Charitable Endowments under the law relating
to charitable endowments for the time being in force.
Section 211 - Inventory of municipal property
(1)
The Secretary shall maintain an inventory of
all immovable property owned by the Municipality or to which the Municipality
has a reversionary right.
(2)
A copy of the said inventory shall be
deposited with the Government and all changes shall be forthwith communicated
to them.
Section 212 - Limitation of power to accept property in trust
A
Municipality may accept trusts relating exclusively to the furtherance of any
purpose to which the Municipal fund may be applied.
Section 213 - Objects not provided for by this Act
The
Government may, in consultation with a Municipality, transfer to the
Municipality the management of any institution or the execution of any work not
provided for by this Act, and it shall thereupon be lawful for the Municipality
to undertake such management or execution:
Provided
that in very such case, the funds required for such management or execution
shall be placed at the disposal of the Municipality by the Government.
Section 214 - Procedure for acquisition of immovable property under the Land Acquisition Act
[(1)] Any immovable property which a Municipality is
authorised by this Act to acquire may be acquired in accordance with the
provisions of the Land Acquisition Act for the time being in force, and on
payment of the compensation awarded under this said Act in respect of such
property and of any other changes incurred in acquiring it, the said property
shall vest in the Municipality:
Provided
that nothing contained in this section shall be deemed to prevent any
Municipality from acquiring immovable property either through private purchase
or any free surrender.
[(2) The Municipality shall implead in all Court
proceedings relating to the acquisition of land for the Municipality.]
Section 215 - Power of Municipality to acquire and dispose of property
[(1) A
Municipality may in the manner prescribed, acquire any property such as land or
building within or outside its Municipal area or dispose of any of its
properties with the prior approval of the Government for providing any
arrangement or facility for a public purpose.]
(2) (a) A Municipality may
construct commercial or other buildings and let them out to the public who need
them on licence and may charge such fees as it may fix for the use and
occupation of the same, [in
the manner prescribed];
(b) [x
x x]
Provided
that after the said period, a licence may be renewed subject to such terms and
conditions as may be fixed at that time;
(c) In all cases except renewal of licence or
rehabilitation of a licensee, licence shall be granted only by public auction
or tender.
(3) Every licence under sub-section (2) shall
contain terms and conditions governing the use and occupation of the building
or room or space therein and the rate and time of payment of fees and such
terms and conditions shall be reduced in writing in the form of an agreement in
stamp paper of the appropriate value.
(4) No building
or room or space let out under sub-section (2) shall be sub-let by the licensee
to any person nor the nature of use changed without the prior approval of the
Municipality;
Provided
that the Municipality may at the instance of a licensee transfer the licence to
any other person subject to such terms and conditions as it may deem fit to
impose and upon such transfer, it shall be deemed to be a fresh licence for all
purposes.
(5) Where at any
time it appears to the Secretary that any building, room or space let out to
any person under sub-section (2) has been sub-let, he shall by order,
immediately cancel the licence issued to such person and direct the person or
persons in use and occupation of the building, room or space, as the case may
be, to vacate within such time as may be specified in the order:
Provided
that the Secretary shall, before issuing an order cancelling the licence and
evicting the user or occupier give notice to such person requiring him to show
cause within a reasonable time to be specified in the notice, why such an order
should not be made.
(6) Where an
order issued under sub-section (5) is not complied with within the time
specified therein, the Secretary shall cause such person or persons to be
removed from the building, room or space with the assistance of police and
close down the building, room or space as the case may be, and thereupon all
properties found in such premises shall, belong to the Municipality and shall
be disposed of and the proceeds credited to the municipal fund.
(7) Every person
to whom a licence has been issued under sub-section (2) shall pay without
demand the licence fee and other charges at the rate specified in the agreement
within such time as may be specified therein.
(8) Where any
licensee defaults payment of licence fee for a period exceeding the period
covered by the deposit made in terms of the licence, the Secretary shall, by
notice, in writing, require the defaulter to remit the dues together with such
penalty or interest as provided in the agreement within seven days of service
of such notice and in case of failure, he shall immediately cause the premises
to be closed down temporarily and the person or persons in occupation shall be
got removed with the assistance of police or otherwise.
(9) Notwithstanding
the closure of the premises under sub-section (8) the licensee shall continue
to be the user and occupier of the premises and shall be responsible for the
safe custody of the belongings therein, but he shall not break open the
premises and re-enter therein and if he does so, he shall be deemed to have
committed an offence under section 380 of the Indian Penal Code (Central Act 45
of 1860).
(10) Where the
Secretary closed down a premises under sub-section (8), he shall, by notice,
direct the licensee to clear off the dues within such time as may be specified
in the notice.
(11) Where the
licensee remits the dues as required in the notice under sub-section (10), the
Secretary shall immediately put him in physical possession of the premises and
if he fails to clear of the dues the Secretary shall cancel the licence
forthwith and the order cancelling the licence shall be communicated to him and
if, for any reason, the order cannot be communicated to him in person it shall
be published in the premises closed down under sub-section (8) which shall be
deemed to be a sufficient notice.
(12) Where the
Secretary has cancelled a licence under sub-section (11) he shall, with
previous notice to the licensee and after public notice, dispose of by auction
or otherwise the belongings found in the premises closed down on the day
notified, and the proceeds thereof shall be adjusted towards the amount due
from the licensee together with other charges and expenses in connection with
the sale and the balance, if any, shall be returned to him. If the sale
proceeds are not sufficient to defray the dues together with other charges or
expenses in connection with the sale, the balance shall be recoverable from the
licensee as if it were an arrear of property tax.
Section 216 - Power of Municipality to execute works on contract or otherwise
[(1) The Council may determine, either generally in the
case of any class of works or specially in the case of any specific work, as to
whether the works shall be executed through a Contractor or directly or through
any beneficiary committee:
Provided
that if any work is done by a benami contractor, in the guise of a beneficiary
committee or of direct execution the amount expended on such work shall be
deemed to be misappropriation of funds and the amount shall be recovered from
those who are responsible for such expenditure.]
(2) Every
Municipality, may, if it is found necessary in the interests of administration,
enter into contracts with any person or agency for the performance of any work
which the Council is under a duty to discharge under this Act, for
such period and subject to such conditions as it may deem fit.
[(3) The preparation of estimates of works, its
execution, the supervision thereof and incurring the expenditure thereto shall
be done in the manner as prescribed.]
Section 217 - Power of the different authorities to sanction estimates
[(1) Subject to the availability of resources and the
provision in the budget estimate, the Authority competent to accord
administrative sanction to the estimates of any works or schemes and the limit
up to which such sanction may be accorded shall be as shown below, namely:-
|
(a) Town
Panchayat
|
|
|
(i) Standing
Committee
|
Upto twenty-five
thousand rupees
|
|
(ii) Council
|
Exceeding
twenty-five thousand rupees
|
|
(b) Municipal
Council
|
|
|
(i) Standing
Committee
|
Upto fifty
thousand rupees
|
|
(ii) Council
|
Exceeding fifty
thousand rupees
|
|
(c) Municipal
Corporation
|
|
|
(i) Standing
Committee
|
Upto one lakh
rupees
|
|
(ii) Council
|
Exceeding one
lakh rupees.]
|
(2) Subject to
availability of resources, the powers vested in the authorities to sanction
estimates shall, in cases in which consultation with the District Planning
Committee concerned is necessary, be subject to such rates as may be made by
the Government relating to technical scrutiny and sanction of the estimates by
competent technical officers.
Section 218 - General provisions regarding contracts
(1)
A Municipality may enter into and perform all
such contracts as it may consider necessary or expedient for carrying into
effect the provisions of this Act.
(2)
The making of contracts under or for any
purpose of this Act shall be subject to the following provisions, namely:-
(a)
every contract shall be made on behalf of the
Municipality by the Secretary;
(b)
no contract for any purpose, which, in
accordance with any provision of this Act, the Secretary may not carry out
without the sanction of one of the other municipal authorities, shall be made
by him unless such sanction has been obtained;
(c)
Where tender is necessary no contract shall
be made by the Secretary unless the tender therefore has been accepted by the
competent authority;
Explanation.-
The term 'tender' in this clause shall include any bid at an auction.
(d)
[xxx]
(3)
[x x x]
Section 219 - Mode of making contracts
(1)
Every contract entered into by the Secretary
on behalf of a Municipality shall be entered into in such manner and form as to
bind him if it were made on his own behalf, and may in like manner and form be
varied or discharged:
Provided
that-
(a)
the common seal of the Municipality shall be
affixed to every contract; and
(b)
in the case of contracts for the execution of
any work or the supply of any materials or services the cost of which exceeds
one thousand rupees, and in the case of all other contracts whatever be their
value, the contract shall be in writing and shall be sealed with the common
seal of the Municipality and shall specify-
(i)
in the case of contracts for execution of
works, supplies or service, the quantity of the work or the materials or
services to be supplied, the cost to be paid for them and the time within which
the work, supply or service should be completed; and
(ii)
in the case of all other contracts, the
relevant particulars.
(2)
The common seal of the Municipality shall
remain in the custody of the Secretary and shall not be affixed to any contract
or other instrument except in his presence.
(3)
No contract executed otherwise than as
provided in this section shall be binding on the Municipality.
Section 220 - [Omitted]
[x x x]
Section 221 - Security for performance of contracts
The
Secretary shall take sufficient security for the due performance of every
contracts into which he enters after a tender has been accepted, and may take
security for the due performance of any other contract into which he enters
under this Act.
Section 222 - [190][Officers and employees of Municipality]
[(1) The officers
and employees of a Municipality, other than contingent employees, shall be
Government servants.
(1A) The
Municipality shall pay the officers and employees such salary and allowances as
may from, time to time, be fixed by the Government and shall also make such
contribution towards their leave salary, pension and provident fund, as may be
required by the conditions of their service under the Government, to be made by
them or on their behalf.
(1B) Subject to the provisions of this Act,
the Government shall by rules made under the Kerala Public Services Act, 1968
(19 of 1968), regulate the classifications, method of recruitment, conditions
of service, pay and allowances, discipline and conduct of the officers and the
employees and such rules may provide for the constitution of a separate
service, for any class of officers or employees of Municipalities either for
the whole State or for each district.]
(2) Subject to such rules as may be made the power to
sanction leave to the officers and employees of the Municipality shall be
vested in the Secretary.
(3) The Municipal Council shall subject to such rules as may
be made in this behalf, have the power to impose minor penalties on any officer
or employee of the Municipality.
(4) An appeal may be preferred against an order of the
Council imposing a minor penalty to the authority empowered (hereinafter
referred to as "authority") in this behalf.
(5) An appeal under sub-section (4) shall be in such form and
shall be filed within such time and manner as may be prescribed.
(6) The Authority shall, on receipt of an appeal under
sub-section (4) give the appellant an opportunity of being heard and may either
confirm, cancel or modify the order appealed against or may pass such other
order as it deems fit.
(7) The Government may, either suo motu or on application
call for the records relating to any order passed under sub-section (6), review
such order and may pass such order in respect of the same as they deem fit:
[(8) in the case where disciplinary proceedings, which
may result in the imposition of a major penalty, have to be initiated, against
officers or employees of the Municipality, the Chairperson shall have the power
to report to the authority competent to impose major penalty on such officer or
employee. Under the rules applicable to such officer or employee, and the
authority shall consider the report and inform the Chairperson the final
decision taken thereon.
(9) Every
Municipality shall, make available the services, of its officers and employees,
for the performance of the functions, entrusted by the Government, which
involved the implementation of any scheme, project or plan.]
Provided
that no application for review shall be entertained after the expiry of thirty
days from the date the order sought to be reviewed was received by the
applicant:
Provided
further that an order affecting any party shall be passed only after giving
that party an opportunity of submitting a representation:
Provided
also that no review shall be done by the Government suo motu after the expiry
of one year from the date of the order sought to be reviewed.
Section 223 - Creation of posts under Municipality
(1)
No post in the service of a Municipality
shall be created except with the previous sanction of the Government.
(2)
While according sanction under sub-section
(1) the Government shall give due regard to the necessity and financial
soundness of the Municipality.
Section 224 - Appointing Authorities
[(1) The Council shall be the appointing authority in
respect of the contingent posts in the Municipal Service and appointment orders
in respect of them shall be issued by the Secretary, with the approval of the
Council.
(2) The
Government or the officer authorised by them in this behalf shall be the
appointing authority in respect of all other posts whether they are included in
the [194][Local
Self Government Department Common Service] or
not].
Section 225 - The Health Officer, the Engineer, the Electrical Engineer etc
(1)
The Government may, after consulting a
Municipality, sanction a post of Health Officer and a post of Municipal
Engineer for that Municipality.
(2)
The Government may, after consulting a
Municipality, which has undertaken the generation, transmission or supply of
electrical energy, sanction a post of Municipal Electrical Engineer for that
Municipality.
(3)
The Government may sanction the post of [Deputy
Secretary,] Finance Manager, Accounts Officer, Revenue Officer and such other
posts in a Municipal Corporation and giving due regard to the necessity and
financial soundness of a Municipality may also sanction similar posts in a Town
Panchayat and a Municipal Council.
(4)
The Finance Manager shall, in addition to his
duty as such, function as the advisor and Secretary to the Standing Committee
for Taxation, Finance and Accounts of the Municipality concerned.
Section 226 - Control of Chairperson over Health Officer
[(1) Notwithstanding anything contained in
Travancore-Cochin Public Health Act, 1955 (XIV of 1955) or Madras Public Health
Act, 1939 (Madras Act Ml of 1939) the functions vested in the Secretary under
this Act relating to public health matters and which are conferred upon the
Health Officer by Section 14 of the Travancore-Cochin Public Health Act, 1955
(XIV of 1955), or Section 16 of the Madras Public Health Act, 1939 (Madras Act
III of 1939), except the functions involving expenditure from the Municipal
fund, shall be exercised by the health officer subject to the control and
supervision of the Chairperson.
(2) Where there
is no Health Officer in any Municipality the Senior Medical Officer of
hospital, or public health centres or dispensaries under the control of that
Municipality, shall be the health officer ex-officio of the Municipality].
Section 227 - Special Provisions regarding Government servants lent to Municipality
[(1) Subject to the terms and conditions as prescribed,
the Government may transfer their officers and employees to the service of the
Municipalities for the implementation of schemes, projects and plans entrusted
or vested in the Municipality under this Act.
(1A) The Government officers and employees transferred to
a Municipality under sub-section (1) shall perform, in addition to their normal
functions, any other connected functions assigned to them by the Municipality
as if they are officers and employees of the Municipality.
(1B) The officers and employees so transferred shall be
under the control and supervision of the Municipality, and the terms and
conditions in regard to their services including disciplinary actions, shall
continue to be the same as that applicable to them under the Government subject
to the other provisions of this Act.
(1C) The salary of the Government employees transferred
to the Municipality shall be paid by the Government, until the Government
decide that it shall be paid from the Municipal Fund.]
(2) If such servant while employed in the
Municipality or if any other servant of the Municipality does any work for the
Government, the Government shall contribute to the municipal fund so much of
the salary of such servant as the Government may consider to be an equivalent
for such work.
(3) No Government
servant employed by a Municipality shall, except in cases of emergency, be
withdrawn from the service of the Municipality without its consent, unless and
until the Government shall have given three months notice in writing to that
effect to the Municipality or unless some other Government servant has been
deputed to replace the one withdrawn.
(4) Government
servants employed by a Municipality shall be entitled to leave and other
privileges in accordance with the rules applicable to them while in Government
service.
(5) Where
disciplinary proceedings have to be initiated against any officer or employee
referred to in sub-section (1), the Chairperson concerned shall have the right
to conduct enquiry against such officer or employee and to submit report to
Government.
(6) Notwithstanding
anything contained in sub-section (5), the council shall have power, subject to
such rules as may be made in this behalf, to impose minor penalties on any
officer or employee referred to under sub-section (1).
Section 228 - Control of Secretary over establishment
[Subject to the provisions of this Act and bye-laws and
regulations for the time being in force, the Secretary shall specify the duties
of the officers and employees of the municipal establishment and Secretary
shall exercise supervision and control over them.]
Section 229 - Power of Chairperson over establishment
[The Chairperson shall exercise supervision and control
over the work of all officers and staff under the Municipality, including the
Government officers and employees who have been transferred to the Municipality
by the Government under Section 30, or Section 52, or Section, 227; and may
require the Secretary, to make available all necessary reports and informations
relating to their work and shall have authority to issue all directions
necessary for the speedy implementation of the decisions of the Council, or a Committee
thereof.
Section 229A - Relationship between the Elected Authorities and the Officers
(1)
The Government shall prescribe a general code
of conduct relating the relationship between the elected authorities of the
Municipality and its employees for the purpose of protection of the right of
the officers and employees, under the control of the Municipality to tender
advice on the matters dealt with by them, and their professional freedom and
statutory rights.
(2)
The views expressed by the officials shall be
included in the minutes of discussions.
(3)
There shall be a mutual respect in behaviour
between the elected authorities, officials and employees of the Municipality,
totally avoiding rude language, gesture or action.
(4)
Any complaints on the infringement of the
code of conduct by the elected authorities shall be considered by the Ombudsman
for Local Self Government Institutions, constituted under section 271 G of the
Kerala Panchayat Raj Act, 1994 (13 of 1994) and the report thereon shall be
forwarded to the Government for appropriate action.
(5)
Oral instructions by the elected authorities
to the officials shall be confirmed in writing before they are implemented.
Section 229B - Exercise of statutory functions of the officials
Where
any officer of the Municipality is vested with any statutory powers or
functions to be independently and solely exercised by such officer, the
Council, the Chairperson, the Chairman of standing committee or any Councillor,
shall not interfere with or influence in the exercise of such powers or
functions by such officer.]
Section 230 - Enumeration of taxes and duties
(1)
Every Municipality may levy-
(a)
a property tax;
(b)
a profession tax;
(c)
a tax on animals and vessels;
(d)
a show tax;
(e)
a tax on advertisements;
(f)
a tax on timber brought into the municipal
area;
(g)
a duty on certain transfers of immovable
property in the shape of an additional stamp duty subject to the rules framed
by Government.
(2)
The Municipality may, for the purpose of
providing any specific civic service or amenity levy a surcharge on any tax
other than profession tax levied by the Municipality;
Provided
that no surcharge shall be levied if a tax or cess is already being levied for
the same purpose:
Provided
further that such surcharge shall, in no case, exceed [fifty
per cent], of the amount of the tax.
(3)
The Municipality may in the manner prescribed
levy a land conversion cess not exceeding rupees seventy five per are from the
landholder in respect of a paddy field, marshy land, pond or watershed held by
him which is converted into garden land or building site.
[(4) Municipality may levy service cess on sanitation,
water supply, street light and drainage in all places for providing such new
services at the rate fixed by the Council of the Municipality subject to the
minimum rate prescribed for such services.]
Explanation.-
Nothing in this section shall be deemed to affect any of the provisions of the
Kerala Land Utilisation Order, 1967.
Section 231 - Resolution of the Council deciding to levy tax
[(1) Any resolution of a Council of a Municipality
determining to levy a tax shall specify the rate at which and the date from
which any such tax shall be levied:
Provided
that in the case of property tax, the rates and the date from which they shall
come into force shall be fixed as per section 233 and the rules made
thereunder.
(2) Before passing a resolution imposing tax for
the first time or increasing the rate of an existing tax, a notice showing the
intention of the resolution shall be published in the Gazette and at least in
one Newspaper published in the language of the locality having wide circulation
in the area of the Municipality, on the notice board of the office of the
Municipality and in such other places within the Municipal area as may be
specified by the Council and in any other manner as it may determine, of its
intention of the resolution, fix a reasonable period not being less than
fifteen days for submission of objections, and consider the objection, if any
received within the specified period.
(3) Any
resolution abolishing an existing tax or reducing the rate at which a tax is
levied shall immediately be reported to the Government and it shall not be
implemented without the sanction of the Government:
Provided
that in the case of a Municipality which has an outstanding loan from the
Government or from the public or from any financial institution or from any
other local body, the Government shall not accord sanction for such abolition
or reduction.
(4) Where any
resolution under this section has taken effect for a particular year, no
proposal to alter the rate or date fixed in such resolution so far as that year
is concerned shall be taken into consideration by the Council.]
Section 232 - Notification of new taxes
Where
a Council determines under section 231 to levy any tax for the first time or at
a new rate, the Secretary shall forthwith publish in the prescribed manner the
rate at which, the date from which and the period of levy, if any, for which
such tax shall be levied.
Section 233 - Property Tax
[(1) Every Council of the Municipality shall, in
accordance with the provisions of this Act and the rules as may be prescribed,
levy property tax on every building (including the land appurtenant thereto)
situated within the area of the respective Municipality and not exempted as per
the provisions of the Act.
(2) (a) For the purpose of
levying property tax, the Government shall, by notification, fix the minimum
and maximum limits of rates of basic property tax applicable to one square
meter plinth area of the following categories of building in accordance with
the use and the date on which they shall come into force, namely:-
(i)
used for residential purpose;
(ii)
used for industrial purpose;
(iii)
used for Schools and Hospitals;
(iv)
used for amusement parks, mobile telephone
tower etc;
(v)
used for commercial purpose;
(vi)
used for other purposes;
(vii)
Any other category of building notified by
the Government
(b) The
Government may by notification fix the sub-categories of each category of
building from (i) to (vii) above and the minimum and the maximum limits of
rates of basic property tax applicable to them.
Note.-
For the purpose of this section "plinth area" means in the case of a
single-storeyed building, the area of its floor level (including thickness of
wall) of the portion having roof and in the case of a multi-storeyed building
with or without cellar-storey, the total area of such floor level (including
thickness of wail but excluding the open terrace portion) of each storey of the
building.
(3) The Council
of the respective Municipality shall, subject to the limit fixed by the
Government in accordance with the category of buildings referred to in
sub-section (2), fix after complying with the procedure prescribed, the rates
of basic property tax (in whole number) to be made applicable to each category
of buildings situated in the area of the Municipality on a scale of one square
meter plinth area. The rates of basic property tax for all buildings of same
category or its subcategories, as the case may be, shall be the same throughout
the area of the Municipality.
(4) The limits of rates of basic property tax
fixed by the Government under sub-section (2) and the rates of basic property
tax determined by the Council subject thereto, under sub-section (3) shall have
effect for five years from the date on which they came into force and
thereafter on completion of every five years and before the expiry of the
period, the Government and the Municipality shall revise the limits of rates of
basic property tax and the rates of basic property tax respectively, so as to
be in effect for the next five years. The Secretary shall, in accordance with
such revision of rates, after completing the procedures revise and fix the
revised property tax in respect of every building before the expiry of the period.
(5) The rates of
basic property tax fixed by the Council for the first time under sub-section
(3) shall come in to force on such date as the Government may, by notification,
appoint in this behalf.
(6) The basic
property tax shall be such amount as is arrived at by multiplying the plinth
area of a building with the rate of basic property tax applicable to such
building which is rounded to the next higher whole number.
(7) In the basic
property tax of building calculated as per sub-section (6), on the basis of the
factors,-
(i)
Where the areas of Municipality are
classified into different zones, the zone in which the building is located;
(ii)
availability of road facility to the building;
(iii)
variation in the plinth area of the building;
(iv)
construction of roof of the building;
(v)
age of the building;
(vi)
construction of floor of the building;
(vii)
Construction of wall of the building;
(viii)
air conditioning facility of the building;
(ix)
nature of use of the building (that is
whether used for personal purpose or given on rent)-
the
Secretary in accordance with the classification of factors specified in the
Rules and at the rate fixed for each category, allow deductions and make
additions, as the case may be:
Provided
that the aggregate deductions so allowed in respect of all items shall not
exceed seventy five per cent of the basic property tax.
(8) The amount so
arrived at by allowing deductions and making additions on the basic property
tax under sub-section (7) shall be adjusted to the next higher whole number and
the amount so assessed shall be the annual property tax of the building.
(9) In the case of a building, if two or more uses
or its sub-categories referred to in subsection (2) or any two or more factors
referred to in sub-section (7) or two or more kinds of a factor are applicable
at the same time, the aggregate of annual property tax shall be assessed by
reckoning separately, the property tax as applicable to the respective part of
the building:
Provided
that, if more than one kind of anyone of the factors such as construction of
roof of the building, construction of floor of the building, the construction
of wall of the building are applicable to a building at the same time the
annual property tax of the building shall be assessed on the basis of that kind
applicable to more than half portion of the aggregate plinth area.
(10) After
publishing the rate of basic property tax applicable to the area of
Municipality and the notification classifying the areas of the Municipality
into different zones, the Secretary shall by a public notice, publish the
general details helpful to the owners to assess the annual property tax of
their buildings by themselves, in accordance with such details as the plinth
area of the building, the permissible deductions and the additions that may be
made in the basic property tax, by said notice, demand the owners of the
building to submit the returns in respect of the property in the prescribed
form within sixty days from the date of publication of such public notice. The
format/copy of the Form shall be made available to the owners of the building
free of cost.
(11) The owner of
the building or the person authorised by him shall, within the time allowed,
submit before the Secretary or the Officer authorised the attested tax return
recording all the particulars necessary in connection with the assessment of
tax and obtain receipt of acknowledgment.
(12) On inquiry by
the Secretary if it is found that the owner of the building or the person
authorised has furnished false or misleading particulars in the return or that
the return has not been submitted within the stipulated time, the owner of the
building shall also be liable to pay fine as prescribed in addition to the
actual property tax payable for the building as per law.
(13) On the basis
of the return submitted by the owner of the building and on the findings of the
Secretary in the inquiry, the Secretary shall assess the annual property tax of
the building and levy property tax of the building by issuing demand notice
applicable five years to the owner of the building.
(14) The Secretary
may, on the basis of the return submitted by the owner of the building, assess
provisionally, the annual property tax of the building and levy tax as such by
issuing such demand notice and subsequently after conducting inquiry in respect
of the building, confirm or revise the tax assessed earlier. The assessment of
tax shall be provisional until conducting inquiry in respect of the building by
the Secretary assesses the property tax of the building.
(15) The annual
property tax assessed in respect of a building shall be payable in two
half-yearly installments. The instalment in respect of any half-year shall be
paid on or before the last day of the said half-year and if not paid within
that date penalty under sub-section (2) of Section 538 shall be applicable from
the next day:
Provided
that there is no bar for one time payment of annual property tax in the first
half-year itself.
(16) The Secretary
shall revise the annual property tax of the building taking into account the
rate of basic property tax applicable to a building under sub-sections (2) and
(3) considering the change, if any, occurs in the use of the building, variation,
if any, occurs in the plinth area of the building specified in sub-section (6),
the deductions and additions in conformity with the variation, if any, occurs
in any factor or any kind of factor specified in sub-section (7). The owner of
the building shall, within thirty days inform the Secretary in writing the
changes that may occur in use etc. and submit revised tax return under
sub-section (10).
(17) The
Municipality shall, in the case of land used exclusively for agricultural
purposes and which is more than one hectare in extent, levy, property tax on
its annual value excluding one hectare of land, at the rate as fixed by the
Council of the Municipality:
Provided
that such rate shall not exceed the maximum limit, if any rate has been fixed
by the Government.
Explanation.-
For the purpose of this sub-section the annual value shall be deemed to be the
rent which may reasonably be expected, if the land for which property tax is to
be assessed is leased out from year to year.
(18) The
Government may, at any time, inspect the accuracy of the assessment of property
tax made by the Secretary in the case of a building and give appropriate
direction to the Secretary in this regard and the Secretary shall be bound to
comply with it.
(19) The
Government may, by notification in the Gazette, make rules in respect of the
following:-
(i)
the procedure to be followed by the Council
for fixing the rates of basic property tax to be made applicable to the area of
the Municipality subject to the limits specified by the Government and for
publishing the same;
(ii)
fixing the increase in the upon limit of
annual property tax;
(iii)
for notification classifying the area of
Municipality into different zones;
(iv)
the classification of factors to be made
applicable for making deductions and additions on the basic tax, their criteria
and the rate of deductions or additions applicable to each kind;
(v)
the procedure for submitting return
containing particulars helpful for the assessment of property tax and the Form
of return to be submitted to the Secretary by the tax-payer;
(vi)
for imposing fine if the return is not
submitted with regard to property tax or submitting the return containing false
information;
(vii)
the action to be taken against officers who
fail to collect information or furnish false information with regard to the
assessment of property tax;
(viii)
procedure for assessing the basic property
tax and annual property tax in respect of each building;
(ix)
for granting exemption and other remission
from property tax;
(x)
any circumstance under which and any
condition subject to which it is liable to pay the entire tax or any part
thereof or free from such liability to pay tax in respect of the buildings
located in a place which is included in or excluded from the area of a
Municipality during any half-year, or in respect of buildings re-erected or
demolished or lying vacant in the area of Municipality, such circumstances and
conditions;
(xi)
The procedure for recording the change in
respect of the ownership of the building in the register of property tax;
(xii)
other matters incidental to the assessment
and realisation of property tax.]
Section 234 - [Omitted]
[xxx]
Section 235 - Exemption from property tax, service cess etc
[The following buildings and lands shall be exempted from
the property tax as may be levied under section 233 and service cess as may be
levied under sub-section (4) of section 230, namely:-
(a)
buildings set apart for public worship and
actually so used or used for incidental purposes, religious study centres;
(b)
buildings exclusively used for educational
purposes or allied purposes under the ownership of educational institutions
owned by the Government, aided or functioning with the financial assistance of
the Government and the hostel buildings wherein the students of the said
institutions reside;
(c)
hospitals providing treatment to patients at
free of cost;
(d)
buildings which are providing shelter to
destitutes, or orphans or physically or mentally challenged persons or persons
suffering from fatal diseases or animal, using for charitable purposes and
admitting all classes of people;
(e)
libraries, reading rooms and play grounds
open to public;
(f)
ancient monuments protected under the law
relating to the preservation of ancient monuments for the time being in force,
or part thereof as are not used as residential houses or as public offices;
(g)
burial and burning grounds;
(h)
buildings owned by any Local Self Government
Institution and the building attached to the institutions handed over to Local
Self Government Institutions by the Government;
(i)
buildings, if the owner thereof belongs to
below poverty line and used as his own dwelling house and having a plinth area
of less than thirty square meter;
(j)
residential buildings constructed and given
free of cost by Government or Quasi-Government institutions or Local Self
Government institutions as part of welfare activities.
Explanation.-
The exemption granted under this section shall not extend to buildings for
which rent is realised by the owners and to residential houses not being
hostels attached to educational institutions and to residential houses attached
to libraries.]
Section 236 - [Omitted]
[x x x]
Section 237 - Property tax to be the first charge on property
[The property tax and the surcharge upon the property tax
payable under sub-section (2) of section 230 or service cess under sub-section
(4) shall, if any levied, subject to the prior payment of land revenue, if any,
due to Government with regard to the place where the building locates, shall be
the first charge upon the building, land and upon the movable property, if any,
found within or upon the same and belonging to the persons liable to such tax.]
Section 238 - [Omitted]
[xxx]
Section 239 - Vacancy remission
(1)
When any building whether ordinarily let or
occupied by the owner himself has been vacant and unlet for a half-year, the
owner shall be entitled to a remission of tax for that half-year.
(2)
If the owner had already paid the tax in
respect of a half-year in which a remission is due, he shall be entitled to get
either refund or shall be entitled to get the amount adjusted in the tax for
the succeeding half-year.
(3)
(a) No such remission shall be admissible
unless the owner of the building or his agent has previously thereto delivered
notice to the Secretary-
(i)
that the building is vacant and unlet, or
(ii)
that the building will be vacant and unlet
from a specified date either in the half-year in which notice is delivered or
in the succeeding half-year.
(b) Every notice
under clause (a) shall expire with the half-year succeeding the half-year
during which it is so delivered and shall have no effect thereafter.
Section 240 - Obligation of transferor and transferee to give notice, of transfer
(1)
Whenever the title of any person primarily
liable to the payment of property tax on any premises to or over such premises
is transferred, the person whose title is transferred and the person to whom
the same shall be transferred shall, within three months after the execution of
the instrument of transfer or after its registration if it be registered or,
after the transfer is effected, if no instrument be executed, give notice of
such transfer to the Secretary.
(2)
In the event of the death of any person
primarily liable as aforesaid, the person to whom the title of the deceased
shall devolve, as heir or otherwise, shall give written notice of such transfer
to the Secretary within one year from the date of death of the deceased.
(3)
The notice to be given under this section
shall be in such form as the Secretary may specify and the transferor, and the
transferee or in the case of death of a person, the person to whom the title
passes, as the case may be, shall if so required, be bound to produce before
the Secretary any documents evidencing the transfer or succession.
(4)
Every person who makes a transfer as
aforesaid without giving such notice to the Secretary shall, in addition to any
other liability which, he may incur for such failure, be liable for the payment
of property tax assessed on the premises so transferred until he gives notice
or until the transfer is recorded in the registers of the Municipality, but
nothing in this section shall be held to affect-
(a)
the liability of the transferee for the
payment of the said tax, or
(b)
the prior claim of the Municipality under
section 237.
Section 241 - [Omitted]
[xxx]
Section 242 - Levying of tax for the building constructed unlawfully
[(1) Notwithstanding anything contained in this Act or
the rules made thereunder, where any person has unlawfully constructed or
reconstructed any building, such building shall without prejudice to any action
that may be taken against that person, be liable to pay the sum of property tax
that would have been paid, had the said building been constructed lawfully,
together with twice the amount, towards property tax of the building
constructed unlawfully with effect from the date of completion or utilisation of
that for any of the purpose mentioned in sub-section (2) of section 233,
whichever is earlier, till the date of demolition of that building.
(2) Nothing
contained in sub-section (1) shall preclude the Secretary from proceeding
against such person under section 406 of the Act and the owner shall not have
the right to get any compensation due to any action taken by the Secretary
under this section.
(3) No building number as provided under section
380 shall be affixed to the building constructed unlawfully and they shall be
given special number as prescribed. Any delay in giving special number shall
not be a bar to levy property tax retrospectively under sub-section (1).
(4) Secretary
shall maintain ward-wise special registers recording the survey number of the
land on which the building has been constructed unlawfully, name and
particulars of the owner of the land, special number given to the building,
details of property tax levied and collected for the building.
(5) The
Municipality shall not grant permit or licence to use the building constructed
unlawfully and given a special number as provided in sub-section (3) and liable
to be proceeded against under section 406, for any trade, commerce or
industrial purposes or any other purposes and if the Municipality has granted
any permit or licence, that shall be reconsidered and cancelled after giving
notice to the owner of the building and the licensee.]
Section 243 - Remission of tax in areas included or excluded in the middle of a half-year
(1)
Where any area is included within a municipal
area the owner of every building or land in such area shall –
(a)
if the date of such inclusion falls within
the last two months of a half-year, not be liable to pay property tax in
respect for that half-year; and
(b)
if such date falls within the first four
months of a half-year, be entitled to a remission of so much tax not exceeding
half of the property tax payable in respect thereof for that half-year, as is
proportionate to the number of days in that half-year preceding such date.
(2)
Where any area is excluded from a municipal
area, the owner of every building or land in such area shall be entitled-
(a)
if the date of such exclusion fails within
the first two months of a half-year, to a remission of the whole of the property
tax payable in respect thereof for that half-year; and
(b)
if such date fails within the last four
months of a half-year, to a remission of so much tax not exceeding a half of
the property tax payable in respect thereof for that half-year, as is
proportionate to the number of days in that half-year succeeding such date.
(3)
No remission shall be granted under
sub-section (2) in respect of any building or land unless an application in
writing for such remission is made to the Secretary within three months from the
date of exclusion of the area in which the building or land is situated.
Section 244 - Secretary's power to call for information and to enter upon premises
(1)
For the purpose of assessing property tax,
the Secretary may, by notice, call upon the owner or occupier of any land or
building to furnish him, within thirty days after the service of the notice
where the notice is served upon the Government or a company and within fourteen
days after such service in other cases, with returns of the rent payable for
the land or building, the cost of erecting the building and the measurements of
the land and building, and with such other information as the Secretary may
require; and every owner and occupier on whom such notice is served shall be
bound to comply with it and to make a true return to the best of his knowledge
or belief.
(2)
For the purpose of sub-section (1), the
Secretary may, after giving twenty four hours notice to the owner or the
occupier, enter, inspect, survey and measure such building or land.
Section 245 - Profession tax
(1)
Where the Council by a resolution determines
that a profession tax shall be levied-
A.
every company which after the date specified
in the notification published under section 232-
(i)
transacts business in the municipal area for
not less than sixty days in the aggregate to any half-year; or
(ii)
transacts business outside the limit of the
municipal area but has its head office or place from which its business is
controlled within the municipal area for not less than sixty days in the
aggregate in any half-year; and
B.
every person, who after the said date in any
half-year,-
(a)
exercises a profession, art or calling or
transacts business or holds any appointment, public or private-
(i)
within the municipal area for not less than
sixty days in the aggregate; or
(ii)
outside the municipal area, but who resides
within the municipal area for not less than sixty days in the aggregate; or
(b)
transacts business outside the municipal area
but has his head office or place from which his business is controlled within
the municipal area for not less than sixty days in the aggregate; or
(c)
resides in the municipal area for not less
than sixty days in the aggregate and is in receipt of any income from
investments, shall pay a half-yearly tax assessed in accordance with the rules
as may be made.
(2)
A person shall be chargeable under the class
appropriate to his aggregate income from all the sources specified in
sub-section (1) as being liable to tax.
(3)
Where a company or person proves that it or
he has paid the sum due on account of the profession tax levied under this or
any other Act for the same half-year to any local authority in the State, such
company or person shall not be liable, by reasons merely of change of place of
business, exercise of profession, art or calling appointment or residence, to
pay to any other local authority more than the difference between such sum and
the amount to which it or he is otherwise liable for the profession tax for the
half year under this or such other Act.
(4)
Nothing contained in this section shall be
deemed to render a person who resides within the local limit of one local
authority and exercises his profession, art or calling, or transacts business,
holds any appointment within the local limits of any other local authority or
local authorities liable to profession tax for more than the higher of the
amounts of the tax leviable by any of the local authorities and in such cases,
the Government shall apportion the tax between the local authorities in such
manner as they may deem fit and the decision of the Government thereon shall be
final.
Explanation.-
For the purpose of this section "aggregate income" shall not include
local allowance or allowances for house rent, [x
x], carriage hire or travelling expenses.
Section 246 - Liability of members of firms, associations etc., to profession tax
The
profession tax leviable from a firm or association may be levied from the agent
of the firm or association, as the case may be.
Section 247 - Liability of servants of agents to profession tax
(1)
Where a company or person employs a servant
or agent to represent it or him for the purpose of transacting business in a
municipal area, such company or person shall be deemed to transact business in
the municipal area and such servant or agent shall be liable for profession tax
in respect of the business of such company or person, whether or not such
servant or agent has power to make binding contracts on behalf of such company
or person.
(2)
Where one company or person is the agent of
another company or person, the former company or person shall not be liable
separately to the profession tax, on the same income as that of the principal.
Section 248 - Statements, returns etc., to be confidential
All
statements made, returns furnished or accounts or documents produced, in
connection with the assessment of profession tax by any company or person shall
be treated as confidential and copies thereof shall not be issued to public.
Section 249 - Requisition on owner or occupier to furnish list of persons liable to tax
The
Secretary may, by notice, require the owner or the occupier of any building or
land and every Secretary or manager of a hotel, boarding or lodging house, club
or residential chambers to furnish within a specified time a list in writing
containing the names of all persons occupying such building, land, hotel,
boarding or lodging house, club or residential chambers and specifying the
profession, art or appointment of every such person and the rent if any, paid
by them and the period of such occupation.
Section 250 - Requisition on employees or their representatives to furnish list
The
Secretary may, by notice, require any employer or the head or the Secretary or
the manager of any public or private office, hotel, boarding or lodging house
or club or of a firm or a company-
(a)
to furnish, within a specified time, a list
in writing of the names of all persons employed by such employer or in such
office, hotel, boarding or lodging house, club, firm or company as officers,
servants, interpreters, agents, suppliers or contractors, with a statement of
the salary or income of such employed persons; and
(b)
to furnish particulars in regard to any
company of which such employer or head, Secretary or manager, as the case may
be, is the agent.
Section 251 - Meaning of the expression 'transacts business
(1)
The expression "transacts business"
in section 245 shall be deemed to include the doing of acts or business of
whatever nature, whether isolated or not, such as soliciting, obtaining or
transmitting orders or buying, making, manufacturing, exporting, importing,
receiving, transmitting or otherwise dealing in goods.
(2)
Where for the purpose of transacting business
within the municipal area, a company or a person has an office or an agent or a
firm to represent it or him, the company or the person shall be deemed to
transact business within the municipal area, whether or not such office, agent
or firm has power to make binding contracts on behalf of the company or the
person; and the person in charge of such office or the agent or firm, as the
case may be, shall be liable for the tax payable by the company or person.
(3)
A company or a person otherwise liable to
profession tax under section 245 shall not cease to be liable to such tax by
reason only of its or his head office or the place from which its or his
business is controlled being situated outside the municipal area, or by reason
only of the fact, that its or his transactions are finalised outside the
municipal area.
Section 252 - Recovery of profession tax by employers
Notwithstanding
anything contained in the foregoing provisions, every head of office or
employer or manager or proprietor or any person in the administrative control
of any office, company, firm, undertaking, establishment or any institution
where persons are employed or engaged for salaries or wages shall be bound to
recover from any such person liable to profession tax, the profession tax due
at the rate fixed by the Municipality and pay over to the Municipality as
hereinafter provided.
Section 253 - Requisition to furnish name of institutions etc
(1)
The Secretary shall, during the month of
April every year, by notice, require every head of office or person liable to
recover profession tax under section 252 to furnish to the Secretary the names
and addresses of the offices or institutions under his control within such time
as may be specified in the notice.
(2)
Every head of office shall furnish to the
Secretary the information required by him under sub-section (1) within such
time as may be specified and he shall also furnish the name and designation of
the head of office and shall intimate the Secretary whenever there is a change
of head of office.
(3)
The Secretary shall on receipt of the
information furnished to him under sub-section (1) register the name of the
offices or institutions in a register to be maintained for the purpose.
Section 254 - Assessment of profession tax by head of office etc
(1)
The Secretary shall, during the month of May
and November in every half-year, by notice require every head of office or
employer to assess every employee in his institution liable to profession tax
and every self drawing officer to remit the profession tax due in accordance
with the Schedule to the said notice.
(2)
Before the end of [September
and March] of every year, head of office or employer shall assess every
employee liable to tax and recover the amount from him and pay over to the
Municipality together with a list of all employees who have been assessed to
tax giving the details such as name, designation, half-yearly income and the
amount of tax recovered and shall also furnish a certificate to the effect that
all employees liable to tax have been included in the statement furnished.
Section 255 - Issue of receipt for remittance
(1)
The Secretary shall, on receipt of the
payment, issue an official receipt in the name of the head of office for the
amount remitted.
(2)
Every head of office shall in turn grant to
each tax payer a certificate of recovery and payment of tax to the Municipality
for the half-year in question.
Section 256 - Payment of tax by self drawing officer
(1)
Every self drawing officer shall, before the
end of [September and March] every
year, remit or cause to be remitted the profession tax due from him in respect
of each half-year in accordance with the schedule of tax in force along with a
statement showing the details of half-yearly income.
(2)
On receipt of payment under sub-section (1),
the Secretary shall issue official receipt therefor.
Section 257 - Maintenance of Demand Register
The
Secretary shall maintain a ward-wise Demand Register by providing independent
pages for every institution specified in sub-section (2) of section 253, and in
such case the head of office and the self-drawing officers, if any, shall be
the assesses and the remittance shall be entered against their names. One
demand register for this purpose can be used for one or more years.
Section 258 - Certificate of drawing and disbursing officers and self-drawing officers
A
certificate shall be furnished in the salary bill of the drawing and disbursing
officer and the self drawing officer relating to the month of [March
and September] every year to the effect that profession
tax due in respect of all employees and himself, as the case may be, has been
paid and the details furnished to Secretary and in the absence of such
certificate the passing officer shall not honour the bill.
Section 259 - Penalty for non-payment of tax
Where
at any time it appears to the Secretary that any head of office or employer or
self drawing officer under a duty to furnish the particulars and remit the tax
due as specified under section 253, 254 and 256 has failed to furnish such
details or to remit the tax due within the specified time the Secretary shall
immediately thereafter prosecute such defaulter or defaulters.
Explanation.--For
the purpose of this section and sections 252 to 258 (both inclusive) the
expression Head of office or employer in relation to an office, institution,
undertaking, establishment etc., shall mean the person authorised to draw and
disburse the salary or wages of the employees in such office, institution,
undertaking or establishment.
Section 260 - Levy of tax on animals and vessels
The
Council may, by resolution, levy a tax on such animals and vessels of the kind
specified in the rules and kept or used within the municipal area.
Section 261 - Tax liability to be in accordance with period for which the animals or vessels have been kept
(1)
Every person having possession, custody or
control of any taxable animal or vessel shall be liable for the full
half-yearly tax if the animal or vessel has been kept or used within the
municipal area for an aggregate period of not less than sixty days in a
half-year.
(2)
If such aggregate period exceeds fifteen
days, but is less than sixty days, one half of the half-yearly tax alone shall
be leviable.
(3)
If such aggregate period does not exceed
fifteen days, no tax shall be leviable for the half-year.
(4)
Every person having possession, custody or
control of any taxable animal or vessel within a municipal area shall, until
the contrary is shown, be presumed to have kept the same within the municipal
area for sixty days in the half-year.
(5)
Notwithstanding anything contained in
sub-sections (1) and (2) no person shall be liable-
(a)
to pay tax to the Municipality during any
half-year on account of any animal or vessel in respect of which the full tax
for the same half-year has already been paid to the Municipality by some other
person; or
(b)
to pay to the Municipality on account of any
animal or vessel in respect of which tax has already been paid to any other
local authority whether under this Act, or any other Act in force, more than
the excess, if any, of the tax payable in the Municipality in respect of such
animal or vessel over the tax already paid to the other local authority.
Section 262 - Exemptions
No tax
shall be levied on-
(a)
animals and vessels belonging to the
Government;
(b)
animals and vessels kept solely for sale by
dealers;
(c)
animals and vessels belonging to the
Municipality;
(d)
animals, which during the whole of a
half-year have been kept in any institution for the reception of infirm or
disabled animals or which are certified by a veterinary surgeon to have been
unfit for use during the whole of the half-year; and
(e)
vessels which during the whole of a half-year
have been kept in any place for repairs.
Section 263 - Composition of tax
With
the sanction of the Council or in accordance with the regulations made by a
Municipality, the Secretary may compound, for a period not exceeding one year,
with any livery stable-keeper or other person keeping animals and vessels for
sale or hire, for such sum as the Council may determine or as the case may be,
as the regulation may provide in lieu of the tax on such animals and vessels.
Section 264 - Returns to be furnished by the tax payers
(1)
The Secretary shall, before the commencement
of each half-year, publish a notice requiring every person who, within the
municipal area, keeps, owns, possesses any animal or vessel liable to tax to
furnish a return in the form specified by him.
(2)
Every person who keeps, owns or possesses any
animal or vessel liable to tax for more than fifteen days in a half-year shall
furnish a return under sub-section (1) to the Secretary.
(3)
The Secretary shall on receipt of the return,
send to every such person a half-yearly bill requiring him to pay the tax
within the time, specified in the bill.
Section 265 - Grant of licence on payment of tax
On
payment of tax by a person in respect of any animal or vessel, the Secretary
shall issue a licence to him to keep or use such animal or vessel for the
period to which the payment relates.
Section 266 - Numbering of vessels and animals
(1)
The Secretary may direct that a municipal
number shall be affixed to every vessel for which a licence has been granted under
section 265 and that a token bearing a municipal number issued shall be kept by
the owner of every animal for which a licence has been issued under that
section.
(2)
All numbers affixed or tokens issued under
sub-section (1) shall be entered in a register to be kept for the purpose in
the office of the Municipality.
(3)
The register referred to in sub-section (2)
shall be open to inspection at all reasonable times, without payment of any fee
by any person who pays tax to the Municipality.
Section 267 - Seizure of vessels and animals without Municipal numbers
Where
a Municipal number is not affixed to a vessel or a token bearing a municipal
number is not kept in respect of an animal, in pursuance of any direction under
section 266, the Secretary may at any time seize and detain such vessel or
animal.
Section 268 - Disposal of vessels and animals seized by the Municipality
(1)
Where the vessel or animal seized under
section 267 is not claimed, and the tax due thereon is not paid and a municipal
number affixed or token obtained as the case may be, within ten days from the
date of seizure, the Secretary may direct that the vessel or animal, as the
case be, shall be sold in public auction and the proceeds of the sale applied
to the payment of,-
(a)
the tax, if any, due on the vessel or animal
sold;
(b)
such penalty not exceeding the amount of the
tax as the Secretary may direct; and
(c)
the charges incurred in connection with the
seizure, detention and sale.
(2)
The balance of the sale proceeds, if any,
shall be kept as a deposit for a period of one year from the date of sale and
if not claimed within that period shall be credited to the Municipal fund.
(3)
Where the owner of the vessel or animal or
other person entitled thereto claims the same within ten days from the date of
seizure or at any time before the sale, it shall be returned to him on payment
of,-
(a)
the tax, if any, due thereon;
(b)
such penalty not exceeding the amount of the
tax as the Secretary may direct; and
(c)
the charges incurred in connection with the
seizure and detention.
Section 269 - Show Tax
[(1) Where a Council by resolution, determines to levy a
show tax, such tax shall be levied, subject to such rules as may be prescribed,
on all shows within the Municipal area, calculated at the minimum rate as shown
below and after every two years, the Council shall impose the said tax after
making a fixed percentage of enhancement namely:-
|
Minimum rate for every show
|
|
|
(i)
|
Regular
cinematograph exhibition at licenced theatres
|
Ten Rupees
|
|
(ii)
|
Other
cinematograph exhibitions
|
Twenty Rupees
|
|
(iii)
|
Regular shows
other than cinematograph exhibitions conducted at the same place daily
|
Twenty Rupees
|
|
(iv)
|
Other shows
|
Fifty Rupees.
|
Explanation.--The
term show shall include any entertainment, exhibition, performance, amusement,
Sports and games or race to which persons are admitted on payment]
(2) The tax
levied under sub-section (1) shall be payable by, and recoverable from, the
owner of the premises where the show is conducted, if he receives rent for the
show or, if no rent is paid, the proprietor of the show including any person
responsible for the management thereof.
(3) No tax shall
be levied in respect of any show for which no entertainment tax is leviable
under the law relating to levy of tax on entertainments and for which no rent
is paid to the owner of the premises for the show.
Section 270 - Method of assessment of duty on transfer of property
(1)
There shall be levied a duty on transfer of
property in the form of a surcharge on the duty imposed by the Kerala Stamp
Act, 1959 (17 of 1959) on every instrument of the description specified in
column (1) of the table below which relates to immovable property situated
within a Municipal area, at such rate as fixed by the Government, which shall
not exceed five per cent of the amount described in column (2) thereof against
each instrument, namely:-
|
TABLE
|
|
Description of
instrument
|
Amount on which
duty should be levied
|
|
(1)
|
(2)
|
|
(i) Sale of
immovable property
|
The amount or
value of the consideration for the sale, as set forth in the instrument.
|
|
(ii) Exchange of
immovable property
|
The value of the
property, of the greater value, as set forth in the instrument.
|
|
(iii) Gift of
immovable property
|
The value of the
property, as set forth in the instrument.
|
|
(iv) Mortgage
with possession of immovable property
|
The amount
secured by the mortgage, as set forth in the instrument.
|
|
[(iva) Transfer of assignment on lease other than sub lease of immovable
property.
|
The same stamp
duty on sale deed for a consideration equal to the amount of consideration of
transfer (item 21 or 22, as the case may be of the Schedule to the Kerala
Stamp Act, 1959)].
|
|
[(v)(a) assignment on lease of immovable property for less than one year
|
The same stamp
duty on a Bottomry Bond (item 14 of the Schedule to the Kerala Stamp Act,
1959) on the amount which may be remitted or payable as per the lease deed.
|
|
(b) assignment
on lease of immovable property for not less than one year but not more than
five years
|
The same stamp
duty on a Bottomry Bond (item 14 of the Schedule to the Kerala Stamp Act,
1959) on one year's average lease amount or the price fixed.
|
|
(c) assignment
on lease of immovable property for more than five years but not exceeding ten
years
|
The same stamp
duty on a sale deed (items 21 or 22, as the case may be, of the Schedule to
the Kerala Stamp Act, 1959) for a consideration equal to the average of lease
amount fixed for an year.
|
|
(d) assignment
on lease of immovable property exceeding ten years but not being a perpetual
lease
|
If the lease is
subsisting for a very long period the same stamp duty as on a sale deed (item
21 or 22, as the case may be, of the Kerala Stamp Act, 1959) for a
consideration equal to three times the average yearly lease amount or price
remitted or paid for the first ten years.
|
|
(e) perpetual
lease of immovable property
|
An amount equal
to one sixth of the total amount of lease remitted or paid for the first
fifty years as shown in the instrument.]
|
|
(vi) Release,
that is to say, any instrument whereby a person renounces a claim upon
another person or against any specified property when such release does not
operate in favour of his or her spouse or children
|
The same duty as
a conveyance (SI. No. 21 or 22 of the Schedule to the Kerala Stamp Act, 1959,
as the case may be) for such amount or value as set forth in the release.
|
(2)
On the introduction of the duty on transfer-
(a)
section 28 of the Kerala Stamp Act, 1959 (17
of 1959) shall be read as if it specifically required the particulars to be set
forth separately in respect of property situated within and without the
municipal area;
(b)
section 62 of the said Act shall be read as
if it referred to the Municipality concerned as well as the Government.
(3)
The Government may make rules not
inconsistent with this Act for regulating the collection of the duty, the
payment thereof to the Municipalities concerned and the deduction of any expenses
incurred by the Government in the collection thereof.
Section 271 - Tax on advertisements
Every
person who erects, exhibits, fixes or retains upon or over any land, building,
wall, hoarding or structure in a municipal area any advertisement or who
displays any advertisement to public view in any manner whatsoever in any place
in such area, whether public or private, shall pay on every such advertisement
a tax calculated at such rates and in such manner and subject to such
exemptions as the Council with the approval of the Government, by resolution
determine:
[Provided that the rates shall not be less than the rate
specified by the Government for this purpose.]
Provided
further that the tax under this section in any advertisement displayed in a
public service vehicle as defined in the Motor Vehicles Act, 1988 (Central Act
59 of 1988) passing through the local limits of more than one local authority
shall be levied by a Municipality only if such vehicle-
(a)
commences its operation from the municipal
area of that Municipality; or
(b)
commences its operation from a place other
than a municipal area and passes through that municipal area before it passes
through the local limits of any other local authority:
Provided
also that no tax shall be levied under this section on any advertisement or a
notice:-
(a)
of a public meeting; or
(b)
of an election to any legislative body or a
Municipality, or a Panchayat; or
(c)
of a candidature in respect of such an
election:
Provided
also that no such tax shall be levied on any advertisement which is not a sky
sign and which-
(a)
is exhibited within the window of any
building which is not a public place; or
(b)
relates to the trade or business carried on
within the land or building upon or over which such advertisement is exhibited,
or to any sale or letting of such land or building or any effects therein or to
any sale, entertainment or meeting to be held upon or in the same; or
(c)
relates to the name of the land or building
upon or over which the advertisement is exhibited, or to the name of the owner
or occupier of such land or building; or
(d)
relates to the business of any railway
administration; or
(e)
is exhibited within any railway station or
upon any wall or other property of a railway administration except any portion
of the surface of such wall or property fronting any street.
Explanation
1.--The word "structure" in this section shall include any movable
board on wheels used as an advertisement or an advertisement medium.
Explanation
2.--The expression "sky-sign", in this section, means any
advertisement supported on or attached to any post, pole, standard, frame work
or other support wholly or in part upon or over any land, building, wall or
structure which, or any part of which, sky-sign shall be visible against the
sky from some point in any public place and includes all and every part of any
such post, pole, standard, frame work or other support. The expression
"sky-sign" shall also include any balloon, parachute or other similar
device employed wholly or in part for the purposes of any advertisement upon or
over any land, building or structure or upon over any public place, but shall
not include-
(a)
any flagstaff, pole, vane, or weather-cock,
unless adapted or used wholly or in part for the purpose of any advertisement;
or
(b)
any sign, or any board, frame or other
contrivance securely fixed to or on the top of the wall or parapet of any
building, or on the cornice or blocking course of any wall, or to the ridge of
a roof:
Provided
that such board, frame or other contrivance be of one contiguous face and not
open work, and do not extend in the height more than one metre above any part
of the wall, or parapet or ridge to, against or on which it is fixed or
supported; or
(c)
any advertisement relating to the name of the
land or building, upon or over which the advertisement is exhibited, or to the
name of the owner or occupier of such land or building; or
(d)
any advertisement relating exclusively to the
business of a railway administration and place wholly upon or over any railway,
railway station, yard, platform or station approach belonging to a railway
administration and so placed that it cannot fall into any street or public
place; or
(e)
any notice of land or buildings to be sold or
let, placed upon such land or building.
Explanation
3.--Public place shall for the purpose of this section means any place which is
open to the use and enjoyment of the public whether it is actually used or
enjoyed by the public or not.
Section 272 - Prohibition of advertisement without written permission of the Secretary
(1)
No advertisement shall, after the levy of the
tax under section 271 has been determined upon by the Council, be erected,
exhibited, fixed or retained upon or over any land, building, wall, hoarding or
structure within the municipal area or shall be displayed in any manner
whatsoever in any place in that area without the written permission of the
Secretary.
(2)
The Secretary shall not grant such permission
if-
(i)
the advertisement contravenes any bye-law
made by the Council under clause (32) of section 567; or
(ii)
the tax, if any, due in respect of the
advertisement has not been paid.
(3)
Subject to the provisions of sub-section (2),
in the case of an advertisement liable to advertisement tax the Secretary shall
grant permission for the period to which the payment of tax relates and no fee
shall be charged in respect of such permission:
Provided
that the provisions of this section shall not apply to any advertisement
erected, exhibited, fixed or retained on the premises of a railway
administration relating to the business of a railway administration.
Section 273 - Permission of the Secretary to become void in certain cases
The
permission granted under section 272 shall become void in the following cases,
namely:-
(a)
if the advertisement contravenes any bye-law
made by the Council under clause (32) of section 567; or
(b)
if any addition to the advertisement be made
except for the purpose of making it secure under the direction of the municipal
engineer; or
(c)
if any material change be made in the
advertisement or any part thereof; or
(d)
if the advertisement or any part thereof
falls otherwise than through accident; or
(e)
if any addition or alteration be made to, or
in the building, wall or structure upon or over which the advertisement is
erected, exhibited, fixed or retained, if such addition or alteration involves
the disturbance of the advertisement or any part thereof; or
(f)
if the building, wall or structure upon or
over which the advertisement is erected, exhibited, fixed or retained be
demolished or destroyed.
Section 274 - Owner or person in occupation to be deemed responsible
Where
any advertisement is erected, exhibited, fixed or retained upon or over any
land, building, wall, hoarding or structure in contravention of the provisions
of section 271 or section 272 or after the written permission for the erection,
exhibition, fixation or retention thereof for any period shall have expired or
becomes void, the owner or person in occupation of such land, building, wall,
hoarding or structure, shall be deemed to be the person who has erected,
exhibited, fixed or retained the advertisement in contravention unless he
proves that such contravention was committed by a person not in his employment
or under his control or was committed without his connivance.
Section 275 - Removal of unauthorised advertisement
(1)
Where any advertisement is erected, fixed or
retained contrary to the provisions of sections 271 or section 272 or after the
written permission for the erection, exhibition, fixation or retention thereof
for any period shall have expired or becomes void, the Secretary may, by notice
in writing require the owner or occupier of the land, building, wall, hoarding
or structure upon or over which the same is erected, exhibited, fixed or
retained to take down or remove such advertisement or may enter any building,
land or property and have the advertisement removed.
(2)
any person exhibiting or responsible for
exhibiting any advertisement otherwise than in accordance with the provisions
of this Act shall be liable, in addition to the penalty prescribed in the
Fourth Schedule and the Fifth Schedule to pay the Municipality the charges of
the removal of the unauthorised advertisement
Section 276 - Collection of tax on advertisement
The
Secretary may farm out the collection of any tax on advertisement leviable
under section 271 for any period not exceeding one year at a time on such terms
and conditions as may be provided for by bye-laws made under section 567.
Section 277 - Tax on timber
(1)
Where a Council, by a resolution determines
that a tax shall be levied on timber brought into the municipal area, such tax
at such rates, not exceeding twenty-four rupees per tonne shall be levied in
the manner determined by the Council:
Provided
that no tax shall be levied on any timber brought into a municipal area in the
course of transit to any place outside that area and directly removed out of a
Municipal area by rail, road or water.
(2)
No timber shall, except in the case referred
to in the proviso to sub-section (1), be brought into a municipal area unless
the tax due thereon has been paid.
(3)
The tax shall be levied on timber kept within
a Municipal area for sale if the Secretary has reason to believe that the tax,
if any, due thereon has not been paid:
Provided
that the tax shall not be levied if the person keeping timber for sale produces
satisfactory proof of the previous payment of the tax thereon.
(4)
The Secretary may call for the accounts of
any person keeping timber for sale for the purpose of levying the tax under
sub-section (3).
(5)
Where the Secretary is satisfied that any
person has wilfully evaded the payment of any tax leviable under this section,
the Secretary may direct that such person shall, in addition to such tax, pay
by way of penalty a sum not exceeding the amount of such tax and the penalty
shall be recoverable in the same manner as tax.
(6)
The Council may make bye-laws for the seizure
and sale of timber in respect of which the tax due is not paid and otherwise
for carrying out all or any of the provisions relating to the levy of tax on
timber.
Section 278 - Collection of tax on timber
The
Secretary may, with the sanction of the Council, farm out the collection of tax
under section 277 for a period not exceeding one year.
Section 279 - Levy of tax on direction by Government
(1)
Notwithstanding anything contained in this
Act the Government may, by order published in the Gazette-
(i)
direct a Municipality to levy either
retrospectively or prospectively the property tax or any class of property tax,
or any other tax leviable under this Act or any other law, at such rate and
with effect from such date, as may be specified in the order; and
(ii)
authorise a Municipality to levy, collect and
appropriate such taxes, duties, tolls and fees in accordance with such
procedure and subject to such limits as may be specified in the order.
(2)
When an order under sub-section (1) has been
published, the provisions of this Act relating to tax shall apply as if the
Council had on the date of publication of such order by resolution determined
to levy the tax at the rate and with effect from the date specified in the
order and as if no other resolution of the Council under section 231
determining the rate at which and the date from which such tax shall be levied
had taken effect.
(3)
The Council shall not alter the rate at which
the tax or any class of such tax is levied in pursuance of an order under
sub-section (1) or abolish such tax except with the previous sanction of the
Government.
Section 280 - Assignment of tax by Government
The
Government may, by order published in the Gazette, assign to a Municipality
such taxes, duties, tolls and fees levied by the Government for such purposes
and subject to such conditions and limits as may be specified in the order.
Section 281 - Exemption
(1)
Nothing contained in this Chapter shall be
construed to make the Government liable to pay any profession tax in respect of
any commercial, industrial or other like undertakings which are owned or
managed by or on behalf of the Government.
[(2) The Government and with the permission of the
Government, the Council, may exempt wholly or in part any class of buildings
under the ownership of any person, from the payment of tax, cess or duty under
the provisions of this Act.]
Section 282 - Power to assess in case of escape from assessment
Notwithstanding
anything to the contrary contained in this Act or the rules made thereunder,
where for any reason a person liable to pay any tax or fees leviable under this
Chapter has escaped assessment in any half-year, the Secretary may at any time
within four years from the date on which such person should have been assessed,
serve on him a notice assessing to the tax or fee due and demanding payment
thereof within fifteen days from the date of such service and thereupon the
provisions of this Act and the rules made thereunder shall, so far as may be,
apply as if the assessment was made in the half-year to which the tax or fee
relates.
Section 283 - Municipal Fund
[(1) All moneys received by a Municipality under this Act
or the rules made there under or any other law for the time being in force,
shall constitute a fund which shall be called the Municipal Fund and shall be
utilised and disposed of subject to the provisions of this Act or any other
laws.
(2) The items of
income to be credited to the Municipal Fund consist of the following, namely:--
(a)
Taxes, duties cess and surcharge levied under
this Act or any other law, the rent from properties, fees from licences and
permissions and its income from other miscellaneous items;
(b)
Share of the taxes levied by the Government
and transferred to the Municipality and the grants released to the Municipality
by the Government;
(c)
Grants released by the Government for the implementation
of schemes, projects and plans formulated by the Municipality;
(d)
Grants released by the Government for the
implementation of the schemes, projects and plans assigned or entrusted to the
Municipality under this Act; and
(e)
Money raised through donations and
contributions from the public and non-governmental agencies.
(3) All fees for
licences and permissions received by the Municipality under this Act or any
other law shall be accounted separately and shall be utilised for the purpose
for which such fees are levied.
(4) Grants
released by the Government to the Municipality for the implementation of the
schemes, projects and plans shall be utilised only for that purpose for which
such grants are released.
(5) The share of
taxes levied by the Government and transferred to the Municipality and the
grants released to the Municipality shall be fixed by the Government with due
regard to the recommendations of the Finance Commission and the needs of
development and the cost of the Municipal administration and services:
Provided
that any sum due from a Municipality to the Government or any fund established
or operated or administered under any rules made under this Act or any fund
borrowed from any public sector undertaking or any agency on Government
guarantee may be adjusted by the Government from any grant or sum due to the
Council then and thereafter.
(6) No expense, financial assistance or grant for
a purpose not directly concerned with the function of the Municipality
specified in this Act or rules made thereunder or any other law shall be made
by a Municipality in excess of the annual limit that may be specified by the
Government.
(7) All amounts
accounted to the Municipal fund and of its release under this Act, shall be in
full rupee.
Explanation:--
For this purpose fraction of a rupee shall be rounded to the next higher
rupee.]
Section 283A - Annual report regarding grants
[ (1) The Chief Secretary of the State shall submit an
annual report to the Governor, immediately after the expiry of each financial
year, regarding any amount of grants to be received annually by the
Municipality as per any law or otherwise, and the actual amount given to the
Municipality and the criterion adopted by the Government for such payment.
(2) Annual report under sub-section (1) shall be
laid before the Legislative Assembly, within the first six months of the next
financial year.]
Section 284 - Constitution of poverty alleviation fund
Every
Municipality shall provide in its Annual Budget two per cent of the revenue
receipt of the Municipality for constituting a separate fund to be called Poverty Alleviation Fund for
implementing poverty alleviation programmes in the municipal area, which shall
be utilised subject to such guidelines as the Government may issue from time to
time.
Section 285 - Estimates of receipts and expenditure to be prepared annually by the Secretary
The
Secretary shall, subject to such rules as may be prescribed and such
instructions as may be issued by the Government, in this behalf from time to
time on or before the fifteenth day of January each year prepare and submit to
the Standing Committee concerned a budget containing a detailed estimate of
receipts and expenditure for the ensuing year, and, if in his opinion, it is
necessary or expedient to vary taxation or to raise loans, shall submit his
proposals in regard thereto.
Section 286 - Budget estimate to be prepared by the Standing Committee
[(1) The Standing Committee concerned shall by
considering the estimate and proposals of the Secretary and the officials
dealing with the respective subjects concerned submit their proposals to the
Standing Committee for finance and after considering those proposals and all
the requirements of this Act the Standing Committee for finance shall prepare
budget estimate of the receipts and expenditure of the Municipality for the
next year.]
(2) The budget
estimate under sub-section (1) shall-
(a)
provide for the payment, as they fall due, of
all instalments of principal and interest for which the Municipality may be
liable on account of loans; and
(b)
allow for a cash balance at the end of the
year of not less than [five
per cent] of the revenue of the Municipality.
Section 287 - Consideration of Budget Estimate by the Council
[The budget estimate prepared by the Standing Committee
for finance shall be laid by its Chairman before the Council for its approval
before the end of the first-week of March at a special meeting of the Council
after an introductory address of the Chairperson regarding the developmental
and welfare activities intended to be undertaken and implemented by the
Municipality.]
Section 288 - Procedure of Council
The
Council may refer the budget estimate back to the Standing Committee for
further consideration and resubmission within a specified time, or adopt,
subject to such rules as may be prescribed, the budget estimate or any revised
budget estimate submitted to it, either as it stands or subject to such
alterations as it deems expedient.
Section 289 - Obligation to pass budget before the beginning of the year
[1] The Council shall finally pass the budget estimate
before the beginning of the year to which it relates and forthwith submit
copies thereof to the Government, and the officer authorised by the Government
in this behalf and to the auditors.
[(2) Unless the council has passed the budget before 1st
April, from that date onwards, no amount shall be expended from the Municipal
Fund.]
Section 290 - Consequence of failure of Standing Committee to prepare budget
Notwithstanding
anything contained in sections 286, 287 and 288 [where
the standing committee for finance fails] or omits or delays the preparation of
the budget estimates of the Municipality within the specified period, the [Chairperson]
shall cause the proposals prepared by the Secretary to be laid before the
Council and the Council shall, before the beginning of the ensuing year, pass
the budget estimates as proposed by the Secretary with or without modification.
Section 291 - [Omitted]
[xxx]
Section 292 - [Omitted]
[xxx]
Section 293 - Preparation of Budget and its approval
(1)
The Budget to be prepared by the Standing
Committee of each Municipality under section 286 shall be prepared and
submitted before the Council in the prescribed form and manner, and got
approved with modifications as it deems fit.
(2)
The working balance shown in the budget
should not be less than 5% of the current year's estimated receipts excluding
the receipts from endowments Government grants, contributions and debt heads.
(3)
The estimated receipts should be detailed and
real and apparent differences, if any, from the actual receipts of the last
year should be accompanied by detailed notes and explanations.
(4)
It shall include necessary provision for all
fixed charges and discharge of debts.
(5)
The Standing Committee shall, if it is found
necessary during the course of a year that the estimates relating to its
receipts or the expenditure in respect of the various services undertaken by it
as shown in the Budget require modifications, prepare a supplementary or revised
Budget and lay it before the Council for approval.
(6)
While incurring expenditure, no amount other
than those included in the current budget estimates shall be expended except
under unavoidable emergent circumstances.
[(7) No expenditure, out of the amount granted by the
Government for the implementation of any Scheme, project or plan entrusted and
delegated to the Municipality under this Act shall be incurred for any other
purpose including the implementation of any other scheme, project or plan.]
Section 294 - Annual Financial Statement
(1)
The Secretary shall publish, not later than
the first week of June, an annual financial statement of the preceding year,
approved by the Council, in such form as may be prescribed embodying a
classified abstract of receipts and payments of the Municipality under Revenue,
Capital and Debt heads, a demand, collection and balance statement and a
statement of the general financial position of the Municipality.
(2)
As soon as may be, after the publication of
the financial statement under sub-section (1), the Secretary shall forward a
copy thereof to the auditors.
Section 295 - Accounts and Audit
(1)
The Municipality shall maintain its accounts
and other books connected with the accounts in the manner and form as
prescribed and shall enter the receipt and expenditure accounts forthwith in
such books.
(2)
The responsibility to maintain or cause to
maintain the accounts and the connected books of the Municipality in the manner
and form as prescribed and to submit or cause to submit such accounts to the
Local Fund Examiner for conducting audit in the time shall west with the
Secretary.
(3)
The Examiner of Local Fund Accounts and his
nominees shall be the auditors of the Municipality.
(4)
The auditors shall maintain a continuous
audit of the accounts of the Municipality and shall, after completing the audit
for a year or for any shorter period or for any transaction or series of
transactions, send a report to the Municipality concerned and a copy thereof to
Government.
(5)
The auditors shall specify in the report
under sub-section (2) all cases of irregular, illegal or improper expenditure
or of failure to recover moneys or other property due to the Municipality or
any laws or waste of money, or other property thereof caused by the neglect or
misconduct of the officers or authorities of the Municipality.
(6)
The auditors shall also report to Government
on any other matter relating to the accounts of the Municipality as required by
the Government.
(7)
The Municipality shall forthwith remedy any
defect or irregularity pointed out by the auditors and report the action taken
to Government within three months.
(8)
The Auditors shall in the performance of
their functions under this Act have all the powers of the civil court under the
Code of Civil Procedure 1908, (Central Act 5 of 1908) while trying a suit in
respect of the following matters, namely:-
(a)
summoning and enforcing the attendance of any
person and examining him on oath;
(b)
requiring the discovery and production of any
document;
(c)
receiving evidence on affidavits;
(d)
requisitioning any public record or copy
thereof from any court or office and
(e)
such other matters as may be prescribed.
(9)
The auditors shall, after giving a reasonable
opportunity to the person concerned to explain his case, disallow every item of
expenditure incurred contrary to law and surcharge the same on the persons
incurring or authorising the incurring of such expenditure and may charge
against any person responsible therefor the amount of any deficiency, loss or
unprofitable outlay occasioned by the negligence or misconduct of that person
or of any sum which ought to have been but is not brought into account by that
person and shall, in every such case, certify the amount due from such person:
Provided
that no surcharge under this sub-section shall be made after a period of four
years from the date on which the expenditure in question was incurred.
Explanation.--It
shall not be open to any person whose negligence or misconduct has caused or
contributed to any such deficiency or loss to contend that notwithstanding his
negligence or misconduct the deficiency or loss would not have occurred, but
for the negligence or misconduct of some other person.
(10)
The auditors shall state in writing, the
reasons for their decision in respect of every disallowance, surcharge or
charge and a copy of such decision shall be served on the person against whom
it is made in the manner laid down for the service of summons in the Code of
Civil Procedure, 1908 (Central Act 5 of 1908).
(11)
Any person aggrieved by any disallowance,
surcharge or charge may, within fourteen days after the date of service on him
of the decision of the auditor, make an application to the district court to
set aside such disallowance, surcharge or charge and the court, after taking
such evidence as is necessary may confirm, modify or remit such disallowance,
surcharge or charge with such orders as to costs as it may think proper in the
circumstances.
(12)
Where an application is made to the court
under sub-section (9) the auditors shall be the sole respondents thereto and
the applicant shall not make either the Government or any other person a party
to the proceedings.
(13)
From the decision of the District Court under
sub-section (10) an appeal shall lie to the High Court.
(14)
Every sum certified by the auditors to be due
from a person under this Act shall be paid by such person to the Secretary of
the Municipality concerned within thirty days after the date of service on him
of the decision of the auditors unless within that time such sum, if not so paid,
or such sum as the court declares to be due shall be recoverable as if it were
an arrear of land revenue.
(15)
An abstract of every annual report of a
Municipality as certified by the auditor showing its receipts under each head,
the charges for the establishment, works undertaken, the sum expended on each
work, the balance if any, remaining unexpended together with the audit report
thereon shall be submitted to the officer authorised by Government, in this
behalf, not later than fifteenth day of the second month of the next financial
year.
(16)
On receipt of the report referred to in
sub-section (13), the said officer shall forthwith consolidate it and submit to
the Government.
(17)
The Government shall-
(a)
cause the accounts of the Municipality
together with the audit report thereon received by it under sub-section (16) to
be laid before the Legislative Assembly; and
(b)
cause the accounts of the Municipality to be
published in such manner as may be prescribed.
Section 296 - Contribution to expenditure
[ If the expenditure incurred by the Government or by any
other Municipality or Panchayat in the State for any purpose authorised by or
under this Act such as to benefit the residents of a Municipality, the
Municipality may, make a contribution towards such expenditure:
Provided
that before incurring such expenditure, the Municipality which is liable, to
pay the contribution, shall be consulted and convinced that if the said purpose
is served it will benefit the residents of that Municipality.]
Section 297 - Power of Municipality to borrow money
(1)
The Municipality may in pursuance of any
resolution passed at a special meeting of the Council borrow by way of
debenture or otherwise on the security of all or any of the taxes, duties,
fees, [service charges] and dues
authorised by or under this Act, any sums of money which may be required,-
(a)
for the construction of works; or
(b)
for acquisition of lands and buildings; or
(c)
for slum clearance and construction of
tenements; or
(d)
to pay off any debt due to the Government; or
(e)
to repay a loan raised by the Municipality;
or
(f)
for town improvement Schemes; or
(g)
for any public utility Schemes maintained or
proposed to be maintained by the Municipality:
Provided
that--
(i)
no loan shall be raised without the previous
sanction of the Government or otherwise than in accordance with the provisions
of the Kerala Local Authorities Loans Act, 1963 (30 of 1963) and the rules
issued thereunder;
(ii)
the amount of the loan the rate of interest
and the terms including the date of floatation, the time and method or
repayment and the like shall be subject to the approval of the Government.
(2)
When any sum of money has been borrowed under
sub-section (1) no portion thereof shall, without the previous sanction of the
Government, be applied for any purpose, other than that for which it was
borrowed.
Section 298 - Time limit for repayment of money borrowed under Section 297
The
time limit for the repayment of any money borrowed under section 297 shall in
no case exceed sixty years, and the time limit for the repayment of any money
borrowed for the purpose of discharging any previous loan shall not, except
with the express sanction of the Government, extend beyond unexpired portion of
the period for which such previous loan was sanctioned.
Section 299 - Limitation on borrowing power
[ (1) Notwithstanding anything contained in the forgoing
provisions the borrowing powers of a Municipality shall be as prescribed, in
relation to the total annual receipts of that Municipality.
Provided
that nothing contained in this section shall prevent the issuance of Revenue
Bonds by the Municipality, secured by pledge of the revenue stream from the
project and strengthened on the basis of escrow account or credit enhancement
conditions:
Provided
further that the short fall in the escrow account would be made good from the
grants due from Government on intimation by the trustees.]
Section 300 - Form and effect of debentures
All
debentures issued under this chapter shall be in such form as the Municipality
may, with the previous sanction of the Government, determine, and shall be
transferable in such manner as shall be therein expressed and the right to sue
in respect of the money secured by any of such debentures shall vest in the
holders thereof for the time being without any preference by reason of some
such debentures being prior in date to others.
Section 301 - Payment to survivors of joint payees
Where
any debenture or security issued under this Act is payable to two or more
persons jointly, and either or any of them dies, then, notwithstanding anything
contained in section 45 of the Indian Contract Act 1872 (Central Act 9 of
1872), the debenture or security shall be payable to the survivor or survivors
of such persons:
Provided
that nothing in this section shall affect any claim by the representative of a
deceased person against such survivor or survivors.
Section 302 - Receipt by joint holder for interest or dividend
Where
two or more persons are joint holders of any debenture or security issued under
this Act, any one of such person may give an effectual receipt for any interest
or dividend payable in respect of such debenture or security, unless notice to
the contrary has been given to the Municipality by any other of such persons.
Section 303 - Maintenance and investment of sinking funds
(1)
The Municipality shall maintain sinking funds
for the repayment of money borrowed on debentures issued and [shall
pay by quarterly instalments into such sinking funds such sum as
will be sufficient for the repayment within the period fixed for the loan of
all moneys borrowed on debentures issued and in the event of default in payment
of quarterly instalments, the grants due from Government shall be remitted to
the Sinking Fund.]
(2)
All moneys paid into the sinking funds shall,
as soon as possible, be invested by the Secretary in-
(a)
securities of the Central or the State
Government; or
(b)
securities guaranteed by the Central or the
State Government;
and
shall be invested in the joint names of the Secretary to the Government of
Kerala Finance Department and the Secretary to the Government of Kerala in
charge of Municipal Administration to be held by them as trustees for the
purpose of repaying on due date the debentures issued by the Municipality.
Every such investment shall be reported by the Secretary to the Council within
fifteen days.
(3)
All dividends and other sums received in
respect of any such investment shall as soon as possible after receipt, be paid
into the sinking funds and invested in the manner laid down in sub-section (2).
(4)
Where any part of a sinking fund is applied
in paying off any part of a loan before the period fixed for repayment the
interest which would otherwise, have been payable on such part of the loan
shall be paid into the sinking fund and invested in the manner laid down in
sub-section (2).
(5)
Any investment made under this section may,
subject to the provisions of sub-section (2), be varied or transposed.
Section 304 - Application of sinking fund
The
trustees under sub-section (2) of section 303 may apply a sinking fund or any
part thereof in or towards the discharge of the loan or part of a loan for
which such fund was created and, until, such loan or part is wholly discharged
shall not apply the same for any other purposes:
Provided
that when any loan or part thereof has been consolidated under section 306, the
trustees shall transfer to the sinking funds of the consolidated loan so
created such part of the sinking funds of the original loans as may be
proportionate to the amount of the original loans incorporated in the consolidated
loan.
Section 305 - Annual statement by trustees
(1)
The trustees under sub-section (2) of section
303 shall, at the end of every year, submit to the Municipality a statement
showing –
(a)
the amount which has been invested during the
year under section 303;
(b)
the date of the last investment made prior to
the submission of the statement;
(c)
the aggregate amount of the securities then
in their hands; and
(d)
the aggregate amount which has upto the date
of the statement been applied under section 304 in or towards discharging
loans.
(2)
Every such statement shall be laid before the
Council and published.
Section 306 - Power of Municipality to consolidate loans
(1)
Notwithstanding anything to the contrary
contained in this Chapter the Municipality may consolidate all or any of its
loans and for the purpose may invite tenders for a new loan (to be called the
Municipal consolidated loan 19.....) and invite the holders of Municipal
debentures to exchange their debentures for scrip of such loan.
(2)
The term of any such consolidated loan and
the form of its scrip and the rates at which exchange into such consolidated
loan shall be permitted shall be subject to the prior approval of the
Government.
(3)
The period for the extinction of any such
consolidated loan shall not, without the sanction of the Government, extend
beyond the farthest date within which any of the loans to be consolidated would
be otherwise repayable.
(4)
The Municipality shall provide for the
repayment of any such consolidated loan by a sinking fund in the manner laid
down in section 303 having regard to the amount transferred to such sinking
fund under section 308.
Section 307 - Priority of payment for interest and repayment of loans over other payments
All
payments due from a Municipality as interest on and for repayment of loans
shall be made in priority to all other payments due from that Municipality.
Section 308 - Recovery of loans and advances made by the Governments
Notwithstanding
anything contained in the Local Authorities Loans Act, 1963 (30 of 1963) for
the time being in force, the Government shall be entitled to recover any loan
or advance made to any Municipality which is in arrears in accordance with the
provisions of the Kerala Revenue Recovery Act, 1968 (15 of 1968) as if it where
an arrear of public revenue due on land or by suit.
Section 309 - Bar of withdrawal of sum from Municipal fund
Where
the Government are satisfied that the Secretary makes persistent default in the
repayment of any loan borrowed from or advance made by the Government or makes
default in the remittance to any fund constituted and administered by or under
the Provisions of this Act they may by written order, direct any bank or
treasury where the Municipal funds are operated, to make payment to the persons
or authority specified in the order and such order shall be deemed to be a
payment order issued by the Secretary. The bank or treasury as the case may be
shall make payment to such person or authority subject to availability, of
funds at the credit of the Municipality and no withdrawal from the Municipal
fund of any amount by the Municipality shall be allowed until the amount as
required by the Government is paid in full.
Section 310 - Definitions
In
this Chapter,-
(a)
"hospital" means any establishments
or premises used or intended to be used, for the reception or accommodation of
persons suffering from any sickness, injury or infirmity, whether of body or
mind, and the providing of treatment or nursing or both for them and includes a
maternity home but does not include any hospital or nursing homes licenced
under the Mental Health Act, 1987 (Central Act 14 of 1987) and institutions for
the care of mentally retarded persons and leprosy patients and institutions run
by Government or voluntary organisations for the care and welfare of the aged;
(b)
"maternity home" means an
establishment where women are usually received and accommodated for the purpose
of confinement and anti-natal and post-natal care in connection with child
birth or anything connected therewith;
(c)
"Private hospital" means any
hospital other than a hospital belonging to or administrated by the Central
Government or State Government;
(d)
"private paramedical institution"
includes clinical laboratory, X-ray unit, blood bank, scanning centres, [nursing
schools] etc., under private ownership and also includes training centers
relating to the relevant subjects.
Section 311 - Registration of Private Hospitals and private paramedical institutions
On or
after the commencement of this Act, no private hospital and private paramedical
institution shall be established within the territorial area of a Municipality
without prior registration in that Municipality under section 313.
Section 312 - Registration of existing private hospitals and private paramedical institutions
In the
case of a private hospital or a paramedical institution existing on the date of
commencement of this Act in a Municipal area it shall be deemed to have been
registered under this Act, if an application for registration has been filed in
accordance with the provisions of section 313, [within
the prescribed period]
Section 313 - Application and fees for Registration
Every
application for registration of a private hospital or a paramedical institution
or for a renewal of the registration shall contain such particulars and shall
be accompanied by such fees, as may be prescribed.
Section 314 - Penalty for maintaining and running unregistered private hospitals and private paramedical institutions
Any
person maintaining or running an unregistered private hospital or private
paramedical institution in contravention of the provisions of this Act shall,
on conviction [be
punished with fine which may extend to five thousand rupees and after making
such conviction if maintaining or conducting a Private Hospital or Paramedical
Institution in contravention of the provisions of this Act shall be, punished
with fine which" may extend to one thousand rupees for each day during
which the offence continues.]
Section 314A - Collection of fees from Private Hospital and Para Medical institution
Subject to the rules made by the Government for this
purpose, the Municipality may collect annual fees at the rate fixed by the
Council from any Private Hospitals and Para Medical institutions registered in
the Municipality, for any services if any rendered to it by the Municipality.]
Section 315 - Vesting of existing water supply and sewerage, services under the water authority in the Municipality
[ (1) Notwithstanding anything contained in the Kerala
Water Supply and Sewerage Act, 1986 (14 of 1986) or in any other law, from the
date specified by the Government by notification in the Gazette, in respect of
water supply and sewerage for any of the Municipality and situated only within
its area and vested in the Water Supply Authority immediately before such
date,--
(a)
all assets including other equipments, all
plants, machineries, water works, pumping station, as the case may be, in,
along, over or under any public streets in the area of Municipality, all
buildings lands and other works, materials, stores and things appurtenant
thereto, all the water supply and sewerage service, sewerage works and sewage
forms and all buildings, lands, other works, materials stores, and things,
execution of works, conduct of water supply, distribution, fixing water charge,
collection etc., shall vest in and stand transferred to the Municipality
referred in the notification; and
(b)
all the rights, liabilities and obligations
of the Water Authority as the case may be, whether arising out of any contract
or otherwise relating to the water authority, the right to recover arrears of
sewerage charge, water charge, meter rent and of any cost of fees relating to
water supply and sewerage services, shall be the rights, liabilities and
obligations of the Municipality specified in the notification.
(2) The
properties, assets, rights, liabilities and obligations referred to in
sub-section (1) shall be valued in such manner as may be fixed by the
Government and shall be given to the water authority by the respective
Municipality in the manner prescribed.
(3) Where any
doubt or dispute arises as to whether any property or asset has vested in the
Municipality or any rights, liabilities or obligations have become the rights,
liabilities and obligations of the Municipality under this section, such doubt
or dispute shall be referred to the Government whose decision thereon shall be
final and the Water Authority and the concerned Municipality are bound to
implement it.
(4) The
Municipality to which the properties, assets, and service relating to water
supply and sewerage construction have been transferred under sub-section (1),
necessary staff of the Water Authority as may be required to continue such
service shall be conceded to that Municipality as decided by the Government.
(5) On issuing a
notification by the Government under sub-section (1), from the date specified
in the notification, the Water Authority shall be excluded from all the powers
and rights which it had under the Kerala Water Supply and Sewerage Act, 1986
(14 of 1986) within the area of the said Municipality and the Concerned
Municipality shall perform all such powers and rights.
Section 315A - Administrative power of the Municipality with regard to the existing water supply and sewerage schemes
(1)
Notwithstanding anything contained in the
Kerala Water Supply and Sewerage Act, 1986 (14 of 1986) or any other law, the
water supply and sewerage schemes useful for the residents in the land area of
more than one Local Self Government institutions which cannot be vested or
transferred to the Municipality under Section 315, the power with regard to the
maintenance and operation of such schemes shall be vested in the committee
constituted for this purpose by the Government.
(2)
In the committee referred to in sub-section
(1),--
(a)
Chairpersons of the Municipalities concerned;
(b)
Presidents of the Panchayats concerned;
(c)
Senior Engineer of the Water Authority of the
concerned scheme, who shall be its Secretary and Convenor;
shall
be the members and the Chairperson or the President of the Local Self
Government Institution to which the concerned scheme is more useful, shall be
the chairman of the committee.
(3)
The water authority shall provide the fund
and the service of staff required to perform the powers and functions of the
committee.
Section 315B - Power of Municipalities to prepare and implement schemes with regard to water supply and sewerage
(1)
Notwithstanding anything contained in the
Kerala Water Supply and Sewerage Act, 1986 (14 of 1986) or in any other law,
each Municipality have the power and right to prepare and implement the water
supply scheme or the sewerage scheme with in its Municipal area.
(2)
The Municipality which prepare and implement
the water supply scheme and drainage scheme under sub-section (1) may realise
water charge and service charge for sewerage from the beneficiaries in the
manner as prescribed.].
Section 316 - Provision for lighting public streets
[ (1) Municipality shall cause the public streets in its
land area to be lighted and for that purpose shall provide such lamps and works
as it deem necessary.
(2) For the
purpose of sub-section (1), the Kerala State Electricity Board shall provide
the required electrical energy and technical assistance to the Municipality, at
the rates fixed by Government and on other conditions, as prescribed.
(3) Notwithstanding
anything contained in sub-section (1), the Government shall, in consultation
with the Municipality, provide any public street with a lighting system through
an approved agency.
(4) Notwithstanding
anything contained in this section, two or more Local Self Government
institutions, may with the sanction of and on such terms as may be approved by
the Government, provide and maintain any street lighting system jointly.]
Section 316A - Provision for supply for electricity to the consumers
[ Any Municipality may, with the prior sanction of the
Government and, subject to other conditions as may be prescribed, enter into a
contract With Kerala State Electricity Board, for the bulk purchase of the
electricity for the supply of electricity in its land area.]
Section 317 - Power to carry wire, pipes, drains etc., through private property
The
Secretary may, for the purpose of implementation of any scheme for water supply
or drainage entrusted to a Municipality or for its maintenance or for the
establishment or maintenance of any lighting of public streets carry any cable,
wire, pipe, drain or channel of any kind through, across, under, or over any
road, street or place laid out for road or street and after giving fifteen days
notice in writing to the owner or occupier, through, across, under, over or up
the side of, any land or building in the Municipality, and may place and
maintain posts, poles standards, brackets or other contrivances to support
wires and lights on any pole or post in the Municipality not owned by the State
or the Central Government and may do all acts necessary or expedient for
repairing or maintaining any such cable, wire, pipe, drain, channel, post,
pole, standard, bracket or other similar contrivance in an effective state for
the purpose of which it is intended to be used or for removing the same:
Provided
that such work shall be done so as to cause the least practicable nuisance or
inconvenience to any person:
Provided
further that the Secretary shall, with the sanction of the Council, pay
compensation to any person who sustains damage by the exercise of such power.
Section 318 - Prohibition of making connection with mains without permission
(1)
No person shall, without the permission of
the Secretary make any connection with any municipal cable, wire, pipe, [any
underground drain under the control of the Municipality], or with the house
connection of any other person.
(2)
The Secretary may, by notice, require any
connection made in contravention of sub-section (1) to be demolished, removed,
closed, altered or remade.
[(3) Where any person fails to comply with the demand in
the notice issued under sub-section (2) within the period specified in the
notice, the Secretary shall have the power to demolish, remove, close, alter
or, remake such connection and the cost incurred thereof shall be recovered
from that person.]
Section 319 - Power to require level of culverts, cable, etc., to be raised or lowered
Where
a Municipality conducts any pipe or drain or other work connected with the
water supply or drainage of that Municipality across a culvert, cable or drain,
it may, [at the cost of the
Municipal Fund], require the owners of the same to raise or lower the level
thereof.
Section 320 - Provision of public latrines
A
Municipality shall provide and maintain in proper and convenient places a
sufficient number of public latrines and shall cause the same to be daily
cleansed and kept in proper order.
Section 321 - Licensing of public latrines
[(1) The Secretary may, issue licence, for providing and
maintaining pay and use latrines, for public use, subject to such conditions as
may be fixed by the Council and for the period fixed by it]
(2) No person shall keep a public latrine without
a licence under sub-section (1).
(3) Every licensee of a public latrine shall
maintain it clean and in proper order.
Section 322 - Provision of latrines by owner or occupier
(1)
The Secretary may, by notice, require the
owner or occupier of any building, within the time specified in such notice, to
provide a latrine or alter or remove from an unsuitable to a more suitable
place any existing latrine in accordance with the directions contained in such
notice for the use of the persons employed in or about or occupying such
building and to keep it clean and in proper order.
[(2) Where a group of building or huts situated in a land
and where individual latrine for each household is not feasible, the Secretary
may, by notice, require the owner or occupier of such land to provide latrines
of such description and number and in such position and within such time as may
be fixed in the notice.]
(3) Where the
work under sub-section (1) or sub-section (2) is not carried out within the
time specified in the notice, the Secretary may, if he thinks fit, cause such
works to be executed and recover the expenses incurred therefor from the owner
or occupier in default.
Section 323 - Provision of latrines for labourers
Every
person employing workmen, labourers or other persons exceeding nine in number,
shall provide and maintain for the separate use of persons of each sex so
employed, latrines of such description and number and in such position as the
Secretary may, by notice, require within such time as may be fixed in the
notice.
Section 324 - Provision of latrines for markets, cart stands, cattle sheds, choultry etc
The
Secretary may, by notice require the owner or manager of a market, cartstand,
cattleshed, choultry, theatre, railway station, dock, wharf or other place of
public resort to provide and maintain within the time specified in such notice
for the separate use of persons of each sex latrines of such description and
number and in such position as may be specified in such notice.
Section 325 - Latrines to afford privacy
and to be kept clean
[Any latrine shall be of such kind, affording privacy to
its user and to screen the filth from the view of persons passing by or
residing in the neighborhood, and it shall have water closet, leach pit having
lid or septic tank or drainage system, net tied polluted air exhaust system
etc. All latrines shall always be maintained clean and in a proper manner and
waste water shall not be permitted to accumulate in its surroundings.]
Section 325 - Latrines to afford privacy
All
latrine shall be so constructed as to afford privacy to its user and to screen
the filth from the view of persons passing by or residing in the neighbourhood
and shall be kept clean and in proper order.]
[MANAGEMENT OF WASTE]
Section 326 - Municipality to arrange for the removal of rubbish, solid wastes and filth
(1)
Every Municipality shall make adequate
arrangements for;-
(a)
the regular sweeping and cleansing of the
streets and removal of sweepings therefrom;
(b)
the daily removal of the filth and the
carcasses of animals from private premises;
(c)
the removal of solid wastes; and
(d)
the daily removal of rubbish from dustbins
and private premises, and with this object, it shall provide:
(i)
depots, receptacles and places for the
deposit of filth, rubbish and the carcasses of animals;
(ii)
covered vehicles or vessels for the removal
of filth;
(iii)
vehicles or other suitable means for the
removal of the carcasses of large animals and rubbish; and
(iv)
dustbins, receptacles and places for the
temporary deposit of domestic waste, dust, ashes, refuse, rubbish, offensive
matter, trade refuse, institutional refuse, carcasses of dead animals.
[(1a) It shall be the responsibility of the Secretary to
discharge the duties of the Municipality specified in sub-section (1) and the
Secretary shall by order entrust the said duties to the officers and staff having
the charge of public health and sanitation, on the basis of streets, areas and
the nature of work and get such duties duly discharged by them.
(1b) Every Councillor shall observe keenly the activity
of collection and removal of garbage and rubbish and other filth from the area
of the ward he represents, and the failure or neglect in this matter shall be
brought to the notice of the Secretary, and if it is so brought to the notice,
the Secretary shall take necessary urgent remedial measures.
(1c) Where the Secretary has failed to discharge the duty
vested in him under sub-section (1a) and consequently, arise environmental
problems and pollution by the accumulation of any garbage and rubbish and filth
in any public place the Council or the Government may take disciplinary action
against the Secretary for dereliction of duty.]
(2)
The Secretary shall make adequate provision
for preventing the depots, place, receptacles, dustbins, vehicles and vessels
referred to in sub-section (1) from[becoming
sources of nuisance that may cause reasons for environmental problems,
pollution and public health problems]
[(3) A Municipality may make arrangement on contract
basis, in whole or in part for the collection and disposal of sold waste from
public or private premises.]
[(5) Notwithstanding anything contained in this Act or any
other law for the time being in force, for the purpose of carrying out the
provisions contained in sub-section (4), the Government shall have the power to
take over any land belonging to the Local Self Government Institution, in which
the project as specified in said sub-section is proposed to be implemented, by
a notification published in the Official Gazette.]
Section 327 - Duty of owners and occupiers for storage and deposit of rubbish and solid waste
(1)
It shall be incumbent on the owners of all
premises to provide receptacle of a size to be specified by the Secretary for
the purpose of storage of domestic waste, trade waste, institutional waste,
dust ashes, refuse and rubbish generated from such premises.
(2)
Such receptacles shall at all times be kept
in good condition and shall be provided in such number and at such place as the
Secretary may, from time to time, by written notice, direct.
[(2A) The Secretary may, by public notice, direct the owners
or occupiers of any premises to segregate the waste; for easy collection and
disposal of such waste by the employees and contractors engaged by the
Municipality.]
(3)
It shall be incumbent on the owners and
occupiers of all premises to cause all domestic waste, trade waste,
institutional waste, dust, ashes, refuse, rubbish to be collected from their
respective premises and to be deposited in the public receptacle, depot or
place provided for the temporary deposit of wastes at such time as the
Secretary may, by public notice, from time to time, specify or hand over the
waste to the persons engaged or identified by the Municipality for the purpose.
Section 328 - Contract with owner or occupier for removal of rubbish or filth
The
Secretary may enter into contract with the owner or occupier of any premises to
remove rubbish or filth from such premises on such terms and conditions as may
seem suitable to the Secretary and on payments of fees at such rates as the
Municipality determines from time to time.
Section 329 - Introduction of house to house collection of rubbish
(1)
The Secretary may, with the sanction of the
Council, introduce in the Municipal area or part thereof house to house
collection of rubbish and other offensive matter for which he may publish, from
time to time, an order specifying the hours within which the occupier of any
house or premises or land may place rubbish or offensive matter adjacent to his
house, premises or land or on a public street adjacent to his house, premises
or land as may be specified by the Secretary, in a proper receptacle provided
by the Municipality or in a receptacle of the size and type as may be specified
by the Secretary in the order that such rubbish or offensive matter may be
removed by the employees of the Municipality or by the contractor who may be
engaged by the Municipality for this purpose.
(2)
No person shall place or cause to be placed
rubbish of offensive matter on a public street at the time other than the time
specified by the Secretary and except in the receptacle provided or specified
under sub-section (1).
Section 330 - Rubbish and other solid waste to be the property of the Municipality
All
the rubbish and solid waste collected by the employees or contractors of the
Municipality and the carcasses of dead animals deposited in any public
receptacles, depot or place [shall
be the property of the Municipality and they may dispose of the same by auction
or otherwise.]
Section 331 - Provision for final disposal of solid waste
(1)
Every Municipality shall identify and notify
suitable lands within or without the municipal area for the purpose of final
disposal of waste.
(2)
While notifying the land under sub-section
(1), health and environmental aspects shall be taken into consideration by the
Municipality.
(3)
Every Municipality may make adequate
arrangements for the utilisation of solid wastes for the preparation of compost
and the disposal of it by sale.
(4)
Where composting of waste is not found
possible or practicable, sanitary landfill methods shall be adopted by the
Municipality for the disposal of waste at the landfill sites in the manner as
may be specified by the Council.
(5)
Incineration of waste may be resorted to by
the Municipality for the disposal of infectious waste generated from the
hospitals, nursing homes or health care centres and the non-industrial
hazardous waste as specified by the Council from time to time.
Section 332 - Provision for processing of solid wastes
The
Municipality may, for the purpose of recycling, treating, processing and
disposing of solid wastes or converting such solid wastes into compost or any
other matter construct, acquire, operate, maintain and manage any establishment
within or without the Municipal area and run it on a commercial basis or may
contract out such activity.
Section 333 - Contributions from persons having control over places of pilgrimage etc
Where
a church, mosque, temple, mutt or any place of religious worship or instruction
or any place which is used for holding fairs, festivals or for other like
purposes is situated within a municipal area or the neighbourhood thereof and
attracts, either throughout the year or on particular occasions a large number
of persons, requiring special arrangements necessary for public health, safety
or convenience, whether permanent or temporary, by the Municipality, the
Municipality may require the trustee or other person having control over such
place to make such recurring or nonrecurring contributions to the funds of that
Municipality as determined by Government.
Section 334 - Removal of solid waste, rubbish and solid waste accumulated on non-residential premises
(1)
The Secretary may, if he thinks fit, by
notice in writing require the owner or the occupier of any premises used as-
(i)
a factory, workshop or a place for carrying
on any manufacturing process, or
(ii)
a market or trade premises, or
(iii)
a slaughter house, or
(iv)
a hotel, eating house, or restaurant, or
(v)
a hospital or a nursing home, or
(vi)
a warehouse or godown, or
(vii)
a place to which large number of persons
resort, where rubbish, offensive matter, filth, trade refuse, special wastes,
hazardous wastes or excrementitious and polluted matters are accumulated in
large quantities, to collect such matters accumulating thereon and to remove
the same to a depot or place provided or directed by the Secretary at such time
and in such manner and by such routes as may be specified in the notice.
[Provided that if such solid waste cannot be removed to a
place or to a depot, as is required by the Secretary on reasons related to
health the Secretary may, by notice require such owner or occupier, to dispose
of such things by themselves within the time as specified in the notice and if
such person make default in such disposal, he shall on conviction be punished
with a fine extending upto ten thousand rupees and after such conviction if
reluctant to comply with that direction he may be punished with a further fine
at the rate of one hundred rupees for each day during which the offence is
continued.]
(2)
Where the owner or occupier fails to carry
out the instructions under sub-section (1), the Secretary may, after giving a
notice, cause all rubbish including building rubbish, offensive matter, trade
refuse, special wastes, hazardous wastes or excrementitious and polluted matter
accumulated in such premises to be removed and charge the said owner or
occupier the cost for such removal at such rate as determined by the Council
which and specified in the notice issued under this sub-section for such
removal:
Provided
that such cost shall not be at a rate less than the unit cost for the removal
of such solid wastes (including the cost for servicing, depreciation and other
charges, if any, for vehicles or vessels or means for removal) as the Council
may determine from time to time.
Section 334A - Management of waste at source
[ (1) Notwithstanding anything contained in Sections 326
to 334 and in Sections 335 and 336 of this Act, the owner or the person having
the lawful management or control of trade centres, hospitals, markets,
slaughterhouses, chicken stalls, fish stalls, marriage halls, flats, hotels,
catering service establishments, houses having a plinth area of more than 400
square metres and such other establishments as may be notified by the
Municipality, shall,--
(a)
keep the waste originated in such buildings,
establishment or places, segregated as bio-degradable and non biodegradable
waste at the source itself, in the manner as may be prescribed and as provided
for in the bye-laws of the Municipality and set up sufficient systems in this
behalf;
(b)
process and dispose of in appropriate manner
the bio-degradable waste segregated as per clause (a) at the source itself or
with the written permission of the Secretary, at the neighbouring place in the
ownership of such person, subject to the provisions of the Environment
Protection Act, 1986 (Central Act 29 of 1986) and the Rules made thereunder and
without causing pollution to water, air and sound and if there is space
restriction for this purpose, in order to ensure the processing of such waste
through the Municipality or through waste processing agencies recognised by the
Government, pay such fees, in such manner as may be prescribed in accordance
with the quantity and type of waste;
(c)
in order to deal with the non bio-degradable
waste segregated under clause (a), enter into agreement with the person, or
with the establishment which, produces or distributes the goods which causes
such wastes, to take back the wastes relating to such goods and on the other
hand to remit the fees to the Municipality during such period, in such manner
and at such rates, as may be prescribed; and (d) process the waste water
originated in such buildings or establishments or places scientifically at its
source and where it cannot be processed scientifically, enter into an agreement
with an agency recognised by the Government, which processes waste water
scientifically, and shall not allow the waste water to flow into water bodies,
drainages or public way or public places.
(2) The
buildings, establishments and places specified in sub-section (1) shall have
the systems for processing the waste as stated in the said sub-section at the
time of their construction itself and the Municipality shall not grant working
permit, license or building number in respect of those which do not have such
systems and in the case of such existing buildings, establishments and places,
the Secretary may allow a period not exceeding one year for making such systems
or for rectifying the deficiencies in such systems and cancel the license,
building number or working permit of those institutions which do not make
sufficient system, after giving the party concerned an opportunity of being
heard.
(3) Whoever
violates any of the provisions of sub-section (1) shall, on conviction, be
punished with imprisonment for a term which shall not be less than six months
but which may extend to one year and with fine which shall not be less than ten
thousand rupees but which may extend to fifty thousand rupees or with both.
(4) Any person
convicted under sub-section (3) shall be punished with a fine of not less than
one thousand rupees for each day of continuing violation of the provisions of
sub-section (1)
Section 334B - Restriction on plastic carry bags and covers and management of plastic wastes
(1)
Subject to the provisions of the Environment
(Protection) Act, 1986 (Central Act 29 of 1986) and the Rules made
thereunder,--
(a)
the Municipality shall, by notification, fix
the minimum price of various kinds of plastic carry bags and plastic covers and
no institution or person shall sell such bags or covers at a price lower than
the price so fixed or give them free of cost and the Municipality shall take
steps to ensure that no institution or person does so;
(b)
where an applicant who applies for license
under Section 447 intends to sell plastic bags or plastic covers through his
establishment, such information shall be recorded in the application and the
Municipality may, in addition to the usual license fee, realise a fixed amount
as additional fee in this behalf for the period as may be prescribed, in
accordance with the approximate number or quantity of plastic bags and plastic
covers intended to be sold;
(c)
every consumer shall keep the waste plastic
bags and plastic covers segregated from other wastes and shall be managed as
provided for in the bye-laws that may be made by the Council.
(2)
The Secretary shall, lodge complaint any
person who violates the provisions of clause (a) of sub-section (1), in
accordance with the provisions of the said Central Act and the Rules made
thereunder.
Section 334C - Constitution of Waste Disposal Fund
The
Municipality shall constitute a special fund, by name 'The Waste Disposal Fund'
for the purpose of disposal of waste, especially for the disposal of plastic
waste, originated within the Municipal area, and,
(a)
the additional fee realised as per clause (b)
of sub-section (1) of Section 334B.
(b)
the fine amount recovered in the cases
relating to waste disposal; and
(c)
the amounts that may be granted by the Government
or given by other agencies or person for this purpose;
shall
be credited to the Fund and the same shall be managed in the manner as may be
prescribed].
[xxx]
Section 335 - Prohibition of improper disposal of carcasses, rubbish and filth
(1)
No person shall, after due provision has been
made under section 326 by the Municipality for the deposit and removal of
rubbish, solid waste, carcasses or filth deposit the same,-
(a)
in any street or on the verandah of any
building or on any unoccupied ground alongside any street or on any public
quay, jetty or landing place, or on the bank of a water course or tank; or
(b)
in any dustbin or in any vehicle not intended
for the removal of the same; or
(c)
in any vehicle or vessel intended for such
removal save for the purpose of deodourising or disinfecting the same.
(2)
Without prejudice to the generality of the
provisions in sub-section (1) no person shall deposit or cause or permit to be
deposited any building rubbish on or along any street, public or private land
without the previous permission of the Municipality:
Provided
that no permission shall be granted until a fee as may be determined by the
Council is paid:
Provided
further that the Secretary may, for reasons to be recorded in writing, refuse
to give such permission.
Section 336 - Prohibition of keeping filth on premises
No
owner or occupier of any premises shall keep or allow to be kept for more than
twenty-four hours any filth on such premises or in any building or on the roof
thereof or in any out building or any place belonging thereto, or fail to
comply with any requisition of the Secretary as to the construction, repair,
paving or cleansing of any latrine on or belonging to his premises.
Section 337 - Prohibition of allowing outflow of filth
No
owner or occupier of any premises shall allow the water from any sink, drain,
latrine or stable, or any other filth to flow out of such premises to any
portion of a street except a drain or a cess-pool or to flow out of such
premises in such a manner as to cause an avoidable nuisance by the soakage of
the said water or filth into the walls or ground at the side of drain forming a
portion of a street.
Section 338 - Prohibition of disposal of skin
No
person shall deposit the skin or otherwise dispose of the carcass of any dead
animal at a place not provided for the purpose.
Section 339 - Prohibition of using any cart without cover in the removal of filth etc
No
person shall, in the removal of filth, use any cart or receptacle not having a
proper covering for preventing the escape of the contents thereof, or of the
stench therefrom, or intentionally or negligently spill any filth in the
removal thereof, or omit carefully to sweep and clean every place in which any
such filth has been spilled, or place or set down in any public place any filth
whether in a vessel, closed or open.
Section 340 - Prohibition of throwing rubbish or filth into public places
[(1)] No person shall put or cause to be put any rubbish
or filth or other debris into any public place not intended for deposit of
rubbish or filth or debris.
[(2) Notwithstanding anything contained in this Act, the
Secretary or an Officer specifically authorised for the purpose shall, on being
satisfied that any person deposits or causes to deposit
any rubbish, or filth or other debris in any public place not intended for the
same, impose on the person so depositing or causing such deposit, a fine, on
the spot, which may not exceed two hundred and fifty rupees and the fine so
imposed shall be paid to the municipal fund within fifteen days and the
Secretary shall initiate prosecution against the person if he fails to do so].
Section 340A - Prohibition of deposit of rubbish, filth or excreta in water bodies and water sources
[ (1) No person shall deposit rubbish, filth or excreta
in a public watercourse or water body or any such water source vested in the
Municipality under sub-section (1) of section 208A or allow to flow waste water
into it or pollute the water in any other way engage or depute or compel or
instigate any person to do such activity.
(2) An offence
under sub-section (1) shall be cognizable and non-bailable.
(3) Whoever
commits an offence referred to in sub-section (1), shall, on conviction, be punishable
with fine which shall not be less than ten thousand rupees but not exceeding
twenty five thousand rupees and with imprisonment for a term which shall not be
less than six months but not exceeding one year.
Section 340B - Seizure, confiscation of vehicle used for carrying filth or excreta
(1)
The Secretary or an officer of the
Municipality authorised by the Secretary in this behalf or a Police Officer not
below the rank of a Sub-Inspector shall, seize a vehicle carrying filth or
excreta through public place or public road with the intention or preparation
to commit an offence under section 340A or having reasonable cause to suspect
that the vehicle is on its return after being used for such deposit, and shall
after following such procedures as may be prescribed produce before the Sub
Divisional Magistrate having jurisdiction.
(2)
After conducting such inquiry and following
such procedures as may be prescribed, the vehicle so seized may be released or
confiscated, as the case may be.
(3)
Where the vehicle is confiscated, it shall be
auctioned and the amount be credited to the Municipal Fund.]
Section 341 - Prohibition of commission nuisance in public streets etc
No
person shall commit a nuisance by relieving himself in any street, public place
or thoroughfare or permit any person under his control to do so.
Section 342 - Presumption as to offender
Where
any rubbish, offensive matter, trade refuse, special waste, hazardous waste or
excrementitious and polluted matter accumulation on any premises is deposited
in any place in contravention of the provisions of this Act, it shall be
presumed, unless the contrary is proved, that such contravention has been
committed by the occupier of such premises.
Section 343 - The employees of the Municipality engaged in rubbish and solid waste management service prohibited from depositing waste at a place other than specified etc
No
employee of the Municipality engaged in rubbish and solid waste management
service shall throw or place any domestic waste, dust, ashes, refuse, rubbish
or trade refuse or any excrementitious or polluted matter on any street or in
any place not provided for the purpose or place or keep in any street any
vehicle or carriage for the removal of solid waste, excrementitious or polluted
matter, or suffer the same to remain in any street for any greater length of
time than is reasonably necessary.
Section 344 - Power to inspect premises for sanitary purposes
The
Secretary or any officer authorised by him may, at any time, inspect any
premises for the purpose of ascertaining compliance with the provisions of this
Act.
Section 345 - Punishment for depositing or throwing any rubbish or solid waste in contravention of the provisions of this Act
Whosoever
deposits or throws any rubbish, solid waste, filth or carcasses in
contravention of the provisions in this Chapter [and
which does not fall under the purview of section 340A, shall, on conviction, be
punishable with fine which shall not be less than five hundred rupees but may
extend to two thousand rupees].
Section 346 - Maintenance and repair of streets
(1)
A Municipality shall, at the cost of the
municipal fund, cause the public streets and bridges vested in and under the
control of that Municipality to be maintained and repaired and may, from the
same fund; meet the cost of all improvements to the same which are necessary or
expedient for the public safety or convenience.
(2)
A Municipality may entrust to any other
Municipality or Panchayat with their consent the maintenance of such public
street or portion thereof the cost of maintenance being provided by that
Municipality.
Section 347 - Power of Municipal authorities
(1)
The Municipality may,-
(a)
lay out and make new Public streets;
(b)
construct bridges and sub-ways;
(c)
turn, divert or with the special sanction of
the Government permanently close any public street or part thereof; and
(d)
widen, open, extend or otherwise improve any
public street.
(2)
Reasonable compensation shall be paid to
owners or occupiers, as the case may be of any land or buildings which are
required for or affected by any such purposes.
Section 348 - Power to dispose of permanently closed streets
(1)
Where a public street is permanently closed
under section 347, the Municipality may, with the sanction of the Government,
dispose of the site or so much thereof as is no longer required, in such manner
as may be approved by the Government, provided that due compensation shall be
paid to any person injured by such closing.
(2)
In determining such compensation, allowance
shall be made for any benefit accruing to the same premises or any adjacent
premises belonging to the same owner from the construction or improvement of
any other public streets at or about the same time that the public street on
account of which the compensation is paid, is closed.
Section 349 - Acquisition of land and buildings for improvement of streets
(1)
A Municipality may acquire,-
(a)
Any land required for the purpose of opening,
widening, extending or otherwise improving any public street or of making any
new public street and the buildings if any, standing up on such land; and
(b)
Any land outside the proposed street
alignment, with the buildings, if any, standing thereupon:
Provided
that, in any case in which it is decided to acquire any land under clause (b)
the owner of such land may retain it by paying to the Municipality an annual
sum to be fixed by the Municipality in that behalf or a lumpsum to be fixed by
it, not being less than twenty-five times, of such annual sum and subject to
such conditions as the Municipality thinks fit as to the removal of the
existing building, if any, the description of the new building, if any, to be
erected, the period within which, the new building, if any, shall be completed
and any other similar matters.
(2)
Where any sum payable in pursuance of the
proviso to sub-section (1) in respect of any land is not duly paid, the same
shall be recoverable in the manner provided in this Act for the collection of
property tax, and, if not so recovered, the Secretary may enter upon the land,
and sell it with any erections standing thereon, by public auction subject to
the conditions, if any, imposed upon under sub-section (1) and may deduct the
said sum and the expenses of the sale from the proceeds of the sale and shall
pay the balance if any, to the defaulter.
(3)
Any sum paid in pursuance of the proviso to
clause (b) of sub-section (1) or recovered under sub-section (2) in respect of
any land shall be left out of account in determining the annual value of such
land for the purpose of assessing to the property tax.
(4)
Any land or building acquired under clause
(b) of sub-section (1) may be sold, leased or otherwise disposed of after
public advertisement, and any deed of conveyance made for that purpose may
comprise such conditions as the Municipality thinks fit as to the removal of the
existing building, if any, the description of the new building, if any, to be
erected, the period within which, the new building, if any, shall be completed
and any other similar matters.
(5)
The Municipality may require any person to
whom any land or building is transferred under sub-section (4) to comply with
the condition, if any, comprised in the deed of conveyance in respect of the
said transfer.
Section 350 - Power to prescribe building line and street alignment
The
Municipality may-
(a)
define for any public street a building line
or street alignment or both; and
(b)
from time to time define a fresh line in
substitution for any line so defined or for any part thereof:
Provided
that in either case-
(1)
At least one month before the meeting of the
Council at which the matter is decided, public notice of the proposal has been
given and special notice thereof, has also been put up in the street or part of
the street for which such line is proposed to be defined; and
(2)
The Council shall consider all objections to
the said proposal made in writing and delivered at the office of the
Municipality not less than three clear days before the day of such meeting.
Section 351 - Building not to be constructed within street alignment or building line
(1)
No person shall construct any building or
portion thereof within a street alignment defined under section 350.
(2)
No person shall erect or add to any building
between street alignment and building line defined under section 350 except
with the permission of the Secretary who may, when granting permission, impose
such conditions as the Council lays down for such cases.
Section 352 - Setting back projecting buildings or walls
(1)
Where any building or part thereof abutting
on a public street is within a street alignment defined under section 350, the
Secretary may, whoever, it is proposed-
(a)
to rebuild such building or take it down to
an extent exceeding one half thereof above the ground level, such half to be
measured in cubic metre; or
(b)
to remove, reconstruct or make any addition
to any portion of such building, which is within a street alignment;
in any
order which is issued concerning the rebuilding, alteration or repair of such
building, require such building to set back to be the street alignment.
(2)
Where any building or any part thereof within
a street alignment falls down or is burnt down or is, whether by order of the
Secretary or otherwise, taken down, or where any private land without any
building thereon lies within a street alignment, the Municipality may acquire
under the provisions of the Land Acquisition Act, 1894 (Central Act 1 of 1894),
the portion of land within the street alignment and if necessary, clear it.
(3)
Land acquired under this section shall be
deemed to be a part off the public street and shall vest in the Municipality.
(4)
Where any building is set back in pursuance
of any requisition made under sub-section (1), the Municipality shall forthwith
make full compensation to the owner for any direct damage which be may sustain
thereby.
Explanation.--The
expression 'direct damage' as used in sub-section (4) with reference to lands
means the market value of the land acquired and the depreciation, if any, in
the ordinary market value of rest of the land resulting from the area being
reduced in size; but does not include damage due to the prospective loss of any
particular use to which the owner may allege that he intended to put the land,
although such use may be injuriously affected by the reduction of the site.
Section 353 - Setting buildings forward to improve line of street
The Municipality
may, up on such terms as it thinks fit, permit any building to be set forward
for the purpose of improving the line of a public street and may, by notice,
require any building to be so set forward in the case of reconstruction thereof
or of a new construction.
Explanation,--
For the purpose of this section, a wall separating any premises from a public
street shall be deemed to be a building; and it shall be deemed to be
sufficient compliance with permission or requisition to set forward a building
to the street alignment if a wall of such material and dimension as approved by
the Secretary is erected along the said line.
Section 354 - Projected street
(1)
A Municipality may prepare schemes and plans
of proposed public streets, showing the direction of such streets, the street
alignment and building line on each side of them, their intended width and such
other details as may appear desirable.
(2)
The width of the proposed streets shall not
ordinarily be less than thirteen metres, or, in any area covered by huts, seven
metres.
(3)
It shall be the duty of a Municipality to
layout public streets in areas covered by huts, so far as may be practicable
both for the purpose of securing proper ventilation for huts in such areas, and
in view of the contingency of buildings being erected therein.
(4)
Where any plan has been prepared under
sub-section (1), the street to which it refers shall be deemed to be a
projected public street, and provisions of section 352 shall apply to all
buildings, so far as they stand across the street alignment or building line of
the projected street.
Section 355 - Watering of streets
A
Municipality shall, so far as it considers it necessary for public convenience,
and so far as funds permit, cause the important public streets [to
be watered] as it thinks necessary.
Section 356 - Temporary closure of streets
The
Secretary may, by an order in writing, temporarily close any street to traffic
for repair or in order to carry our any work connected with drainage, water
supply or lighting or any of the purposes of this Act;
Provided
that such work shall be completed and the street reopened to traffic with all
reasonable speed.
Section 357 - Protection of appurtenances and materials of street
No
person shall without the permission in writing of the Secretary, displace, take
up or make any alteration in the fences, posts, pavements, flags, or other
materials of any public street.
Section 358 - Power of Municipality to recover expenses caused by extraordinary traffic
Whereby
a certificate of [Municipal
Engineer] it appears to Municipality that, having regard to the average expense
of repairing roads in the neighbourhood, extraordinary expenses have been
incurred by the Municipality in repairing a street by reason of the damage
caused by excessive weight passing along the street or extraordinary traffic
thereon, the Municipality may, [require
by notice, any person by whose direction such weight or traffic has been
caused, to pay to the Municipality the amount of such expenses incurred by it]:
Provided
that any person from whom expenses are or may be recoverable under this section
may enter into an agreement with the Municipality for the payment to it of a
compensation in respect of such weight or traffic and thereupon the person so
paying shall not be subject to any proceeding under this section.
Section 359 - Owner's obligation to make street when disposing of land as building sites
Where
an owner of any land utilises, sells, leases or otherwise disposes of such land
or any portion or portions of the same as sites for the construction of
building, he shall, save in such cases as the site or sites may abut on an
existing public or private street, lay down and make a street or streets or
road or roads giving access to the site or sites and connecting with an
existing public or private street.
Section 360 - Making new private street
(1)
Any person intending to make or layout a new
private street shall send to the office of the Municipality a written
application with plans and sections showing the following particulars namely-
(a)
The intended level, direction and width of
the street;
(b)
the street alignment and the building line;
and
(c)
the arrangements to be made for levelling,
paving, metalling, flagging, channelling, sewering, draining, conserving and
lighting the streets.
(2)
The provisions of this Act and of any rules
or bye-laws made thereunder as to the level and width of public streets and the
height of building abutting thereon shall apply also in the case of street
referred in sub-section (1), and all the particulars referred to in that
sub-section shall be subject to approval by the Municipality.
(3)
Within sixty days after the receipt of any
application under sub-section (1), the Municipality shall either sanction the
making of the street on such conditions as it may think fit, or disallow it, or
ask for further information with respect to it.
(4)
Sanction under sub-section (3) may be
refused-
(i)
if the proposed street would conflict with
any arrangements which have been made, or which are in the opinion of the Municipality
likely to be made, for carrying out any general scheme for the laying out of
streets;
(ii)
if the proposed street does not conform to
the provisions of the act, rules and bye-laws referred to in sub-section (2);
or
(iii)
if the proposed street is not designed so as
to connect at one end with a street which is already open.
(5)
No person shall make or layout any new
private street without or otherwise than in conformity with the orders of the
Municipality. If further information is asked for, no steps shall be taken to
make or layout the street until orders have been passed upon receipt of such
information:
Provided
that the passing of such order shall not in any case be delayed for more than
sixty days after the Municipality has received all the information which it
considers necessary to enable it to deal finally with the said application. Any
application not disallowed with in the period of one hundred and twenty days
from the date of receipt in the office of the Municipality shall be deemed to
have been sanctioned.
Section 361 - Alteration or demolition of street made in breach of section 360
(1)
Where any person, makes or lays out any
street referred to in section 360 without or otherwise than in conformity with
the orders of the Municipality, the Secretary may, whether or not the offender
be prosecuted under this Act, by notice;-
(a)
require the offender to show cause, by a
written statement signed by him and send to the Secretary on or before such
date as may be specified in the notice, why such street should not be altered
to the satisfaction of the Secretary, or if such alteration be impracticable,
why such street should not be demolished; or
(b)
require the offender to appear before the
Secretary either personally or by a duly authorised agent on such day and at
such time and place as may be specified in the notice, and show cause as
aforesaid.
(2)
Where any person on whom a notice under
sub-section (1) is served fails to show sufficient cause to the satisfaction of
the Secretary why such street should not be so altered or 'demolished, the
Secretary may pass an order directing the alteration or demolition of such
street.
Section 362 - Power of Secretary to order work to be carried out or to carry it out himself in default
(1)
Where any private street or part thereof is
not levelled, paved, metalled, flagged, channelled, drained, conserved or
lighted to the satisfaction of the Secretary, he may, by notice, require the
owners or occupiers of building, or lands fronting or abutting on such street
or part thereof to carry out any work, which in his opinion may be necessary
and within such time as may be specified in such notice.
(2)
Where such work is not carried out within the
time specified in the notice, the Secretary may, if he thinks fit, execute it
and the expenses incurred shall be paid by the owners or occupiers in default
according to the frontage of their respective buildings or lands in such
proportion as may be settled by the Secretary
Section 363 - Right of owners to require street to be declared public
Where
any street has been levelled, paved, metalled, flagged, channelled, drained,
conserved and lighted under the provisions of section 362 such street shall, on
the requisition of the majority of the owners thereof, be declared a public
street.
Section 364 - Prohibition of obstruction in or over streets
No
person shall build any wall or erect any fence or other obstruction, or
projection, or make any encroachment in or over any street.
Section 365 - Public streets open to all
All
streets vested in or maintained by a Municipality shall be open to all members
of the public.
Section 366 - Prohibition and regulation of doors, ground floor windows and bars opening outwards
(1)
No door, gate, bar or ground floor window
shall, without a licence from the Municipality be hung or placed so as to open
outwards upon any street.
(2)
The Secretary may, by notice, require the
owner of such door, gate, bar, or window to alter it so that no part thereof,
when open, shall project over the street.
Section 367 - Removal of encroachments
(1)
The Secretary may, by notice, require the
owner or occupier of any premises to remove or alter any projection.
Encroachment or obstruction other than a door, gate, bar or ground floor window
situated against or in front of such premises and in or over any street.
(2)
Where the owner or occupier of the premises
proves that any such projection, encroachment or obstruction has existed for a
period sufficient under the law of limitation to give any person a prescriptive
title thereto or that it was erected or may with the permission or licence of
any authority duly empowered in that behalf, and that the period, if any, for
which the permission or licence, is valid has not expired, the Municipality
shall make reasonable compensation to every person who suffers damage by the
removal or alteration of the same.
(3)
Where the Secretary is satisfied that any
road or public street including footpath, if any, thereof belonging to the
Municipality or vested in it or otherwise is encroached upon by any person in
any form, either temporarily or permanently so as to cause obstruction or
hindrance or inconvenience to traffic and users of the street, the Secretary
may summarily evict such encroachments and may seize and dispose of any
belonging or article that may be found on such road or street and no person
shall be entitled to claim compensation for any action taken by the Secretary
in this behalf.
Section 368 - Power to allow certain works
[ (1) The Municipality may grant a licence, subject to
such conditions and restrictions as it may think fit, to the owner or occupier
of any premises to cover drains necessary for access to the premises.]
(2) A
Municipality, may grant a licence, subject to such conditions and restrictions
as it may think fit, for the temporary erection of pandals and other structures
in a public street vested in the Municipality or in any other public place the
control of which is vested in the Municipality.
(3) A
Municipality shall have power to lease roadsides and street margins vested in
it for occupations on such terms and conditions and for such period as it may
fix.
(4) No licence
under sub-section (1) or a lease under sub-section (3) shall be granted if
the [xx], construction or
occupation is likely to be injurious to health or cause public inconvenience or
otherwise materially interfere with the use of the road as such.
(5) The
Government may, by notification, restrict and impose such control in, as they
may think fit, the exercise by Municipalities in general or by any Municipality
in particular, of the powers under sub-sections (1) and (3).
(6) On the expiry
of any period for which a licence has been granted under this section, the
Secretary, may, without notice, cause any [construction]
put up under sub-section (1) or sub-section (2) to be removed, and the cost
thereof shall be recovered in the manner provided in section 538 from the
person to whom the licence was granted.
Section 369 - Prohibition of structures or fixtures which cause obstruction in public streets
No
person shall except with the written permission of a Municipality erect or set
up within a municipal area any wall, fence, rail, post, step, booth or other
structures or fixtures in or upon any public street or upon or over any open
channel, well or tank in any street so as to form an obstruction, or an
encroachment upon or a projection over, or to occupy any portion of such
street, channel, drain, well or tank.
Section 370 - Prohibition of deposits etc., of things on public street
Without
permission of the Secretary,-
(a)
no person shall place or deposit upon any
public street or upon any open channel, drain, or well in any street or in any
public place within a municipal area, any stall, chair, bench, box, ladder,
bale or other things so as to form an obstruction or encroachment thereto;
(b)
no workshops doing repair work of motor
vehicles or motor vehicle parts shall do any repair work or for doing repair
work or after doing repair work, park upon public streets near their premises.
Section 371 - Licence for sale in public place
No
person shall hawk or expose for sale in any public place or in any public
street within a municipal area any article what so ever whether it be for human
consumption or not except under a licence granted by the Municipality in this
behalf.
Section 372 - Secretary may without notice remove encroachment
Notwithstanding
anything contained in this Act, the Secretary may, without notice, cause to be
removed-
(a)
Any wall, fence, rail, step, booth, or other
structure or fixture which is erected or set up in contravention of the
provisions of section 369;
(b)
Any stall, chair, bench, box, ladder, bale,
or any other thing whatsoever, placed or deposited in contravention of section
370;
(c)
Any article, whatsoever, hawked or exposed
for sale in any public place or in any public street in contravention of
section 371 and any vehicle, package, box, board, shelf or any other thing in
or on which such article placed or kept for the purpose of sale.
Section 373 - Precautions during repair of streets
(1)
The Secretary shall, during the construction
or repair of any street, drain or premises vested in the Municipality-
(a)
cause the same to be fenced and guarded;
(b)
take proper precautions against accident by
shoring up and protecting the adjoining buildings; and
(c)
cause such bars, chains or posts to be fixed
across or in any street in which any such work is under execution as are
necessary to prevent the passage of vehicles or animals and avert danger.
(2)
The Secretary shall cause such drain, street
or premises to be sufficiently lighted or guarded during the night while under
construction or repair.
(3)
The Secretary shall, with all reasonable
speed, cause to complete the said work, fill in the ground and repair the said
drain, street or premises and remove the rubbish occasioned thereby.
Section 374 - Prohibition of removal of bars and lights
No
person shall, without lawful authority, remove any bar, chain, post or shoring
timber or remove or extinguish any light set up under section 373.
Section 375 - Prohibition of making holes and causing obstruction
(1)
No person shall make a hole or cause any
obstruction in any street, unless he previously obtains the permission of the
Secretary and complies with such conditions as he may impose.
(2)
Where such permission is granted, such person
shall, at his own expense, cause such whole or obstruction to be sufficiently
fenced and enclosed until the whole or obstruction is filled up or removed and
shall cause such hole or obstruction to be sufficiently lighted during the
night.
Section 376 - Occupation of poramboke without licence
(1)
Where any person without the previous
sanction of a Municipality occupies any land belonging to it or vested in it or
under its control, he shall, from time to time, pay in respect of such
occupation such sums by way of penalty as may be demanded by the Municipality,
subject to such limits as may be prescribed:
Provided
that before demanding any sum under this sub-section the Municipality shall
give such person an opportunity to show cause against such demand.
(2)
Where any person makes default in the payment
of any such amount the Magistrate having jurisdiction over the Municipal area
may, on application by the Secretary, recover the same in the same manner as if
it were a fine imposed by the Court.
(3)
(a) Any person unauthorisedly occupying any
land for which he is bound to pay a penalty under sub-section (1) in respect of
such occupation, may be summarily evicted by the Secretary and any crops or
other product raised on the land shall be liable to forfeiture and any building
or structure erected or anything deposited thereon, shall also, if not removed
by him after such written notice as the Secretary may deem reasonable, be
liable to forfeiture and any property so forfeited shall be disposed of by the
Secretary in accordance with such procedure as the Council may direct.
(b) Any eviction
under this sub-section shall be by serving a notice on a person reputed, to be
in occupation or his agent, requiring him, within such time as the Secretary
may deem reasonable after receipt of the said notice, to vacate the land and if
such notice is not obeyed, by removing or deputing a subordinate to remove any
person who may refuse to vacate the same and if the officer removing any such
person shall be resisted or obstructed by any person, the Secretary may report
the fact to the collector and thereupon the Collector shall hold a summary
enquiry into the case and if satisfied that the resistance or obstruction still
continues, may issue a warrant for the arrest of the said person and, on his
appearance may send him, with a warrant, in such form as may be prescribed, for
imprisonment in the civil jail for such period, not exceeding thirty days as
may be necessary to prevent the continuance of such obstruction or resistance:
Provided
that no person so committed for imprisonment under this section shall be liable
to be prosecuted under sections 183, 186 and 188 of the Indian Penal Code, 1860
(Central Act 45 of 1860) in respect of the same facts.
Section 377 - Licence for work on buildings likely to cause obstruction
Where
any person intends to construct or demolish any building or to alter or repair
the outward part thereof, and if any street or foot way is likely to be
obstructed or rendered inconvenient by means of such work, he shall first
obtain a licence from the Municipality in that behalf and shall also-
(a)
cause the said building to be fenced and
guarded;
(b)
sufficiently light it during the night; and
(c)
take proper precaution against accidents
during such time as the public safety or convenience requires.
Section 378 - Clearing of debris of fallen trees etc. by occupiers
Where
any obstruction is caused in any street by the fall of trees, structures or
fences the owner or occupier of the premises concerned shall, within twelve
hours of the occurrence of such fall or within such further period as the
Secretary may, by notice allow, clear the street of such obstruction.
Section 379 - Naming of Public Streets
[(1) The Municipality shall give names to the public
street vested in and maintained by it and may alter the name of such public
street:
Provided
that before such naming or renaming, the opinion of the Ward Committees or Ward
Sabhas concerned shall be taken into consideration.]
(2) The Secretary
shall cause to be put up or painted in English and in the language of the
locality on a conspicuous part of some building, wall or place, at or near each
end, corner or entrance the name of every public street.
(3) No person
shall, without lawful authority, destroy, pull down or deface any such name or
put up any name different from that put up by order of the Secretary.
Section 380 - Numbering of buildings
(1)
The Secretary shall cause a number to be
affixed to the side or outer door of any building or to some place at the
entrance of the premises.
(2)
No person shall, without lawful authority,
destroy, pull down or deface any such number.
(3)
Where a number has been affixed under
sub-section (1), the owner of the building shall be bound to maintain such
number and to replace it if removed or defaced and if he fails to do so, the
Secretary may by notice require him to replace it.
Section 381 - Building rules
(1)
The Government may make rules –
(a)
for the regulation or restriction of the use
of sites for building; and
(b)
for the regulation or restriction of building
construction.
(2)
Without prejudice to the generality of the
powers conferred by clause (a) of sub-section (1), rules made under that clause
may provide that-
(a)
no insanitary or dangerous site shall be used
for building construction; and
(b)
no site shall be used for the construction of
a building intended for public worship, if the construction thereon will wound
the religious feelings of any class of persons.
(3)
Without prejudice to the generality of the
powers conferred by clause (b) of sub-section (1), rules made under that clause
may provide for the following matters:-namely
(a)
information and plans to be submitted
together with applications for permission to construct a building;
(b)
height of buildings, whether absolute or
relative to the width of streets;
(c)
level and width of foundation level of lowest
floor, and stability of structure;
(d)
number and height of storeys composing a
building and height of rooms;
(e)
provision of sufficient open space external
or internal and adequate means of ventilation;
(f)
provision of means of egress in case of fire;
(g)
provision of secondary means of access for
the removal of filth;
(h)
materials and methods of construction of
external and partition walls, roofs and floors;
(i)
position, materials and methods of construction
of hearths, smoke escapes, chimneys, staircases, latrines, drains, cesspools;
(j)
paving of yards;
(k)
restrictions on the use of inflammable
materials in the building; and
(l)
in the case of wells, the dimensions of the
well in the manner of enclosing it, and if the well is intended for drinking
purposes the means which shall be used to prevent pollution of water.
Section 382 - Building site and construction or reconstruction of buildings
No
piece of land shall be used as a site for the construction of a building and no
building shall be constructed or reconstructed otherwise than in accordance
with the provisions of this part and of any rules or bye-laws made under this
act relating to the use of building sites or the construction or reconstruction
of buildings.
[xxx]
Section 383 - Power of Municipality to regulate further construction of certain classes of buildings in particular streets or localities
(1)
A Municipality may give public notice of its
intention to declare-
(a)
that in any street or portions of streets
specified in the notice,-
(i)
continuous building shall be allowed;
(ii)
the elevation and construction of the
frontage of all buildings thereafter constructed or reconstructed shall in
respect of their architectural features, be such as the Municipality may
consider suitable to the locality; or
(b)
that in any locality specified in the notice,
the construction of only detached buildings shall be allowed; or
(c)
that in any street, portion of streets or
localities specified in the notice, the construction of shops, warehouses,
factories, huts or buildings of a specified architectural character of
buildings destined for particular uses shall not be allowed without the special
permission of the Municipality.
(2)
No objection to any such declaration shall be
received after a period of three months from the publication of such notice.
(3)
The Municipality shall consider all
objections received within the said period and may modify or confirm the
declaration and the modification shall not be so as to extend its effect.
(4)
The Secretary shall publish the declaration
which shall take effect from the date of publication.
(5)
No person shall, after the date of
publication of the declaration under sub-section (4) construct or reconstruct
any building in contravention of such declaration.
Section 383A - Prohibition of constructions abutting the public roads
[Notwithstanding anything contained in this Act, no
person shall construct any building or structure other than a compound wall in
any land abutting any National Highway, State Highway, District Road or any
other roads notified by the Municipality within a distance of three metres from
the road boundary of his land abutting the road:
[Provided that the said limit of three metres shall not
be applicable for the construction, subject to the Building Rules, of first
floor or second floor or of both upon a building, existing on the date of
coming into force of this Act:
Provided
further that, any path, bridge or similar constructions used solely for
entering into any building or weather shade or sun shade forming part of the
building may, subject to the Building Rules, be constructed within the said
three metre limit:
Provided
also that when the part of the existing building is demolished for the
implementation of any town planning scheme, it shall be in such a way as not to
adversely affect the remaining portion of the building or the new addition made
and the complete responsibility regarding the safety and stability of it shall
be on the owner of the building and when he makes such demolition it shall be
performed at his own cost and responsibility and he shall not be eligible for
any compensation for the said construction and he shall submit a consent letter
for this purpose alongwith the application].
Section 384 - Buildings at corner of streets
A
Municipality may require any building intended to be erected at the corner of
two streets to be rounded off or splayed off to such height and extend as it
may determine, and may acquire, in accordance with the provisions of the Land
Acquisition Act, 1894 (Central Act 1 of 1894), such portion of the site at the
corner as it may consider necessary for public convenience or amenity.
Section 385 - Prohibition use of inflammable materials for building construction without permission
No
external roof, verandah, pandal or wall of a building shall be constructed or
reconstructed of grass, leaves, mats or other inflammable materials except with
the permission of the Municipality.
Section 386 - Prohibition of construction of doors, ground floor windows and bars so as to open outwards
No
door, gate, bar or ground floor window which opens on any public street shall
be constructed or reconstructed so as to open outwards except with a licence
under section 366.
Section 387 - Application to construct or reconstruct building
(1)
Where any person intends to construct or
reconstruct a building other than a hut [or low risk buildings] within a municipal area, he shall send to the
Secretary-
(a)
[an
application in writing or through online]
together with a site plan of the land for the approval of the site; and
(b)
[an
application in writing or through online]
together with a ground plan, elevation and sections of the building and
specification of the work for permission to execute the work.
Explanation.--Building
in this sub-section shall include a wall or fence of whatever height bounting
or abutting on any public street.
(2)
Every document furnished under sub-section
(1) shall contain such particulars and be prepared in such manner as may be
required under the rules or bye-laws made under this Act.
Section 388 - Requirement of prior approval of site
The
Secretary shall not grant permission to construct or reconstruct a building
unless and until he has approved the site on an application made under section
387.
Section 389 - Prohibition of commencement of work without permission
The
construction or reconstruction of a building [including
low risk buildings] shall not be begun unless and until the Secretary has
granted permission for the execution of the work.
Section 390 - Period within which approval or disapproval shall be intimated
Within
[within
fifteen days] after the receipt of an application made under section 387 for
approval of a site or of any information or further information required under
any rules or bye-laws made under this Act, the Secretary shall, by written
order, either approve or refuse to approve the site on any of the grounds
mentioned in section 393 and intimate the fact to the applicant.
Section 391 - Period within which Secretary is to grant or refuse to grant permission to execute work
Within
[fifteen
days] after the date of receipt of an application under section 387 for
permission to execute any work or of any information or of document or further
information or documents required under the rules or bye-laws made under this
Act, the Secretary shall, by written order either grant or refuse to grand such
permission on any of the grounds mentioned in section 393 and intimate the fact
to the applicant in writing:
Provided
that the said period of [fifteen
days] shall not begin to run until the site has been approved under section
390.
Section 392 - Reference to Council were Secretary delays grant or refusal of approval or permission
(1)
Where, within the period specified in section
390 or section 391, as the case may be, the Secretary has neither given nor
refused his approval of a building site, or his permission to execute any work,
as the case may be, the Council shall be bound, on the written request of the
applicant, to determine whether such approval or permission should be given or
not.
(2)
Where the Council does not, within one month
from the date of receipt of such written request, determine whether such
approval or permission should be given or not, such approval or permission
shall be deemed to have been given, and the applicant may proceed to execute
the work, but not so as to contravene any of the provisions of this Act or any
rules or bye-laws made thereunder.
Section [280][392A. Application for the construction of low risk buildings.
(1) Any person who
intends to construct or reconstruct a low risk building, shall file an
application to the Secretary, for approval of the building site and for
permission to execute the work of such building along with a
self-certification, in such form and along with such documents, as may be
prescribed .
(2) On receipt of an
application under sub-section (1), complete in all respect, the Secretary
shall, within five working days, issue an Acknowledgement Certificate, in such
form, as may be prescribed.
(3)
On
receipt of an Acknowledgement Certificate under sub-section (2), such
Acknowledgement Certificate shall be deemed to be approval of the building site
and permission to execute the work of such building.”.
Section 393 - Grounds on which approval of site or permission to construct or reconstruct building may be refused
(1)
The grounds on which approval of site for
construction or reconstruction of a building or permission to construct or
reconstruct a building shall be refused are the following, namely:-
(i)
that the work or use of the site for the work
or any of the particulars comprised in the site plan, ground plan, elevations,
sections or specifications would contravene provisions of any law, or any
order, rule, declaration or bye-law made under such law;
(ii)
that the application for such permission does
not contain the particulars or is not prepared in the manner required by any
rule or bye-law made under this Act;
(iii)
that any of the documents referred to in
section 387 has not been signed as required by rules or bye-laws made under
this Act;
(iv)
that any information or document required by
the Secretary under the rules or bye-laws made under this Act has not been duly
furnished;
(v)
that the streets or roads have not been made
as required under section 359;
(vi)
that the proposed building would be an
encroachment upon a land belonging to the Government or the Municipality; or
(vii)
that the land is under acquisition
proceedings.
(2)
No application for approval of a building
site or for permission to construct or reconstruct a building shall be refused
without stating the reasons for such refusal.
Section 394 - Lapse of permission
Where
the construction or reconstruction of a building is not completed within the
period specified in the permission, such permission shall lapse unless an application
for extension of time is made before the expiry of the period specified.
Section 395 - Power of Secretary to require alteration in work
(1)
Where it comes to the notice of the Secretary
that a work,-
(a)
is not in accordance with the plans or specifications
approved, or
(b)
is in contravention of any of the provisions
of this Act or any rule, bye-law, order or declaration made thereunder, he may,
by notice, require the person for whom such work is done-
(i)
to make such alterations as may be specified
in the said notice with the object of bringing the work in conformity with the
plans or specifications approved or the provisions so contravened; or
(ii)
to show cause why such alterations should not
be made, within such period as may be specified in the notice.
[Provided that any construction made in deviation from
the approved plan and specifications may not be required to be altered unless
it contravenes any provisions and specification mentioned in this Act or the
Building Rules made thereunder.]
(2)
Where such person does not show cause as
aforesaid, he shall be bound to make the alterations specified in such notice.
(3)
Where such person shows sufficient cause as
aforesaid, the Secretary may, by order confirm, modify or cancel the notice
issued under sub-section (1).
Section 396 - Stoppage of work endangering human life
Notwithstanding
anything contained in any of the foregoing provisions in this Chapter, the
Secretary may, at any time, stop the construction or reconstruction of any
building if, in his opinion, the work in progress endangers human life.
Section 397 - Application of certain sections to wells
The
provisions of section 387, 388, 389, 394, 395 and 396 shall, as far as may be,
apply to the digging of a well.
Section 398 - Application to construct or reconstruct huts
(1)
Every person who intends to construct or
reconstruct a hut within a municipal area shall send to the Secretary-
(a)
a site plan of the land, and
(b)
an application for permission to execute the
work.
(2)
Every such application and plan under
sub-section (1) shall contain such particulars and be prepared in such manner
as required by rules or bye-laws made under this Act.
Section 399 - Prohibition of commencement of work without permission
No
person shall begin the construction or reconstruction of a hut without the
permission under section 398.
Section 400 - Period within which Secretary is to grant or refuse to grant permission to execute the work
Within
fourteen days after the date of receipt of an application under section 398 or
of any information or plan or further information or fresh plan required under
the rules or bye-laws made under this Act, the Secretary shall, by written
order, either grant or refuse permission on any of the grounds mentioned in
section 402.
Section 401 - Reference to Council where Secretary delays passing orders
(1)
Where within the period specified in section
400, the Secretary has neither granted nor refused to grant permission to
construct or reconstruct a hut, the Council shall be bound on the written request
of the applicant to determine whether such permission should be granted or not.
(2)
Where the Council does not, within thirty
days from the date of receipt of such written request, determine whether such
permission should be granted or not, such permission shall be deemed to have
been granted and the applicant may proceed to execute the work but not so as to
contravene any of the provisions of this Act or any rules or bye-laws made
thereunder.
Section 402 - Grounds on which permission to construct or reconstruct hut may be refused
(1)
The grounds on which permission to construct
or reconstruct a hut may be refused are the following, namely:-
(i)
that the work or use of the site for the work
would contravene the provisions of any law or any order, rule, bye-law or
declaration made under such law;
(ii)
that the application for permission does not
contain the particulars or are not prepared in the manner required by any rule
or bye-law made under this Act;
(iii)
that any information or plan required by the
Secretary under the rules or bye-laws made under this Act has not been duly
furnished;
(iv)
that streets or roads have not been made as
required under Section 359; or
(v)
that the proposed hut would be an
encroachment upon a land belonging to the Government or the Municipality.
(2)
No application for permission to construct or
reconstruct a hut shall be refused without stating the reasons for such
refusal.
Section 403 - Lapse of permission
Where
the construction or reconstruction of a hut is not completed within the period
specified in the permission, such permission shall lapse unless as application
for extension of time is made before the expiry of the period specified.
Section 404 - Maintenance of external walls in repair
The
owner or occupier of any building adjoining a public street shall keep the
external part of the building in proper repair, with lime or cement plaster or
any other material to the satisfaction of the Secretary.
Section 405 - Application of provisions to alterations and additions
The
provisions of this Chapter and of any rule or bye-law made under this Act
relating to construction and reconstruction of buildings shall also be
applicable to any alteration thereof or addition thereto:
Provided
that works using materials of the same nature and value to keep the building as
such without enhancing its value and without changing its occupancy and usage
and which do not affect the position or dimension of a building or any room
therein shall not be deemed an alteration or an addition for the purpose of
this section. Changing of roof by using a different materiel, fitting of
rolling shutters, building of walls using a different material and other
similar works which enhance the value of the building to any extent will not be
treated as repair but as a new construction.
Section 406 - Demolition or alteration of building work unlawfully commenced, carried on or completed
(1)
Where the Secretary is satisfied-
(i)
that the construction, reconstruction or
alteration of any building or digging of any well-
(a)
has been commenced without obtaining the
permission of the Secretary or in contravention of the decision of the Council;
or
(b)
is being carried on, or has been completed
otherwise than in accordance with the plans or specifications on which such
permission or decision was based; or
(c)
is being carried on, or has been completed in
breach of any of the provisions of this Act or any rule or bye-law or order
made or issued thereunder or any direction or requisition lawfully given or
made under this Act, such rule, bye-law or order; or
(ii)
that any alteration required by any notice
issued under section 395 has not been duly made; or
(iii)
that any alteration of or addition to any
building or any other work made or done for any purpose in or upon any building
has been commenced or is being carried on or has been completed in
contravention of the provisions of section 405, he may make a provisional order
requiring the owner or the person for whom the work is done to demolish the
work done, or so much of it as, in the opinion of the Secretary, has been unlawfully
executed or to make such alterations as may, in the opinion of the Secretary,
be necessary to bring the work in conformity with the provisions of this Act,
bye-laws, rules, direction, order or requisition as aforesaid, or with the
plans and specifications on which such permission or decision was based, and
may also direct that until the said order is complied with, the owner or such
person shall refrain from proceeding with the work.
[Provided that the Secretary may, on realisation of a
compounding fees as may be fixed by the Government, regularise any
constructions, reconstruction or alteration of any building or digging of any
well, commenced, carried on or completed without getting a plan approved by the
Secretary or in deviation of the approved plan, if such construction,
reconstruction or alteration of the building or digging of the well does not
contravene any of the provisions and specifications mentioned in this Act or
the Building Rules made thereunder.]
(2)
The Secretary shall serve a copy of the
provisional order made under sub-section (1) on the owner or the person for
whom such work is done together with a notice requiring him to show cause
within a reasonable time, to be specified in such notice why the order should
not be confirmed.
(3)
Where the owner or the person for whom the
work is done fails to show cause to the satisfaction of the Secretary, the
Secretary may confirm the order or modify the same to such extent as he may
think fit to make, and such order shall then be binding on the owner or the
person for whom the work is done and on the failure to comply with the order,
the Secretary may himself cause the building or part thereof, demolished or the
well dismantled, as the case may be and the expenses therefor shall be
recoverable from the owner or such person.
(4)
Notwithstanding anything contained in
sub-section (2) or sub-section (3), prosecution proceedings against the owner
or the person for whom the work is done may be initiated.
[(5) Where the Government is satisfied that the construction,
reconstruction or alteration of any building has been carried out in breach of
any of the provisions of this Act or any rules made thereunder or any direction
lawfully given by the Government, or Secretary, the Government may direct the
Secretary of the Municipality to cause demolition of such construction,
reconstruction or alteration unlawfully carried out and if such direction is
not complied within the time limit specified in such direction, the Government
may arrange the demolition and cost thereof shall be recovered from the
Municipality.]
Section 407 - Power to regularise the unlawful building construction
[(1) Notwithstanding anything contained in this Act, if
any person or institution unlawfully, developed any land or [constructed,
reconstructed or carried out additions to any building] on [or
before] [31st July, 2017], [a
committee consisting of the District Town Planner, Regional Joint Director and
the Secretary of the Local Self Government Institution concerned] may after
consultation with the concerned Municipality on realisation of a compounding
fee as prescribed, regularise such land development or [building
construction or additions or reconstruction]:
Provided
that such regularisation shall not adversely affect any Town Planning scheme or
master plan approved under the existing provisions of the Town Planning Act:
Provided
further that no [building
construction or additions or reconstruction] shall be regularised, which is
done in contravention of the provisions in respect of the Security arrangements
provided in this Act, or the Building Rules made thereunder.
(2) Application
for regularisation under sub-section (1) shall be submitted within such time
and in such manner as prescribed.
Explanation.--For
the purpose of this Act, unlawful construction means any construction [or
building construction or additions or reconstruction] for which the Secretary
shall have no power to regularise under Section 406 of this Act or any
construction or re-construction [or
additions] done in contravention of the provision of this Act or the Building
Rules made thereunder or in contravention of any approved plan or any
construction done in deviation of any exemption order sanctioned by the
Government or any condition specified therein.]
Section 408 - Order of stoppage of buildings or works in certain cases
(1)
Where the erection of any building or the
execution of any work has been commenced or is being carried on (but has not
been completed) without obtaining the permission of the Secretary or in
contravention of any decision of the Council or any of the provisions of this
Act or any rule or bye-law made thereunder or any lawful direction or
requisition given or made under this Act, or the rules or bye-laws, the
Secretary may, without prejudice to any other action that may be taken under
this Act, by order require the person at whose instance the building or the
work has been commenced or it being carried on, to stop the same forthwith.
(2)
Where such order is not compiled with, the
Secretary may require any police officer to remove such person and all his
assistants and workmen from the premises within such time as may be specified
in the requisition, and such police officer shall comply with the requisition
accordingly.
(3)
After the requisition under sub-section (2)
has been complied with, the Secretary may, if he thinks fit, require in writing
the assistance of a police officer or depute by a written order an officer or
employee of the Municipality to watch the premises in order to ensure that the
erection of the building or the execution of the work is not continued and the
cost thereof shall be paid by the person at whose instance such erection or
execution was being continued or to whom notice under sub section (1) was
given, and shall be recoverable from such person as an arrear of property tax
under this Act.
Section 409 - Certain buildings or sheds exempted
(1)
Any building constructed and used, or
intended to be constructed and used, exclusively for the purposes of a
plant-house, matter house, [xx]
(not being a dwelling house), or sheds for keeping fuel or firewood for the
domestic use of its owner or for keeping agricultural implements, tools,
rubbish or other materials or for watching crops or [sheds
and other temporary sheds used exclusively for the purpose of kennels intended
for keeping not more than two dogs, cattle shed intended for keeping not more
than two cattle and each one of its calves or aviary intended for keeping not
more than ten bird like hen, duck etc.], shall stand exempted from the
provisions of this Chapter other than section 386, provided the building is
wholly detached from, and situate at a distance of at least one metre from the
adjacent building.
(2)
The Secretary may grant permission to a
person [on such terms as the
Council may generally decide in each case] to erect for a specified period huts
or sheds of a purely temporary nature for stabling, or other similar purposes.
On the failure of the person to demolish of dismantle it at the expiry of the
period specified, the Secretary may cause it to be demolished or dismantled and
the cost therefor shall be recovered from such person as if it were an arrear
of property tax due under this Act.
Section 410 - [Omitted]
[xxx]
Section 411 - Precautions in case of dangerous structures
(1)
Where any structure is deemed by the
Secretary to be in a ruinous state and dangerous to the passers-by or to the
occupiers of neighbouring structures, the Secretary may by notice require the
owner or occupier of such structure to fence off, take down, secure, demolish
or repair the same so as to prevent any danger therefrom.
(2)
Where immediate action is necessary, the
Secretary shall, before giving such notice or before the period of such notice
expires, cause to fence off, take down, secure, demolish or repair such
structures, or fence off a part of any street or take such temporary measures
as he deems fit to prevent danger, and the cost thereof shall be recoverable
from the owner or occupier in the manner provided in section 538.
(3)
Where in the opinion of the Secretary the
said structure is imminently dangerous to the inmates thereof, the Secretary
shall order the immediate evacuation thereof, and any person disobeying the
order may cause to be removed if necessary, with the assistance by a police
officer.
Section 412 - Precautions in case of dangerous trees
(1)
Where any tree or any branch of a tree or the
fruits of any tree deemed by the Secretary to be likely to fall and thereby
endanger any person or any structure, the Secretary may, by notice, require the
owner of the said tree to secure, lop or cut down the said tree or any branch
thereof so as to prevent any danger therefrom.
(2)
Where immediate action is necessary, the
Secretary shall before giving such notice or before the period of such notice
expires cause to secure, lop or cut down the said tree or branch thereof or
remove the fruits thereof or fence off a part of any street or take such other
temporary measures as he deems fit to prevent danger, and the cost thereof
shall be recoverable from the owner of the tree in the manner provided in
section 538.
Section 413 - Precautions in case of dangerous tanks, wells, holes etc
(1)
Where any tank, pond, well, hole, stream,
dam, bank or other place appears to the Secretary to be, for want of sufficient
repair, protection or enclosure, dangerous to the passers-by or to persons
living in the neighbourhood, the Secretary may by notice, require the owner to
fill in, remove, repair, protector enclose the same so as to prevent any danger
therefrom.
(2)
Where immediate action is necessary, the
Secretary shall, before giving such notice or before the period of notice
expires, cause to take such temporary measures as he deems fit to prevent
danger, and the cost thereof shall be recoverable from the owner in the manner
provided in section 538.
Section 414 - Power to stop dangerous quarrying
Where
in the opinion of the Secretary, the working of any quarry or the removal of
stone, earth or other material from any place is dangerous to persons residing
in or having legal access to the neighbourhood thereof or creates or is likely
to create a nuisance, the Secretary may, by notice, require the owner or person
having control of the said quarry or place to discontinue working the same or
to discontinue removing stone, earth or other material from such place or make
such order as he deems necessary for the purpose of preventing danger or
abating the nuisance arise or likely to arise from such quarry or place.
Section 415 - Precautions against fire
(1)
The Secretary may by notice, require the
owner of any structure, booth or tent partly or entirely composed of or having
any external roof, verandah, pandal or wall partly or entirely composed of
cloth, grass, leaves, mats, or other highly inflammable materials to remove or
alter such tent, booth, structure, roof, verandah, pandal or wall, or may grant
him permission to retain the same on such conditions as the Secretary may think
necessary to prevent danger from fire.
(2)
The Secretary may, by notice, require any
person using any place for the storage for private use of timber firewood, or
other combustible things to take special steps to guard against danger from
fire.
(3)
Where the Secretary is of opinion that the
means of egress from any building are insufficient to allow safe exit in the
event of fire he may, with the sanction of the Council, by notice, require the
owner or occupier of the building to alter or reconstruct any staircase in such
manner or to provide such additional or emergency staircases as he may direct
and where any building, booth or tent is used for purposes of public
entertainment, he may require, subject to such sanction as aforesaid, that it
shall be provided with an adequate number of clearly indicated exits so placed
and maintained as readily to afford the audience ample means of safe egress,
that the seating be so arranged as not to interfere with free access to the
exits and that gangway, passages and staircases leading to the exits shall
during the presence of the public be kept clear of obstructions.
Section 416 - Prohibition of construction of wells, tanks, etc., without the permission of the Secretary
(1)
No new well, tank, pond, cistern, fountain or
the like shall be dug or constructed without the permission of the Secretary.
(2)
The Secretary may grant permission subject to
such conditions as he may deem necessary, or may, for reasons to be recorded in
writing, refuse it.
(3)
Where any such work is begun or completed
without such permission, the Secretary may either-
(a)
by notice, require the owner or other person
who has done such work to fill up or demolish such work in such manner as the
Secretary directs; or
(b)
grant permission to retain such work:
Provided
that such permission shall not exempt such owner from being proceeded against
for contravening the provisions of sub-section (1).
Section 417 - Filling in pools, etc., which are sources of nuisance
(1)
Where, in the opinion of the Secretary-
(a)
any pool, ditch, tank, well, pond, bog,
swamp, quarry, hole, drain, cess pool, watercourse or any collection of water;
or
(b)
any land on which water may at any time
accumulate, is likely to become a breeding place of mosquitoes or in
other respect a source of nuisance, the Secretary may, by notice, require the
owner or person having control thereof to fill in, cover over, demolish, weed
and stock with larvicidal fish, petrolize, drain-off the same in such manner
and with such materials as the Secretary directs and or make such order for
removing or abating the nuisance.
(2)
Where a person on whom a requisition is made
under sub-section (1) to fill in, cover over, or drain of a well, delivers to
the Secretary, within the time specified for compliance therewith, written
objections to such requisition, the Secretary shall report such objections to
the Council, and shall make further inquiry in to the case, and he shall not
institute any prosecution for failure to comply with such requisition except
with the approval of the Council, but the Secretary may, nevertheless, if he
deems the execution of the work called for by such requisition to be of urgent
nature proceed in accordance with section 533 and pending the Council's
disposal of the question whether the said well shall be permanently filled in,
covered over or otherwise dealt with, may cause such well to be securely
covered over so as to prevent the ingress of mosquitoes, and in every such case
the Secretary shall determine with the approval of the Council whether the
expenses of any work already done as aforesaid shall be paid by such owner or
by the Secretary out of the municipal fund or shall be shared and if so, in
what proportion.
Section 418 - Regulation or prohibition of certain kinds of cultivations
A
Municipality may, on a report of the Director of Health Services, the health
officer of the Municipality or the local medical officer appointed by the
Government that the cultivation of any description of crop or the use of any
kind of manure or the irrigation of any land in any place within the municipal
area is in injurious to the public health, with the previous sanction of the
Government, by public notice, regulate or prohibit the cultivation, the use of
manure or irrigation of reported to be injurious:
Provided
that where such cultivation or irrigation has been practised during the five
years preceding the date of such public notice with such continuity as the
ordinary course of husbandry admits of, compensation shall be paid from the
municipal fund to all persons affected for any damage caused to them by
absolute prohibition.
Section 419 - Cleaning of insanitary private tank or well, the water of which is used for drinking etc
(1)
The Secretary may, by notice, require the
owner or person having control over any private water course, spring, tank,
well or other place the water of which is used for drinking, bathing or washing
clothes, to keep the same in good repair and to cleanse it of silt, refuse or
vegetation and to protect it from pollution by surface drainage in such manner
as he may think fit.
(2)
Where the water of any place which is used
for drinking, bathing or washing clothes, as the case may be, is proved to the
satisfaction of the Secretary to be unfit for the said purpose, the Secretary
may, by notice, require the owner or person having control thereof to-
(a)
refrain from using or permitting the use of
such water; or
(b)
close or fill in such place or enclose it
with a substantial wall or fence.
Section 420 - Duty of Municipality in respect of public well cess pools
[The Municipality shall keep and maintain in a clean
condition all wells, ponds and reservoirs which are not in private property and
operate it in a manner useful to the public]
Section 421 - Public wells, etc., open to all
All
wells, tanks and reservoirs maintained by a Municipality shall be open to use
and enjoyment by all members of the public.
Section 422 - Prohibition or regulation of washing of animals or clothes or fishing or drinking in public water courses, tanks, etc
A
Municipality may, in the interests of public health, regulate or prohibit
washing of animals, clothes or other things or fishing in any public spring,
tank, well, public water course or part thereof within the municipal area and
may set apart any such place for drinking or for bathing or for washing clothes
or animals, respectively, or for any other specified purpose.
Section 423 - Provision of public wash houses
(1)
A Municipality may construct or provide and
maintain public wash houses or places for the washing of clothes and may
require the payment of such rents and fees for the use of any such wash house
or place as it may determine.
(2)
A Municipality may farm out the collection of
such rents and fees for any period not exceeding three years at a time on such
terms and conditions as it may think fit.
(3)
Where sufficient number of public wash houses
or places are not maintained under sub-section (1), the Municipality may,
without making any charge therefor, specify suitable places for the exercise by
washermen of their calling.
Section 424 - Prohibition of washing by washermen at unauthorised places
(1)
The Secretary may, by public notice, prohibit
the washing of clothes by washermen in the exercise of their calling, within
the municipal area, except at-
(a)
public wash houses and places maintained or
provided under section 423, or
(b)
such other places as it may specify for the
purpose.
(2)
Where any such prohibition has been imposed,
no person who is by calling, a washermen shall, in contravention of such
prohibition, wash clothes except for himself or for personal and family service
or for hire on and within the premises of the hirer at any place within the
municipal area other than a public wash house or place maintained, provided or
specified under section 423.
Section 425 - Prohibition of defiling of water of tanks, etc., whether public or private
It
shall not be lawful for any person to-
[(a) bathe in or in any other manner defile the water
specially kept in any place by the Municipality for by any owner or drinking;
or
(aa) defile the water kept for bathing in any manner, or]
(b) deposit any offensive or deleterious matter in
the dry bed of any place set apart for drinking purposes; or
(c) wash clothes
in any place set apart for drinking or bathing; or
(d) wash any
animal or any cooking utensils or wool, skin or other foul or offensive
substances or deposit any offensive or deleterious matter in any place set
apart for bathing or washing clothes; or
(e) cause or suffer to drain into or upon any
place set apart as aforesaid for drinking, bathing or washing clothes or cause
or suffer anything to be brought there into or do anything whereby the water
may be fouled or corrupted.
Section 426 - Untenanted buildings or lands
Where
any building or land, by reason of abandonment, disputed ownership or other
cause remains untenanted, and thereby becomes a resort of idle and disorderly
persons or where, in the opinion of the Secretary, becomes a nuisance, the
Secretary may, after due inquiry, by notice, require the owner or person
claiming to be the owner to secure, enclose, clear or cleanse the same within a
reasonable time specified in the notice.
Section 427 - Removal of filth or noxious or wild vegetation
The
Secretary may, by notice, require the owner or occupier of any building or land
which appears to him to be in a filthy or unwholesome state, or over-grown with
any thick, noxious or wild vegetation, trees or undergrowth injurious to health
or offensive to the neighbourhood, to clear, cleanse or otherwise put the land
in proper state or to clear away and remove such vegetation, trees or
undergrowth within twenty four hours or such longer period not exceeding forty
eight hours and in such manner as may be specified in the notice.
Section 428 - Securing trees adjacent to house or well
Where
it appears to the Secretary that any tree or branch of any tree is likely to be
a nuisance to the adjacent houses or wells or tanks, the Secretary may, by
notice, require the owner of the said tree to chop, secure or cut down the said
tree within such time as may be specified in the notice, which shall not exceed
forty-eight hours, so as to prevent the nuisance therefrom.
Section 429 - Fencing of buildings or lands and pruning of hedges and trees
The
Secretary may, by notice, require the owner or occupier of any building or land
near a public street to-
(a)
fence the same to the satisfaction of the
Secretary; or
(b)
trim or prune any hedge bordering on the said
street so that it may not exceed such height from the level of the adjoining
road-ways as the Secretary may determine; or
(c)
cut and trim any hedge or tree overhanging
the said street and obstructing it or the view of traffic or causing it damage;
or
(d)
lower an enclosing wall or fence which by
reason of its height and situation obstructs the view of the traffic so as to
cause danger.
Section 430 - Secretary to act in default
Where
any person fails to comply with a requisition made by the Secretary under
sections 426, or section 427, or section 428 or section 429, the Secretary may,
without prejudice to any other action that may be taken against such person,
cause the act or the work mentioned in that section to be done and the expenses
incurred thereby may be recovered from such person in such manner as arrears of
property tax under this Act.
Section 431 - Lime-washing and cleansing of buildings
Where
it appears to the Secretary, that it is necessary for sanitary purposes so to
do, he may, by notice, require the owner or occupier of any building to
lime-wash or otherwise cleanse the building inside and outside in the manner
and within such time as may be specified in the notice.
Section 432 - Further powers with reference to insanitary buildings
(1)
Where the Secretary considers that-
(a)
any building or portion thereof is, by reason
of its having no plinth, or having a plinth of insufficient height, or by reason
of the want of proper drainage or ventilation or by reason of impracticability
of cleansing, attended with danger of disease to the occupiers thereof or to
the inhabitants of the neighbourhood, or is, for any reason, likely to endanger
the public health or safety; or
(b)
a block or group of buildings is, for any of
the said reasons, or by reason of the manner in which the buildings are crowded
together, attended with such risk as aforesaid, he may, by notice, require the
owners or occupiers of such buildings or portions thereof or, at his option,
the owners of the land occupied by such buildings or portions thereof to
execute such work or to take such measures as he may deem necessary for the
prevention of such danger
(2)
No person shall be entitled to compensation
for damage sustained by reason of any action taken under or in pursuance of
this section, save where a building is demolished in pursuance of an order made
hereunder, or so far demolished as to require reconstruction, in which case the
Municipality shall pay compensation to the owner thereof.
(3)
Where any building is entirely demolished
under sub-section (2) and the demolition thereof adds to the value of other
buildings or property in the immediate vicinity, the owners of such other
buildings or property shall be bound to contribute towards compensation payable
to the owner of the building so demolished in proportion to the increased value
accrued by their own building or property, as the case may be.
(4)
Where any building is so far demolished under
sub-section (2) as to require reconstruction, allowance shall be made in
determining the compensation for the benefit accruing to the premises from the
improvement thereof.
Section 433 - Buildings unfit for human habitation
(1)
Where any building or portion thereof
intended for use as a dwelling place appears to the Secretary to be unfit for
human habitation, he may by order prohibit [subsequent
use] of such structure for such purpose after giving the owner or occupier of
the structure a reasonable opportunity of showing cause why such order should
not be made.
(2)
Where a prohibitory order has been issued
under sub section (1), the Secretary shall communicate the same to the owner or
occupier of the structure and no owner or occupier of such structure shall use
or allow to be used for human habitation until the Secretary certifies in
writing that the causes rendering it unfit for human habitation have been
removed to his satisfaction.
(3)
Where a prohibitory order issued under sub
section (1) has remained in operation for one month, the Secretary shall report
the case to the Council, which shall, thereupon, consider whether the structure
should not be demolished. The Council shall give the owner or occupier not less
than fifteen days notice of the time and place at which the question will be
considered, and the owner or occupier shall be entitled to be heard when the
question is taken into consideration.
(4)
Where, upon such consideration, the council
is of opinion that the structure has not been rendered fit for human habitation
or that steps are not being taken with due diligence to render it fit or that the continuance of the structure is
a nuisance or dangerous or injurious to the health of the public or to the
inhabitants of the neighbourhood, it shall record a decision to that effect
specifying the reason therefor, and the Secretary shall, in pursuance of the
said decision, by notice, require the owner or occupier to demolish the
structure within a period of seven days.
(5)
Where the owner or occupier undertakes to
execute forthwith the works necessary to render the structure fit for human
habitation and [the
Secretary may with the consent of the Chairperson] considers that it can be so
made fit, the Secretary may postpone the execution of the decision of the Council
for such time not exceeding six month as he thinks sufficient for the purpose
of giving the owner or the occupier in opportunity of executing the necessary
works.
Section 434 - Abatement of overcrowding in dwelling house or dwelling place
(1)
Where it appears to the Secretary that any
dwelling house or other building which is used as a dwelling place, or any room
in such dwelling house or building is so overcrowded as to endanger the health
of the inmates thereof, he may, with the approval of the Standing Committee
concerned, by written order, require the owner of the building or room within a
reasonable time not exceeding four weeks to be specified in the said order, to
abate such over crowding by reducing the number of lodgers, tenants or other
inmates of the building or room, or may pass such other order as he may deem
just and proper to abate such overcrowding.
(2)
A Municipality may, by written order declare
what amount of superficial and cubic space shall be deemed for the purposes of
the sub section (1) to be necessary for each occupant of a building or room.
(3)
Where any building or room referred to in
sub-section (1) has been sub-let, the landlord of the lodgers, tenants, or
other actual inmates of the same shall, for the purposes of this section, be
deemed to be the owner of the building or room.
(4)
It shall be incumbent on every tenant, lodger
or other inmate of a building or room to vacate on being required by the owner
so to do, in pursuance of any requisition made under sub-section (1).
Section 435 - Prohibition of feeding of certain animals on filth
No
person shall feed or permit any animal, which is kept by him for dairy purpose
or which may be used for food, to be fed on filth.
Section 436 - Prohibition of keeping of animals so as to cause nuisance or danger
No
person shall keep any animal on his premises so as to cause nuisance or danger
to any person in the neighbourhood.
Section 437 - Licensing of dogs
No
person shall keep any dog except with a licence obtaining from the Secretary and
every owner shall cause his dog to be inoculated against rabies.
Section 438 - Power to dispose of stray pigs and dogs
The
Secretary may order for the seizure and destruction of unlicensed pigs or dogs
straying in the municipal area shall make such arrangements therefor as he may
deem fit.
Section 439 - Power of Secretary to use or sell materials of dangerous structure taken down, etc., and procedure when there is no owner or occupier
(1)
Where the Secretary takes down any structure or part thereof or cuts down any tree
or hedge or shrub or part thereof or removes any fruit by virtue of his powers
under this Chapter, the Secretary may sell the materials or things taken down,
cut down or removed, and apply the proceeds in or towards payment of the
expenses incurred therefor.
(2)
Where after reasonable inquiry, it appears to
the Secretary that there is no owner or occupier to whom notice can be given
under any section this Chapter, he may take such action as may appear to him to
be necessary with regard to the property concerned and may meet the expenses
incurred therefor by the sale of such property (not being land) or of any
portion thereof.
(3)
The Secretary may authorise any officer to
seize any animal found straying in public roads and streets, whether licensed
or not, causing obstruction to traffic or inconvenience to public and may
dispose of the animal in the same manner provided for the disposal of impounded
cattle under the Kerala Cattle Trespass Act, 1961 (26 of 1961):
Provided
that the Secretary may, if he deems fit summarily recover a fine not exceeding
two hundred and fifty rupees for any animal seized as a condition for its
release.
Section 440 - Power of Secretary to issue directions to abate nuisance
(1)
Where the Secretary is satisfied that any act
or omission, place or thing which causes or is likely to cause injury, danger,
annoyance, disturbance or offence to the sense of sight, smell or hearing or to
rest or sleep or which is or may be dangerous to life or injurious to health or
property of any person or persons, he may issue such direction to such person
at whose instance, he has reason to believe that such nuisance is caused or
such act or omission it is likely to be caused and take all steps as may be
required to abate the said nuisance within such time as may be specified in the
notice which shall not exceed forty eight hours.
(2)
Any person to whom a direction has been
issued under sub-section (1) shall be bound to comply with such direction
within such time as may be specified therein and any person failing to comply
with the direction shall be liable to prosecution.
Section 441 - Limitation of compensation
Save
as provided in sections 418 and 432 no person shall be entitled to compensation
for any damage sustained by reason of any action taken by the municipal
authorities in pursuance of their powers under this Chapter.
Section 442 - Exemption of Government from taking out licence
Nothing
in this Chapter shall be construed to require the State Government or the
Central Government to take out a licence in respect of any place in the
occupation or under the control of or any property belonging to such
Government.
Section 443 - Conditions precedent to grant or renewal of licence
Notwithstanding
anything contained in this Act or any other law, the Secretary may refuse to
grant or renew a licence under the provisions of this Act or any other law
which authorizes him to issue a licence, if the person applying for the licence
has made default in the payment of any taxes or fees payable by him to the
Municipality, provided the Secretary may, if he deems fit, grant or renew the
licence for a period not exceeding two months on satisfactory guarantee for the
payment within the said period.
Section 444 - Licences for places in which animals are kept
(1)
The owner or occupier of any stable,
veterinary, infirmity, stand, shed, yard or other place in which quadrupeds are
kept or taken in for purposes of profit, shall, in the first month of every
year, or in the case of a place to be newly opened, within one month before the
opening of such place, apply to the Secretary for a licence for the use of the
same for any such purpose of profit.
(2)
The Secretary may, by order and subject to
such restrictions and regulations as he thinks fit, grant or refuse to grant
such licence.
(3)
No person shall without or otherwise than in
conformity with a licence, use any place for such a purpose.
Section 445 - General powers of control over stables, cattle sheds and cow houses
(1)
All stables, cattle sheds and cow houses
shall be under the survey and control of the Secretary as regards their site,
construction, materials and dimensions.
(2)
The Secretary may, by notice, require that
any stable, cattle shed or cow-house be altered, paved, drained, repaired,
disinfected or kept in such a state as to admit of its being sufficiently
cleaned or be supplied with water, or be connected with a sewer or be
demolished.
(3)
Every notice under sub-section (2) shall be
addressed to the owner of the building or land in which the stable, cattle shed
or cow house is located.
(4)
The expense of executing any work in
pursuance of any such notice shall be borne by the said owner.
Section 446 - Power to direct discontinuance of use of building as stable, cattle shed or cow house
Where
any stable, cattle shed or cow house is not constructed or maintained in the
manner required by or under this Act, the Secretary may, by notice, for reasons
to be recorded therein direct that the same shall no longer be used as a
stable, cattle shed or cow house.
Section 447 - Purpose for which places may not be used without licence
(1)
A Municipality may notify by publication in
the Gazette or in any other manner as may be prescribed that no place within
the Municipal area shall be used for any one or more of the purposes
specified [in
the rules made in this behalf] or for any other trade without a licence and
except in accordance with the conditions specified therein and where the
licence is for running hostels, restaurants, eating houses, coffee houses,
Abkari shop, laundries, travel agency or barber saloons, the licence shall
always contain and be deemed to contain a condition that admission or service
therein shall be available to any member of the public:
Provided
that no notification under this sub-section shall take effect before the expiry
of sixty days from the date of its publication.
(2)
The owner or occupier of every such place
shall within thirty days of the publication of the notification apply to the
Secretary for a licence for the use of such place for such purpose.
[(3) The Council shall, within thirty days from the date
of receipt of the application, by order and subject to such terms and
conditions as it deems fit, either grant a licence for the use of a place for conducting a dangerous or offensive
trade or in the interest of the public refuse to grant such licence.
(3A) The Secretary shall, within fifteen days from the
date of receipt of the application, by order and subject to such terms and
condition as he deems fit, either grant licence for using a place to conduct a
common trade or in the interest of the public refuse to grant such licence.]
[(4) The period of licence granted under sub-section (3)
and (3A) or a licence deemed to have been granted under sub-section (6) shall,
unless a date is specified therein, expire on completion of three years from
the date of its issue.
(5) Every application for any licence or
permission or for its renewal under this Act or the rules or bye-laws made
thereunder, shall be made not less than thirty days and not more than ninety days
before the earliest day on which such licence or permission is required or the
licence expires.
(6) If the order on an application for any licence
or permission are not communicated to the applicant within thirty days after
the receipt of the application by the Secretary or within such longer period,
as may be prescribed in any class of cases the application shall be deemed to
have been allowed for the period required in the application, subject to the
Act, rules and bye-laws and all conditions which would have been ordinary
imposed.]
(6), (7) &
(8) [xxx]
Section 447A - Consultation with the Municipality for establishing the Industrial estate or Industrial development area by the Government
[The Government or any agency controlled by the
Government shall consult a Municipality before opening an Industrial Estate or
Industrial Development Centre or Industrial Area or Industrial Growth Centre or
Export Processing Sector or Industrial Park within the Geographical area of
that Municipality.]
Section 448 - Application to be made for construction, establishment or installation of factory, workshop or workplace in which steam or other power is to be employed
(1)
Every person intending-
(a)
to construct or establish any factory,
workshop or work place in which it is proposed to employ steam power, water
power or other mechanical power or electrical power or, any other factory which
does not employ any such power; or
(b)
to install in any premises any machinery or
manufacturing plants driven by steam, water or other power not being machinery
or manufacturing plant [exempted
by this Act or the rules made thereunder] shall, before beginning such
construction or establishment make [an
application to the Municipality in the prescribed form addressed to the
Secretary] for permission to undertake the intended work.
(2)
The application under sub-section (1) shall
specify the maximum number of workers proposed to be employed on any day in the
factory, workshop, workplace or premises and shall be accompanied by –
(i)
a plan of the factory, workshop, work place
or premises prepared in such manner as may be prescribed; and
(ii)
such particulars as to the power, machinery,
plant or premises as may be required by bye-laws made in this behalf.
[(3) The Secretary shall, as soon as may be, after the
receipt of the application, report to the Council if the establishment of the
factory or workshop or workplace or the installation of the machinery or
manufacturing plant, for which permission is applied for, is objectionable by
reason of causing nuisance or pollution due to the density of population in the
neighbourhood and the Council shall, after having considered the application
and the reports of the Secretary and of such other authorities specified in
sub-section (4) and as far as possible, any how, within a maximum period of 45
days from the date of receipt of the application,--
(a)
grant the permission applied for absolutely
or subject to such conditions as it deems fit; or
(b)
refuse the permission for reasons to be
recorded;]
[(4) The Council shall, before granting or refusing the
permission under sub-section (3), obtain and consider,--
(a)
if the factory or workshop or workplace or
premises comes within the purview of the Factories Act, 1948 (Central Act 63 of
1948), a report of the Inspector of the Factories appointed under the Factories
Act, 1948 (Central Act 63 of 1948) or an officer of the Industries Department
not below the rank of the Industries Extension Officer having jurisdiction over
the area, regarding the adequacy of ventilation and light, the sufficiency of
the height and dimensions of the rooms and doors, the suitability of the exits
to be used in case of fire etc. in the plan of the factory or workshop or
workplace or premises and such other matters as may be prescribed;
(b)
if the connected load of the machinery
proposed to be installed exceeds twenty-five horse power or the machinery and
other institutions are of the nature that there is possibility to cause
nuisance or pollution or the said industry is the one as specified in the
seventh schedule, a report of the District Medical Officer of Health, regarding
the possibility to cause nuisance or pollution; and
(c)
if the connected load of the machinery
proposed to be installed exceeds twenty-five horse power or the said industry
is the one included in the eighth schedule, a report of the Divisional Fire
Officer or any other officer authorised by him, regarding the sufficiency of
the planned fire prevention and fire fighting activities:
Provided
that if a declaration is given by the applicant recommended by the officer in
the Industries Department or the Kerala State Pollution Control Board
authorised for this behalf, to the effect that no pollution is involved in any
industry, in respect of such industry report under clause (b) may not be
required.]
(5) More than
nine workers shall not be employed on any day in any factory, workshop,
workplace or premises unless the permission granted in respect thereof under
sub-section (3) authorises such employment, or unless fresh permission under
the said sub-section authorising such employment has been obtained.
(6) The grant of
permission under this section-
(a)
shall, in regard to the replacement of
machinery, the levy of fees, the conditions to be observed be subject to such
restrictions and control as may be prescribed, and
(b)
shall not be deemed to dispense with the
necessity for compliance with the provisions of section 387 and 389 or sections
398 and 399, as the case may be.
Explanation.--The
word "worker" in sub-section (2) and (5) shall, in relation to any
factory, workshop, workplace or premises have the same meaning as in the
Factories Act, 1948 (Central Act 63 of 1948).
Section 449 - Abatement of nuisance from factory, workshop etc
[ (1) Where any factory, workshops, workplace or
machinery causes nuisance, which in the opinion of the Council, is by reason of
a particular kind of fuel being used or by reason of the noise or vibration
created, or discharge of poisonous gas or emission, of foul odour or smoke or
dust, the Secretary may direct the person in charge of such factory or workshop
or workplace or machinery for the abatement of such nuisance within a
reasonable time.
(2) The Council
may, if required, obtain expert opinion regarding the assessment of nuisance or
its abatement at the cost of the owner of the concerned factory or workshop or
workplace or the person in charge of them.
(3) If there is a
wilful default in the implementation of such direction or in the existing
circumstances the abatement of nuisance is found impracticable, the Secretary
may prohibit the working of the factory or workshop or workplace or machinery
until necessary steps are being taken satisfactorily by the person concerned
for the abatement of nuisance.]
Section 450 - Exemption
[ Notwithstanding anything contained in Section 448 no
permission of the Municipality shall be required for the installation of the
following machinery or manufacturing units or Industrial units, as the case may
be, namely:--
(a)
Electrical and non-electrical appliances and
machinery intended to be used for domestic or personal purposes;
(b)
Electrical and non-electrical appliances
installed for agricultural purposes;
(c)
Static transformer stations, condenser
stations and rectifier stations which will not require regular attention;
(d)
portable drilling machines and portable
machines used for construction purposes like concrete mixers;
(e)
a mechanical device installed at workshop or
workplace attached to educational institution or for scientific purposes;
(f)
mechanical devices introduced by the Kerala
State Electricity Board for generation and transmission of electricity;
(g)
installations of the Kerala Water Authority
for Water Supply and sewerage;
(h)
Industrial units, certified by the Industries
Department of the Government or by the Kerala State Pollution Control Board as
non-polluting industry and with machinery having capacity of less than five
horse power;
(i)
Industrial units in the area declared by the
Government or the Government controlled agency as an Industrial Estate,
Industrial Development Area, industrial Development Plot, Industrial Growth
Centre, Export Processing Zone or Industrial Park:
Provided
that the owner of any industrial unit specified under item (h) and (i) shall
register the unit in the Municipality by remitting the prescribed fee.]
Section 451 - The Secretary may enter any factory, workshop or workplace
(1)
The Secretary or any person authorised by him
in this behalf may enter any factory or workshop or workplace-(a) at any time
between sunrise and sunset;
(b) at any time
when an industry is being carried on; and
(c) at any time by day or by night, if he has
reason to believe that the provisions under section 448 or section 449 are
being violated.
(2)
No claim shall lie against any person for any
damage or inconvenience caused by the exercise of power under this section or
by the use of any force necessary for the purpose of effecting an entrance
under this section.
Section 452 - Provision of Municipal Slaughter house
(1)
Every Municipality shall provide sufficient
number of places for the use as municipal slaughter houses and may charge rents
and fees at such rates as it may think fit for use thereof. But, if any
complaint is received regarding the conduct of such slaughter houses from
nearby residents, steps shall be taken to start such slaughter houses only
after examining such complaints in detail.
(2)
The Municipality may-
(a)
place such slaughter houses under the
management of such persons as may appear to it proper for the collection of
such rents and fees, or.
(b)
farm out such collection on such terms and
conditions as it may think fit for any period not exceeding three years at a
time.
[(3) The Municipality shall make necessary arrangements
for maintaining the municipal slaughter houses in a hygienic manner and for the
disposal of waste.]
Section 453 - Licence for slaughter houses
(1)
The owner of any place within a municipal
area which is used as a slaughter house for the slaughtering of animals or for
the skinning or cutting up of any carcasses shall, in the first month of every
year or in case of place to be newly opened, one month before the opening of
the same, apply to the Secretary for a licence.
(2)
The Secretary may, by order and subject to
such restrictions and regulations as to supervision and inspection as he thinks
fit, grant or refuse to grant such licence.
[(3) Every person to whom a licence has been issued under
sub-section (2) shall maintain the slaughter house in a hygienic manner and
make necessary arrangements for the disposal of waste, failing which, the
Secretary shall cancel the said licence forthwith.]
Section 454 - Slaughter of animals during festivals and ceremonies
The
Secretary may allow any animal to be slaughtered in such places as he thinks
fit on occasions of festivals and ceremonies as a special measure.
Section 455 - Slaughter of animals and skinning or cutting carcasses
(1)
No person shall slaughter within a municipal
area except in a public or licensed slaughter house any cattle, sheep, goat or
pig for sale as food without or otherwise than in conformity with a licence
from the Secretary. But no sale of meat as food, prepared after slaughtering,
shall be made unless it is subjected to the inspection at the spot where
slaughter was done by the officers prescribed.
(2)
No person shall skin or cut up any carcass
without or otherwise than in conformity with a licence from the Secretary or
dry or permit to be dried any skin in such manner as to cause a nuisance.
Section 456 - Regulation of milk trade
(1)
No person shall without or otherwise than in
conformity with a licence from the Secretary-(a) carry on within a municipal
area the trade or business of a dealer in or importer or seller or hawker of
milk or dairy produce;
(b) use any place in a municipal area for the sale
of milk or dairy produce: Provided that no such licence shall be granted to any
person who is suffering from a dangerous disease.
(2)
The licence under sub-section (1) may be
granted on such conditions as the Secretary may deem necessary which may extend
to the construction, ventilation, conservancy, supervision and inspection of
the premises, within the municipal area where the animals from which the milk
supply is derived are kept or for reasons to be recorded in writing be refused.
Section 457 - Public market
All
markets which are acquired, constructed, repaired or maintained out of the
municipal fund shall be deemed to be public markets and such markets shall be
open to all members of the public.
Section 458 - Powers in respect of public markets
(1)
A Municipality may provide places for use as
public markets.
(2)
The Municipality may, in any public market,
levy any one or more of the following fees at such rates and may place the
collection of such fees under the management of such persons as may appear to
it proper or may farm out collection of such fees for any period not exceeding
three years at a time and on such terms and subject to such conditions as it
may deem fit-
(a)
fees for the use of or for the right to
expose goods for sale in such markets,
(b)
fees for the use of shops, stalls, pans or
sands in such markets,
[(c) fees on goods for sale brought to such markets on
vehicles or pack animals or by head load;]
(d) fees on
animals brought for sale into or sold in such markets, and
(e) licence fees on brokers, commission agents,
weighmen and measures practising their calling in such markets.
(3)
The Municipality may, with the sanction of
the Government close any public market or part thereof.
Section 459 - Control of Secretary over public markets
(1)
No person shall, without the permission of
the Secretary or, if the collection of fees have been farmed out, of the
farmer, sell or expose for sale any animal or article within any public market.
(2)
The Secretary may expel from any public
market any person who or whose servant has been convicted for disobeying any bye-law,
for the time being in force in such market and
may
prevent such person from further carrying on by himself or his servants or
agents any trade or business in such market or occupying any shop, stall, or
other place therein and may determine any lease or tenure which such person may
posses in any such shop, stall or place.
Section 460 - Licence for private markets
(1)
No person shall open a new private market or
continue to keep open a private market except on a licence from the
Municipality.
(2)
Application for a licence under sub-section
(1) shall be made by the owner of the place in respect of which the licence is
sought to be renewed, not less than six weeks before the expiry of the period
for which the licence has been granted and in the case of a new market, six
weeks before the date on which the market is proposed to be opened.
(3)
The Municipality shall, as regards private
markets already established and may, at its direction as regards new private
markets grant the licence applied for subject to such regulations as to
supervision and inspection and to such conditions as to sanitation, drainage,
water supply, width of paths and ways, weights and measures to be used, and
rents and fees to be charged in such market as it may think proper or it may,
for reasons to be recorded in writing, refuse to grant any such licence for any
new private market. The Municipality may, however at any time, modify the
conditions of a licence to take effect from any specified date or suspend or
cancel any licence for breach of any conditions thereof.
(4)
Where a licence is granted, refused,
modified, suspended or cancelled under this section, the Municipality shall
cause a notice of such grant, refusal, modification, suspension or cancellation
in English and the language of the locality to be pasted in some conspicuous
place at or near the entrance to the place in respect of which the licence was
sought or had been obtained
(5)
Every licence granted under this section
shall expire at the end of the year in which it is granted,
[Explanation.--For the purpose of his section private
market includes also a shopping complex having more than six shop rooms.]
Section 461 - Fees for licence
Where
a licence granted under section 460 permits the levy of any fees of the nature
specified in sub-section (2) of section 458, a fee not exceeding 33 1/3 per
cent of the gross income of the owner from the market in the preceding year
shall be charged by a Municipality for such licence;
Provided
that-
(i)
in the case of a market which was in
existence only for a portion of the preceding year, the gross income of the
owner from the market for the preceding years shall be deemed to be an amount
which bears to the income of the portion of the year the same proportion as the
whole year bears to the portion of the preceding year during which the market
was in existence.
(ii)
in the case of a new market, the licence fees
fixed by a Municipality shall not be less than-
(a)
fifty rupees where the area of the market is
not more than ten ares;
(b)
hundred rupees where the area of the market
is above ten ares, but not more than twenty ares;
(c)
one hundred and fifty rupees where the area
of the market is above twenty ares.
Section 462 - Sale in unlicensed private markets
No
person shall sell or expose for sale any animal or article in any unlicensed
private market.
Section 463 - Power of Municipality in respect of private market
A
Municipality may, by notice, require the owner, occupier or farmer of any
private market to-
(a)
construct approaches, entrances, passages
gates, drains and cess pits for such market and provide it with latrines of
such description and in such position and number as the Municipality may think
fit.
(b)
roof and pave the whole or any portion of it
or pave any portion of the floor with such materials as will in the opinion of
the Municipality secure imperviousness and ready cleansing;
(c)
ventilate it properly and provide it with
supply of water.
(d)
provide passages of sufficient width between
the stalls and make such alterations in the stalls, passages, shops, doors or
other parts of the markets as the Municipality may direct; and
(e)
keep it in a cleanly and proper state and
remove all filth and refuse therefrom.
Section 464 - Suspension or refusal of licence in default
(1)
Where any person after notice given to him in
that behalf by the Municipality fails within the period and in the manner
specified in the said notice to carry out any of the works specified in section
463, the Municipality may suspend the licence of the said person or may refuse
to grant to him a licence, until such works have been completed.
(2)
No person shall open or keep open any such
market after suspension or refusal of the licence.
Section 465 - Prohibition of nuisance in private market
No
owner, occupier agent or manager in charge of any private market or of any
shop, stall, shed or other place therein shall keep the same so as to cause a
nuisance or shall fail to cause anything that is a nuisance to be at once
removed to a place to be specified by the Municipality.
Section 466 - Power to close private market
The
Secretary or any officer duly authorised by him in that behalf may close any
private market in respect of which no licence has been applied for or the
licence for which has been refused, withheld or suspended or which is held or
kept open contrary to the provision of this Act.
Section 467 - Acquisition of rights of private persons to hold private markets
(1)
A Municipality may acquire the right of any
person to hold a private market in any place and to levy fee therein and where
the right to hold the market is acquired during the currency of a licence
issued to such person, he shall be paid compensation for the unexpired period
of the licence calculated on the basis of the profit he would have derived from
the market, had his right to hold the market been not acquired.
(2)
On such acquisition under sub-section (1),
the rights of the person to hold the private market and to levy fees therein
shall vest in the Municipality.
Section 468 - Duty of expelling persons suffering from infectious diseases etc., from market and power to expel disturbers
The
person in charge of a market shall prevent the entry therein or expel therefrom
any person suffering from any infectious or contagious disease who sells or
exposes for sale therein any article or who, not having purchased the same,
handles any articles exposed for the sale therein and may expel therefrom any
person who is creating disturbance therein.
Section 469 - Butcher's, fishmonger's and poulterer's Licence
(1)
No person shall without or otherwise than in
conformity with a licence from a Municipality [carry
on the occupation of butcher, fishmonger or poulterer] or use any place for the
sale of flesh or fish intended for human food in any place within a Municipal
area:
Provided
that no licence shall be required for a place used for the selling or storing
for sale of [preserved
fish or flesh kept in airtight and scaled containers].
(2)
The Secretary may, by order and subject to
such restrictions as to supervision and inspection as he thinks fit, grant or
refuse to grant such licence.
(3)
No person shall exhibit or expose to public
view for sale or otherwise, the carcasses or animal or bird (whether dressed or
not) in any licensed premises or in any other place in such a manner as to
cause annoyance or offence to the sense of sight of the public.
(4)
Every licence granted under sub-section (2)
shall, unless an earlier date is specified therein, expire at the end of the
year in which it is granted.
Section 470 - Power to prohibit or regulate the sale of articles in public streets
(1)
The Municipality may, prohibit, by public
notice, or regulate by licence or otherwise the sale or exposure for sale, of
any animals or articles in or on any public street or part thereof.
(2)
Where any person exposes for sale any animal
or articles in any public street or part thereof in contravention of any public
notice issued under sub-section (1) or of the restrictions and conditions of a
licence granted thereunder or of any regulation under the said sub-section, the
Secretary may, without prejudice to any other action that may be taken against
him under this Act, cause to be removed –
(a)
such animal or articles, and
(b)
any vehicle, package, box or any other thing
on which the articles referred to in clause (a) is placed.
(3)
Any animal caused to be removed by the
Secretary under sub-section (2) may, notwithstanding that such animal is not a
cattle as defined in the Kerala Cattle Trespass Act, 1961 (26 of 1961), be
impounded and dealt with under the provisions of that Act.
(4)
Any article, vehicle, package, box, or any
other thing caused to be removed by the Secretary under sub-section (2) shall,
unless the owner thereof turns upto take back such article, vehicle, package,
box or other thing and pays to the Secretary the charges for the removal and
storage thereof, be disposed of by the Secretary by public auction or in such
other manner and within such time as the Secretary thinks fit.
(5)
The charges for the removal and storage of
the article, vehicle, package, box or other thing sold under sub-section (4)
shall be paid out of the proceeds of the sale thereof and the balance, if any,
shall be paid to the owner of the article, vehicle, package, box or other thing
sold, on a claim being made thereof within a period of one year from the date
of sale, and if no such claim is made within the said period, shall be credited
to the municipal fund.
Section 471 - Decision on disputes as to whether places are markets
Where
any question arises as to whether any place within a Municipal area where
person assemble for the sale or purchase of article of food or clothing or
livestock or poultry, or coconut or palmyra product or other industrial crops
or of any other raw or manufactured products is a market or not, the
Municipality shall make a reference to the Government and the decision of the
Government on the question shall be final.
Section 472 - Provision of public cart stands etc
(1)
A Municipality may, subject to such [guidelines]
as the Government may issue in this behalf, construct or provide public landing
places, halting places and cart stands and may levy fees for the use of the
same.
(2)
The Municipality may-
(a)
place the collection of any such fees under
the management of such person as may appear to it to be proper; or
(b)
farm out the collection of any such fees for
any period not exceeding three years at a time and on such terms and conditions
as it may think fit.
(3)
A statement in English and the language of
the locality, showing the fees fixed by the Municipality for the use of such
place, shall be put up in a conspicuous part thereof.
Explanation.--A
cart stand shall, for the purposes of this Act, include a [bus
stand, taxi stand, autorickshaw stand, lorry stand and stand for other vehicles
arid for animals].
Section 473 - Prohibition of use of public place or sides of public streets as cart stand etc
Where
a Municipality has provided a public landing place, halting place or cart
stand, the Secretary may prohibit the use for the same purpose by any person
within such distance thereof as may be determined by the Municipality of any
public place or the sides of any public street, and may in addition to the
penalty imposed by or under this Act seize and detain any cart, carriage or
vessel plying in disobedience of such prohibition and may release it after
obtaining satisfactory guarantee for the due observance of such prohibition.
Section 474 - Recovery of cart stand fees etc
(1)
Where the fee leviable under sub-section (1)
of section 472 in respect of a vehicle or animal is not paid on demand, the
person appointed to collect such fee may seize and detain such portion of the
appurtenances or load of such vehicle or animal as well, in his opinion,
suffice to defray the amount due or in the absence of any such appurtenances or
load or in the event of the value being insufficient to defray the amount due,
may seize and detain the vehicle or animal.
(2)
Any property seized under sub-section (1)
shall be sent within twenty four hours to the Secretary or to such person as he
may authorise to receive and sell such property and the Secretary or such
person shall forthwith give notice to the proprietor of the property seized or,
where the proprietor is not known or is not a resident of the municipal area,
to the person who was in charge of the said property at the time when it was
seized or, where such person cannot be found, publish, in such manner as may be
prescribed, that after the expiry of two days, excluding Sunday if any, from
the date of service or publication of such notice, the property will be sold by
auction at a place to be specified in the notice.
(3)
Where at any time before the sale has begun,
the amount due on account of the fee, together with such sum as may be fixed by
the Secretary or the person authorised under subsection (1), towards expenses
incurred in connection with the seizure and detention, is tendered to the
Secretary or such person, the property seized shall forthwith be released.
(4)
Where no such tender is made, the property
may be sold and the proceeds of the sale applied to the payment of-
(i)
the amount due on account of the fee;
(ii)
such penalty not exceeding the amount of the
fee as the Secretary may direct; and
(iii)
the expenses incurred in connection with the
seizure, detention and sale.
(5)
The balance of the sale proceeds, if any,
shall be kept as a deposit for a period of one year from the date of sale and
if not claimed within that period shall be credited to the municipal fund.
Section 475 - Licence for private cart-stand
(1)
No person shall open a new private cart-stand
or continue to keep open a private cart-stand without a licence from the
Municipality.
(2)
An application for a licence under
sub-section (1) shall be made by the owner of the place in respect of which the
licence is sought, no less than six weeks before such place is proposed to be
opened as a cart-stand.
(3)
The Municipality shall, as regards private
cart-stands already lawfully established and may, at its discretion, as regards
new private cart-stands, grant the licence applied for, subject to such
regulations as to supervision and inspection and to such conditions as to
conservancy as it may think proper, or it may, for reasons to be recorded in
writing, refuse to grant any such licence for any new private cart-stand. The
Municipality may, however, at any time modify the conditions of a licence to
take effect from any specified date or suspend or cancel any licence granted
under this section for breach of the conditions thereof.
(4)
Where a licence is granted, refused, modified,
suspended or cancelled under this section, the Municipality shall cause a
notice of such grant, refusal, modification, suspension or cancellation in
English and the language of the locality, to be pasted in some conspicuous
place at or near the entrance to the place in respect of which the licence was
sought or had been obtained.
(5)
The Municipality may levy for every licence
granted under this section a fee not exceeding [three
thousand rupees] per annum.
(6)
Every licence granted under this section shall
expire at the end of the year in which it is granted.
Section 476 - Duty of Secretary to inspect
The
Secretary shall make provision for the constant and vigilant inspection of
animals, carcasses, meat, poultry, flesh, fish, fruit, vegetables, corn, bread,
flour, milk, ghee, butter, oil and any other articles exposed or hawked about
for sale or deposited in or brought to any place for the purpose of sale or
preparation for sale.
Section 477 - Power of Secretary for purposes of inspection
(1)
The Secretary or any person authorised by him
in writing for the purpose may, without notice, enter any slaughter house or
any place where animals, poultry or fish intended for food are exposed for sale
or where articles of food are being manufactured or exposed for sale at any
time by day or night when the slaughter, exposure for sale or manufacture is
being carried on and inspect the same and any utensil or vessel used for
manufacturing, preparing or containing any such article.
(2)
Where the Secretary or any person authorised
by him has reason to believe that in any place any animal intended for human
food is being slaughtered or any carcasses, is being skinned or cut up, or that
any food is being manufactured, stored, prepared, packed, cleansed, kept or
exposed for sale or sold without or otherwise than in conformity with a
licence, he may enter any such place without, notice, at any time, by day or
night for the purpose of satisfying himself whether any provision of laws,
bye-laws or regulations or any condition of a licence is being contravened.
(3)
No claim shall lie against the Secretary or
any person acting under his authority or the Municipality for any damage or
inconvenience caused by the exercise of powers under this section or by the use
of any force necessary for effecting an entry into any place under this
section.
(4)
In any legal proceeding in respect of the
powers exercised under this section in which it is alleged that any animal,
-poultry, fish or articles of food were not kept, exposed, hawked about, manufactured,
prepared, stored, packed or cleansed for sale, or were not intended for human
food, the burden of proof shall lie on the party so alleging.
Section 478 - Preventing inspection by Secretary
No
person shall, in any manner whatsoever, prevent the Secretary or any person
authorised by him from exercising the powers under section 477.
Section 479 - Power of Secretary to seize diseased animal, noxious food, etc
Where
any animal, poultry or fish intended for food appears to the Secretary or to
the person authorised by him, to be diseased, or any food appears to him to be
noxious, or if any vessel or utensil used in manufacturing, preparing or
containing such articles appears to be of such kind or in such state as to
render the article noxious, he may seize or carry away or secure such animal,
article of food, utensil or vessel, in order that same may be dealt with as
hereinafter provided.
Explanation.--Meat
subject to the process of blowing shall be deemed to be noxious.
Section 480 - Removing or interfering with articles seized
No
person shall remove or in any way interfere with an animal or article secured
under section 479.
Section 481 - Power to destroy articles
(1)
Where any animal or article of food is seized
under section 479, it may, with the consent of the owner or person in whose
possession it was found, be forthwith destroyed in such manner as to prevent it
being used for human food or exposed for sale, and where the article is
perishable, without such consent.
(2)
Any expenses incurred in destroying any animal
or article under sub-section (1) shall be paid by the owner thereof or person
in whose possession it was at the time of its seizure.
Section 482 - Production of article seized before Magistrate and power of Magistrate to deal with them
(1)
Articles of food, animals, poultry, fish,
utensils or vessels seized from a Municipal area under section 479 and not
destroyed under section 481 shall, as soon as possible, be produced before a
Magistrate of the First Class having jurisdiction in that area.
(2)
Where the Magistrate, whether on a complaint
or otherwise, on taking such evidence as he considers necessary, is of opinion
that any such animal, poultry or fish is diseased or any such article is
noxious or any such utensil or vessel is of such kind or in such state as is
described in section 479, he may order the same –
(a)
to be forfeited to the Municipality;
(b)
to be destroyed at the expense of the owner
thereof or persons in whose possession it was at the time of seizure, in such
manner as to, prevent the same being again exposed or hawked about for sale, or
used for human food or for the manufacture or preparation of or for containing
any such article as aforesaid.
Section 483 - Registration or closing of ownerless places for disposal of the dead
(1)
Every owner or person having control of any
place used at the commencement of this Act as a place for burial, burning, or
otherwise disposing, of the dead, shall, where such place is not already
registered, apply to the Municipality to have such place registered.
(2)
Where it appears to the Municipality that
there is no owner or person having control of such place, it shall assume such
control and register such place or may, with the sanction of the Government,
close it.
Section 484 - Licensing of places for disposal of the dead
(1)
No new place for the disposal of the dead,
whether public or private, shall be opened, formed, constructed or used except
on a licence from the Municipality.
(2)
An application for a licence under
sub-section (1) shall be accompanied by a plan of the place to be registered
showing the locality, boundary and extent thereof, the name of the owner or
person or community interested therein, the system of management and such
further particulars as the Municipality may require.
[(3) On receipt of an application under sub-section (2)
the Secretary shall,--
(a)
Send the application to the Municipal Health
Officer where the Municipality has appointed a Municipal Health Officer, and in
other cases, to the District Medical Officer of the Health Department having jurisdiction
over the area and to the concerned District Collector for their opinion on the
application; and
(b)
publish a public notice inviting objections
and suggestions, if any regarding the application.]
(4) The
Municipality, [after
considering the views of the officers under sub-section (3) and all other
objections and directions received before the date specified in the notice],
may-
(a)
grant or refuse to grant a licence; or
(b)
postpone the grant of a licence, until
objections to the site have been removed or any particulars called for by it
having been furnished.
Section 485 - Provision of burial and burning grounds and crematoria within or without Municipal area
[(1) Every Municipality shall, where there is no
necessary land or arrangement to be used as burial or burning grounds or
crematoria, arrange land to be used as burial or burning grounds or crematoria
within or outside the limits of the Municipal area, by meeting the expense from
the Municipal fund, in accordance with the provisions of Section 484 and may
charge rent and fees for the use thereof:
Provided
that in providing burial or burning grounds or crematoria outside the limits of
the Municipal area, the opinion of the District Medical Officer also shall be
sought and the prior permission of the Local Self Government Institution,
within the area of which it is intended to be provided, shall be obtained.]
(2) The
Municipality may farm out the collection of such rents and fees for any period
not exceeding three years at a time and on such terms and conditions as it may
think fit.
(3) Where the
Municipality provides any such place without the limits of its municipal area,
all the provisions of this Act and bye-laws framed thereunder for the
management of such places within the municipal area shall apply to such place.
Section 485A - Burial and burning grounds to be at distant places from residential buildings
[ No Municipality shall grant a licence under Section 484
for using any place as crematoria for burial or burning of dead bodies within a
distance of fifty metres from residential buildings or utilise for such
purposes under Section 485:
Provided
that in the case of a concrete vault such distance shall not be less than
twenty-five metres.]
Section 486 - Register of registered, licensed and provided places and prohibition of use of other places
(1)
A register shall be kept at the office of the
Municipality in which the places registered, licensed, or provided under
sections 483, 484 and 485 and all such places registered, licensed or provided
before the commencement of this Act shall be recorded, and the plans of such
places shall be filed in such office.
(2)
A notice that such place has been registered,
licensed or provided as aforesaid shall be affixed in English and in the
language of the locality to some conspicuous places at or near the entrance to
the burial ground or other place as aforesaid.
(3)
No person shall bury, burn or otherwise
dispose of any corpses except in a place which has been registered, licensed or
provided as aforesaid:
Provided
however that the Secretary may permit any burial or burning in private ground
in individual cases.
[Provided further that the Secretary shall not give any
permission without considering the objections, if any, received from any owner
of the land adjacent to the land where the burial or burning is intended to be
done or from any other neighbours.]
Section 487 - Report of burials and burnings
The
person having control of a place for disposing of the dead shall give
information of every burial, burning or other disposal of the corpse at such
places to any person appointed by the Secretary in that behalf.
Section 488 - Prohibition of the use of burial and burning grounds which are harmful to health or are overcrowded with graves
(1)
Where a Municipality is satisfied that—
(a)
any registered or licensed place for the
disposal of the dead is in such a state or situation as to be or likely to
become harmful to the health of persons living in the neighbourhood thereof; or
(b)
any burial ground is overcrowded with graves
and if in the case of a public burial or burning ground or other place as
aforesaid, another convenient place duly authorised for the disposal of the
dead exists or has been provided for the persons who would ordinarily make use
of such place, it may, with the previous sanction of the Government, give
notice that it shall not be lawful after a period to be specified in such
notice to bury, burn or otherwise dispose of any corpse at such place.
(2)
Every notice given under sub-section (1)
shall be published in the Gazette and in such other manner as may be
prescribed.
(3)
After the expiry of the period specified in
such notice no person shall bury, burn or otherwise dispose of a corpse at such
place.
Section 489 - Prohibition in respect of corpses
(1)
No person shall-
(a)
bury or cause to be buried any corpse or part
thereof in a grave, whether dug or constructed of masonry or otherwise, in such
manner that the surface of the coffin or the surface of the body where no
coffin is used, is not less than two metres deep from the surface of the
ground; or
(b)
build or dig, or cause to be built or dug any
grave in any burial ground at a distance not less than one metre, from the
margin of any other existing grave; or
(c)
without the sanction in writing of the
Secretary or an order in writing of a Magistrate, of competent jurisdiction,
reopen a grave already occupied; or
(d)
convey or cause to be conveyed a corpse or
part thereof to a burial or burning ground and not cause the burial or burning
of the same to commence within six hours after its arrival at such place; or
(e)
when burning or causing to be burnt a corpse
or part thereof permit the same or any part thereof or its clothes to remain
without being completely reduced to ashes; or
(f)
carry through any street a corpse or part
thereof not decently covered; or
(g)
while carrying a corpse or part thereof
within the municipal area leave the same in or near any street for any purpose
whatever; or
(h)
remove, otherwise than in a closed
receptacle, any corpse or part thereof kept or used for the purpose of
dissection.
Section 490 - [Omittde]
[x x x]
Section 491 - Disposal of unclaimed dead bodies
Notwithstanding
anything contained in any other law or direction for the time being in force
the Secretary shall arrange for the disposal of unclaimed dead bodies found
within his jurisdiction and may incur the expenditure therefore:
Provided
that before taking any action under this section clearance from the Police
shall be obtained.
Section 492 - General provisions regarding licences and permissions
(1)
Every licence and permission granted under
this Act or any rule or bye-law made thereunder shall specify the period, if
any, for which, and the restrictions, limitations and conditions, subject to
which, the same is granted and shall be signed by the Secretary.
(2)
Every licence issued by the Secretary shall
specify the person to whom, the premises in respect of which, and the trade or
business or undertaking for which the licence is granted and for any change in
the person, the premises or the business, trade, or undertaking, a fresh
licence or permission shall be taken with or without payment of further fee as
the Municipality may fix.
(3)
Where any person intending to obtain a
licence or permission for the first time and where the applicant is a person
other than the owner of the premises in question, he shall, along with the
application produce the written consent of the owner of the premises and the
period of the licence shall not exceed the period, if any, specified in the
consent.
(4)
Where the applicant seeking renewal of a
licence or permission in respect of the trade or business licensed in the
premises mentioned in sub-section (3) is a person different from the original
licensee or not the legal heir of the original licensee the consent of the
owner shall be required.
(5)
Save as otherwise expressly provided by or
under this Act, for every such licence or permission, fees may be charged on
such units and at such rates as may be fixed by the Municipality with due
regard to the expenditure to be incurred for rendering service to the trade and
for regulation of the trade for which the licence or permission is granted.
(6)
The Municipality may-
(a)
place the collection of such fees under
management of such person as may appear to it proper; or
(b)
farm out such collection for any period not
exceeding three years at a time and on such terms and conditions as it may
think fit.
(7)
Every order of a Municipality refusing to
grant or suspending, revoking or modifying a licence or permission shall be
published on the notice board of the office of the Municipality.
(8)
Every order of a Municipality refusing to
grant, or suspending, cancelling or modifying a licence or permission shall be
in writing and shall state the grounds on which it proceeds.
(9)
Subject to the provisions in this Chapter
regarding buildings and private markets and subject to such sanction as may be
required for the refusal of a licence or permission, any licence or permission
granted under this Act or any rule or bye-law made thereunder, may, at any
time, be suspended or revoked by the Secretary if any of its restrictions,
limitations or conditions is evaded or infringed by the grantee, or if the
grantee is convicted of a breach of any of the provisions of this Act or of any
rule, bye-law or regulation made thereunder in any matter to which such licence
or permission relates, or if the grantee has obtained the same by
misrepresentation or fraud.
(10)
It shall be the duty of the Secretary to
inspect places in respect of which a licence or permission is required by or
under this Act, and he may enter any such place between sunrise and sunset and
also between sunset and sunrise if it is open to the public or any industry is
being carried on in it at the time and if he has reason to believe that
anything is being done in any place without a licence or permission where the
same is required by or under this Act, or otherwise than in conformity with the
same, he may, at any time, by day or night, without notice, enter such place
for the purpose of satisfying himself whether any provision of law, rule,
bye-law, regulations, any condition of a licence or permission or any lawful
directions, regulations, or prohibition is being contravened, and no claim
shall lie against any person for any damage or inconvenience caused by the
exercise of powers under this sub-section by the Secretary or any person to
whom he has lawfully delegated his power or by any force necessary for
effecting an entrance under this sub-section.
(11)
Where any licence or permission is suspended
or revoked or where the period for which it was granted or within which
application for renewal should be made, has expired, whichever expires later,
the grantee shall for all purposes of this Act or any rule or bye-law made
thereunder be deemed to be without a licence or permission until the order
suspending or revoking the licence or permission is cancelled or, subject to
sub-section (15) until the licence or permission is renewed, as the case may
be.
(12)
Every grantee of any licence or permission
shall, at all reasonable times, while such licence or permission remains in
force, produce the same when demanded by the Secretary.
(13)
Where any person is convicted of an offence
in respect of the failure to obtain a licence or permission or make a registration
required by the provisions of this Act or any rule or bye-law made thereunder,
the Magistrate shall, in addition to any fine which may be imposed, recover
summarily and pay over to the Municipality the amount of the fee chargeable for
the licence or permission or registration and, may in his discretion also
recover summarily and pay over to the Municipality such amount, if any, as he
may fix as the costs of the prosecution.
(14)
Recovery of the fee under sub-section (13)
shall not entitle the person convicted to a licence or permission or to
registration under this Act.
(15)
The acceptance by the Municipality of the
prepayment of the fee for a licence or permission or for registration shall not
entitle the person making such prepayment to the licence or permission or to
registration, as the case may be, but only to refund of the fee in case of
refusal of the licence or permission or of registration, but an applicant for
the renewal of a licence or permission or registration shall until
communication of orders on his application be entitled to act as if the licence
or permission or registration had been renewed, and save as otherwise specially
provided in this Act, if orders on an application for licence or permission or
for registration are not communicated to the applicant within thirty days after
the receipt of the application by the Secretary, the application shall be
deemed to have been allowed for the year or for such less period as is
mentioned in the application, and subject to the law, rules; bye-laws,
regulations and all conditions ordinarily imposed.
Section 493 - Compulsory registration of births and deaths
[ Every Municipality shall register all births and deaths
occurring in the Municipal area under the Registration of Births and Deaths
Act, 1969 (Central Act 18 of 1969) and the rules made thereunder and make the
registration compulsory.]
Section 494 - Obligation of medical practitioner or owner or occupier of house to report dangerous disease
(1)
Where any medical practitioner becomes
cognizant of the existence of any dangerous disease in any private or public
dwelling (not being a public hospital) in the municipal area, he shall inform
the Secretary with the least practicable delay.
(2)
The information shall be communicated in such
form and with such details as the Secretary may require. [x
x x]
(3)
The Secretary may direct the compulsory
communication of information by the owner or occupier of every house within the
municipal area during such period to such officer as the Secretary may specify
of all details from or occurrence of, dangerous diseases in his house.
Explanation.--In
this section, medical practitioner shall include a practitioner of ayurveda
medicine, sidha medicine, unani, tibbi medicine or homeopathic medicine.
Section 495 - Power of entry into suspected places
The
Secretary or the health officer may, at any time, by day or by night and
without notice, if it appears reasonable to him inspect any place in which any
dangerous disease is reported or suspected to exist and take such measures as
he may think fit to prevent the spread of such disease beyond such place.
Section 496 - Disinfection of buildings and articles
(1)
Where the Secretary or the health officer is
of opinion that the cleansing or disinfection of any premises or part thereof,
or of any article therein is likely to retain infection, will tend to prevent
or check the spread of any dangerous disease, he may, by notice require the
occupier to cleanse or disinfect the same in the manner and within the time as
may be specified in such notice.
(2)
Where the Secretary or the health officer
considers that immediate action is necessary, or that the occupier is, by
reason of poverty or otherwise, unable effectually to comply with his
requisition, the Secretary or the health officer may, without notice cause the
premises or the articles to be cleansed or disinfected and for this purpose may
cause such article to be removed from the premises, and the expenses incurred
by the Secretary or the health officer shall be recoverable from the said
occupier in cases in which he was in the opinion of the Secretary or health
officer not unable by reason of poverty to effectually comply with such
requisition.
Section 497 - Provision of places for disinfection and power to destroy infected articles
(1)
The Secretary shall from time to time notify
places at which conveyances, clothing, bedding or other articles which have
been exposed to infection from any dangerous disease shall be washed or
disinfected.
(2)
The Secretary may direct any clothing,
bedding or other articles likely to retain such infection to be disinfected or
destroyed and shall, on demand, give compensation for any article destroyed
under this sub-section.
(3)
No person shall wash such clothing or bedding
or other articles in any place other than those set apart for such purpose
under sub-section (1).
Section 498 - Prohibition of transfer of infected articles
No
person shall, without previously disinfecting it, give, lend, let, hire, sell,
transmit or otherwise dispose of any article which he knows or has reason to believe
has been exposed to infection from any dangerous disease:
Provided
that nothing in this section shall apply to a person who transmits with proper
precautions any article for the purpose of having it disinfected.
Section 499 - Power of Municipality to prohibit use of water likely to spread infection
Where
the health officer or local medical officer certifies that the water in any
well, tank or other places within a municipal area, if used for drinking is
likely to endanger or cause the spread of any dangerous disease, the
Municipality may, by public notice, prohibit the removal or use of such water
for drinking and domestic purposes during a specified period mentioned in the
notice.
Section 500 - Secretary may order removal of patients to hospital
Where
a hospital or other place for the reception of persons suffering from dangerous
diseases is provided by a Municipality, the Secretary may, on a certificate
signed by a qualified medical practitioner, arrange for, or direct the removal
to such hospital or place of any person suffering from a dangerous disease who
is, in the opinion of such practitioner, without proper lodging or
accommodation, or without, medical supervision for prevention of the spread of
the disease, or who is in a place occupied by more than one family.
Section 501 - Prohibition of infected person carrying on occupation
Where
any person knows or has been certified by the health officer, the local medical
officer, or a qualified medical practitioner that he is suffering from a
dangerous disease, he shall not engage in any occupation or carry on any trade
or business unless he can do so without risk of spreading the disease.
Section 502 - Prohibition of diseased person entering public conveyance
(1)
No person who is suffering from any dangerous
disease shall, without taking proper precautions against spreading such
disease, cause or suffer himself to be conveyed in a public conveyance.
(2)
No person who is suffering from any dangerous
disease shall enter a public conveyance without previously informing to the
owner or driver or person in charge of such conveyance that he is so suffering.
(3)
No owner, driver, or person in charge of a
public conveyance shall knowingly carry or permit to be carried in such
conveyance any person suffering from any dangerous disease in contravention of
sub-section (1).
(4)
No owner, driver or person in charge of a
public conveyance shall be bound to convey any person suffering from any
dangerous disease unless and until the said person pays or tenders a sum sufficient
to cover any loss and costs that may be incurred for disinfecting such
conveyance.
(5)
A court convicting any person for
contravening sub-section (1) or sub-section (2) may levy, in addition to the
penalty for the offence provided in this Act an additional fine of such amount
as the court may deem sufficient to cover the loss and costs which the owner or
driver incurred for the purpose of disinfecting the conveyance and the amount
of such additional fine imposed shall be awarded by the court to the owner or
driver of the conveyance:
Provided
that if such additional fine is imposed in a case which is subject to appeal,
the amount shall not be paid to the owner or driver before the period allowed
for presenting the appeal has elapsed, or if an appeal is presented, before
decision in the appeal.
(6)
At the time of awarding compensation in any
subsequent civil suit relating to the same matter, the court shall take into
account any sum which the plaintiff shall have received under this section.
Section 503 - Letting of infected buildings
No
person shall let or sub-let or for that purpose allow any person to enter a
building or any part thereof in which he knows or has reason to believe that a
person has been suffering from any dangerous disease until the health officer
has granted a certificate that such a building may be reoccupied.
Explanation.--For
the purpose of this section the keeper of a hotel or lodging house shall be
deemed to let the same or part of the same to any person accommodated therein.
Section 504 - Power to order closure of places of public entertainment
In the
event of the prevalence of any dangerous disease within a municipal area the
Municipality may, by notice, require the owner or occupier of any building,
booth or tent used for purposes of public entertainment to close the same for
such period as it may fix.
Section 505 - Minor suffering from dangerous disease not to attend school
No
person being the parent or having the care or charge of a minor who is or has
been suffering from a dangerous disease or has been exposed to infection
therefrom shall, after a notice from the health officer or the local medical
officer, that the minor is not to be sent to school or college, permit such
minor to attend school or college without having procured from the health
officer, the local medical officer or a qualified medical practitioner a
certificate that in his opinion such minor may attend without undue risk of
communicating such disease to others and no fee shall be charged by the health
officer or the local medical officer for the grant of such a certificate.
Section 506 - Definitions
In
this chapter, -
(a)
"recognised school" means a private
unaided school recognised by the Government under the provisions in the Kerala
Education Act, 1958 (6 of 1959) or the rules framed thereunder.
(b)
"tutorial institution" means an
unrecognised institution (by whatever name called) having not less than ten
students established or run by a person or persons for imparting education or
instruction or training to any person in any subject with a view to help him to
prepare or to appear for an examination in any branch of education conducted or
recognised by the Government or the Universities in the State or other State
Governments or Universities or the Central Government or any law for the time
being in force but does not include, a recognised school or college affiliated
to any University in the State.
Section 507 - Registration of Tutorial Institutions
(1)
On or after the commencement of this Act, no
tutorial institution shall be established within a Municipal area without prior
registration obtained from that Municipality:
Provided
that in the case of an existing tutorial institution in a Municipal area on the
date of this Act has come into force, if an application is filed under
sub-section (2) for registration within [the
period prescribed], it shall be deemed that such institution is registered
under this Act.
(2)
Every application filed for registration or
for renewal of registration of a tutorial institution shall contain such
details and shall be accompanied by such fees as prescribed.
Section 508 - Penalty for establishing or maintaining unregistered tutorial institutions
Any person who establishes or maintains a tutorial
institution, without registration, in contravention of the provisions of this
Act shall on conviction be punished with fine which may extend to one thousand
rupees.
Section 509 - Appeal and revision
[ (1) An appeal may be preferred to the Council against
any notice issued or any order passed or action taken by the Chairperson or the
Secretary under any of the provisions of this Act other than Sections 390,
391, 395, 406 and 408 or the rules or bye-laws or regulations made thereunder.
(2) An appeal
against any notice or order of the Secretary on the levy of tax, may be
preferred to the Standing Committee for Finance in the case of Town Panchayat
or Municipal Council and to the Standing Committee for appeals on taxation in the
case of Municipal Corporation.
(3) Pending decision on an appeal filed under
sub-section (1) the Chairperson may, if an application is made, stay the
operation of the notice, order or other proceedings on which the appeal is
based.
(4) Every case in
which an order has been passed under sub-section (3) shall be reported to the
Council at its next ordinary meeting or at its next meeting along with the
reasons in full for passing such order by the Chairperson and the Council shall
either ratify the said order with or without modification or revoke it failing
which it shall lapse.
(5) An appeal
under sub-section (1) or sub-section (2) shall be filed within thirty days from
the date of receipt of the order and dispose of the same by the Council or the
Standing Committee, as the case may be, in the manner as it deems fit, within
sixty days from the date of its receipt.
(6) Any person
may file an appeal against any notice issued or any order passed by the
Secretary under Sections 390, 391, 395, 406 and 408 to the Tribunal Constituted
for the Local Self Government Institutions under Section 271 S of the Kerala
Panchayat Raj Act, 1996 (13 of 1994), within thirty days from the date of
passing of such order.
(7) An appeal may
be preferred to the Tribunal, against any decision passed by the Council or any
order or notice issued by the Chairperson or Secretary on the basis of such
decision [on]
any matter provided in Sections 310 to 508 other than Sections 390, 391, 395,
406 and 408 or the rules, bye-laws or regulations made thereunder, within
thirty days from the date of passing of such decisions, order or notice.
(8) Any person
may prefer a revision petition to the tribunal within thirty days against the
decision in an appeal filed before the Council or Standing Committee, as the
case may be, under sub-section (1) or sub-section (2), or against any order or
notice issued by the Chairperson or Secretary on the basis of such decision.
(9) The Tribunal
shall, as soon as possible, pass appropriate order on an appeal or revision
petition filed before it and the order so passed shall be final.
(10) The Tribunal
may, during the pendency of an appeal or revision petition before it, direct
the Council or the Secretary to stay all further proceedings on the said subject,
if it deems necessary.
(11) No appeal or
revision shall be filed against the levy of tax, if he tax shown in the demand
notice has not been paid.
(12) Notwithstanding anything contained in this
section all appeals and revisions filed and pending before any authority before
the date of commencement of the Tribunal shall be handed over by such authority
to the Tribunal.]
Section 510 - Limitation of time for appeal
Where
in any case in which no time limit for presentation of an appeal has been provided
under this Act such appeal shall subject to the provisions of section 5 of the
Limitation Act, 1963 (Central Act 36 of 1963) be presented-
(a)
Where the appeal is against an order granting
a licence or permission, within thirty days after the date of the publication
of the order on the notice board of the office of the Municipality; and
(b)
in other cases, within thirty days after the
date of the receipt of the order or proceedings against which the appeal is
made.
Section 511 - General provisions regarding penalties specified in the Schedule
(1)
Whoever-
(a)
contravenes any provision of this Act or the
sections specified in column (1) of the Fourth Schedule; or
(b)
contravenes any order made under any section
specified in the said schedule; or rule thereunder;
(c)
fails to comply with any direction lawfully
given to him or any requisition lawfully made upon him under or in pursuance of
the provisions of any of the said sections or rules, shall, on conviction, be
punished with fine which may extend to the amount specified against each
item [in column (4) of the Fourth
Schedule]:
Provided
that in all cases falling under sub-section (1) the court shall, taking into
account the nature and circumstances of each case, order in addition to a
sentence of fine, compliance with the direction or requisition made or issued
under this Act or the rules made thereunder within such time as may be
specified in such order.
(2)
Whoever, after having been convicted of-
(a)
contravening any provision of this Act or the
sections specified in column (1) of the Fourth Schedule; or
(b)
contravening any order under any section
specified in the said Schedule or rule thereunder; or
(c)
failing to comply with any direction lawfully
given to him or any requisition lawfully made upon him under or in pursuance of
any of the said sections or rule, continues to contravene the provisions of the
said sections, rules or orders or to neglect to comply with the said direction
or requisition, as the case may be, shall on conviction, be punished for each
day during which the offence, continues, with fine which may extend to the
amount specified against each item in column (4) of the Fifth Schedule:
Provided
that in all cases falling under sub-section (2), the Court shall, in addition
to a sentence of fine, order simple imprisonment of the offender or defaulter
till the order of direction is, or caused to be, complied with.
Explanation.--The
entries in column (3) of the Fourth Schedule and the Fifth Schedule headed
subjects are not intended as definitions of the offences described in the
sections, subsections, or clauses, mentioned in columns (1) and (2) or even as
abstracts of these sections, sub-sections, or clauses, but are inserted merely
as reference to the subject of the sections, sub-sections or clauses, as the case
may be.
Section 512 - Penalty for acting as Councillor, Chairperson or Deputy Chairperson when disqualified
(1)
Whoever acts as a Councillor of a
Municipality knowing that under this Act or the Rules made thereunder he is not
entitled or has ceased to be entitled to hold such office shall, on conviction,
be punished with fine not exceeding [ten
thousand rupees] for such offence.
(2)
Whoever acts as, or exercise the functions of
the Chairperson or Deputy Chairperson of a Municipality knowing that under this
Act or the rules made thereunder he is not entitled or has ceased to be
entitled to hold such office or to exercise such functions shall, on
conviction, be punished with fine not exceeding [fifteen
thousand rupees] for such offence.
(3)
Where the Chairperson or Deputy Chairperson
of a Municipality refuses to hand over charge of his office "or any
documents of or any moneys or other properties vested in, or belonging to the
Municipality which are in or has come into his possession or control, to his
successor in office or other prescribed authority as soon as his term of office
as Chairperson or Deputy Chairperson expires and in the case of the Deputy
Chairperson also on demand by the Chairperson, such Chairperson or Deputy
Chairperson shall, on conviction be punished with fine not exceeding [ten
thousand rupees] for such offence.
Section 513 - Penalty for acquisition by officer of Municipality of interest in contract or work
Where
any officer or servant of a Municipality knowingly acquires directly or
indirectly by himself or by a partner or employer or servant, any personal
share or interest in any contract or employment with, by or on behalf of the
Municipality he shall be deemed to have committed an offence under section 168
of the Indian Penal Code, 1860 (Central Act 45 of 1860):
Provided
that no person shall, by reason-of being a shareholder in or member of any
company, be held to be interested in any contract entered into between such
company and the Municipality unless he is a director of such company:
Provided
further that nothing in this section shall apply to a teacher, employed by a
Municipality who, with the sanction of the Government enters into a contract
with the Municipality with regard to the utilisation, for the purpose of a
school, of any land or building owned by him or in which he has a share or
interest.
Section 514 - Penalty for omission to take out licence for animals
(1)
Every owner or person in charge of any animal
liable to tax under section 260, who omits to obtain a licence, shall, on
conviction be punished with fine not exceeding fifty rupees and shall also pay
the amount of the tax payable by him in respect of such animal.
(2)
On payment of such fine and tax and of such
costs as may be awarded, such owner or person shall, receive a licence for the
animal in respect of which he has been fined and for the period during which he
has been found to be in default.
(3)
The provisions of this section shall apply to
any person who having compounded for the payment of certain sum under section
263 fails to pay such sum, and the amount due for a licence shall, in such
case, be taken as the amount so compounded for.
Section 515 - Penalty for unlawful building
[(1) Where the construction or reconstruction of any
building or digging of any well-
(a)
is commenced without the permission of the
Secretary; or
(b)
is carried on or completed otherwise than in
accordance with the particulars on which such permission was based; or
(c)
is carried on or completed in contravention
of any lawful order or in breach of any provision contained in this Act or in
any rule or bye-law made thereunder or of any direction or requisition lawfully
given or made; or
(d)
about which any, alteration or addition
required by any notice issued under section 395 or section 405 is not duly
made; or
(e)
about which any person to whom a direction if
any, given by the Secretary under section 406 fails to obey such direction, the owner of the building or the well or such person, as
the case may be, shall be liable, on conviction to a fine which may extend, in
the case of a building, to [ten
thousand rupees] and in the case of a well or hut to [one
thousand rupees] and to a further fine which may extend, in the case of a
building, to [one
thousand rupees] and in the case of a well or hut to [two
hundred and fifty rupees] for each day during which the offence continued.
[Provided that the unlawful construction, reconstruction
or digging of well carried out by a person may be regularised under sub-section
(1) of Section 406 and he shall not be punished if so regularised by the
Secretary.];
[(2) Where any building constructed in violation of any
stipulation as to the Standards or conditions mentioned in the provisions of
this Act or the rules made thereunder or any lawful directions issued, poses
threat to public safety danger to human life, the owner or builder of such
building shall, on conviction, be punishable with imprisonment for a term which
may extend up to one year]
[(3) In the case of issue of self-certification by the
empanelled licensee for the construction or reconstruction of low risk
buildings, if the Registering Authority finds that the empanelled licensee
issued the self-certification to such building in violation of the provisions
of this Act or the rules made thereunder or any lawful directions issued, or
provisions of any Act for the time being in force, or concealing any fact, such
registering authority may debar the empanelled licensee from practising in the
State for a period of not less than five years, and after issuing a show cause
notice to such licensee, a fine as provided in sub-section (4) may be realised
from such licensee.
(4) Where a building is constructed or
reconstructed in violation of the provisions specified in the
self-certification, an amount of rupees two lakh each for building with
built-up area upto one hundred square meters, four lakh rupees each for
building with built-up area upto two hundred square meters, six lakhs rupees
each for building with built-up area upto three hundred square meters, shall be
realised as fine from such owner and empanelled licensee who have issued such
self-certification after giving a show cause notice and considering the reply,
if any, furnished by such owner or licensee.
(5) A person who is aggrieved by the actions taken
or the orders issued by the Registering Authority, may file an appeal before
the Government against such order or action within thirty days from the date of
receipt of the order under sub-section (3).].
Section 516 - Wrongful restraint of Secretary and his delegates
Every
person who prevents the Secretary or any person to whom the Secretary has
delegated his powers, for entering on any land or building, from exercising his
power of entering there shall be deemed to have committed an offence under
Section 341 of the Indian Penal Code, 1860 (Central Act 45 of 1860).
Section 517 - Penalty for not giving information or giving false information
Where
any person who is required by the provisions of this Act or the rules made
thereunder or by any notice or other proceedings issued under this Act to
furnish any information-
(f)
omits to furnish it; or
(g)
knowingly or negligently furnishes false
information, such person shall be liable to a fine not, exceeding [five
hundred rupees].
Section 517A - Definitions
[ For the purpose of this Chapter,--
(a)
"Information" means any material or
information contained in a document relating to the administrative, developmental
or regulatory functions of a Municipality and includes any document or record
relating to the affairs of the Municipality;
(b)
"right to information" means the
right of access to information and includes the right for taking extracts or
obtaining certified copy of any document;
(c)
"notified document" means any
document of the Municipality notified by the Government under sub-section (2)
of section 517B.
Section 517B - Right to information
(1)
Every Person bonafide requiring any
information shall have the right to Such information from the Municipality in
accordance with the procedure prescribed.
(2)
Notwithstanding anything contained in
sub-section (1), the Government may, in the interest of general and local
administration, by notification in the Gazette declare any document containing
special categories of information as notified document and no person shall have
the right to know the information contained in such document" and the
Municipality may reject any application for such information.
(3)
The Government may, by general or special
order direct the Municipality to publish the categories of information
specified in the Order for the general information of the residents of that
Municipal area.
Section 517C - Procedure for furnishing information
(1)
A person requiring any information from a
Municipality shall make an application in that behalf to the Secretary of that
Municipality in such form and manner and on payment of such fees, as may be
prescribed and the Secretary or the officer authorised by the council shall
furnish the information to the applicant within such period as may be
prescribed unless the application is rejected or otherwise disposed of within
that period.
(2)
If any application for information is
rejected, the reasons for such rejection shall be given in writing.
Section 517D - Penalty for withholding information
(1)
The Secretary or any officer of the
Municipality responsible for furnishing any information under this Chapter
shall be personally liable for furnishing the same within the prescribed
period, unless such information is in respect of a notified document.
(2)
Where such information is not furnished
within the time prescribed, the officer responsible for non-supply of the
information shall be punishable with a fine of rupees fifty for each day of
such delay after the last day for furnishing the information and the fine so
realised shall be credited to the fund of the Municipality.
(3)
If the Secretary or any other officer of the
Municipality responsible for furnishing the information, under this Chapter
fails to furnish such information or furnishes false information on its
material particulars which he knows to be false or not true or sufficient
reason to believe it to be false, he shall be punishable with a fine which
shall hot be less than rupees one thousand.
Section 517E - Protection of action taken in good faith
Notwithstanding
anything contained in section 517D, the Secretary or the officer responsible
for furnishing the information after conducting though search for a document,
finds that the document concerned is not available or not traceable by reason
of the expiry of the period for preservation of the document or for any other
valid reason and that the information cannot, therefore, be made available, he
shall inform the applicant accordingly; within the time prescribed and dispose
of the application and on it no action shall lie against the Secretary or the
officer.]
Section 518 - Power of persons conducting enquiries
Every
inspecting or superintending officer holding any enquiry into matters falling
within the scope of their duties shall have, for the purposes of such enquiry,
the same powers in regard to the issue of summonses for the attendance of
witnesses and the production of documents as are conferred upon the revenue officers
by the Kerala Enquiries and Summonses Act, 1960 (4 of 1960) and the provisions
of that Act shall apply to summonses issued and to persons summoned by virtue
of the powers conferred by this section.
Section 519 - Summons to attend and give evidence or produce documents
The
Secretary may summon any person to attend before him and to give evidence or
produce documents as the case may be, in respect of any question relating to
taxation or inspection or registration or to the grant of any licence or
permission under the provisions of this Act.
Section 520 - Form of notices and permissions
All
notices and permission given, issued or granted, as the case may be, under the
provisions of this Act shall be in writing.
Section 521 - Signature on documents
(1)
Every licence, permission, notice, bill,
schedule, summons or other document which is required by his Act or any rule,
bye-law or regulation made thereunder to bear the signature of the Chairperson
or the Secretary or of any officer of the Municipality shall be deemed to be
properly signed if it bears a fascimile of the signature of the Chairperson or
the Secretary or of such officer, as the case may be stamped thereon.
(2)
Nothing in sub-section (1) shall be deemed to
apply to a cheque drawn upon the municipal fund or to any deed of contract
entered into by the Municipality.
Section 522 - Publication of notification
Save
as otherwise provided, every notification under this Act shall be published in
the Gazette:
Provided
that the Government shall have power to direct that any such notification
shall, instead of being published in the Gazette, be published in any other
manner specified by them.
Section 523 - Publication of bye.-laws, notices, orders, etc
[(1) Every bye-law, order, notice or other document
directed to be published under this Act shall, unless a different method be
specified by this Act or by the Municipality, be written in or translated into
the language of the locality and deposited at the office of the Municipality
and a copy shall be pasted up in a conspicuous position at such office and such
other places as the Council may direct and a publicity that such copy has been
so pasted up and that the original is open to inspection at the office of the
Municipality shall be made in the municipal area in such manner as the Council
may direct.
[(2) Every bye-law, order, notice or other document
referred to under sub-section (1) shall after its publication, be reported to
each Ward Committee or Ward Sabha, as the case may be, in its next meeting by
the Convenor.]
Section 524 - Notice of prohibition or setting apart of places
Where
the Municipality has set apart any place for any purpose authorised by this Act
or has prohibited the doing of anything in any place, the Secretary shall,
forthwith, cause to be put up a notice in English and in the language of the
locality at or near such place and such notice shall specify the purpose for
which such place has been set apart or the act prohibited in such place.
Section 525 - Method of serving documents
(1)
Where any notice or other document is
required by this Act or any rule, bye-law, regulation or order made thereunder
to be served on, or sent to, any person, the service or sending thereof may be
effected-
(a)
by giving or tendering the said document to
such person; or
(b)
if such person is not found, by leaving such
document at his last known place of abode or business or by giving or tendering
the same to some adult member or servant of his family; or
(c)
if such person's address elsewhere is known
to the Secretary, by sending the same to him by registered post; or
(d)
if none of the means aforesaid be available,
by affixing the same in some conspicuous part of such last known place of abode
or business.
(2)
Where the person is an owner or occupier of
any building or land, it shall not be necessary to name the owner or occupier
in the document, and in the case of joint owners and occupiers it shall be
sufficient to serve it on or send it to, one of such owners or occupiers.
(3)
Where in any bill, notice, form, or other
document served or sent under this Act, a period is fixed within which any tax
or other sum is to be paid or any work to be executed, or anything to be
provided, such period shall, in the absence of any provision to the contrary,
be calculated from the date of such service or sending.
Section 526 - Recovery by occupier of sum leviable from owner
Where
the occupier of any building or land makes on behalf of the owner thereof any
payment for which, under this Act, the owner but not the occupier is liable,
such occupier shall be entitled to recover the same from the owner or may
deduct the same from the rent then or thereafter due by him to the owner.
Section 527 - Obstruction of owner by occupier
(1)
Where the occupier of any building or land
prevents the owner from carrying out any work in accordance with the provisions
of this Act, the Secretary may, by order, require the said occupier to permit
the owner, within eight days from the date of service of such order, to execute
all such works as may be necessary.
(2)
Such owner shall, for the period during which
he is prevented as aforesaid, be exempt from any fine or penalty to which he
would otherwise have become liable by reason of default in executing such
works.
Section 528 - Execution of work by occupier in default of owner
Where
the owner of any building or land fails to execute any work which he is
required to execute under the provisions of this Act or of any rule, bye-law,
regulation or order made thereunder, the occupier of such building or land may,
with the approval of the Secretary, execute the said work, and shall be
entitled to recover from the owner the reasonable expenses incurred in the
execution thereof or may deduct the amount thereof from the rent then or
thereafter due by him to the owner.
Section 529 - Power of entry to inspect, survey or execute work
The
Secretary or any person authorised by him in this behalf may enter on any
building or land, with or without assistants or workmen, to make any inquiry,
inspection, test, examination, survey, measurement or valuation or for the
purpose of lawfully placing or removing pipes or metres or to execute any other
work authorised under this Act or any rule, bye-law, regulation or order made
thereunder or which it is necessary for any of the purposes of this Act or in
pursuance of any of the said provisions, to make or execute:
Provided
that-
(a)
except as otherwise expressly provided under
this Act, no such entry shall be made between sunset and sunrise, no dwelling
house and no part of a public building used as a dwelling place shall be so
entered without the consent of the occupier thereof, unless the said occupier
has received at least six hours previous notice of the intention to make such
entry;
(b)
sufficient notice shall be given in every
case even when any premises may otherwise be entered without notice, to enable
inmates of any apartment set apart for women to move to some part of the
premises where their privacy may be preserved; and
(c)
due regard shall be given, so far as may be
compatible with the exigencies of the purpose of the entry, to the social and
religious usage of the occupants of the premises.
Section 530 - Power of entry on lands adjacent to works
(1)
The Secretary or any person authorised by him
in this behalf may, with or without assistants or workmen, enter on any land
adjoining or within fifty metres of any work authorised by this Act or by any
rule, bye-law, regulation or order made thereunder, for the purpose of
depositing on such land any soil, gravel, stone or other materials or of
obtaining access to such work or for any other purpose connected with the
carrying on the work.
(2)
The Secretary or the person authorised by him
shall before entering on any land under sub-section (1) give the owner or
occupier of such land three days previous notice of the intention to make such
entry and state the purpose thereof, and shall, if so required by the owner or
occupier, fence off so much of the land as may be required for such purpose.
(3)
As soon as may be after the completion of the
work, any material deposited on any land under sub-section (1) and remaining
after the completion shall be removed and the land restored to the original
condition.
(4)
The Secretary shall not be bound to make,
tender or deposit any payment before entering on any land under sub-section (1)
but as little damage as may be shall be done, and the Secretary shall pay
compensation to the owner or occupier of the land for such entry and for any
temporary or permanent damage that may result therefrom.
(5)
Where such owner or occupier is dissatisfied
with the amount of compensation paid to him by the Secretary, he may appeal to
the Council.
Section 530A - Power to call for information from Village Officers
[ (1) The Secretary may, with the approval of the
Chairperson, by an Order in writing require the concerned Village officer of
the Municipal area to furnish him with such categories of information as may be
prescribed, in respect of a Village or any part thereof or any person or
property therein and every such order shall be complied with by the Village
Officer.
(2) Where the
Village Officer fails to comply with an order issued under sub-section (1) the
Secretary may report the matter to the District Collector and the District
Collector shall initiate, disciplinary action against the Village Officer and
make arrangements' for furnishing the information required by the Secretary.]
Section 531 - Act of Council, etc., not to be invalid
No Act
or proceedings of the Council of a Municipality or a Standing Committee or any
other Committee thereof shall be invalid merely by reason of any-
(i)
defect in its constitution;
(ii)
vacancy therein; or
(iii)
irregularity or illegality in the election of
a person to, or disqualification of a person to hold or continue in, any of the
offices of a Council or a Committee.
Section 532 - Consequences of failure to obtain licences, etc., or of breach of the same
(1)
Where, under this Act or any rule, bye-law or
regulation made thereunder, the licence or permission of the Municipality or
the Secretary of registration with the Municipality is necessary for the doing
of any act and where such act is done without such licence or permission or
registration or in a manner inconsistent with the terms of any such licence or
permission-
(a)
the Secretary may, by notice, require the
person doing such act to alter, remove, or as far as practicable, restore, to
its original state the whole or any part of any property, movable or immovable,
public or private affected thereby within a time to be specified in the notice;
or
(b)
the Secretary or any officer duly authorised
by him may enter any building or land where such act is done and take all such
steps as may be necessary to prevent the continuance of such act.
(2)
Where the notice under sub-section (1) is not
complied with, the Secretary may seize the unlicensed article or articles kept
in unlicensed premises and all the articles seized shall be disposed of in the
manner provided for the disposal of articles seized under section 474:
Provided
that where the articles are released, an undertaking shall be obtained from the
person obtaining the release that he shall comply with the provisions relating
to licence, permission or registration under this Act or any rule, bye-law or
regulation made thereunder or the terms of the licence, permission or
registration as the case may be.
(3)
Where no penalty has been specifically
provided in this Act for the doing of such act, the person so doing shall be
liable, on conviction, to a fine not exceeding [five
hundred rupees] for such offence.
(4)
No claim shall lie against the Secretary or
any other person authorised by him for any damage or inconvenience caused by
the exercise of the power under this section or by use of force necessary for
the purpose of carrying out the provisions of this section.
(5)
Notwithstanding anything contained in
sub-section (1) or sub-section (2), the Secretary or any officer authorised by
him in writing in this behalf may, if satisfied that immediate action is
necessary, [cause
it to be closed] any trade, business or premises which is held or kept open, in
respect of which a licence, permission or registration has to be obtained under
the provisions of this Act or any other Act from the Municipality, but has not
been so obtained or the licence, permission or registration has been refused,
withheld, revoked or suspended.
Section 533 - Time for complying with order and power to enforce in case of default
(1)
Where by any notice, requisition or order
under this Act, or any rule, bye-law or regulation made thereunder, any person
is required to execute any work or to take any measures or do anything, a
reasonable time shall be specified in such notice, requisition or order within
which the work shall be executed, the measures taken or the thing done.
(2)
Where such notice, requisition or order is
not complied with, within the time so specified, the Secretary may cause such
work to be executed or may take any measures or do anything which may, in his
opinion, is necessary for giving due effect to such notice, requisition or
order.
(3)
Where no penalty has been specifically
provided, in this Act for failure to comply with such notice, requisition or
order, such person shall, on conviction, be liable to a fine not
exceeding [five
hundred rupees] for such offence.
Section 534 - Recovery of expenses from persons liable and limitation of liability of occupier
(1)
The Secretary may, recover any reasonable
expenses incurred under section 533 from the persons or anyone of such persons
to whom a notice, requisition or order was addressed, and may, in executing the
work or taking the measures or doing the acts under the said section utilise,
any materials found on the property concerned or may sell them and apply the
sale proceeds in or towards the payment of the expenses incurred.
(2)
Where the person to whom a notice is given is
the owner of the property in respect of which it is given, the Secretary may
(whether any action or other proceeding has been brought or taken against such
owner or not) require the person, if any, who occupies such property, or any
part thereof under the owner, to pay to the Municipality instead of to the
owner, the rent payable by him in respect of such property, as it falls due
upto the amount recoverable from the owner under sub-section (1) or to such
smaller amount as the Secretary may think proper, and any amount so paid shall
be deducted from the amount payable by the owner.
(3)
For the purpose of deciding whether action
should be taken under sub-section (2), the Secretary may require any occupier
of property, to furnish information as to the sum paid by him as rent on
account of such property and as to the name and address of the person to whom
it is payable and such occupier shall be bound to furnish such information.
(4)
The provisions of sub-section (2) shall not
affect any contract between the owner and the occupier respecting the payment
of any such expenses.
Section 535 - Relief to agents, trustees, etc
(1)
Where any person by reason of his receiving
the rent of immovable property as agent, trustee, guardian, manager or receiver
or of his being agent, trustee, guardian, manager or receiver for the person
who would receive the rent if the property were let to a tenant would under
this Act, be bound to discharge any obligation imposed by this Act or rule,
bye-law, regulation or order made thereunder on the owner of the property and
for the discharge of which money is required, he shall not be bound to
discharge the obligation unless he has, or but for his own improper act or
default, might have had in his hands, funds belonging to the owner sufficient
for the purpose.
(2)
The burden of proving the facts entitling a
person to relief under this section shall lie on such person.
(3)
Where any person has claimed and established
his right to relief under sub-section (1) the Secretary may give him notice to
apply the money first received by him on behalf of or for the use of the owner to discharge such obligation and
if he fails to comply with such notice, he shall be deemed to be personally
liable to discharge such obligation.
Section 536 - Power of Secretary to agree to receive payment of expenses in instalments
Instead
of recovering expenses in the manner provided under section 538, the Secretary
may, if he thinks fit, take an agreement from the person liable for the payment
thereof, to pay the same in instalments of such amounts and at such intervals
as will secure the payment of the whole amount due, with interest thereon at
the rate of [twelve
percentage] per annum within a period of not more than five years.
Section 537 - Power of Municipality to pay compensation
In any
case, not otherwise expressly provided for in this Act the Secretary may, with
the approval of the Council, pay compensation to any person who sustains damage
by reason of the exercise by any municipal authority, officer or employee of
any of the powers vested in them by this Act or any other law, or by any rule,
bye-law or regulation made thereunder.
[Provided that no person shall be eligible for
compensation under this section if he contravenes any of the provisions of this
Act, rules, bye-laws or regulations and sustains damage thereby.]
Section 538 - Recovery of sums due as taxes
(1)
All costs, damages, penalties, compensation,
charges, fees (other than school fees), expenses, rents, contributions and
other sums which under this Act or any other law or rules or bye-laws made
thereunder or under any contract made in accordance with the provisions of this
Act, the rules or bye-laws thereunder are due by any person to the Municipality
may, in the absence of any specific provisions in this Act for their recovery,
be demanded by bill as provided in the rules and be recovered in the manner
provided therein.
(2)
Notwithstanding anything contained in this
Act, any sum found legally due by any person to the Municipality under the
provisions of this Act, the rules or bye-laws made thereunder, if not paid on
the due date shall [x
x x] be recovered together with [penalty
at the rate of one per cent per mensum] from the date from which it was due:
Provided
that any sum due and payable in a half-year is paid in the same half-year no
interest shall be realised.
Section 538A - Manner of recovery of sums due to Municipality
[ All sums due by any person to the Municipality or to be
recovered by the Municipality and allied charges or the expenses incurred,
under the development scheme, shall be recovered as if arrears of revenue due
on land, under the provisions of the Kerala Revenue Recovery Act, 1968 (15 of
1968), for the time being in force, without prejudice to any other manner of
recovery.] damages which is not disputed or damages which have
already been quantified in an appropriate manner by an independent authority.
Where the damages are disputed the same has to be determined by adjudication by
an independent authority and not by one of the parties to the contract itself.
-Ammini Amma v. Vaikom Municipality - 1988 (1) KLT 384.
Section 539 - Limitation for recovery of dues
(1)
No distraint shall be made, no suit shall be
instituted and no prosecution shall be commenced in respect of any sum due to a
Municipality under this Act after the expiration of a period of three years
from the date on which distraint might first have been made, suit might first
have been instituted, or prosecution might first have been commenced, as the
case may be, in respect of such sum:
Provided
that in the case of assessments made under section 282 the said period of three
years shall be computed from the date on which distraint might have been made,
suit instituted, or prosecution commenced, after the assessment under the said
section shall have been made.
(2)
Where any amount due to the Municipality has
been barred by limitation under subsection (1) due to the default of not taking
steps at the appropriate time, and it is found in a lawful enquiry that it was
lost due to the default of any officer or officers, the amount so lost to the
Municipality shall be realised with twelve per cent interest thereon from such
officer or officers.
Section 540 - Procedure in dealing with surplus sale proceeds
Where
any property movable or immovable, is sold under the provisions of this Act and
where there is a surplus after the sum due to the Municipality and the costs
have been deducted from the sale proceeds, such surplus shall, if the owner of
the property sold claims it within three years from the date of the sale, be
paid to him by the Secretary, but if no such claim is preferred within such
time, the said surplus shall be credited to the municipal fund and no suit
shall lie for the recovery of any sum so credited.
Section 541 - Persons empowered to prosecute
No
person shall be tried for any offence against the provisions of this Act or if
any rule, bye-law or regulation made thereunder, unless a complaint is made by
the police, or Secretary or by a person authorised in this behalf by the
Council or the Secretary [within
twelve months] of the commission of the offence. But nothing herein shall
affect the provisions of the Code of Criminal Procedure, 1973 (Central Act 2 of
1974) in regard to the power of certain Magistrates to take cognizance of
offences upon information received or upon their own knowledge or suspicion:
Provided
that failure to take out a licence, obtain permission or secure registration
under this Act shall, for the purpose of this section, be deemed a continuing
offence until the expiration of the period, if any, for which the licence,
permission or registration is required and, if no period is specified,
complaint may be made at any time [within
eighteen months] from the commencement of the offence.
Section 542 - Imprisonment in default of payment and application of fines
(1)
Where any fine or costs imposed or assessed
by a Magistrate under this Act or any rule or bye-law made thereunder has not
been paid, the Magistrate may, subject to the provisions of section 64 to 70
(both inclusive) of the Indian Penal Code, 1860 (Central Act 45 of 1860) order
the offender to be imprisoned in default of such payment.
(2)
Any fine or costs imposed or assessed by a
Magistrate under sub-section (1) shall be recoverable by such Magistrate under
the Code of Criminal Procedure, 1973 (Central Act 2 of 1974) as if it were a
fine imposed by him and the same shall on recovery be paid to the Municipality.
Section 543 - Payment of compensation for damage to Municipal property
(1)
Where on account of any act or omission, any
person has been convicted of an offence against the provisions of this Act or
any rule or bye-law made thereunder and by reason of such act or omission,
damage has been caused to any property owned by or vesting in the Municipality,
the said person shall pay compensation for such damage, notwithstanding any
punishment to which he may have been sentenced for the said offence.
(2)
Where there is dispute in respect of the
amount of compensation payable by the person under sub-section (1), the same
shall, on an application made for the purpose, by the Secretary, not later than
three months from the date of conviction, be determined by the court by which
he was convicted of the said offence, and in default of payment of the amount
of compensation so determined, the same shall be recovered under a warrant
issued from the said court as if it were a fine imposed by that court on the
person liable therefor.
Section 544 - Institution of suits against municipal authorities, officers and other employees
(1)
No suit shall be instituted against a
Municipality or any Municipal authority or any officer or other employee of a
Municipality or against any person acting under the order or direction of a
Municipal Authority or any officer or employee of a Municipality in respect of
any act done or purported to have been done, in pursuance of this Act or any
rule, regulation or bye-law made thereunder until the expiration of two months
after notice in writing to the Municipality and, in the case of such officer,
employee or person, unless notice in writing has also been delivered to him in
person or at his office or place of residence, and unless such notice states
explicitly the cause of action, the nature of the relief sought, the amount of
compensation, claimed and the name and place of residence of the intending
plaintiff, and unless the plaint contains a statement that such notice has been
so delivered.
(2)
Nothing in sub-section (1) shall be deemed to
apply to a suit in which the only relief claimed is an injunction which object
would be defeated by the giving of the notice or the postponement of the
institution of the suit.
(3)
Every such suit shall be instituted within
six months after the date on which the cause of action arose or in cases of
continuing injury or damage, during such continuance or within six months after
the causing thereof.
(4)
Where any person to whom any notice is given
under sub-section (1), tenders amends to the plaintiff before the suit is
instituted, and if the plaintiff does not recover in any such action more than
the amount so tendered he shall not recover any costs incurred after such
tender by the person to whom such notice has been given and the defendant shall
be entitled to costs as from the date of tender.
(5)
Where the defendant in any such suit is the
Chairperson, the Secretary, an officer or other employee of a Municipality,
payment of the sum, or any part thereof, payable by him in or in consequence of
the suit, whether in respect of costs, charges, expenses, compensation for
damages or otherwise, may be made with the sanction of the Council, from the
municipal fund.
Section 545 - Provision respecting institution, etc., of civil and criminal actions and obtaining of legal advice
The
Secretary may-
(a)
institute, or withdraw from proceeding
against any person who commits-
(i)
any offence against the provisions of this
Act, or the rules, bye-laws or regulation made thereunder;
(ii)
any offence which affects or is likely to
affect any property or interest of the Municipality, or the due administration
of this Act;
(iii)
any nuisance whatsoever;
(b)
compound any offence against the provisions
of this Act or the rules, bye-laws or regulations made thereunder which are
declared compoundable by or under this Act;
(c)
with the approval of the Council-
(i)
institute, withdraw from or compromise
proceedings for the recovery of expenses or compensation claimed to be due to
the Municipality;
(ii)
withdraw or compromise any claim against any
person in respect of a penalty payable under a contract entered into with such
person by the Secretary;
(iii)
defend any suit or other legal proceeding
brought against the Municipality or against any municipal authority or officer
or employee of the Municipality in respect of anything done or omitted to be
done in official capacity;
(iv)
compromise any claim, suit or legal
proceedings brought against the Municipality or against any municipal
authority, officer or employee of the Municipality in respect of anything done
or omitted to be done in official capacity;
(v)
institute any suit or withdraw from or
compromise any suit or claim, which has been instituted in the name of the
Municipality or of the Secretary;
(d)
obtain such legal advice and assistance as he
may, from time to time, think necessary or expedient to obtain, or as he may be
desired by the Council to obtain, for any of the purposes mentioned in the
foregoing clauses of this section or for securing the lawful exercise or
discharge of any power or duty vesting in or imposed upon any municipal
authority or officer or employee of the Municipality.
Section 546 - Indemnity to the Government, Municipal authorities, officers and agents
No
suit shall be maintainable against the Government, any officer of the
Government or any Chairperson, Secretary, officer or employee or any person
acting under the direction of any Chairperson or Secretary, officer or employee
of a Municipality in respect of anything in good faith done under this Act or
any rule, bye-law, regulation or order made under it.
Section 547 - Liability of Chairperson, Secretary and Councillors for loss, waste or misapplication
(1)
Notwithstanding anything contained in section
67, the Chairperson, every Councillor and the Secretary shall be liable for the
loss, waste or misapplication of any money or other property owned by or vested
in a Municipality if such loss, waste or misapplication is a direct consequence
of their neglect or misconduct and a suit for compensation may be instituted
against them by the Municipality or by any tax-payer of the Municipal area
(2)
Every such suit shall be instituted within
three years after the date on which the cause of action arose.
Section 548 - Sanction for prosecution of Chairperson, Secretary or Councillor
Where
the Chairperson, any Councillor or the Secretary of a Municipality is accused
of any offence alleged to have been committed by him while acting or purporting
to act in the discharge of his official duty, no court shall take cognizance of
such offence except with the previous sanction of the Government.
Section 549 - Assessment etc., not to be impeached
(1)
No assessment or demand made and no charge
imposed under this Act shall be impeached or affected by reason of any clerical
error or any mistake in respect of the name, residence, place of business or
occupation of any person or in the description of any property or thing, or in
respect of the amount assessed, demanded or charged, provided the provision of
this Act have been substantially complied with and no proceedings under this
Act shall, merely for defect in form, be quashed or set aside by any court.
(2)
No suit shall be instituted in any court to
recover any sum of money collected under this Act or to recover damages on
account of any assessment, or collection of money so made, provided the
provisions of this Act have been substantially complied with.
(3)
No distraint or sale under this Act shall be
deemed unlawful, nor shall any person making the same be deemed as trespasser,
on account of any error, defect or want or form in the bill, notice, schedule,
form summons, notice of demand, warrant of distraint, inventory or other
proceedings relating thereto if the provisions of this Act, the rules and
bye-laws have been substantially complied with:
Provided
that a person aggrieved by any irregularity shall be entitled to claim
compensation for damage sustained by him.
Section 550 - Duties of police officer
(1)
It shall be the duty of every police officer-
(a)
to communicate without delay to the proper
officer of a Municipality any information which he receives of the design to
commit or of the commission of any offence under this Act or any rule, bye-law
or regulation made thereunder; and
(b)
to assist the Chairperson, the Secretary or
any Officer or employee of a Municipality demanding his aid for the exercise of
any power vested in them under this Act in or any rule, bye-law or regulation
made thereunder.
(2)
Any Police Officer who omits or refuses to
perform any duty imposed on him by this Act shall be deemed to have committed
an offence under clause (d) of section 41 of the Kerala Police Act, 1960 (5 of
1960).
Section 551 - Power of police officer to arrest persons
(1)
Where any police officer sees any person
committing an offence against any of the provisions of this Act or of any rule
or bye-law made thereunder he shall, if the name and address of such person are
unknown to him and if the said person, on demand, declines to give his name and
address or gives a name and address, which such officer has reason to believe
to be false, arrest such person.
(2)
No person arrested under sub-section (1)
shall be detained in custody-
(a)
after his true name and address are
ascertained, or
(b)
without the order of a Magistrate, for any
longer time, not exceeding twenty four hours from the hour of arrest, than is
necessary for producing him before a Magistrate.
Section 552 - Exercise of powers of police officers, by employees of Municipality
The
Government may, by order, empower any employee or any class of employees of a
Municipality to exercise the powers of a police officer for the purposes of
this Act.
Section 553 - Application of term Public Servant to officers and employees of Municipality, agents and sub agents
Every
officer or employee of a Municipality, every contractor or agent for the
collection of any municipal tax, fee or other sum due to the Municipality and
every person employed by any such contractor or agent for the collection of
such tax, fee or sum shall be deemed to be a public servant within the meaning
of section 21 of the Indian Penal Code, 1860 (Central Act 45 of 1860).
Section 554 - Prohibition of obstruction of municipal authorities, employees and contractors
No
person shall obstruct or molest the Council, the Chairperson, any Councillor,
the Secretary or any person employed by the Municipality or any person with
whom a contract has been entered into on behalf of the Municipality in the
performance of their duty or of anything which they are empowered or required
to do, under this Act or of any rule, bye-law, regulation or order made
thereunder.
Section 555 - Prohibition of removal of mark
No
person shall remove any mark set up for the purpose of indicating any level or
direction incidental to the execution of any work authorised by this Act or any
rule, bye-law or order made thereunder.
Section 556 - Prohibition against removal or obliteration of notice
[ No person shall, without authority in that behalf,
remove, destroy, deface or otherwise obliterate a notice exhibited in a public
place, worksite or any other place under the authority of the Municipality.]
Section 557 - Prohibition of unauthorised dealings with public place or materials
No
person shall, without authority in that behalf, remove earth, sand or other
material from or deposit any matter in or make any encroachment on any land
vested in the Municipality, or river, estuary, canal, backwater or water course
(not being private property) or in any way obstruct the same.
Section 558 - Recovery of administration cost for making frivolous complaint etc
Where,
upon such enquiry or otherwise, the Secretary is satisfied that any complaint
filed against any person acting under this Act is frivolous or vexatious or
unfounded or without bona fides the Secretary may direct the person making the
complaint to pay the reasonable cost incurred by the Municipality in pursuing
action on the complaint and such cost shall be recoverable from such person as
if it were an arrear of property tax under this Act:
Provided
that before issuing a direction to pay the cost, the person concerned shall be
given an opportunity of showing cause against the proposed action.
Section 559 - Offences by companies
(1)
Where the person committing any offence under
this Act is a company, the company as well as every person who is in charge of
and responsible to the company for the conduct of its business at the time of
the commission of the offence shall be deemed to be guilty of the offence and
shall be liable to be proceeded against and punished accordingly:
Provided
that nothing contained in this sub-section shall render any such person liable
to any punishment, if he proves that the offence was committed without his
knowledge, or that he exercised all due diligence to prevent the commission of
such offence.
(2)
Notwithstanding anything contained in
sub-section (1), where any offence under this Act has been committed by a
company, and it is proved that the offence has been committed with the consent
or connivance of, or that the commission of the offence is attributable to any
neglect on the part of any Director, Manager, Secretary or other officer of the
company, such Director, Manager, Secretary or other officer shall be deemed to
be guilty of that offence and shall be liable to be proceeded against and
punished accordingly.
Explanation,--For
the purpose of this section-
(a)
'Company' means any body corporate and
includes a firm or other organisation or association of persons or a
Co-operative Society;
(b)
Director in relation to a firm, means a
partner in the firm.
Section 560 - Special provisions in the case of newly constituted Municipality
[(1) Notwithstanding anything contained in this Act where
a Municipality is constituted for the first time under section 4, the
Government, shall appoint a Special Officer or an Administrative Committee
consisting of not less than three members who are officers of Government in
addition to the Secretary to exercise the powers, perform the functions and
discharge the duties of the Chairperson, Standing Committees and Council of the
Municipality.]
(2) The State
Election Commission shall cause arrangements for election to be made so that
newly elected Chairperson and Councillors may assume office within six months
from the date on which the notification under sub-section (3) of section 4
constituting the specified area to be a Municipality takes effect.
[(3) Where a Special Officer is appointed under
sub-section (i), the powers, functions and duties of the concerned Municipality
and of its Chairperson the. Deputy Chairperson, and the Standing Committees
shall be exercised and performed by the Special Officer and where an
Administrative Committee is appointed, the powers functions and duties of the
Municipality shall be exercised and performed by such committee and those of
the Chairperson and Deputy Chairperson shall be exercised and performed by the
members of the Committee as authorised by the Government in the notification
issued under sub-section (1):
Provided
that the Special Officer or Administrative Committee so appointed shall
exercise the powers and perform the functions subject to the general or special
direction issued by Government.]
Section 561 - Adjudication of disputes between local authorities
(1)
Where a dispute exists between any
Municipality and any Panchayat or between or among Municipalities in regard to
any matter arising under the provisions of this or any other Act and the
Government are of opinion that they are unable to settle it amicably among
themselves, the Government may take cognizance of the dispute, and-
(a)
decide it themselves; or
[(b) refer it to the Tribunal constituted under Section
271 of the Kerala Panchayat Raj Act, 1994 (13 of 1994] or to the Joint
Committee constituted under Section 37, for enquiry and report;]
(2)
The report referred to in clause (b) of
sub-section (1) shall be submitted to the Government who shall decide the
dispute in such manner as they deem fit and such decision shall be binding on
the parties to dispute.
Section 562 - Reference to Chairman in other enactments and notifications, etc., issued thereunder
(1)
Any reference to the Chairman contained in
any enactment in force in the State or in any notification, order, scheme, rule
from or bye-law made under such enactment and in force in the State shall be
construed as a reference to the Chairperson under this Act and where such
reference relates to the executive functions of the Chairman, be construed as a
reference to the Secretary.
(2)
Where any question arises as to whether any
such reference relates to the executive functions of the Chairman or not, the
decision of the Government shall be final.
Section 563 - Jurisdiction of Civil Courts barred
No
civil Court shall have jurisdiction to entertain any suit, application or
petition challenging the legality or propriety of any action taken by or under the authority of the Secretary under any provisions
comprised in Chapters XVII, XVIII and XIX or the rules and regulations, if any,
made thereunder.
Section 563A - Citizens charter to be published
[ (1) Every Municipality shall in the manner prescribed,
formulate and publish in the name of "citizens" charter" in
respect of the categories of services made available by the Municipality to the
citizens, its conditions and the time limit within which it is made available;
(2) The
"Citizens' Charter" shall be renewed and updated periodically at
least once in a year.]
Section 564 - Power to remove difficulties
(1)
If any difficulty arises in giving effect to
the provisions of this Act the Government may, be order, as occasion requires,
do anything not inconsistent with the provisions of this Act which appears them
to be necessary for the purpose of removing the difficulty.
(2)
No order under sub-section (1) shall be made
after the expiry of two years from the date of commencement of this Act.
(3)
Every order made under sub-section (1) shall
be laid before the Legislative Assembly within fourteen days after it is made
if it is in session or at the commencement of the next session of the
Legislative Assembly if it is not in session.
Section 565 - Power of Government to make rules
(1)
The Government may, by notification in the
Gazette, make rules, either prospectively or retrospectively, to carry out all
or any of the purposes of this Act.
(2)
In particutar and without prejudice to the
generality of the foregoing power, such rules may provide for-
(a)
all matters not expressly provided for in
this Act, relating to the election of Chairperson, Deputy Chairperson or
Councillors including election petitions and deposits to be made by candidates
standing for election and the conditions under which such deposit may be
forfeited;
[(aa) the manner of giving and recording of votes by
using voting machine and the procedures in conducting polling in polling
stations or places where such machines are used.]
(b)
conditions on which property may be acquired
by the Municipality or on which property vested in or belonging to the
Municipality may be transferred by sale, mortgage, lease, exchange or
otherwise;
(c)
the working of provident funds;
[(d) financial assistance paid from the Municipal fund;]
(e) the
preparation of plans and estimates for works which are to be partly or wholly
constructed at the expense of the Municipality and the power of the municipal
authorities or Government officers to accord professional or administrative
sanction to estimates;
(f) the accounts
to be kept by the Municipality, the manner in which such accounts shall be
audited and published and the conditions under which the rate payers may appear
before auditors, inspect registers and vouchers and take exception to items or
omitted therein;
(g) the estimate
of receipts and expenditure, returns, statements and reports to be submitted by
Municipalities;
[(h) the manner in which the advice of the officers of
the Government, other officers or experts shall be sought by the Municipality
for the purposes of this Act;]
(i) the
interpellation of the Chairperson by the Councillors;
(j) the
moving of resolutions at the meeting of the Council;
(k) regulating the sharing between local
authorities of the proceeds of the profession tax, tax on animals, vessels and
vehicles and other taxes or income levied or obtained under this or any other
enactment;
(l) the form of
registers and returns of births and deaths, the manner in which the registers
shall be maintained, the dates on which returns shall be filed and the officer
before whom returns shall be submitted;
(m) the transfer of allotments entered in the
sanctioned budget of a Municipality from one head to another;
(n) the powers of
auditors inspecting and superintending officers and officers authorised to hold
inquires to summon and examine witnesses and to compel the production of
documents and all other matters connected, with audit, inspection and
superintendence;
(o) determining the cost of buildings and lands;
(p) registration
of marriages at the instance of the parties concerned containing such
particulars as may be prescribed and issuance of certificates thereof on
application after realising the prescribed fees for such certificates;
(q) [x
x x]
(r) registration
of residents associations of housing colonies, area development societies of
the urban poor, arts-sports and games and cultural organisations in the
municipality.
[(s) preparation of development plans for the municipal
area, its approval and implementation;
(t) functions of Ward Committees and Ward Sabhas;
and
(u) right to
information of the people on matters of municipal administration and duties.]
(3)
Rules relating to election, if any, shall be made
in consultation with the State Election Commission.
(4)
In making the rules, the Government may
provide that a breach thereof shall be punishable with fine which may extend
to [five hundred rupees].
(5)
Every rule made under this Act shall be laid,
as soon as may be after it is made, before the Legislative Assembly, while it
is in session for a total period of fourteen days which may be comprised in one
session or in two successive sessions, and if, before the expiry of the session
in which it is so laid or the session immediately following, the Legislative
Assembly makes any modification in the rule or decides that the rule should not
be made, the rule shall, thereafter, have effect only in such modified form or
be of no effect, as the case may be; so, however, that any such modification or
annulment shall be without prejudice to the validity of anything previously
done under that rule.
Section 566 - Power of Government to amend the Schedules
(1)
The Government may, by notification in the
Gazette, make additions to the entries in a Schedule to this Act.
(2)
No Schedule to this Act or any entry in such
Schedule shall be omitted except by the authority of a law made by the State
Legislature.
Section 567 - Power of Council to make bye-laws
The
Council may make bye-laws not inconsistent with the provisions of this Act and
the rules made thereunder or any other law, to provide for-
(1)
the due performance by all officers and
employees of the Municipalities of the duties assigned to them;
(2)
the time and mode of collecting taxes and
duties under this Act;
(3)
determining the conditions under which lands
shall be deemed to be appurtenant to buildings;
(4)
the regulation of public bathing, washing and
the like;
(5)
the maintenance and protection of the water
supply and drainage system entrusted to a Municipality;
(6)
the maintenance and protection of the
lighting system;
(7)
the cleansing of latrine, earth closets,
ash-pits and cess pools and the keeping of latrines supplied with sufficient water
for flushing;
(8)
the laying out of streets, and determining
the information and plans to be submitted with applications for permission to
lay out streets; and regulating the level and the width of public streets and
the height of buildings abutting thereon;
(9)
the regulation of the use of public streets,
and the closing thereof or parts thereof;
(10)
the protection of avenues, trees, grass and
other appurtenances of public streets and other places;
(11)
for the regulation of use of parks, gardens
and other public places;
(12)
the regulation of building and licensing of
builders and surveyors;
(13)
regulation of hotels, lodging houses,
boarding houses, choultries, rest houses, restaurants, eating houses, cafes,
refreshment rooms, coffee houses, and any premises to which the public are
admitted for repose or for consumption of food or drink;
(14)
regulating the mode of constructing stables,
cattle sheds and cow houses and connecting them with municipal drains;
(15)
the sanitary control and supervision of
places used for any purposes specified in the sixth schedule, the seventh
schedule and the eighth schedule and of any trade or manufacture carried on
therein;
(16)
the control and supervision of the methods of
slaughtering, slaughter houses and of places used for skinning and cutting up carcasses;
(17)
the control and supervision of butchers
carrying on business in the municipal area;
(18)
the inspection of milch cattle and the
regulation of the ventilation, lighting, cleaning, drainage and water supply of
dairies and cattle sheds in the occupation of persons following the trade of
dairyman or milk seller;
(19)
enforcing the cleanliness of milk shops and
vessels and utensil used by the keepers thereof or by hawkers for containing or
measuring milk or preparing any milk product and for enforcing the cleanliness
of persons employed in the milk trade;
(20)
requiring notice to be given where any milch
animal is affected with any contageous disease and prescribing the precautions
to be taken in order to protect milch cattle and milk against infection and
contamination;
(21)
for the inspection of public and private
markets and shops and other places therein and the regulation of their use and
control of their sanitary condition;
(22)
licensing and controlling brokers, commission
agents, weighmen and measures practising their calling in markets;
(23)
prescribing the method of sale of articles
whether by measure, weight, tale or piece;
(24)
the prevention of the sale or exposure for
sale of unwholesome meat, fish or provisions and securing the efficient
inspection and sanitary regulation of shops in which articles intended for
human food are kept or sold;
(25)
the regulation of burial and burning grounds
and other place for the disposal of corpses, the levy of fees for the use of
such burial and burning grounds and crematoria as are maintained by the
Municipality, the verification of deaths and the causes of death, the period
for which corpses must be kept for inspection and for the period within which
corpses must be conveyed to a burial or burning ground and the mode of
conveyance of corpses through public places;
(26)
the registration of births, deaths and
marriages;
(27)
the training and licensing of dhais and
midwives;
(28)
the enumeration of the inhabitants of the
Municipalities;
(29)
the prevention of dangerous diseases of men
or animals;
(30)
the enforcement of compulsory vaccination;
(31)
the prevention of outbreaks of fire,
(32)
the prohibition and regulation of
advertisements in public streets or parks;
(33)
securing cleanliness, safety and order and
the good governance and well-being of the inhabitants of the Municipality and
for carrying out all the purposes of this Act; and
(34)
all matters in respect of which bye-laws are
to be; or may be, made.
Section 568 - Power to give retrospective effect to certain bye-laws
The
Council may, with the previous sanction of the Government, and subject to the
provisions hereinafter contained in this Chapter make bye-laws with
retrospective effect.
Section 569 - Power of the Council to make regulations
The
Council may make regulations not inconsistent with the provisions of this Act
and the rules made thereunder on any matter and in respect of which regulations
are to be, or may be, made under this Act.
Section 570 - Penalty for breach of bye-laws and regulations
In
making a bye-law or a regulation, the Council may provide that a breach thereof
shall be punishable-
(a)
with fine which may extend to five hundred
rupees and in the case of a continuing breach with fine which may extend to
fifty rupees for every day during which the breach continues after conviction
for the first breach; or
(b)
with fine which may extend to fifty rupees
for every day during which the breach continues after receipt of notice from
the Secretary to discontinue such breach.
Section 571 - Previous publication of bye-laws or regulations
Every
Council shall, before making or altering any bye-law or regulation, publish a
draft of the proposed bye-laws or regulation together with a notice specifying
a date on or after which such draft will be taken into consideration, and
shall, before making or altering the bye-laws or the regulations, receive and
consider any objection or suggestion which may be made in respect of such draft
by any person interested therein before the date so specified.
Section 572 - Confirmation of bye-Saws or regulations
(1)
No bye-law or regulation or any cancellation
or alteration thereof shall have effect until the same is approved and
confirmed by the Government.
(2)
A bye-law or regulation or cancellation or
alteration thereof approved and confirmed under sub-section (1) shall be
published in the Gazette and shall come into operation on the date of such
publications unless a different date is provided therein.
Section 573 - Cancellation of Bye-laws or Regulations
[ The Government, may for the reasons to be specified in
the order in this behalf, cancel any Bye-law or Regulation and thereafter such
Bye-law or Regulation shall be of no effect:
Provided
that before cancelling any Bye-law or Regulation under this section, the
Council concerned shall be given an opportunity to express its opinion in respect
of the cancellation.]
Section 574 - Copies of Act, rules, bye-laws and regulations to be sold at the office of the Municipality
Copies,
in English and in the language of the locality, of this Act and the rules,
bye-laws and regulations made thereunder shall be kept at the office of the
Municipality for sate.
Section 575 - Repeal and saving
(1)
With effect on and from the commencement of
this Act the Kerala Municipalities Act, 1960 (14 of 1961), the Kerala Municipal
Corporations Act, 1961 (30 of 1961), the Guruvayur Township Act, 1961 (43 of
1961), the Kerala Municipalities Ordinance, 1994 (2 of 1994) and the provisions
of the Kerala Local Authorities (Constitution and Preparation of Electoral
Rolls) Act, 1994 (4 of 1994), in so far as they relate to Municipalities, shall
stand repealed.
(2)
Notwithstanding such repeal-
(i)
the committees in office at the commencement
of this Act appointed by the Government to exercise the powers perform the
functions of the municipal Councils; the Chairman of the Standing Committees
under the Kerala Municipalities Act 1960 (14 of 1960) and the Collectors
appointed by the Government to exercise the powers and perform the functions of
the Councils, the Mayors and the Standing Committees under the Municipal
Corporation Act, 1961 (30 of 1961) in office at such commencement and the
Guruvayoor Township Committee constituted under the Guruvayoor Township Act,
1961 (43 of 1961) shall continue, as if it were the Municipal Councils or
Corporation Councils or Township Committees constituted, respectively, under
the said enactments, till corresponding Municipalities are constituted under
this Act; or they are dissolved by the Government, whichever occurs earlier;
(ii)
any appointment, rules, including rules in
the Schedules to the repealed Acts, bye-laws, regulations or forms made,
notifications, notice, order, scheme or direction issued, tax fee or fine or
other penalty, imposed, licence, permission or exemption granted under the
repealed enactments and in force at such commencement shall, in so far as they
are not
inconsistent
with the provisions of this Act, continue to be in force as if made, issued,
imposed or granted as the case may be by the corresponding Municipalities under
the provisions of this Act until superseded, amended or modified by any
appointment, rules, bye-laws or regulations, notifications, notice, order,
scheme, direction, tax, fee, fine or other penalty, licence, permission or
exemption, made, issued, imposed or granted as the case may be under this Act;
(iii)
all properties whether movable or immovable,
and all interests of whatever nature therein belonging as the case may be, to
the Municipal Councils, Councils or a Township Committee at such commencement
shall subject to all limitations conditions and rights or interest of whatever
nature therein, belonging as the case may be, to the before such commencement,
be deemed to have been transferred to and vested in the corresponding
Municipalities constituted under this Act and in the case of such transfer to,
and vesting in, more than one Municipality, to such extent as the Government
may determine;
(iv)
all rights, liabilities and obligations of
the Municipal Councils, Councils and the Township Committee at such
commencement shall be deemed to be the rights, the liabilities and the
obligations of the corresponding Municipalities constituted under this Act;
(v)
in all suits and legal proceedings pending at
such commencement in which the Municipal Councils, the Council or the Township
Committee is a party, the corresponding Municipalities constituted under this
Act shall be deemed to have been substituted therefore;
(vi)
all contracts entered into and all
instruments executed by or on behalf of the Municipal Councils, Councils or the
Township Committee at such commencement shall be deemed to have been entered
into or executed by or on behalf of the corresponding Municipalities constituted
under this Act;
(vii)
any tax, cess, fee, fine, surcharge or any
other amount due to the Municipal Councils, the Councils or the Township
Committee at such commencement shall, without prejudice to any action already
taken under the repealed enactments, be recoverable by the corresponding
Municipalities constituted under this Act in accordance with the provisions
therein as if they were amounts due under the provisions of this Act;
(viii)
the Municipal fund of the Municipal Councils
and the Councils and the fund of the Township Committee, if any, at such
commencement shall stand transferred to and vested in, the Municipal fund of
the corresponding Municipalities constituted under this Act and in the case of
such transfer to, and vesting in, more than one Municipality, in such
proportion as the Government may determine;
(ix)
all proceedings pending before the Municipal
Councils, Councils or the Township Committee at such commencement shall be
deemed to be proceedings pending before the corresponding Municipalities
constituted under this Act and such Municipalities may, without prejudice to
any action already taken under the repealed enactment continue such proceedings
and dispose of the same in accordance with the provisions of this Act;
(x)
budget estimates prepared or estimates,
assessments, valuation or measurements, if any, made or authenticated by the
Municipal Councils, the Councils and the Township Committee at such
commencement shall be deemed to be prepared, made or authenticated by the
corresponding Municipalities constituted under this Act;
(xi)
the officers and other employees in the
service of the Municipal Councils, the Councils and the Township Committee in
office at such commencement shall be deemed to have been transferred to the
services of the corresponding Municipalities constituted under this Act;
(xii)
[x x x]
(xiii)
anything done or any action taken under the
Kerala Local Authorities (Constitution and Preparation of Electoral Rolls) Act,
1994 (4 of 1994), in respect of any matter under this Act shall, on such
commencement be deemed to have been done or taken under the relevant provisions
of this Act.
(xiv) where a Municipal Council is constituted under the Kerala
Local Authorities (Constitution and Preparation of Electoral Rolls) Act, 1994
(4 of 1994) for the territorial area comprising the existing Municipal area,
the Special Officer, administrative committee or its Chairman appointed for the
existing Municipal Council shall be deemed to have been appointed under this
Act and such special officer, administrative committee or its Chairman may
continue until their existing term of office expires or is terminated or till
the Councillors of such Municipal Council elected under this Act assume office,
whichever occurs earlier;
(xv)
anything done or any action taken under the
Kerala Municipalities Ordinance, 1994 (4 of 1994) shall be deemed to have been
done or taken under this Act.
(3)
For the removal of doubts, it is hereby
clarified that the expression corresponding Municipalities in this section
shall mean the Municipalities constituted under this Act in or inclusive of,
the local area of the Municipal Councils, Councils or the Township Committee
constituted under the repealed enactments.
Schedule - FIRST SCHEDULE
[FIRST SCHEDULE
[See Section 30(A)]
FUNCTIONS OF THE MUNICIPALITY
A. Mandatory
Functions
1.
Regulating building construction.
2.
Protection of public land from encroachment.
3.
Conservation of traditional drinking water
sources.
4.
Preservation of ponds and other water tanks.
5.
Maintenance of waterways and canals under the
control of the Municipality.
6.
Collection and disposal of solid waste and
regulation of disposal of liquid waste.
7.
Stream water drainage.
8.
Maintenance of environmental hygiene.
9.
Management of public markets.
10.
Vector control.
11.
Regulation of slaughtering of animals and
sale of meat, fish and other easily perishable food stuffs etc.
12.
Control of eating houses.
13.
Prevention of food adulteration.
14.
Maintenance of roads and other public
properties.
15.
Street lighting and its maintenance.
16.
Adopt immunisation measures.
17.
Effective implementation of National arid
State level strategies and programmes for prevention and control of diseases.
18.
Establishment and maintenance of burial and
burning grounds.
19.
Issue of licences to dangerous and offensive
trades and industries.
20.
Registration of births and deaths.
21.
Providing bathing and washing ghats.
22.
Arranging ferries.
23.
Providing parking spaces for vehicles.
24.
Construction of waiting sheds for travellers.
25.
Providing toilet facilities and bathing ghats
at public places.
26.
Regulating the conduct of fairs and
festivals.
27.
Issue licence to domestic dogs and destroy
stray dogs.
28.
Providing basic facilities in slum areas.
29.
Amenities including foot path and road
crossing facilities for pedestrians.
30.
Preparation of detailed town planning and
Action plan for implementation in a phased manner.
B.
General functions
1.
Collection and updating of essential
statistics.
2.
Organising voluntary workers and make them
participate in collective activities.
3.
Organise campaign for thrift.
4.
Awareness building against social evils like
drinking, consumption of narcotics, dowry and abuse of women and children.
5.
Ensuring maximum people's participation in
all stages of development.
6.
Organise relief activities during natural
calamities.
7.
Inculcating environmental awareness and motivating
local action for its upgradation.
8.
Development of Co-operative Sector.
9.
Promoting communal harmony.
10.
Mobilising local resources in cash or in kind
including free surrender of Land for developmental purposes.
11.
Propagating legal awareness among the weaker
sections.
12.
Campaign against economic offences.
13.
Organising neighbourhood groups and self-help
groups with focus on the poor.
14.
Awareness building on civil duties.
C.
Sector-wise distribution of functions
I.
Agriculture
1.
Bring into cultivation barren land and
surrounding land.
2.
Ensure optimum utilisation of land.
3.
Soil conservation.
4.
Production of organic manure.
5.
Establishment of nurseries.
6.
Promotion of co-operative-group farming.
7.
Organising self-help groups among farmers.
8.
Promotion of horticulture and vegetable
cultivation.
9.
Implementation of fodder crop development.
10.
Encourage plant protection activities.
11.
Development of seed production.
12.
Implementation of farm mechanisation.
13.
Running of Krishi Bhavans.
14.
Organise Agricultural exhibitions.
II. Animal
Husbandry and Dairy Farming
1.
Implementation of cattle improvement
programmes.
2.
Increase the production of milk.
3.
Poultry farming, bee keeping, piggery
development, goat rearing and rabbit rearing.
4.
Running of veterinary hospitals.
5.
Running of I.C.D.P. sub-centres.
6.
Formulation and implementation of
preventive-health programme for animals.
7.
Prevention of cruelty to animals.
8.
Implementation of fertility improvement
programmes.
9.
Control of animal origin disease.
10.
Running of veterinary poly-clinics and
Regional Artificial Insemination Centres.
11.
Providing of speciality services in animal
husbandry.
12.
Conduct cattle-poultry shows.
III.
Minor Irrigation:
1.
Implementation and maintenance of all minor
and lift irrigation projects within the Municipal areas.
2.
Implementation and Maintenance of all
micro-irrigation projects.
3.
Carry out conservation of water
4.
Implementation of ground water resources
development.
IV.
Fisheries:
1.
Implementation of Pisi-culture in ponds,
fresh water and brackish in water, and development of marine products.
2.
Promotion of fish-seed production and
distribution.
3.
Distribution of fishing implements.
4.
Providing assistance for fish marketing.
5.
Providing of minimum basic services for
fishermen families.
6.
Implementation of fishermen welfare scheme.
7.
Development of traditional landing centres.
8.
Administrative control of fisheries schools.
V.
Social Forestry:
1.
Growing of trees for fodder or fuel and
growing of fruit trees.
2.
Organise campaign for planting of trees and
environmental awareness.
3.
Afforestation of waste land.
VI.
Small Scale Industries:
1.
Promotion of cottage-village industries.
2.
Promotion of handicrafts.
3.
Promotion of traditional and mini industries.
4.
Establishment of Mini Industrial Estates.
5.
Encourage the industries with investment of
one-third of S.S.I. limit.
6.
Formulate and implement self employment
schemes in Industrial Sector.
7.
Promotion of small scale Industries.
8.
Implementation of the entrepreneur
development programmes.
VII.
Housing:
1.
Identify the homeless and purampoke dwellers
and to provide house sites and houses.
2.
Implementing housing programmes.
3.
Implementing the shelter rejuvenation
programmes.
4.
Popularising the low-cost housing.
5.
Encourage housing co-operative societies.
6.
Implement the development of housing complex
and infrastructure.
7.
Mobilise fund necessary for housing.
VIII.
Water Supply:
1.
Maintain water supply schemes within the
respective Municipal area.
2.
Arrange water supply schemes within the
respective Municipalities.
IX.
Electricity and Energy:
1.
Install streetlights.
2.
Encourage the consumption of bio-gas.
3.
Promote the non-conventional energy sources.
X.
Education:
1.
Run the Government pre-primary schools,
primary schools and High schools.
2.
Implement literary programmes
3.
Run the Government Industrial Training
Centres in the Municipal area.
4.
Run the Government Higher Secondary Schools
in the Municipal area.
5.
Run the Government Technical Schools in the
Municipal area.
6.
Run the Government Vocational Training
Centres and Polytechnics in the Municipal area.
7.
Run the Government Vocational Higher
Secondary Schools in Municipal area.
[8. ???(I)]
XI.
Public Works:
1.
Construct and maintain the roads except
National Highways, State Highways and major District roads within the
Municipality.
2.
Construction of building for institutions
including those were transferred from Government.
XII.
Public Health and Sanitation:
1.
Run Dispensaries, Primary Health Centres and
sub centres under all systems of medicines.
2.
Conduct child welfare centres and mother care
homes.
3.
Organise remedial and other preventive
measures against disease.
4.
Implement family welfare programmes.
5.
Implement sanitation programmes.
6.
Run Public Health Centres and Taluk hospitals
under all system of medicine, in Municipal area.
XIII.
Social Welfare:
1.
Run Anganvadis.
2.
Sanction and distribute pension to
destitutes, widows, handicapped and agricultural labourers.
3.
Sanction and distribute unemployment wages.
4.
Sanction financial assistance for the
marriage of the daughters of widows.
5.
Implement Group Insurance Scheme to the poor
sectors.
6.
Provide grant to orphanages.
7.
Start institutions for the welfare of
handicapped, destitutes etc.
XIV.
Eradication of poverty:
1.
Identify the poor.
2.
Implement self employment and group
employment schemes for the poor, especially for women.
3.
Create community assets to get continuing
benefit to the poor.
4.
Develop the skills of those below poverty
line to do self-employment and for remunerative employment.
5.
Provide basic facilities for self employment
schemes.
XV.
Development of the Scheduled Caste/Scheduled Tribe:
1.
Implementation of beneficiary oriented
schemes under Special Component Plan (SCP) and Tribal Sub Plan (TSP).
2.
Run Nursery schools for the Scheduled
Caste/Scheduled Tribe.
3.
Provide basic facilities in the residential
centres for the Scheduled Caste/Scheduled Tribe.
4.
Provide financial assistance for the
Scheduled Caste/Scheduled Tribe Students.
5.
Provide assistance discreationally to the
Scheduled Caste and the Scheduled Tribes who deserve.
6.
Run Pre-metric hostels in Municipal area.
7.
Develop Scheduled Caste/Scheduled Tribe
Co-operative Societies.
8.
Run post-metric hostels in Municipal area.
9.
Run Vocational Training Centres for the
Scheduled Caste/Scheduled Tribe in Municipal area.
XVI.
Sports and Cultural Affairs:
1.
Construct playgrounds and studios
XVII.
Public Distribution system:
1.
Examine Complaints against Public
distribution system and to find out and implement remedial measures.
2.
Organise campaigns against offences relating
to weights and measures.
3.
General Supervision of Ration shops, Maveli
Stores, Neethi Stores and other public distribution systems and to provide
guidance, and start new public distribution centres if necessary.
XVIII.
Natural Calamity relief:
1.
Maintain relief centres.
2.
Organise relief activities.
[3.]
XIX.
Co-operation:
1.
Organise Co-operative Societies within the
Municipal area.
2.
Distribute Government grants and subsidies.]
Schedule - SECOND SCHEDULE
SECOND SCHEDULE
[See section 85(f)]
FORM OF OATH OR AFFIRMATION
I,
..........................................a candidate for election as a member
in Ward No...........
of
the.....................Municipality do swear in the name of God/solemnly
affirm that I [will
bear true faith and allegiance and maintain sovereignty and integrity of India]
to the Constitution of India as by law established, and that if elected I will
duly and faithfully to the best of my ability, knowledge and judgment perform
the duties of my office without fear or favour or affection or ill will.
Schedule - THE THIRD SCHEDULE
THE THIRD SCHEDULE
[See section 143 (1)]
FORM OF OATH OR AFFIRMATION
I,
..............................................................having been
elected Councillor/Mayor/Deputy Mayor/Chairman/Vice Chairman
of..........Municipal Corporation/...............Municipal
Council/....................Town Panchayat do swear in the name of God/solemnly
affirm that I [will
bear true faith and allegiance and maintain sovereignty arid integrity of
India] to the Constitution of India as by law established and I will duly and
faithfully and to the best of my ability, knowledge and judgment perform the
duties of my office without fear or favour or affection or ill will.
Schedule - FOURTH SCHEDULE
[FOURTH SCHEDULE
[See Section 275(2) and Section 511]
PENALTIES
|
Section
|
Sub-section
|
Subject
|
fine which may
be imposed
|
|
(1)
|
(2)
|
(3)
|
(4)
|
|
39
|
(1)
|
Councillor,
having interest in voting or taking part in discussion
|
Rupees five thousand.
|
|
156
|
(2)
|
Make default in
furnishing list of Officers and staff for election purpose
|
Rupees five
thousand.
|
|
157
|
(D
|
Breach of
official duty in connection with election
|
Rupees five
thousand.
|
|
158
|
(4)
|
Failure to make
available premises and vehicles for election purposes
|
Rupees five
thousand.
|
|
240
|
(1)
|
Failure to give
notice of transfer of title or to produce documents
|
Rupees five
hundred.
|
|
241
|
(1)
|
Failure to give
notice to Secretary after completion of construction/reconstruction of
building
|
Rupees five
hundred.
|
|
244
|
(1)
|
Failure of owner
or occupier to file return of rent, etc.
|
Rupees one
thousand.
|
|
249
|
|
Failure of owner
or occupier to comply with the requisition to furnish list of persons
carrying on profession, art etc.
|
Rupees five
thousand.
|
|
250
|
|
Default of the
employer or head of an
office, firm or
company to comply with requisition
to furnish list
of persons under his employment
|
Rupees five
thousand.
|
|
252
|
|
Failure to
recover professional tax by employer etc.
|
Rupees five
thousand.
|
|
253
|
(2)
|
Failure to
furnish list of employees etc
|
Rupees five
thousand.
|
|
256
|
|
Failure to pay
professional tax by self drawing officers
|
Rupees five
hundred.
|
|
264
|
(2)
|
Failure to
comply with requisition to furnish statement of vessels and animals liable to
taxation or furnishing false statements
|
Rupees two
hundred and fifty.
|
|
275
|
(2)
|
Exhibiting any
advertisements without permission
|
Rupees five
thousand.
|
|
318
|
|
Making
connection with mains with out permission
|
Rupees five
thousand.
|
|
322
|
|
Failure to
comply with requisition to provide latrine or to remove latrine to another
site and failure to keep latrine clean and in proper order
|
Rupees five
hundred.
|
|
323
|
|
Failure to
provide latrines in premises used by large number of people or to keep them
clean and in proper order
|
Rupees two
thousand and five hundred.
|
|
324
|
|
Failure to
comply with requisition to provide latrines for markets, cattleshed or cart
stand or to keep them clean and in proper order
|
Rupees two
thousand and five hundred.
|
|
325
|
|
Failure to construct
latrine so as to screen persons using the same from view
|
Rupees two
hundred and fifty.
|
|
335
|
|
Improper
disposal of carcasses rubbish and filth
|
Rupees five
hundred
|
|
336
|
|
Allowing
rubbish, filth etc. to accumulate on premises for more than twenty, four
hours
|
Rupees one
thousand.
|
|
337
|
|
Allowing filth
to outflow along streets
|
Rupees two
thousand and five hundred.
|
|
338
|
|
Unlawful
disposal of skin, carcasses etc.
|
Rupees five
thousand.
|
|
339
|
|
Using cart
without cover for removal of filth etc.
|
Rupees two
hundred and fifty.
|
|
340
|
|
Throwing rubbish
or filth or debris in public places
|
Rupees two
thousand.
|
|
341
|
|
Committing
nuisance in public streets etc.
|
Rupees five
hundred.
|
|
351
|
|
Construction of
building within the regular street alignment
|
Rupees twenty-five
thousand.
|
|
352
|
(1)
|
Failure to
comply with orders as to set back of buildings
|
Rupees twenty
thousand.
|
|
357
|
|
Unlawful
displacement etc. of pavement, fences posts and other materials in any public
street
|
Rupees five
thousand.
|
|
359
|
|
Failure to
provide roads etc, on buildings, sites, prior to disposal
|
Rupees two
thousand.
|
|
360
|
(5)
|
Unlawful making
or laying out of new private street
|
Rupees five
thousand.
|
|
362
|
|
Failure to
comply with the requisition for metaling etc, in private street
|
Rupees one
thousand.
|
|
364
|
|
Constructing
wall, erecting fence etc. in Public street
|
Rupees ten
thousand.
|
|
365
|
|
Obstructing a
person from using the street
|
Rupees one
thousand.
|
|
366
|
|
Allowing to open
outwards doors, windows in the first floor etc. without licence or contrary
to notice
|
Rupees five
hundred.
|
|
367
|
|
Failure to
remove permanent encroachment
|
Rupees Ten
thousand.
|
|
368
|
|
Failure to
remove temporary encroachment
|
Rupees Two
thousand five hundred.
|
|
369
|
|
Causing
obstruction in Public Street
|
Rupees Ten
thousand.
|
|
370
|
|
Unauthorised
deposits of materials in public streets etc.
|
Rupees One
thousand.
|
|
374
|
|
Unlawful removal
of shoring timber bar etc. or removal or extinguish light
|
Rupees One
thousand.
|
|
375
|
(1)
|
Unlawful making
of hole or placing of obstruction in street
|
Rupees One
thousand.
|
|
377
|
|
Construction of
building without licence which is likely to be obstructed the street in foot
path or failure to fence such building while repairing or failure to remove
obstruction
|
Rupees Twenty
thousand.
|
|
378
|
|
Failure to
remove obstruction caused in street by fall of trees, etc. within 12 hours of
fall.
|
Rupees One
thousand.
|
|
379
|
(3)
|
Unlawful
destruction etc. of name of street
|
Rupees Five
hundred.
|
|
380
|
(2)
|
Unlawful
destruction etc. of building number
|
Rupees Five
hundred.
|
|
380
|
(3)
|
Failure to
replace number when required to do so
|
Rupees Five
hundred.
|
|
383
|
(5)
|
Constructing or
reconstructing building contrary to declaration issued by Council
|
Rupees Five
thousand.
|
|
384
|
(1
|
Failure to
comply with requisition to round off or splay off building at corners of
street
|
Rupees Five
thousand.
|
|
385
|
|
Construction of
external roofs, etc. with inflammable materials
|
Rupees Two
thousand five and hundred.
|
|
386
|
|
Construction of
door or window etc.
so as to open
outwards on Public Street
|
Rupees Five
hundred.
|
|
404
|
|
Failure to keep
external walls of premises in proper repair.
|
Rupees Five
hundred.
|
|
411
|
(1)
|
Failure to
comply with requisition to demolish repair or secure dangerous structure
|
Rupees Five
thousand.
|
|
412
|
(1)
|
Failure to
comply with requisition to secure, lop or cut down dangerous trees
|
Rupees Two
thousand.
|
|
413
|
|
Failure to
comply with requisition to repair etc. tank or other place dangerous to
passers by or persons living in neighbourhood
|
Rupees One
thousand.
|
|
414
|
|
Failure to
comply with requisition to stop dangerous quarrying
|
Rupees Five
thousand.
|
|
415
|
|
Failure to
comply with notice regarding precautions against fire
|
Rupees Five
thousand.
|
|
416
|
(1)
|
Constructing
well etc. without permission
|
Rupees Five
hundred.
|
|
416
|
(3)
|
Failure to
comply with the notice to fill up or demolish well
|
Rupees five
hundred.
|
|
417
|
|
Failure to
comply with requisition to fill up, etc. tank or well or drain off water etc.
|
Rupees One
thousand.
|
|
418
|
|
Cultivating
contrary to prohibitions or regulations
|
Rupees One
thousand.
|
|
419
|
|
Failure to
comply with requisition to clean, close etc. of tank, well or other water
used for drinking
|
Rupees One
thousand.
|
|
421
|
|
Obstructing a
person from the use and enjoyment of well, tank or reservoir
|
Rupees Five
hundred.
|
|
422
|
|
Unlawful
laundering and fishing in river, etc. after prohibition or contrary to
regulations
|
Rupees Five
hundred.
|
|
424
|
|
Washing of
cloths by washermen at unauthorised places
|
Rupees two
hundred and fifty.
|
|
425
|
|
Defiling water
of pond tank, etc.
|
Rupees Five
hundred.
|
|
426
|
|
Failure to
comply with requisition to enclose clear or cleanse uninhabited lands.
|
Rupees Five
hundred.
|
|
427
|
|
Failure to
comply with requisition to enclose or cleanse untenanted lands
|
Rupees five
hundred.
|
|
428
|
|
Failure to
secure trees adjacent to building or well
|
Rupees one
thousand.
|
|
429
|
|
Failure to
comply with requisition to fence around building or land or trim, prune and
outsherbs and trees or to lower the heights of surrounding wall
|
Rupees one
thousand.
|
|
431
|
|
Failure to
comply with requisition to
transparent wash or
otherwise cleanse the building
|
Rupees five
hundred.
|
|
432
|
|
Failure to
comply with requisition to
|
Rupees one
thousand
|
|
|
|
execute work or
take other action with the respect to sanitary buildings.
|
in the case of
building and rupees five hundred in the case of hut
|
|
433
|
(2)
|
Using or
allowing the use of prohibited building unfit for human habitation.
|
Rupees two
hundred and fifty for each day.
|
|
433
|
(4)
|
Failure to
comply with requisition to demolish such building
|
Rupees two
hundred and fifty for each day.
|
|
434
|
(1)
|
Allowing
overcrowded dwelling in building even after the order to abate the same
|
Rupees one
hundred for each day.
|
|
434
|
(4)
|
Failure to
comply with requisition to vacate overcrowded building or room
|
Rupees one
hundred for each day.
|
|
435
|
|
Feeding animals
on filth
|
Rupees five
hundred.
|
|
436
|
|
Unlawful keeping
of animals in such a way as to cause nuisance or danger
|
Rupees five
hundred.
|
|
444
|
|
Use of places as
stable, cattle shed etc. without licence or contrary to licence
|
Rupees five
hundred.
|
|
445
|
|
Construction or
maintenance of stable, cattle shed, etc., contrary to Act
|
Rupees five
hundred.
|
|
446
|
|
Use of place as
stable, cattle shed, etc. contrary to notice issued by the Secretary
|
Rupees two thousand.
|
|
447
|
(1)
|
Using a place
for any of the purposes specified in the rules made for this without licence
or contrary to licence.
|
[three times of the licence fee or two thousand rupees which ever is
less]
|
|
448
|
|
Unlawful
establishment of factory workshop, etc.
|
Rupees ten
thousand.
|
|
449
|
|
Violation of
order regarding abatement of nuisance
|
Rupees Two
thousand five hundred.
|
|
453
|
|
Use of a place
as slaughter house without licence or contrary to licence
|
Rupees five
thousand.
|
|
455
|
(1)
|
Slaughter of
animals for sale as food
|
Rupees five
thousand.
|
|
455
|
(2)
|
Skinning or
cutting up of drying skin from carcasses so as to cause nuisance
|
Rupees two
hundred for each carcass or skin.
|
|
456
|
|
Carrying on milk
trade without licence or contrary to licence
|
Rupees one thousand.
|
|
457
|
|
Obstructing a
person from using a market
|
Rupees one
thousand.
|
|
459
|
|
Sale or exposure
for sale in public Market of animal or article without licence or contrary to
licence
|
Rupees five
hundred.
|
|
460
|
|
Open or kept
open private market without licence or contrary to licence.
|
Rupees five
thousand.
|
|
462
|
|
Sale or exposure
for sale of animals or article in unlicenced private market
|
Rupees five
hundred.
|
|
463
|
|
Failure to
comply with direction to construct approaches, drains etc; to private markets
on to pave them etc.
|
Rupees one
thousand.
|
|
464
|
(2)
|
Open or kept
open of private market after suspension or refusal of licence for default to
carry out works
|
Rupees two
hundred and fifty for each day.
|
|
465
|
|
Creating
nuisance in private market
|
Rupees two
hundred and fifty.
|
|
469
|
|
Carrying on
butcher's fish monger's or poulterer's trade without licence, etc.
|
Rupees one
thousand.
|
|
470
|
|
Sale or exposure
for sale of animal or article in public street
|
Rupees five
hundred.
|
|
473
|
|
Using a public
place or the sides of public street as public landing places
|
Rupees five
thousand.
|
|
475
|
|
Open or kept
open new private cart
stand without
licence or contrary to licence
|
Rupees five thousand
|
|
478
|
|
Preventing the
Secretary or any person authorised by him from exercising his powers of entry
etc, under this section
|
Rupees five
thousand.
|
|
480
|
|
Removing or in
any way interfering with the affairs of the animal or article seized
|
Rupees five thousand.
|
|
484
|
(1)
|
Opening, etc, a
new place for the disposal of the dead body without licence
|
Rupees ten
thousand.
|
|
486
|
(3)
|
Use or allowing
the use of burial or burning ground which has not been registered, licenced
or authorised.
|
Rupees ten
thousand.
|
|
487
|
|
Failure to give
information of burial or burnings in burial or burning ground
|
Rupees five
hundred.
|
|
488
|
(3)
|
Burial or
burning in place after prohibition
|
Rupees ten
thousand.
|
|
489
|
|
Offences in
respect of corpses
|
Rupees five
hundred.
|
|
492
|
(2)
|
Failure to
produce license on demand.
|
Rupees five
hundred.
|
|
494
|
|
Failure of
medical practitioner or owner to give information regarding the infection of
dangerous disease in private or public dwelling
|
Rupees five
hundred.
|
|
496
|
|
Failure to
comply with requisition to close or disinfect building or articles
|
Rupees five
hundred.
|
|
497
|
(3)
|
Washing of
infected articles at unauthorised places
|
Rupees five
thousand
|
|
498
|
|
Giving etc. of
infected articles
|
Rupees five
thousand
|
|
499
|
|
Using water
after prohibition
|
Rupees five
hundred
|
|
501
|
|
Infected person
carrying on occupation
|
Rupees one
thousand
|
|
502
|
(1)
|
Infected persons
travelling in public conveyance, without taking proper precautions against
spreading of disease
|
Rupees five
hundred.
|
|
502
|
(2)
|
Entry of
infected person into public conveyance without informing fact of infection
|
Rupees five
hundred.
|
|
502
|
(3)
|
Carrying
infected person in public conveyance
|
Rupees five
hundred
|
|
503
|
|
Letting or
sub-letting of infected building without previous disinfection
|
Rupees Two thousand.
|
|
504
|
|
Failure to close
place of Public entertainment
|
Rupees two
thousand.
|
|
505
|
|
Sending infected
child to school
|
Rupees five
hundred.
|
|
519
|
|
Failure to
comply with summons
|
Rupees five
hundred.
|
|
527
|
(1)
|
Failure of
occupier to comply with the requisition to permit owner to comply with
provisions of this Act
|
Rupees one
thousand
|
|
554
|
|
Obstructing or
molesting Municipal Council etc.
|
Rupees ten
thousand.
|
|
555
|
|
Removing mark
set up for indicating level etc.
|
Rupees five
hundred.
|
|
556
|
|
Removal etc., of
notice exhibited by or under orders of the Council
|
Rupees five
hundred.
|
|
557
|
|
Unlawful removal
of earth, sand or other materials from land vested in the Councilor deposit
of materials in river, estuary etc. or encroachment into them
|
Rupees five thousand.
|
Schedule - FIFTH SCHEDULE
[FIFTH SCHEDULE
[See Section 511(2) (C)] PENALTIES FOR
CONTINUING BREACHES
|
Section
|
Sub-section
|
Subject
|
fine which may
be imposed
|
|
(1)
|
(2)
|
(3)
|
(4)
|
|
275
|
(2)
|
Exhibiting any
advertisement without permission
|
Rupees five hundred.
|
|
322
|
|
Failure to
comply with requisition to provide latrine or to remove latrine to another
site and failure to keep latrines clean and in proper order
|
Rupees one
hundred.
|
|
323
|
|
Failure to
provide latrines for premises used by large number of people or to keep them
clean and in proper order
|
Rupees
one-hundred.
|
|
324
|
|
Failure to
comply with requisition to provide latrines for market, cattle shed or cart
stand or to keep them clean and in proper order
|
Rupees two
hundred and fifty.
|
|
[340
|
|
???(I)
|
???(I)
|
|
351
|
|
Construction of
building within regular street alignment
|
Rupees one
thousand.
|
|
359
|
|
Failure to
provide roads etc: on building sites prior to disposal
|
Rupees one
hundred.
|
|
367
|
|
Failure to
remove permanent encroachment
|
Rupees one
thousand.
|
|
368
|
|
Failure to
remove temporary encroachment
|
Rupees five
hundred.
|
|
375
|
|
Unlawful making
of hole or placing of obstruction in street
|
Rupees two
hundred and fifty.
|
|
377
|
|
Construction,
etc., of building without licence which is lively to be obstructed the street
or footpath
|
Rupees one
thousand.
|
|
384
|
(1)
|
Failure to
comply with requisition to round off or splay off the buildings at corners of
street
|
Rupees five
hundred.
|
|
385
|
|
Construction of
external roofs, etc. with inflammable materials
|
Rupees two
hundred.
|
|
404
|
|
Failure to keep
external walls of premises in proper repair
|
Rupees one
hundred
|
|
413
|
|
Failure to
comply with requisition to repair etc, tank or other place causing danger to
passers by or persons living in neighbourhood
|
Rupees Two
hundred and fifty.
|
|
414
|
|
Failure to
comply with requisition to stop dangerous quarrying.
|
Rupees five
hundred.
|
|
415
|
|
Failure to
comply with notice regarding precautions against fire
|
Rupees five
hundred.
|
|
417
|
|
Failure to
comply with requisition to
fill up etc.
tank or well, or drain of water etc.
|
Rupees one
hundred.
|
|
419
|
|
Failure to
comply with requisition to clean or close, etc. tank, well etc. or other
source of water used for drinking
|
Rupees one
hundred.
|
|
426
|
|
Failure to
comply with requisition to enclose clear or clean uninhabited lands
|
Rupees one
hundred.
|
|
427
|
|
Failure to
comply with Requisition, to clear or cleanse plants in filthy state, noxious
or in wild vegetation
|
Rupees one
hundred.
|
|
428
|
|
Failure to secure
trees adjacent to buildings or wells
|
Rupees one
hundred.
|
|
429
|
|
Failure to
comply with requisition to fence building or land or trim prune or cut hedges
and trees or lower the height of surrounding wall
|
Rupees one
hundred.
|
|
431
|
|
Failure to
comply with requisition to transparent wash or otherwise cleanse building
|
Rupees one
hundred.
|
|
432
|
|
Failure to
comply with requisition to execute work or take other action with respect to
insanitary building
|
Rupees one
hundred in the case buildings and fifty Rupees in the case of hut.
|
|
436
|
|
Unlawful keeping
of animal in such a way as to cause nuisance or danger
|
Rupees fifty.
|
|
444
|
|
Use of place as
stable, cattle shed, etc. without licence or contrary to licence
|
Rupees one
hundred.
|
|
446
|
|
Use of place as
stable, cattle shed, etc., contrary to notice issued by the Secretary
|
Rupees one
hundred.
|
|
447
|
(1)
|
Using a place
for any of the purpose
|
Rupees five
|
|
|
|
specified in the
rules without licence or contrary to licence
|
hundred
|
|
448
|
|
Unlawful
establishment of factory workshop etc.
|
Rupees five
hundred.
|
|
449
|
|
Violations of
order regarding abatement of nuisance
|
Rupees five
hundred.
|
|
453
|
|
Use of a place
as slaughter-house without licence or contrary to licence
|
Rupees two
hundred and fifty.
|
|
456
|
|
Carrying on milk
trade without licence or contrary to licence
|
Rupees one
hundred.
|
|
460
|
|
Open or kept
open private market without licence or contrary to licence
|
Rupees one
thousand.
|
|
462
|
|
Sale or exposure
for sale animal or article in unlicenced private market
|
Rupees two hundred.
|
|
465
|
|
Construction or
maintenance of stable cattle shed, etc. contrary to Act, or subordinate
legislation
|
Rupees one
hundred.
|
|
469
|
|
Carrying on
butcher's, fishmonger's or poulter's trade without licence etc.
|
Rupees one
hundred.
|
|
473
|
|
Using pubic
place or the sides of a public street as public landing place etc.
|
Rupees one
hundred.
|
|
475
|
|
Open or kept
open new private cart
stand without
licence or contrary to licence
|
Rupees one
hundred.
|
|
484
|
|
Using a place
for the disposal of the dead body without licence
|
Rupees one
thousand.
|
|
496.
|
|
Failure to
comply with requisition to cleanse or disinfect buildings or articles
|
Rupees one
hundred.
|
|
504
|
|
Failure to close
place of public entertainment
|
Rupees two
hundred and fifty.
|
Schedule - THE SIXTH SCHEDULE
THE SIXTH SCHEDULE
Schedule - THE SEVENTH SCHEDULE
[x x x x] THE SEVENTH SCHEDULE
[See section 498(4) (b)] LIST OF INDUSTRIES
WHICH REQUIRE CLEARANCE
1.
(a) Manufacture of Batteries.
(b) Manufacture
of various parts of bicycles including tyres and tubes.
(c) Electrical lamps-tube lights and mercury bulbs
and metal accessories like reflectors and shades.
(d) Manufacture
of hand tools, machine tools, industrial and scientific instruments where
cutting oil and heat treatment and chromium plating for electro plating are
involved.
(e) Iron and
steel where pickling is carried out.
(f) Manufacture of electrical or electronic parts
like printed circuits, valves, involving acid treatment electroplating, solvent
treatment.
(g) Telephone,
Telegraph, Teleprinter etc. involving electroplating heat treatment of various
parts and manufacture of letter types.
(h) Time pieces,
watches involving plating and also manufacture of luminescent dial and other
parts.
2.
Chemicals and Fertilizers.
3.
Dye stuffs.
4.
Food products.
5.
Leather tanning.
6.
Mineral oil processing and reconditioning
such as Engine oil, cutting oil and transformer oil.
7.
Paints and varnishes
8.
Manufacture of various types of paper
including colour paper.
9.
Pharmaceuticals.
10.
Internal combustion engines, diesel engines,
radiator
11.
Textile printing, dyeing, mercurising,
bleaching etc. Where the manufacture of articles under this category involves
the use of water, acids, alkalis, chemicals and heat treatment resulting in
solid, liquid and gaseous waste discharge causing pollution problems the cases
should be referred to the health department.
Schedule - THE EIGHTH SCHEDULE
THE EIGHTH SCHEDULE
[See section 448(4)(c)]
CATEGORIES OF INDUSTRIES WHICH REQUIRE
CLEARANCE FROM THE FIRE FORCE DEPARTMENT
1.
Explosives
2.
Fireworks
3.
Salt peter
4.
Spirituous preparation
5.
Sulphur
6.
Tile Factories
7.
Industries using L.P.G
8.
Factory buildings with thatched sheds
9.
Safety matches
10.
Manufacture of acids
Schedule - THE NINTH SCHEDULE
THE NINTH SCHEDULE
[See section 2(12)]
LIST OF DANGEROUS DISEASES
AIDS
Acute
influenza, pneumonia
Anthrax
Chicken-pox
Cholera
Diphtheria
Enteric
fever
Glanders
Rabies
Plague
Tuberculosis
Typhoid
fever
Influenza
Relapsing
fever
Weils
disease
Gastro
enteritis
Sub-section (1) substituted by Act 14
of 1999, w.e.f. 24-3-1999. Prior to the substitutions it read as under:
Sub-section (2) substituted by Act 14
of 1999, w.e.f. 24-3-1999. Prior to the substitution it read as under:
Section 209 omitted by Act 14 of 1999, w.e.f. 24-3-1999.
The omitted section 209 read as under:
"
209. Collected sewage etc., belong to Municipality.-All rubbish and filth and
other matter collected by a Municipality under this Act shall belong to the
Municipality and they can dispose of the same by auction or otherwise."
Sub-section (1) substituted by Act 14
of 1999, w.e.f. 24-3-1999. Prior to the substitution sub-section (1) read as
under:
Sub-section (1) substituted by Act 14
of 1999, w.e.f. 24-3-1999. Prior to the substitution sub-section (1) read as
under:
Sub-section (1) substituted by Act 14 of 1999, w.e.f.
24-3-1999. Prior to the substitution Sub-section (1) read as under:
|
"(1)
Subject to the availability of resources, the authority competent to accord
administrative sanction to any estimate for works or to sanction any
expenditure and the limit upto which such sanction may be accorded shall be
as shown below, namely:-
(a) Town
Panchayat
|
|
|
(i) The Chairman
|
Upto five
thousand rupees
|
|
(ii) The
Standing Committee
|
Exceeding five
thousand rupees but not exceeding twenty five thousand rupees.
|
|
(iii) The
Council
|
Exceeding
twenty five thousand rupees but not exceeding ten lakh rupees.
|
|
(iv) The
Government
|
Exceeding ten
lakh rupees
|
|
(b) Municipal
Council
|
|
|
(i) The Chairman
|
Upto ten
thousand rupees.
|
|
(ii) The
Standing Committee
|
Exceeding ten
thousand rupees but not exceeding fifty thousand rupees
|
|
(iii) The
Council
|
Exceeding fifty
thousand rupees but not exceeding twenty five lakh rupees
|
|
(iv) The
Government
|
Exceeding twenty
five lakh rupees
|
|
(c) Municipal
Corporation
|
|
|
(i) The Mayor
|
Upto twenty five
thousand rupees
|
|
(ii) The Standing
Committee
|
Exceeding twenty
five thousand rupees but not exceeding three lakh rupees
|
|
(iii) The
Council
|
Exceeding three
lakh rupees but not exceeding fifty lakh rupees
|
|
(iv) The
Government
|
Exceeding fifty
lakh rupees"
|
|
|
Clause (d) omitted by Act 14 of 1999,
w.e.f. 24-3-1999. The omitted clause (d) read as under:
Sub-section (3) omitted by Act 14 of 1999,
w.e.f. 24-3-1999. The omitted sub-section (3) read as under:
Section 220 omitted by Act 14 of 1999, w.e.f. 24-3-1999.
The omitted section 220 read as under:
"220.
Saving of certain non-determinable irregularities.- When work is given on
contract at unit rates and the number of units is not precisely determinable,
the contract shall not be deemed to contravene the provisions of section 218
and section 219, merely by reason of the fact that the pecuniary limits laid
down therein are eventually exceeded."
Section 226 substituted by Act 14 of 1999, w.e.f.
24-3-1999. Prior to the substitution section 226 read as under:
"226.
Power of Secretary over Health Officer.-
(1)
Notwithstanding anything contained in the Travancore-Cochin Public Health Act,
1955 or the Madras Public Health Act, 1939, the functions of the Secretary
under this Act relating to public health matters which are conferred upon the
Health Officer by section 14 of the Travancore-Cochin Public Health Act, 1955
(XVI of 1955) or section 16 of the Madras Public Health Act, 1939, (Madras Act
III of 1939) except the functions involving disciplinary controls over the
employees of the Municipality which are vested in the Secretary under
sub-section(3) and the functions of the Health Officer under the said Public
Health Acts so far as those functions involve expenditure from the municipal
fund or administrative control over the employees of the Municipality, shall be
exercised by the Health Officer subject to the control and supervision of the
Secretary under this Act:
Provided
that in Municipalities where there are no Health Officers, the health
supervisors and in the absence of both, the first grade health inspectors,
shall exercise the functions of the Health Officer.
(2)
Notwithstanding anything contained in this Act or the Travancore-Cochin Public
Health Act, 1955 (XVI of 1955) or the Madras Public Health Act, 1939 (Madras
Act III of 1939), the power of control over the Health Officer shall vest in
the Secretary;
Provided
that nothing contained in this sub-section shall be deemed to empower the
Secretary to dismiss or remove the Health Officer from service.
(3)
Notwithstanding anything contained in the Travancore-Cochin Public Health Act,
1955 (XVI of 1955), or the Madras Public Health Act, 1939 (Madras Act III of
1939), the functions of the Health Officer under the said Public Health Acts,
so far as those functions involve disciplinary control over the employees of a
Municipality be exercised only by the Secretary."
Sub-section (1) substituted by sub-sections (1) to (1c)
by Act 14 of 1999, w.e.f. 24-3-1999. Prior to the substitution sub-section (1)
read as under:
"(1)
The Government may, on an application of any Municipality, place the services
of any Government servant at the disposal of the Municipality to be employed by
it for the purpose of this Act. The Municipality shall pay the Government
servant so employed the salary he may be entitled to receive while in
Government service and shall also pay to the Government such contributions
towards his pension, gratuity and leave allowances as may be payable under the
rules in that behalf for the time being in force."
Section 228 substitution by Act 14 of 1999, w.e.f.
24-3-1999. Prior to the substitution it read as under:
"228.
Control of Secretary over establishment.- Subject to the provisions of this Act
and to any bye-laws and regulations for the time being in force, the Secretary
shall specify the duties of the Municipal establishment and shall exercise
supervision and control over all officers and staff under the
Municipality."
Section 229 substituted by Sections 229, 229A & 229B
by Act 14 of 1999, w.e.f. 24-3-1999.
"229.
Power of Chairperson over establishment.- The Chairperson shall exercise
supervisory control over the work of all officers and staff under the
Municipality and may require the Secretary to produce or make available all
necessary reports and information relating to their work and shall have
authority to issue all directions necessary for the speedy implementation of
the decisions of the Council or any Committee thereof."
Section
229 substituted by Sections 229, 229A & 229B by Act 14 of 1999, w.e.f.
24-3-1999.
"229.
Power of Chairperson over establishment.- The Chairperson shall exercise
supervisory control over the work of all officers and staff under the
Municipality and may require the Secretary to produce or make available all
necessary reports and information relating to their work and shall have
authority to issue all directions necessary for the speedy implementation of
the decisions of the Council or any Committee thereof."
Section 231 substituted by Act 30 of 2009, w.e.f.
7-10-2009, published in K.G.Ex. No. 1844, dt. 7-10-2009. dt. 7-10-2009. Prior
to the substitution it read as under:
"231.
Resolution of Council deciding to levy tax.-
(1)
Any resolution of a Council determining to levy a tax shall specify the rate at
which and the date from which any such tax shall be levied.
(2)
Before passing a resolution imposing a tax for the first time or increasing the
rate of an existing tax, the Municipality shall publish a notice in the
Gazette, at least in one newspaper published in the language of the locality
having wide circulation in the Municipality, on the notice board of the office
of the Municipality and in such other places within the municipal area as may
be specified by the Council and in any other manner as it may determine, of its
intention, fix a reasonable period not being less than one month for submission
of objections, and consider the objection if any, received within the period
specified.
(3)
Any resolution abolishing an existing tax or reducing the rate at which a tax
is levied shall immediately be reported to the Government:
Provided
that in the case of a Municipality which has an outstanding loan either from
the Government or from the Public or any other local body, such abolition or
reduction shall not have effect without the sanction of the Government.
(4)
Where any resolution under this section has taken effect for a particular year,
no proposal to alter the rate or date fixed in such resolution so far as that
year is concerned shall be taken into consideration by the Council."
Section 233 substituted by Act 30 of 2009, w.e.f.
7-10-2009, published in K.G.Ex. No. 1844, dt. 7-10-2009. dt. 7-10-2009. Prior
to the substitution Section 233 read as under:
"233.
Description and classes of property tax,-
(1)
Where a Council of a Municipality by a resolution determines to levy property
tax. such tax shall unless, exempted by or under this Act or any other law, be
levied on all buildings and lands within the municipal area.
(2)
The property tax under sub-section (1) may comprise of a tax for general
purposes and a service tax and the service tax may comprise of -
(i) a
water and drainage tax to provide for expenses connected with the construction,
maintenance, repair, extension or improvement of water or drainage work
heretofore provided or hereafter to be provided.
(ii) a
lighting tax to provide for expenses connected with the lighting of the
municipal area by gas, electricity or any other means;
(iii)
a sanitary tax to provide for expenses connected with the general sanitation of
the municipal area and the removal of rubbish, filth and carcasses of animals
from the private premises.
(3)
Save as otherwise provided in this Act, these taxes shall be levied at such
percentage of the annual value of buildings or lands which are occupied by or
adjacent and appurtenant to buildings or both as may be fixed by the Council:
Provided
that the aggregate of the percentage so fixed shall not be less than 49[six
percent] and more than twenty per cent in the case of a Town Panchayat, [nine
percent] and twenty five per cent in the case of a Municipal Council and
49[twelve percent] and twenty five per cent in case of Municipal Corporation of
the annual value of all buildings, or lands, which are occupied by or adjacent
and appurtenant to buildings or both and that the different components of tax
shall not be less than the following minimum rates namely :
|
Minimum rates
|
|
|
|
|
|
|
|
Town
|
Municipal
Municipal
|
|
Panchayat
|
Council
|
Corporation
|
|
(i) Tax for
general purposes 50[4%]
|
5%
|
52[6%]
|
|
|
|
(ii) Lighting
tax50[1%]
|
2%
|
2%
|
|
|
|
|
|
(iii) Drainage
tax..
|
..
|
2%
|
|
|
|
|
|
(iv) Water tax
..
|
..
|
1%
|
|
|
|
|
|
(v) Sanitary tax
|
1%
|
51[2%]
|
52[2%]
|
|
|
|
Provided
further that where water tax and drainage tax are levied, the Council shall
declare what proportion of tax is levied in respect of water works and the
remainder shall be deemed to be levied in respect of drainage works and the
proportion so declared shall also be specified in the notification under
section 232.
[(4)
The Municipal Council shall in the case of land used exclusively for
agricultural purposes and which is more than one hectare in extent, levy, these
taxes on its annual value, excluding one hectare therefrom, at such percentage
as may be fixed by it:
Provided
that such percentage shall not exceed the maximum, if any, fixed by Government.
Explanation.-
For the purpose of this section the annual value of land shall be deemed to be
the total annual rent which can be reasonably be expected if it is leased out
from year to year.]
[(5)
Notwithstanding anything contained in sub-section (3) and sub-section (4) the
minimum property tax to be given for a half year shall be twenty five rupees in
the case of a Town Panchayat or a Municipal Council and fifty rupees in the
case of a Municipal Corporation.]"
Section 234 omitted by Act 30 of 2009, K.G.Ex. No. 1844, w.e.f.
7-10-2009. The omitted Section 234 read as under:
"234.
Method of assessment of property tax.-
(1)
Every building shall be assessed together with its site and other adjacent
premises occupied as an appurtenance thereto unless the owner of the building
is a different person from the owner of such site or premises.
[(2)
Notwithstanding anything contained in the Kerala Buildings (Lease and Rent
Control) Act, 1965 (2 of 1965) or any other law for the time being in force,
for the purpose of assessing the property tax, it shall be assessed in the
prescribed manner on the basis of the annual value of any buildings and lands
adjacent to it, the importance of area where the building is situated, type of
the building construction, method of use, plinth area, reasonable annual
maintenance cost etc. and the tax shall be determined for the said building and
land at the rate fixed by the Council under sub-section (3) of Section 233:
Provided
that from the property tax assessed in such manner, property tax shall be fixed
by allowing the deduction at the rate of ten per cent to buildings above ten
years and upto twenty years old, twenty per cent to buildings above twenty
years and upto fifty years old and twenty-five percent to buildings above fifty
years old.
(3) In
the case of a building given for the use of another person upon rent or on such
other condition by the owner, the property tax shall be assessed by adding with
it an amount equal to twenty-five per cent of the assessed tax under
sub-section (2).
(4).
The Government may make rules regarding the person by whom and the intervals at
which the annual value of buildings, the deduction or addition in the tax to be
made etc., is to be determined and the procedure for the realisation of tax
amount."
Section 235 substituted by Act 30 of 2009, w.e.f.
7-10-2009, published in K.G.Ex. No. 1844, dt. 7-10-2009. Prior to the
substitution it read as under:
"235.
Exemption.-
(1)
The following buildings and lands shall be exempt from the property tax:
(a)
places set apart for public worship, and either actually so used or used for no
other purpose;
(b)
buildings used exclusively for public worship;
(c)
Choultries for the occupation of which no rent is charged and choultries where
the rent charged for the occupation is used exclusively for charitable purpose;
(d)
buildings recognised by the Government or registered with the Municipality
under this Act and owned and occupied by educational institutions and used only
for teaching and libraries open to public.
(e)
ancient monuments protected under the law relating to the preservation of
ancient monuments applicable to the State for the time being in force, or part
thereof, as are not used as residential quarters or as public offices;
(f)
burial and burning grounds included in the register kept at the office of the
Municipality under section 486;
(g)
buildings or lands belonging to the Municipality;
(h)
such property of Government not being buildings, as may from time to time be
notified by the Government;
and
(i)
public building and places used for charitable purposes of sheltering the
destitutes or animals.
[(j)
Building with mud walls or roof thatched with leaves or light weight sheet and
having a plinth area of less than twenty Sq. metres;
(k)
Residential building constructed by a person who belongs to economically weaker
section, using Government subsidy and having a plinth area of less than twenty
Sq. metre.]
Explanation.-
The exemption granted under the section shall not extend to buildings and lands
for which rent is realised by the owners thereof and to residential quarters
attached to schools and colleges not being hostels or residential quarters
attached to hospitals, dispensaries and libraries.
(2) A
Municipality may, with the previous sanction of the Government exempt any
particular part of the Municipal area from the payment of the whole or a
portion of the water and drainage tax or of the lighting tax on the ground that
such area is not deriving full benefit from the water supply and drainage
scheme or from the lighting system.
(3) A
Municipality may exempt any building or land from the whole or any portion of
the sanitary tax if it is satisfied that the owner or occupier has made
efficient and satisfactory arrangements for the daily removal therefrom of
rubbish, filth and carcasses of animals.
(4) [x
x x x]
(5)
Notwithstanding anything contained in this Act or any other law for the time
being in force, in the case of properties exempted from property tax under [sub
section (1)], the Municipality shall be entitled to claim the cost of services
covered by the service taxes."
Section 236 omitted by Act 30 of 2009, w.e.f. 7-10-2009,
published in K.G.Ex. No. 1844, dt. 7-10-2009. dt. 7-10-2009. Prior to the
omission Section 236 read as under:
"236.
Taxation to be uniform.-
The
rate of any class of property tax on lands when levied on their annual value
under sub-section (3) of section 233 may be lower than the rate of the same
class of property tax on buildings, but either rate shall be uniform throughout
the municipal area on all buildings or on lands liable to be so taxed on their
annual value, as the case may be."
Section 237 substituted by Act 30 of 2009, w.e.f.
7-10-2009, published in K.G.Ex. No. 1844, dt. 7-10-2009. Prior to the
substitution it read as under:
"237.
Property tax, first charge on property.-
The
property tax on buildings and lands shall, subject to the prior payment of land
revenue, if any, due to the Government thereon, be a first charge upon the said
buildings or lands and upon the movable property, if any, found within or upon
the same and belonging to the person liable to such tax."
Section 238 omitted by Act 30 of 2009, w.e.f. 7-10-2009,
published in K.G.Ex. No. 1844, dt. 7-10-2009. dt. 7-10-2009. Prior to the
omission it read as under:
238.
Revision and time of payment of property tax.- Subject to the rules made by
Government the property tax shall be assessed and the half-yearly tax
determined once in every four years and the half-yearly tax shall be payable by
the owner of the assessed property within thirty days of the commencement of
each half-year:
Provided
that except in the case of substantial improvements or addition to an existing
building since the last assessment, the annual value of any building shall not
exceed the limit, if any, fixed by the Government from time to time.
Provided
that revision of tax after the date of first April 1998, shall come into force
on the date fixed by the Government.
Section 241 omitted by Act 30 of 2009, w.e.f. 7-10-2009,
published in K.G.Ex. No. 1844, dt. 7-10-2009. Prior to the omission it read as
under:
"241.
Owner's obligation to give notice of construction, reconstruction or demolition
of building.-
(1)
(a) If any building is constructed or reconstructed in a Municipal area the
owner shall give notice thereof to the Secretary within fifteen days from the
date of completion or occupation of the building, whichever is earlier.
(b) If
such date falls within the last two months of a half-year, the owner shall
subject to notice being given under clause (a), be entitled to a remission of
the whole of the tax or enhanced tax, as the case may be, payable in respect of
the building only, for that half-year.
(c) If
such date falls within the first four months of a half-year, the owner shall,
subject to notice being given under clause (a), be entitled to a remission of
so much not exceeding a half of the tax or enhanced tax, as the case may be,
payable in respect of the building only for that half-year, as is proportionate
to the number of days in that half-year preceding such date.
(2)
(a) If any building in a municipal area is demolished or destroyed, the owner
shall, until notice thereof is given to the Secretary, be liable for the
payment of the property tax which would have been leviable had the building not
been demolished or destroyed.
(b) If
such notice, is given within the first two months of a half-year the owner
shall be entitled to a remission of the whole of the tax payable in respect of
the building only; for that half-year.
(c) If
such notice is given within the last four months of a half-year, the owner
shall be entitled to a remission of so much not exceeding a half of the tax
payable in respect of the building only, for that half-year, as is
proportionate to the number of days in that half-year, succeeding the
demolition or destruction, as the case may be."
Section 242 substituted by Act 30 of 2009, w.e.f.
7-10-2009, published in K.G.Ex. No. 1844, dt. 7-10-2009. Prior to the
substitution Section 242 read as under:
"242.
Assessment of building constructed unlawfully.-
(1)
Notwithstanding anything contained in this Act or the rules made thereunder,
where any person has unlawfully constructed or reconstructed any building, such
building shall, without prejudice to any action that may be taken against that
person, be liable to tax from the date of completion or occupation whichever is
earlier till the date of demolition of that building.
(2)
Nothing contained in sub-section(1) shall preclude the Secretary from
proceeding against such person under section 406 of the Act and the owner shall
not be entitled to any compensation or damages due to any action taken by the
Secretary under this section."
Sub-section (1) substituted by Act 14 of 1999, w.e.f.
24-3-1999. Prior to the substitution sub-section (1) read as under:
"(1)
Where a Council, by resolution, determines to levy a show tax, such tax shall
be levied, subject to such rules as may be prescribed, on all shows within the
municipal area, calculated at the following rates, namely:-
Rate
of tax per show
(1)
Regular cinematograph exhibitions at licenced theatres-Two rupees
(2)
Other cinematograph exhibitions-Ten rupees
(3)
Regular shows other than cinematography exhibitions conducted at the same place
daily-Five rupees
(4)
Other shows-Thirty rupees
Explanation.--The
term "show" shall include any entertainment, exhibition, performance,
amusement, game, sport or race to which persons are admitted on payment."
Proviso added for by Act 14 of 1999, w.e.f. 24-3-1999.
Prior to the substitution it read as under:
"Provided
that the rates shall be subject to the maximum and minimum specified by the
Government in this behalf:"
Sub-section (2) substituted by Act 30 of 2009, K.G.Ex.
No: 1844, dt. 7-10-2009. Prior to the substitution it read as under:
(2)
The Government, or with the sanction of the Government the Municipality may
exempt any person or class of persons wholly or in part from the payment of any
tax. But nothing in this section shall be deemed to authorise the exemption of
any person solely on the ground that he is a Councillor.
Section 283 substituted by Act 14 of 1999, w.e.f.
24-3-1999. Prior to the substitution Section 283 read as under:
"283.
Municipal fund.--
(1)
All moneys received by a Municipality, except those collected as fees for
licences and permissions under this Act or any other law for the time being in
force, shall constitute a fund which shall be called the municipal fund and
shall be applied and disposed of, subject to the provisions of this Act and
such other law.
(2)
All fees for licences and permissions received by a Municipality under this Act
or any other law for the time being in force shall be kept separate from the
Municipal fund constituted under sub-section (1) and shall be utilised for the
purpose for which such fees are levied.
(3)
The Government may contribute to the Municipal fund by way of a grant such sums
as may be fixed by the Government with due regard to the recommendation of the
Finance Commission and to the needs of development and the cost of municipal
administration and services as the Government may deem fit.
Provided
that any sum due from a Municipality to the Government or any fund established,
operated and administered under any rules made under this Act may be adjusted
from any grant or sum due to the Municipality from the Government then and
thereafter to be due to the Council."
Sub-section (1) substituted by Act 14 of 1999, w.e.f.
24-3-1999. Prior to the substitution sub-section (1) read as under:
"(1)
The Standing Committee concerned shall, subject to the compliance of the
requirement specified in section 285, as soon as after the fifteenth day of
January, consider the estimates and proposals of the Secretary and having
regard to all the requirements of this Act frame therefrom a budget estimate of
the receipts and expenditure of the Municipality for the next year."
Section 289 substituted by Act 14 of 1999, w.e.f.
24-3-1999. Prior to the substitution it read as under:
"287.
Consideration of budget estimate by the Council.--
The
budget estimate prepared by the Standing Committee shall be laid before the
Council at a meeting not later than the first week of March."
Section 291 omitted by Act 14 of 1999, w.e.f. 24-3-1999.
The omitted Section 291 read as under:
"291.
Council may pass supplemental budget.--
The
Council may, on the recommendation of the Standing Committee concerned for the
preparation of budget estimate, from time to time, during any year, pass,
subject to the provisions of sub-section (2) of section 286, a supplemental
budget estimate for the purpose of meeting any special or unforeseen
requirement arising during that year."
Section 292 omitted by Act 14 of 1999, w.e.f. 24-3-1999.
The omitted Section 292 read as under:
"
292. Reduction or transfer of budget grants.--
(1)
The Standing Committee concerned may, if it thinks necessary, at any time
during an year-
(a)
reduce the amount of a budget grant; or
(b)
transfer and add the amount or a portion of the amount of one budget grant to
the amount of any other budget grant:
Provided
that-
(i)
due regard shall be had to all the requirements of this Act when making any
such reduction or transfer;
(ii)
the aggregate sum of the budget grants contained in the budget estimate adopted
by the Council shall not be increased except by the Council; and
(iii)
every such reduction or transfer shall be brought to the notice of the Council
at its next meeting.
(2)
Where any such reduction or transfer is of an amount exceeding twenty thousand
rupees, the Council may pass such orders as it thinks fit in respect thereof
and it shall be incumbent on the Standing Committee concerned and the Secretary
to give effect to the said order."
Section 296 substituted by Act 14 of 1999, w.e.f.
24-3-1999. Prior to the substitution Section 296 read as under: "296.
Contribution to expenditure.--
If the
expenditure incurred by the Government or by any other Municipality or
Panchayat in the State for any purpose authorised by or under this Act such as
to benefit the inhabitants of a Municipality, the Municipality may, with the
sanction of the Government, and shall if so directed by them, make a
contribution towards such expenditure."
Section 299 substituted by Act 14 of 1999, w.e.f.
24-3-1999. Prior to the substitution it read as under:
"299.
Limitation on borrowing power.--
Notwithstanding
anything hereinbefore contained the borrowing powers of a Municipality shall be
limited as hereafter provided, to the sum payable annually as interest and for
the maintenance of the sinking funds and repayment of any sums and interest
borrowed otherwise and shall not, except with the express sanction of the
Government, exceed twelve and a half per cent of the annual value of buildings,
and lands as determined under this Chapter."
Section 314 substituted by Act 14 of 1999, w.e.f.
24-3-1999. Prior to the substitution section 314 read as under:
"be
punished with fine which may extend to five thousand rupees."
Section 315 substituted by Sections 315, 315A & 315B
by Act 14 of 1999, w.e.f. 24-3-1999. Prior to the substitution Section 315 read
as under:
"315.
Entrustment of Water Supply and Drainage work.--
Government
may, by notification in the Gazette, entrust to a Municipality, the
implementation of any scheme for water supply for domestic, industrial or
commercial purposes and for drainage works and the Municipality shall, in the
implementation of the said schemes, have such powers, functions and
responsibilities as may be specified in the notification."
Section 316 substituted by Act 14 of 1999, w.e.f.
24-3-1999. Prior to the substitution it read as under:
"316.
Provision for lighting public streets.--
(1) A
Municipality shall, so far as the funds at its disposal permit, cause the
public streets to be lighted and for that purpose shall provide such lamps and
works as it thinks necessary.
(2)
Notwithstanding anything contained in sub-section (1), it shall be lawful for
the Government to provide any public street with a lighting system through an
agency approved by them or through the Municipality.
(3)
Where any lighting system is worked through an agency, an annual contribution
of such amount as may be agreed upon between the agency and the Municipality
shall be paid to the agency by the Municipality and where it is worked through
the Municipality, it shall be so done on such terms as may be agreed upon by
the Government and the Municipality.
(4)
Notwithstanding anything contained in sub-section (1) to (3), it shall be
lawful for two or more Municipalities, with the sanction of, and on such terms
as may be approved by, the Government to provide for any lighting system and
maintained it jointly."
Sub-section (1) substituted by Act 30 of 2009, w.e.f.
7-10-2009, published in K.G.Ex. No. 1844, dt. 7-10-2009. Prior to the
substitution it read as under:
(1)
The Secretary may issue licence, for the period as fixed by the Council, for
providing and maintaining latrines for public use.
Sub-section (2) substituted by Act 14 of 1999, w.e.f.
24-3-1999. Prior to the substitution sub-section read as under:
"(2)
Every owner or occupier of the ground on which any group of six or more huts
stand shall provide latrines of such description and number and in such
position as the Secretary may, by notice, require within such time as may be
fixed in the notice, for the use of the inhabitants of such huts."
Marginal Heading and sub-section (1)
substituted by Act 14 of 1999, w.e.f. 24-3-1999. Prior to the substitution it
read as under:
368. Power to
allow certain projections and erections.--
The proviso omitted by Act 14 of 1999, w.e.f. 24-3-1999.
The omitted proviso read as under:
"Provided
that the Government may, in respect of all municipal areas or with the consent
of the Council in respect of any particular municipal area or portion thereof,
exempt all or any of buildings or any class of the buildings from all or any of
this provisions of the chapter or the said rules."
Proviso substituted by Act 14 of 2000, w.e.f. 30-3-2000.
Prior to the substitution the proviso as inserted by Act 14 of 1999 read as
under:
"Provided
that any addition whether over or on the sides of any building situated within
the said three metres, at the time of coming into force of this Act, shall be
allowed subject to the limit of three metres and the rules made under this Act
and such sanction shall be in such a manner than where an existing part of the
building situated within three metres from the boundary abutting the road of
the land on which such building is situated, is to be demolished in connection
with the implementation of any town planning scheme, it shall not adversely affect
the remaining part of the building or the new addition thereto and the sole
responsibility regarding its security and strength shall be on the owner of the
building and he shall produce a written consent to this effect along with the
application."
Section 407 substituted by Act 14 of
1999, w.e.f. 24-3-1999. Prior to the substitution it read as under:
"407. Power
to compound offences.--
(1)
Notwithstanding anything contained in this Act, the Government may, subject to
such conditions as may be specified, and rules as may be prescribed, accept a
sum of money as compounding fee as may be fixed by them, from the person who
has unlawfully constructed or reconstructed or altered any building or dug a
well without obtaining the permission of the competent authority on or before
the 30th day of May, 1994:
Provided an
application to that effect is made within *[eighteen months] from the date of
commencement of this Act.
(2) On the
payment of such money, the person who unlawfully constructed or reconstructed
or altered the building or dug a well shall be absolved of the liabilities and
the unlawful construction, reconstruction, alteration or digging, as the case
may be, shall be regularised:
Provided that
the regularisation shall be confined to the violation of the provisions of this
Chapter and the building rules alone and that it shall not adversely affect any
master plan, detailed town planning scheme, road widening scheme or any other
scheme sanctioned by or under any law for the time being in force:
Provided further
that the regularisation shall not absolve any officer who failed to take timely
action against such unauthorised construction, reconstruction, alteration or
digging from being proceeded against by way of disciplinary proceedings for
such failure and in addition to the disciplinary action, [an amount equal
to] the whole or part of the compounding fee [levied under this section]
shall be realised from the officer or officers by whose failure such unauthorised
construction, reconstruction, alteration or digging, as the case may be, was
carried out.
Section 410 omitted by Act 14 of 1999, w.e.f. 24-3-1999.
The omitted proviso read as under:
"410.
Power of Government to grant exemption.--
Notwithstanding
anything contained in this Act and the rules made thereunder, the Government
may, by order, for reasons to be stated therein, exempt the construction of any
building from all or any of the provisions of this Chapter or the rules made
thereunder subject to such conditions or restrictions as may be specified in
such order:
Provided
that while granting exemption, the Government shall have due regard to the
right of privacy, the right to light and air and the right of easement of the
neighbour and the right of the public in general and the problems of traffic,
flood and rain:
Provided
further that no such exemption shall be granted to construct a building or
structure whether temporary or permanent in any land abutting any National
Highway, State Highway or District roads or other important roads [xxx]
within a minimum distance of three metres from the boundary of the land owned
by the person who sought exemption:
[Provided
that in the case of a building existing at the commencement of the Act the
necessary exemption from the above said three metre limit may be granted by the
Government for the construction of the first floor or second floor or both upon
such building.]"
Note:
Provisions for taking actions on certain pending Petitions.--
Notwithstanding
the repeal of Section 410 of the principal Act, action or the petitions, appeal
petitions or review petitions seeking exemption from the provisions or rules
relating to building construction filed or pending before Government or any
Officer authorised by Government immediately before such repeal shall be
continued in accordance with the provisions of the said section and disposed of
accordingly.
Power
to grant exemption is not meant to be exercised to relax mandatory provisions
regarding parking, fire, safety etc. to make the project profitable for the
builder.-John v. State of Kerala-2004(2) KLT 88. [2001(2) KLT 70 (SC) Relied
on; AIR 1978 SC 851 Referred to].
Section 420 substituted by Act 14 of 1999, w.e.f. 24-3-1999.
Prior to the substitution it read as under:
"420.
Duty of Municipality in respect of public wells or cess pools.--
A
Municipality shall maintain in a clean condition all wells, tanks and
reservoirs which are not private property, and may fill them in or drain them
where it appears necessary to do so."
Clause (a) substituted by clauses (a) & (aa) by Act
14 of 1999, w.e.f. 24-3-1999. Prior to the substitution clause (a) read as
under
"(a)
bath in or in any manner defile the water in any place set apart by a
Municipality or by the owner thereof for drinking or bathing; or"
Sub-section (3) substituted by
sub-section (3) & (3A) by Act 14 of 1999, w.e.f. 24-3-1999. Prior to the
sub-section (3) read as under:
Sub-section (4) & (5) substituted
by Act 35 of 2005, w.e.f. 24-8-2005. Prior to the substitution it read as
under:
"(4) Every
licence granted under sub-section (3) shall unless an earlier date is specified
therein expire at the end of the year in which it is granted.
Sub-sections (6) to (8) omitted by
Act 14 of 1999, w.e.f. 24-3-1999. The omitted sub-sections read as under:
"Notwithstanding anything contained in the Abkari Act (1 of 1077) or in
any other law for the time being in force, no person shall without previous
permission in writing of a Municipality and except in accordance with the
condition specified in the permission, locate an Abkari shop within a Municipal
area.
(7) When
permission is granted to locate an Abkari shop near educational institution or
place of worship, the distance limit prescribed in the Abkari Act, for the time
being in force, or the rules framed thereunder shall be complied with and no
permission shall be granted by a Municipality to locate an Abkari shop within
the said distance limit.
(8) A
Municipality shall be competent, in the interest of public peace or morality or
on the grounds of expediency or nuisance to order transfer of an Abkari shop
from one place to another or the closure of a shop within a period not
exceeding fifteen days.
Sub-section (3) substituted by Act 14
of 1999, w.e.f. 24-3-1999. Prior to the substitution it read as under:
"(3) The
Secretary shall, as soon as may be after the receipt of the application,-
(a) grant the
permission applied for either absolutely or subject to such conditions as he
thinks fit to impose;
or
Sub-section (4) substituted by Act 14
of 1999, w.e.f. 24-3-1999. Prior to the substitution it read as under:
"(4) Before
granting permission under sub-section (3) the Secretary shall-
(a) if the
factory, workshop, work place or premises which comes within the purview of the
Factories Act, 1948 (Central Act 63 of 1948) obtain the approval of the
Inspector of Factories appointed under the said Act or of an officer of the
Industries Department not below the rank of the Industries Extension Officer
having jurisdiction over the municipal area, or if there is more than one such
Inspector or Extension Officer, of the Inspector or Extension Officer, as the
case may be designated by the Government in this behalf by general or special
order as regards the plan of the factory, workshop, work place or premises with
reference to-
(i) the adequacy
of the provision for ventilation and light;
(ii) the
sufficiency of the height and dimensions of the rooms and doors;
(iii) the
suitability of the exits to be used in case of fire; and
(iv) such other
matters as may be prescribed, and
(b) consult and
have due regard to the opinion of the Municipal Health Officer where
Municipality employs such an officer and the District Medical Officer of Health
in other cases, as regard the suitability of the site of the factory, workshop,
workplace or premises for the purpose specified in the application in respect
of all industries mentioned in the Seventh Schedule and also in respect of
other industries if the connected load exceeds 25 HP;
Provided that no
such consultation is necessary for any industrial unit except those specified
in the said schedule in Industrial Development Area, Development Plot,
Industrial Growth Centre, Industrial Estates and Mini Estate set up by
Industries Department and Small Industries Development Corporation:
Provided further
that no consultation is necessary in respect of industries specified in the
said Schedule where a declaration stating that no effluent is involved is given
by the Industrial Unit and the General Manager of the concerned District
Industrial Centre duly recommended.
Section 449 substituted by Act 14 of 1999, w.e.f.
24-3-1999. Prior to the substitution it read as under:
"449.
Secretary may issue direction for abatement of nuisance caused by steam or
other power.--
(1)
Where any factory, workshop or workplace in which steam power, water power or
other mechanical power or electrical power is used, causes, in the opinion of
the Secretary, nuisance by reason of a particular kind of fuel being employed
or by reason of the noise or vibration created, the Secretary may issue such
directions as he thinks fit to the person in charge of such factory, workshop
or workplace for the abatement of the nuisance within a reasonable time to be
specified for the purpose.
(2)
Where there has been willful default in carrying out such direction or where
abatement is found impracticable, the Secretary may-
(a)
prohibit the use of the particular kind of fuel employed, or
(b)
restrict the noise or vibration by prohibiting the working of the factory,
workshop or workplace between 9.30 p.m. and 5.30. a.m."
Section 450 substituted by Act 14 of 1999, w.e.f.
24-3-1999. Prior to the substitution it read as under:
"450.
Power of the Government to pass orders or give directions to Secretary.--
The
Government may, either generally or in any particular case, make such order or
give such direction as they may deem fit in respect of any action taken or
omitted to be taken under section 448 or section 449."
Sub-section (3) substituted by Act 14 of 1999,
w.e.f. 24-3-1999. Prior to the substitution sub-section (3) read as under:
Sub-section (1) substituted by Act 14 of 1999, w.e.f.
24-3-1999. Prior to the substitution read as under:
"
(1) Every Municipality may, and shall if no sufficient provision exists,
provide at the cost of the municipal fund places to be used as burial or
burning grounds or crematoria, either within or, with the sanction of the
Government, without the limits of its municipal area and may charge rents and
fees for the use thereof."
Section 490 omitted by Act 14 of 1999, w.e.f. 24-3-1999.
The omitted Section 490 read as under:
"490.
Grave digger's licence.--
No
person shall be a grave digger or other attendant at a public place for the
disposal of the dead (other than a place provided by the Government) unless he
has been licensed in that behalf by the Municipality and such licence may be
withdrawn or cancelled at the discretion of the Municipality."
Section 493 substituted by Act 14 of 1999, w.e.f.
24-3-1999. Prior to substitution it read as under:
"493.
Compulsory registration of vital statistics.--
(1)
Every Municipality shall register all births and deaths occurring in the
Municipal area.
(2)
Information of births and deaths shall be given and their registration shall be
made and enforced in the prescribed manner."
Section 509 substituted by Act 14 of
1999, w.e.f. 24-3-1999. Prior to the substitution Section 509 read as under:
"509. Appeals and revision.--
(1) An appeal
shall lie to the Council from-
(a) any notice
issued or other action taken or proposed to be taken by the Secretary under
sections 317, 322, 323, 324, 395, 396, 411, 412, 417, 419, 432 and 455; or
(b) any order of
the Secretary granting or refusing to grant a licence or permission; or
(c) any order of
the Secretary made under sub-section (8) of section 492 suspending or revoking
a licence; or
(d) any other
order of the Secretary that may be made appealable by rules under section 565;
(e) any order of
the Secretary under sub-section (4) of section 530.
(2) Pending
decision on an appeal under sub-section (1), the Chairperson may, on
application, by order stay the operation of the notice, order or other action
appealed against.
(3) Every case
in which an order has been made under sub-section (2) shall be reported by the
Chairperson to the Council at its next ordinary meeting with the reasons in
full for making such order and the Council shall either confirm such order with
or without modification or revoke it.
(4) Any appeal
filed under sub-section (1) shall be disposed of by the Council within three
months of receipt of such appeal.
(5) An appeal
from any order passed by the Secretary under sections 390 and 395 and
sub-section (3) of section 406 shall lie to the Government.
Section 556 substituted by Act 14 of 1999, w.e.f.
24-3-1999. Prior to the substitution it-read as under:
"556.
Prohibition of removal or obliteration of notice.--
No
person shall, without authority in that behalf, remove, destroy, deface, or
otherwise obliterate any notice exhibited in pursuance of any decision of the
Council or order of the Secretary."
Sub-section (1) substituted by Act 14
of 1999, w.e.f. 24-3-1999. Prior to the substitution it read as under:
Section 573 substituted by Act 14 of 1999, w.e.f.
24-3-1999. Prior to the substitution it read as under:
"573.
Cancelling of bye-law or regulation.--
The Government
may cancel any bye-law or regulation and thereupon such bye-taw or regulation
shall cease to have effect:
Provided
that, before cancelling of any bye-law or regulation under this section the
Council shall be given an opportunity to express its views regarding such
cancellation."
Clause (xii) omitted by Act 14 of 1999, w.e.f. 24-3-1999.
The omitted clause read as under:
"(xii)
all assessments made before such commencement as well as the directions issued
by the Government for such assessments including the guidelines issued by the
government in Circular No. 45118/B2/92/LAD dated the 15th day of September,
1992 shall continue to be in force as if such assessments were made and the
directions issued under the provisions of this Act and such assessments and
directions shall be deemed to have commenced on and from the 1st day of April
1992; and"