Kerala act 016 of 2000 : The Kerala Decentralisation of Powers Act, 2000

Date: 9 May 2000

Department

Department of Law

Enforcement Date

21 Aug 1972

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283

THE KERALA DECENTRALISATION OF POWERS ACT, 2000

(Act 16 of 2000)

Co'IITENTs

Preamble

Sections:

I. Short tttle and commencement

2. Amendment of Act ii1 of 1082

3. Amendment of Act VI of 1096

4. Amendment to Act II of 1890

5. Amendment of Act III of 1931

6. Amendment of Madras Act, 18 of 1943

7. Amendment of Madras Act VII of 1947

8. Amendment to Madras Act 19 of 1949

9. Amendment to Act 34 of 1950

10. Amendment to Act 23 of 1952

11 Amendment to Act 16 of 1955

12. Amendment to Act 3 of 1955

13. Amendment to Act 7 of 1956

14. Amendment to Act 9 of 1957

15. Amendment of Act 8 of 1958

16. Amendment to Act 18 of 1958

17. Amendment to Act 32 of 1958

18. Amendment to Act 6 of 1959

19. Amendment of Act 30 of 1960

20. Amendment of Act 37 of 1961

21. Amendment of Act 26 of 1961

22. Amendment to Act 20 of 1961

23. Amendment to Act 40 of 1963

24. Amendment to Act 30 of 1963

25. Amendment of Act 17 of 1964

26. Amendment to Act 4 of 1967

--------

284

27. Amendment of Act 20 of 1967

28. Amendment of Act 24 of 1969

29. Amendment of Act 25 of 1968

30. Amendment of Act 19 of 1971

31. Amendment of Act 25 of 1972

32. Amendment to Act 19 of 1976

33. Amendment to Act 6 of 1977

34. Amendment to Act 14 of 1986

35. Amendment to Act 15 of 1989

36. Repeal of Certam enactments and Savmgs ' 37. Transfer of assets and habihties of the Rural Development Board to the Government

38. Effect of vestmg of assets and habilittcs of the Board

285

THE KERALA DECENTRALISATION OF POWERS ACT, 2000* (Act 16 of2000)

An Act to gwe effect to certam decentrnlzsatzon proposals of the Government of Kerala.

Preamble -WHEREA~ it IS expedient to g1ve effect to ct>rtain pro- p_osals of the Govewment of Kerala for decentralisation of powers to local self Government mstltutwns m the State and for matter; wnnected the1·ew1th or incidental thereto,

BE it enacted in the Fifty-fi1st yea1 of the Republic of India as follows:-

I. Short tztle and commencement -(I) This Act may be called the Kerala Decentrahsatton of Powers Act, 2000.

(2) Sub-sectiOn (2) of sectiOn 36, section 37 and ~e:tion 38 shall come mto force on such date as the Government rna; by noti- fication in the Gazette appmnt and the remammg provisions of this Act shall come mto force at once

2 Amendment to Act III of 1082.-ln the Cochin Ferues and ~ Toll~ Act, 1082 (III of 1082),-

(1) in Secnon 2, after clause (4), the following clauses shall be inserted, namcly:-

"(5) "Municipality" means a town panchayat, a muniCipal council or a mumcipal corporation constituted under sectwn 4 of the Kerala Municipality Act, 1994 (20 of 1994);

(6) "Village Panchayat" means a v1llage panchayat, con· ~tltuted under sectiOn 4 of the Kerala Panchayat RaJ Act, 1994 (I '3 of 1994). "'

(2) in section 3-,

(i) m the marginal heading for the word "D1wan" the words "A Mumcipahty or a Village Panchayat" shall be substituted; (i1) for the words "The Diwan may by notificatiOn m the S1rkar Gazette" the words "A Munic1pahty or a V1llage Panchayat may with the prior permission ~fthe Government" shall h! substituted, * Received the assent of the Governor on 9th day rfMay, 2000 and published in the Kerala Gazette Extraordinary No. 869 dated 12th May, 2000.

~/334-38

2B6

(3) afte1 section 3, the following scct1on ~hall be imerted, namely:--

"3A. Transfer of exzstmg femes to A1umczpalztzes and V zllage Pmzchayatr -All the ex1stmg fer 1 I<'S of the Govcll1ment shall b)'- '-'II tuc of th1~ ;cctwn be t1 ansfcu ed to the conce1 ned Mumc1paht} or the VIllage Panchayat a~ the case may be, for management.",

(4) for sectiOn 4, the followmg ~ection shall be substituted, namcly:--

"4 Management oj femes mzd collectwn of ferry charges and tol/s.- \Vhcr ever any such fen res and toll f5ales ;hall have been cstabhshed unde1 sectiOn 3 o. t.ansfened under sectiOn 3.\ the village panchayat or mumetpahty may lease out the 1 rght of lev} mg ferry charges and tolls or appomt such persons as 1t thmks fit to take charge of and manage such fer ncs and toll gates .1nd to collect such fe1 1 y charge~ and tolls unde1 th1s Act If such ught 1s leased out, the lessee or his duly authonscd agent shall thereupon be empowered t l collect such ferry charges and tolh m the hkc manner as any person appo111tecl as af01 e>ald and they shall mamt:un ;uch vessels for tl • ..:

usc of the ferry as may be duccted by the vrllage panchayat or mumci- 1• " pa Jty ..

(5) 111 >eCtl011 5,-

(r) 111 the margmal headmg for the wm d~ the WOJ d~ "A Mumc1paht', 01 a Vrllage Panchaya t'' tuted;

"The D1wan"

s!Mll be ;ubsti- {u) for the words "The D1wan may fiom umc to tunc, by notrficatron in S1rh.at Ga~ctte", the words "The MumCipahty or the Village Panchayat may from t1me to tunc by nouficatwn"

shall be substttutcd,

( 111) the followmg pr ov1so shall be added, namely.-

" Pm·•1dcd that the 1 a tcs foe toll> shall be rc' 1scd only \\> 11h th<' prwr permrssron of Covet nmcnt "

(6) m sectron 6, for the wmd "Drwan" 111 both the places where It 'xcurs the word, "a MumC!pahty or a Vrllagc Panchavat"

shall be ·;ubsututed,

(7) m scctro 1 7 lot the word "Dr wan" m three place> where it occurs the words "a Mu.11cipahtv or a Village Panchayat" ;hall be subsutntcd ·

(8) afte1 sectiOn 7 the loUowmg section ~hall be inserted, uamelv :·

287

"7 i\ Powo to take acl1011 for default by a Vzl/agr ParlChO)'Ol or a Munzczpofll)' -(I) If, at any wne, It appear~ to the Government that a Vtllage Panchayat or a Mumcipahty has made def,lU!t 111 perfm nung any duty 1m posed by or undet thts Act or in. ca11 ymg out any mders lawfully tssued by the Government, the Government may, by order in wntmg, fi'{ a pcuocl for the pe1 formance of~uch duty, 01 the ca 1 rymg 0u t of such order

(2) If~uchduty1snot perfmmed orsuch mdert~not carried

"out Witlun the period fixed under sub-section (I), the Covet nment may, after giving a reasonable opp01 tumty to the VIllage Panchayat or Mur.iCipahty as the ca~e may be, to explam why furthet acuon undl'r thts sectiOn may noL be punued, appomt any office1 or authonty to pe1form the duty 01 to carry out the functtons and may dir.~ct that the expenses mcm red therefor shall be patd f10m the fun i of the Village Panchayat 01 the MumCJpality as the case may be, Wtthm such ttme a~ may be ~peCihed by the Govewment.";

(9) m sect1on 8,-

(a) for the word "Dtwan" 111 both the places where It occun the wotd~ "a Mumctpahty or a Vtllage Panchayat" shall be substi- tuted, .. •

(b) fm the \\ ords "he shall b) nouce" the words "It ~hall by nnt1ce" ~hall be substituted.

(10) m sectiOn 9, for the word~ "the Sn:nr" the word~

"the Govet nment or a Mumopahty 01 a Panchayat ' shall be ~ub~ti- tute • .i,

(II) 1•1 section 10, fm the words '·prescubed by the Dewan's notificatiOn'' the wmds and figutc "pre~cnbcd under section 3"

~hall b(· substituted.

(12) sectiOn 13 ~!.all be om1tted

3 Amendme11t to Act VI of I 096 -In the Tt avancore Public Canals ami Pubhc FerrH.:~ 1\ct, 1096 (VI of 1096),-

( I) m ~ect1on 4,

" ''J\1umopahty" means a town panchay,H, a mumCJpal counnl or a mumC!pal co. porat1on constituted undet section 4 of the Kcrala M umCI pah ty Act, 1994 (20 of 1994) ,

' Panc!Jayat ' means a village panchayat, comtnuted under sect1on 4 of the Kerala Panchayat RaJ Act, 1994 (13 of 1994).";

288

(2) m section I 0, for the words "Our Government may establisl,." the words "The Municipality or the Panchayat may with the prioe penmss10n of the Government establish" ~hall be substituted,

(3) m section 11, fm the words "Our Government may by notification in Our Government Gazette" the words "The Mumci- pahty or th·~ Panchayat may by notification" shall be substituted, ( 4) in section 12,-

(a) for the words "Ou1 Govetnment" the words "The Munic,e pality or Panchayat" shall be substituted, (b; The following provi~o shall be added, namely.-

"Provided that new toll gates shall be estabhshed only w1th the pnor permission of the Gove~nment ";

(5) after section 12 the following sectiOn shall be inserted, namely:-

" 12A. Transfer if e;..zstzng femes to Mumczpalztzes and Panchayats- All the existing fernes of the Government shall by virtue of tim section be transferred to the concerned Munic1pahty 01 the Panchayat as the the case may be.";

(6) in ~ections 13 and 14 for the wmds "Our Gove1nment"

wherever they occur the words "The Mumcipality or Panchayat' sha

1' ~e substituted; ( 7) After secnon 14 the followmg sectiOn •hall be mserted namely:-

" 14A. Power to take actwn for default by a Mumczpaltty or a Panchayat --(I) If, at any t1me, It appears to the Government that panchayat or a mumc1pahty has made default m performmg any duty 1mposcd by or under tlus Act or m carrymg out any orders lawfully !~SHed by the Government, the Gove1nment may, by order in wnung, fix a penod for the performance of such duty, or the carrymg out of such order

(2) If such dut) 1s not performed 01 such 01 de1 1s not can·ied out W1tlun the penod hxed under sub-sectiOn (1), the Gov~mment ~- may, after gtvmg a reasonable oppm tumty to the panchayat o1 mumC!paiLty, as the case may be, to explam why furthe1 action under th1s sectwn may not be pUisued, appo.nt any office1 or authonty to perform the duty 01 to Cal ry out the functions and may direct that the expenses mcurred therefor shall be pa1d from the fund o~ the panchayat or the mumctpahty as the case may be w1tlun such time as may be speCified by the GoveiUmen}. ",

289

(8) Section 84 shall be omitted

4. Amendmc1>t to Act II of I890.-Jn the Madras Canals and Puhhc Ferries Act, 1890 (Madras Act II of 1890) ,-

(I)

following m section 3 after the definition of the term "ferry"

~hall be mse1 ted, namely·-

the

""2'v1unicipa1ity" means a to.l'n pancha)at, municipal counCil or a muniCipal corporatwn comtltuted under sectwn 4 of the Kerala Mumcipality Act, 1994 (20 of 1994),

"Panchayat" means a vllla3c panchayat, constituted under sectwn 4 of the Kerala Panchayat Raj Act, 1994 (13 of' 1994).";

(2) for s~ct10n 6, th~ followmg sections shall be substituted namely -

"6. Power of a Munzcrpalzl)· or a toll and to cstablzsh toll statzons -(I) may from tunc to ttme-

Panchayat to fix fees and rates of The Panchayat or municipality

(a) fix rates of fees payable for the licensing or registration ofve%els,

(b) With the ptior permtssion of the Government estabhsh statwns at which tolls ~hall be levied on vc~scls pa~sing along a canal or on passengers, vehtcles, animals or goods landed thercfwm, and fix the rates of ~uch toll~,

(c) fix fees for the use of pubhc landmg places, wharves, pters, Jetttes, do::k~, basms, lie-byes, s1dm_ss, shed> or warehouses wluc.h arc owned by them and provided for the accommodation of vessel~ usmg a canal 01 of good'> 01 passengets canied or to be carried thereon and for dem,urage on ves.,cl'i or goods dctamed therem.

(2) An 01dcr of~uch tolls or fees undCl clauses (b) and (c) ofsub-~ectwn (I) shall be exlubited to public v1cw m Engli~h and 111 the vern2..c.ular language of the chstnct at the places where such tolls or fcc~ are leviable

61\ Tranifer of exzstzng femes to Munzctpalztzes and Panclzayats.- All the ex1~tmg fcrnes of the Government shall by v1rtue of tins secuon be transfened to the i'dumcipalny or the Viliage Panchayat as the case may be, for management.",

(3) for section 10, the following sectwn shall be substttuted, namely.-

'I 0 Po,,:er of Munzczpalzl) or Panclza;•at to provzde for management of femes.-(!) A MumCipahty or a Panchayat may-

290

(a) provide for the management of any public ferry; or vehicles

ferry.

(b) authorise any person or goods across a channel to convey passengers, animals, by meam of vessels at any public

(2) All vessels used by a person authonsed under clause (b) of sub-sectiOn ( 1) shall be licensed and the Mumc1pality OI the Panch.1yat, as the case may be, may fix the fees payable for such licence.

(3) In the cases referred to in clauses (a) and (b) of sub-sectiOn (I) the muniCipality or the panchayat may levy charges at such rates as they may fix upon passengers, ammals, vehicles and goods conveyed across the ferry. /

(4) A notice m English and Malayalam specifymg th(' charges leviable at a ferry under ~ub-scctwn (3) shall be exhibited to public view on each side of the feuy ";

( 4) after section I 0, the followmg section

namely:-

shall be inserted,

" I 0 \ Power to take actzon for default by a Panchayat or a A1umcz- pahf)' -- ( 1) If at any time, It appears to the Government that a pa.nchayat or a mumopahty has made defa.ult m performmg any ~ duty unposed by or under this Act or in carrymg out any order<. lawfully issued by the Government, the Government may, by order 111 wntmg, fix a penod for the .performance of such duty, or the car1 ymg out of such order.

(2) If such duty IS not perfm·med or such 01der IS not carl'led out witlun the penod fixed under sub-sectiOn (I). the Government may, after giving a reasonable opportumt\ to the panchayat or mumo- pahty, as the case may be, to explam why furthe1· action under tillS sectiOn may not be pursued, appomt any officer or authonty to perform the duty or to carry out the functions a.nd may direct that the expenses mcurred therefor shall be paid from the fund of the Panchayat or the Mu111Clpahty, as the case may be, w1thm such tune as may be ~pecdied by the Goveinmcnt ", Sectwn 22 shall be omitted

'l. Amen1ment to Act III cif 1939 -In the Madras Pubhc Health Act, 1939 (Madras Act III of 1939),-

(1) 111 sectwn I fo1 snb-~ectwn (2), the follo.vmg sub-~~ction ~hall he substituted, namely -

~91

"(2) It extends to the whole of the Malaba1 D1stnct and the Kas.ugod taluk of south Kanara d1stnct as defined m clause (b) of ~ectwn 3 of the States Rcmgamsatwn Act, 1956 (Central Act 37 of 1956)",

(2) Section 2 shall be Omitted;

• ...

(3) m sect1on 3-,

(a) clause (3A) shall be omitted,

(b) for clauses (8) and (9), the following clauses shall 1espectively be substituted, namely.-

"(8) "Executtvc Authority" means any functionary of the loc,1l authouty concerned, who IS vested with general excctttive powc1s under the Kcrala P,mchayat Raj Act, 1994· (13 of 1994) or the Kerala Mumc1pality Act, 1994 (20 of 1994) or the local Tahs1ldar, as the case may be,

(9) "Ell.ecutJve Office1" means the paid officer, if any_ of the local authonty who JS mve~ted With general cxecuttve powe1s in the local area for which such authouty Is constituted under the Kerala Panchayat Raj Act, 1994 ( 13 of 1994) or the Kerala MumCI- pa!tty Act, 1994 (20 of 1994) or any officer subordmate to the local Tahsil dar, as the case may be, ·i'• • ..

"(20) "local authority" means a panchayat at any level con- ~tltuted under sect1on 4 of the Kerala Panchayat Raj Act, 1994 (13 of 1994) or a mumcipality constituted under sectiOn 4 of the Kerala Mumupahty Act, 1994 (20 of 1994)";

(d) fm clause (36) the followmg clause shall be substituted, namely:-

"(36) 5tltuted under 1994)·" . . ' '

"Urban local authouty" means a mumcipahty con- section 4 of the Kcrala MumCipality Act, 1994 (20 of

(4) m ~ectlon 4,-

(a) m sub--;cctiOn ( l), the words "of Madras" shall be omJtted.

(b) and m subsequent sectwns for the words "D1rector of Public Health" wherever they occur the words "Du ector of Health Services" shall be substituted;

(5) for section 9, the following section shall be substituted, namely.-

292

"9. Appointment or nommation of health officer.- ( 1) Every v1llage panchayat and mumcipahty shall have a Health Officer.

(2) Where in the area of a villa({e panchayat or municipality chen· is no health officer posted, the Government may nominate a mcdiGal officer scrvmg 111 any health mstttuuon under the comml of the village panchayat or municzpahty, as the case may be, to funcllon as the Health Officer ex-o.fficzo of that v1llage pancha yat or mumc1pah tv. Provided that if no such medzcal officer as aforesaid is available for nomination, the Government may nommatc a mcdtcal officc1· under the control of a nearby Village Panchayat or Mumcipality to function as the Health Officer e>.-oj}iczo ";

( 6) after section 16, the following section shall be inserted, namely:-

"16A. local authority Government. Local authonty to manage health znstztutzons.-( I) The shall manage health mstitutions transfened to 1t by

(2) No sale, mortgage, lease, pledge, "c.harge or tramfer r,f possession of any land appurtenant to a health institUtiOn transferied to a loc.il authonty shall be made and such land shall not be u-;ed for any purpose other than the purposes for which 1t was transferred to a local authority.

(3) The Government may issue directions to the local authority on matters relating to health pohcy, planmng for health faCilities, standards to be maintained, mode of admmJstration and 1t shall be the duty of the local authority to can-y them out.";

(7) section 143 B shall be omitted.

6. Amendmmt of Madras Act 18 of 1943.-ln the Madras lru~ation Works (Repairs, Improvement and ConstructiOn) Act, 1943 (Madras Act XVIII of 1943),-

( I) to section 6, the following explanation shall be added name!y:-

''Explanation.-For the purpose of this section, 'District Collector' means the Secretary as defined m clause (43) of sectiOn 2 of the Kerala Mumcipahty Act, 1994 (Act 20 of 1994) or m clause (XL) of Section 2 of the Kerala Panchayat Raj Act, 1994 (Act 13 of 1 ,94)

(2) in sub-section (I) of section 7,-

(i) the words "Fort St. George" shall be omitted; 'I

' !.

' l :r] ':

293

(it) for the wo1 ds "to any person or authority subordinate to the State Government"· the words "to the Panchayat and Mumct- paliues, as the case may be, constituted under the Kerala Panchayat Raj Act, 1994 (13 of 1994) and the Kerala Municipality Act, 1994 (20 of 1994) respecttvely", shall be substituted.

7. Amendment to Madras Act VII of 1941.-ln the Malabar lrrigct- tion Works (Construction and Levy of C~s~) Act, 1947 (Madras Act VII of 1947),-

(1)

clause (aa) namely-

in section 2,- clause (a) shall be relettered as so relettered the followmg as clause (aa), and before clause shall be inserted,

"(a) "Collec.or" means the Sec1 etary as defined in clause (:XI.) of sectiOn 2 of the Kerala Panchayat RaJ Act, 1994 ( 13 of 199'!) or m dame (43) of section 2 of1he Kcrala Mumctpahty Act, 19~>i (20 of 1994)," ;

(2) clause (d) shall be relettered as clause (db) and before clause (db) as so relettered the followmg clauses shall be inserted, namely.-

"(d) "Mumcipality" means a Mumctpahty constituted undet section 4 of the Kerala Mumctpality Act, 1994 (20 of 1994), (da) "Panchayat" means a Panchayat constituted under section 4 of the Kerala Panchayat Raj Act, 1994 ( 13 of 1994). ".

(2) After section 2, the followmg section shall be inserted, namely:-

"2A. Exercise of the powers of Govemment by the Panchayat or Mum- upalzty and zts employees -The powers confen·ed on the government under this Act except the powers under sec nons 7 and 20 shall, subject to such conditions and restnctions as may be prescnbed, be exerCised by Panchayat or the Mumcipahty or such other authOl;ty or officer as it may authorise, m respect of Irrigation works other than maJor proJeCts.".

•

8. Amendment to Madras Act 19 of 1949 -In the Madras Irrigation Tanks (Improvement) Act, 1949 (Madras Act 19 of 1949),-

(1) in sectiOn 2, clause (a) shall be relettered as clause (aa) of that section and before clause (aa) as so relettered, the followmg clause shall be inserted, namely.-

3/334-39

294

" (a) • 'District Collector" means the Secretary as defined Ill cla•Jse (43) o; secuon 2 of the Kerala Mumc1pahty Act, 1994 ( 20 of 1994) or as defined m cia use (XL) of section 2 of the Kerala Panchayat Raj Act, 1994 (13 of 1994)."·

(2) m Section 7,-

(a) in sub-sectwn (1), the words "Fort St. George" shall be omitted;

(b) for clause (b) of sub-section 2, the followmg clause shall be substituted, namely:-

"(b) The delegation of the powers of the Government under sectwn 3 to the Panchayat constituted under section 4 of the Keral a Panchayat Raj Act, 1994 (13 of 1994) or to the Mumcipality con- stituted under sectwn 4 of the Kerala Municipahty Act, 1994 (20 of 1994) 01 any other authotity or any officer of the Govctnmcnt ;ond the control and reviswn of the acts and proceedmgs of any such au thou ty or ofllcer. ".

9. Amendment to Act 34 of 1950.-In the Travancore-Cochin Ftsherie~ Act, 1950 (34 of 1950) ,-

( 1) m section 2, after the definition of "Fixed engine" the following definitiOn shall be inserted, namely.-

" "local authority'' means a village panchayat constituted under sectiOn 4 of the Kerala Panchayat Raj Act, 1994 ( 13 of 1994) or a muntclpzhty constituted undc1 section 4 of the Kcrala Municipality Act, '9'H (20 of 1994) ,";

,2) m sectwn 6 for the words "one hundred rupees" the words "one thousand rupees" shall be substituted;

(3) in sub-sectwn (I) of section 7, for the words "two hundred rupees" the words "two thousand 1·upees" shall be substituted;

(4) in sub-section (I) hundred rupees" the words substituted,

of section 8,

"two thousand for the words "two rupees" shall be

(5) to sectwn 9, the followmg shall be added at the end, namely.--

"by a local authority",

(6) for the first proviso to section 11, the following prov1so shall be substituted, namely:-

"Prov1ded that the Government or the local authority may, m the interests of sc1ent1fic research, exempt any person from taking out a licence under this Act ";

,_ __

295

(7) in sectiOn 12, for the

"Government or local authonty"

(8) in sectiOn 17, for the ''Government or local authonty"

word "Government",

shall be substlt'.lted; word "Government'",

shall be substituted;

the words

(9) in section 18, after the word "appeals", the words "to the local authority" shall be mserted;

(I 0) m section 22,-

(i) in the proviso to sub-section (4), for the words "at rupees five per acre" the words "at rupees one hundred and twenty five per hectare" shall be substttuted;

(ti) m sub-sectwn (5), for the words "one hundred rupees"

the words "five hundred rupees" shall be substttuted, ( 11) after sectiOn 23, the followmg section shall be inserted, namely:-

''23A. Recovery of rents, fees, etc , on account iffishzng leases and lzcences- All rents, fees and other moneys payable to local authonty on account of fishmg leases and licences granted by It shall be recovered m hke manner as if they wcr:! an eat~ ofland revenue ".

I 0. Amendment to Act 23 if 19.)2 -In the Tra vancore-Cochm Irrigation Tanks (PreservatiOn and Improvement) Act, 1952 (23 of 1952),-

( l) m section 2,-

(a) for clause (1), the followmg clause shall be substituted, namely-

"(t) "Collector" mcam the Dt~tnct Collector or Secretary of a village panchayat or a mumctpahty nottfied by the Government for thts purpose ' .

, (b) aftet clause (u), the followmg clauses shall be inserted, namely·-

-...( "(m) "Mumeipahty" means a mumcipahty constituted under sectton 4 of the Kerala Muniopahty Act, 1994 (20 of 1994); (tv) "Panchayat ' m~ans a vtllage panchayat constttuted under ~ection 4 of the Kerala Panchayat RaJ Act, 1994 (13 of 1994).".

(2) after section 3, the followmg section ~hall be mserted,

namely:-

291)

' 3A. ExPrczse of the powers of Government by the panclzayaf or municzpalzty -The powers conferred on the Government under this Act cxccpt the power under sub-section (2) of section 7 shall be exercised by the Panchayat or Mumcipality or such authonty or Officer as 1t may authonse subjeCt to such conditions and restrictions as may be specified by the 'Government by notification in the Gazette.".

11. Amendment to Act I 6 of I 955.-In the Travancore-Cochin Public Health Act, 1955 (XVI of 1955),-

( I) m section 2,-

(a) clause (6A) shall be om1~ted;

(b) for clause (10), ·the following clause, shall be substituted, namely:--

"(10) "Executive Authonty" means any functionary of the local authority concerned, who is vested with general executive powers under the Kcrala Panchayat RaJ Act, 1994 (13 of 1994) or the Kerala Mumcipahty Act, 1994 (20 of 19~4) or the local Tahsil dar, as the ca•.e may be;";

f I 1

·'(11)

':Execu 1

tiv~ Officedr" mehans the1paid officer, if any, ~ o a oca aut 10nty w 10 IS veste Wit genera executive powers m the area for wh1ch such authority IS constituted under the Kerala

Panchayat Raj Act, 1994 ( 13 of 199~) or the Kerala Municipality

Act, I994 (20 of 1994) or any officer subordmate to the locd

Tahsildar, as the case may be,.,,

(d) for clame (21), the following clause ~hall be substituted, namely:-·

"(21) "local authority" means a panchayat at any level constituted under section 4 of the Kcrala Panchayat Raj Act, I 994 ( 13 of 1994) or a municipality constituted under section 4 of the Kerala Municipality Act, 1994 (20 of 1994) ,'', '

(e) for clause (38), the followmg clause shall be substituted, namely·-· ~

"(38) stituted under ( 20 of 1994) ? ";

"urban local authority" means a municipality con- section 4 of the Kerala Mumcipahty Act, I994

(2) in section 3 and m the subsequent sections, for the words

"Director of Public Health" wherever they occur the words "Director of Health Services" shall be substituted;

' " '

297

(3) for sectwn 7, t:1c f':>!lowm~ 5Cction sh:11l b~ suh~tituted, namely·-

"7. Appozntment or nomznatw1z of Health Officer-( I) Every village panchayat and mumctpahty shall have a Health Officer,

(2) Where in the area of a village panchayat or municipality there is no Health Officer post~d, the Government may nommate a medical officer serving m any health institutiOn under the control of the village panchayat or munictpality, as the case may be, to function as the Health Officer ex-ojjiczo of that village panchayat or mumcipality

Provtded that tf no such mcchcal officer a5 aforesaid is available for nommatwn the Government may nommate a medtcal officer under the control of a nearby village panchayat or municipality to fuPcti0n as the Health Officer ex-officzo.",

. ( 4) after section 14, the followmg ~ectwn shall be added namely-

" l4A Local autlzanty to manage health znstztutwns -(I) The local authonty shall man

(2) No sale, mortgage, lease, pledge, charge or transfer of possessiOn of any land appurtenant to a health mstitutwn u·ansferrcd to a loc

(3) The Govemment m..1y Issue directiOns to the local authority on matteJ"s relatmg to health policy, planning for health faCilities, standards to be mamtamed, mo::lc of admmJstratiOn and It 5hall be. the duty of the local authonty to carry them out.".

(5) SectiOn 154A shfil! be omitted.

12 Amendment to Acl 3 tif,1955 -In the Madras Irngatwn (Levy of Betterment Contnbutwn) Act, 1955 (Madras Act 3 of 1955) -~ aftll' sect1on 12, the followmg sectwn shall be inserted, namely.-

"12A Exemsc of the powers ~/ Government by the Vzllagf' Panchayat or the Mumc:palzty and tts employees -The powers conferred on chc Government under this Act except the power under section 13 shall, subJect to such conditions and restnct10ns as may be prescribed, be exerc1scd by the Village Panchayat or Mumcipahty, as the case may be, constituted under the Kerala Panchayat Raj Act, 1994 (13 of ' ,

1994)

ctively respect

298

and the Kerala Mumctpality Act, 1994 (20 of I 994) rcspe- or such other authority or officer as it may authonse, m of 1rngat.10n works other than maJOr proJects ".

13. Amendment to Act 7 of 1956.-In the Travancorc-Cochm Irri- gation Act, 1956 (7 of 1956),-

(1) m sect10n 2,-

(a) for clause (1), the followmg clause shall be substituted, namely:--

"(I) "Collector" means the Distnct Collector or Secretarv of a Panchayat or a Mumcipahtv notified by the Go\'etnment for this purpose;" ; t

~:2) after clause (10), the followmg clause shall be inserted, namely:--

"(!Oa) "Mumcipahty" means a. muntCipa!tty constituted under section 4 of the Kerala Mumcipahty Act, 1994 (20 of 1994) ,";

(3) aft<."r clause ( 11 ), the following clause shall be mserted, namely:--

' (!Ia) "Panchayat" meam a pancha)at constttutrd under · sectiOn 4 of th<' Kerala Panchayat RaJ Act, 1994 ( 13 of 1994);",

(2) after section 3, the followmg sectiOn <;hall be inserted, namely.-

"3A Exerczse of the powers of Govm1ment by the Panchayat or the Mumcipalz~y.-The powers conferred on the Government under thts Act except the power under section 42 shall, subject to such con- ditions and restnctwns as may be prescribed. be e"

, (3) m sub-sectJ.On (2) of section

previous sanction of the St?.'.e Government''

4, the \\'ords "wtth

~hall be om1ttcd ,

the

(4) m sectiOn 6, for the word '·Collector" the wotds "Local ~- authorities" shall be substttuted

14. Amendment toAct9of 19:}7-lnthc KeralaKhadtand Vtlla~~ Industries Board Act, 195 7 (9 oi' 195 7) ,-

(1) after clause (u-a) m section 2, the follomng dame shall be inserted, namely -

__________________ _j

299

"(ti-b) "local authonty" mcam a panchayat at any level consututcd under secnon 4 of the Kerala Panchayat :t;{aJ Act, 1994 (13 of 1994) 01 a mumCipahty constituted unde1 section 4 of the Kerala MumCipahty Act, 1994 (20 of 1994).";

(2) m clause (a) of sub-section (2) of section 4, after the words "village industnes" the words "of whom one shall be from among the DistJICt Panchayat Presidents and one shall be from among the Mayors of a mumcipal corporati-:>:: or a Chairperson of a mumcjpahty" shall be mserted,

(3) after sub-section (5) of sectton 10, the followmg sub-section sh<>ll be inserted, namely.-

"(6) The local authorltles shall have power to superv1se the schemes of the Board formulated and funded by them ",

(4) m section 15,-

(a) m sub-sec non (I), after the words "vtllagc mdustues"

and before the words "and perform" the following words shall be inserted, namely.-

"and to ass1st the local authonttes m tmplementauon of the Schemes for the development ofKhadi and VIllage Industnes,",

(b) m sub-section (2),-

(1) Item (6) shall be omitted,

(u) fo1 Item (6a) the followmg shall be substituted, namely:-

' "(6a) to c?.rry on tradmg acttvmes by way oftunmng empona, neera bhavans, depots, manufactunng centres and the hke on request from a Panchayat 01 Mumc1pahty or Institution atded by the Board or mdtvtduals.";

(m) for Item (10), the followmg item shall be substituted, namely.-

"(10) to arrange f01 publicity and populansmg of goods manufactured in Khad1 and VIllage Industues by opemng stores, shops, exhtbttJOns and ~:he like and to carry on such activities incidental and conducive to the objects of thts Act and to perform such other functions as the Government may dtrect for the purpose of carrying out the objeCts of this Act;";

(5) m sectiOn 16,- (a)

satd powers"

acquue" sh .. dl m the first provtso to Item (1) the words "af01 esa1d powers be ~ubstttuted,

for the words "afore-

except the power to

300

(b) in item (n), aftei the word "Government" the words "or local authorities" shall be inserted,

(6) for section 161\, tuted, namely·- the followmg section shall be subst!-

" 161\ Delegatzon cif functzons v/ the Board to local authrmtzes.- The Govci nmcnt may by order delegate the functions of trc Ro.ud under th1s Act to the local authonties, subject to ~uch collditions as may be specified m that order ",

(7) m ~eC110n 17.-

(a) in sub-sectwn (I). for the \lOrd~ "forward to the Govern- ment a programme of work " the wm d>, figu,·es and b, ackets "forward to the Government and the Distnct Planning Committee consututcd under cection 53 of the Kerala Mumcipahty Act, 1994 (20 of 1994) a programme of work" shall be substituted,

(h) after sub-section (2), the followmg sub-sectiOn shall be inserted, namely -

"(3) The Distnct Plannmg Committee shall wlthm one month from the date of receipt of the ptogramme of wotk from the Board forward the same to the Government With Its recommendations ";

(8) m secuon 18, the wotds "after due cons1deratwn of the recommendations of the D1stnct Plannmg Committees" shall be added at the~>nd;

(9) in sectiOn 19, before the \\Old and figure 'sectton 18' the wo1d and figUie 'sectiOn 17' shall cc mscrt<..d, ( l 0) m section 19A, for the wo1d 'Govewn:er.t' the words

"Government and the D1stnct Planning Comm1ttee concerned" shall be substituted.

15 Amendment of Act 8 cif 1958.-In the Kcrala Land Conser- vancy Act, 195 7 (8 of 1958) ,-

(1) In the Explanation IV to clause (I) ofsectwn 3, for the words "or ro a mumCipal corporatiOn" the wotds "or to any Panchayat a~ defined m the Kerala Panchayat RaJ Act, 1994 (13 of 1994) or any mumcipality as defired m the Kerala MumClpahty Act, 1994 (20 of 1994)" shall be substituted;

(2) m ~ect10n 15 after the words "any officer" the words "m- cludmg the Sccretaues of Fan<..hayats and MuruCJpahties ., shall be inserted.

-..(

301

16 Amendment to Act 18 of 1958 -In the Kerala Lime Shells (Control) Act, 1957 (18 of 1958)-

(I)

(a) namely- m sub-section (l) for cla usc (b), of section 2,- the followmg clause shall bt> substituted,

"(b) "Licensmg Authouty'' means the Secretary of we local authmity within whose JUnsdiction the business of selling, col- lectmg or stocking of hmc shell IS earned on or p10po~cd to be carried on,"; ,

(b) after clause (c), the followmg clause shall be m~crtcd, namely·-

"(cc) "local authonty" means a VIllage Pancha'

•

(2) for sub-section (5) of section 3, the following sui:• section shall be substituted, namely -

"(5) Any per~on aggneved by an order of the Licensing i\uthonty under sub-section (3) 01 sub-sectiOn (4), may appeal to the Village panchayat or muniCipahtv as the case may be wJthm such ume and 111 such form, a~ may be prescnbed and the appeal shall be heard by the satd authority 111 such manner as may be prescnbcd and the decision of that authonty shall be final ".

17. Ame11dmellt to Act 32 of 1958 -In the Kcrala Cinemas RegUlation Act, 1958 (32 of 1958),-

(1) 111 section 2, after clause (I), the followmg clause sbal~ be inserted, namely.-

"(lA) "Local Authmity" means a village panchayat constitl'ted under section 4 of the Kcrala Panchayat Raj Act, 1994 (13 of 1994) or a muniC!pahty constituted under section 4 of the- Kcrala Municipality Act, 1994 (20 of 1994) as the case may be;",

(2) in section 4, for the words "Executive authority'' the word "Secretary" shall be substituted,

(3) 111 section 6,- ( a) m s u b-scction (I), for the words "the enactments specified in the Schedule as in force in any part of the State", the words, figures and brackets "the Kerala Panchayat Raj Act, 1994 ( 13 of 1994) and the Kerala Municipality Act, 1994 (20 of 1994)"

shall be substituted;

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(b) in sub-section (2), the words "and with the previous concurrence of the local authority concerned" shall be omitted;

(4) in section 10,- ( a) in sub-section ( 1), for the words "one thousand rupees" 1 he words "ten thousand rupees" and for the words

"oSte hundred rupees" the words "one thousand rupees" shall be substituted,

(b) m sub-section (2), for the words "one hundred rupees"

the words "one thousand rupees" shall be substituted,

(5) the Schedule shall be omitted.

18. Amendments to Act 6 of 1959 -In the Kerala Education Act, 1958 (6 of 1959),-

(1) In section 2,-

(a) after clause (1), the following clause shall be inserted, namely:~

"(lA) "D1stnct Educanonal Authority" means distnct educational authority constituted under sec non I 7,",

(b) after clause (3), the follo.,mg clause shall be inserted; 1 '\mely:-

"(3A; "Local Authonty" means a panchayat at any le\

(2) <- ftei section 5, the following sections shall be mscrted, nJ.mely:-

"5A. Management of Government Schools and Azded Schoo!J taken ovtr or acqurred b;• Govemmrnt -The management of every Govern- ment School and that of aided school 1aken O\-el or acquired b)· the Go\

(a) Pre-primary Schools and P:1· mary schools in 1 ural areas Village Panchayat having juris- chctwn oVer the area m wh1ch the school ts situate.

I' l

303

(b) High Schools (mcludmg lo\\cr pnmary or upper prima1 y secuon attached to !ugh schools) and h1gher secondary schools in rural areas

schools. high ~chools and higher secondary schools ;n urban areas

DistriCt Pancha) at ha"mg JUns- diCI!on 0\ er the area in v. hich the

Muninpahty havmg JUTi~dJctlon over the a~ca m wh1ch the school IS ~i tua te.

5B. Rerlrzclzon on ahenalrnn of proper/)' of Government Schools.-Not w1th5tanding anythmg contained 111 any law for the time bcmg in fmcr_· or m any dec1ee, judgement or order of any court, no sale, mortgage, lease, pledge. charge or transfer of posse<~ion of any l,md appurtenant to a Government School ve~ted wlth a local authouty under section 5A ~hall be made and mch land shall not be used for any purpose other than <"du<:ational pu rP,Oscs:

Provided that nothmg contamed m this section shall proh•bit ~urrender of any such land With the permisSion of the Government for the purpose of widemng of any road.";

(3) after ~ectton I 0, the followmg section a hall be inserted, namely-

"I OA. TemporarJ appozntment of teachers.-Su.bJcCt to ~uch terms and conditiOns as may be prcscnbed by the Government, the local authontymay make tempmo.1y appointment toany tcmporaryvacancy of a teacher Ill any ~chool under its management through the Employ- ment Exchange f10m arrong persom \dJO po~sr~s quahf.u1t1on~ pre~cnbed under sectiOn 10, and such appointment shall be made only upto the date of closmg of the school for the annual vacation or till a regular candidate~~ appointed agamst such vacancy, whichever 1s earlier '';

·-

tuted,

(4) for sections 17 and 18, the followmg sectiOns shall be substi- namely:-

"17. Establishment of Dr(/nct Educatr~nal Authonl),-(1) For tht> purro~e of a<~ociatmg peop!t- wtth th<> arlmimstratwn of educa11on and

to pr<>serve and sumulatf' local mterest m education affairs, each Di~tnrt Planmng Co mm1tte<> constituted under sf'ction 53 of tht! Kt.12la Municipalit\ Art 1994 (20of1994i shall <>stabh~h a District Educat•onal Autho11ty having JUilsdiction m the d1stnct.

304

(2) The District Educational Authority shall consist of the following persons, namely -

(a) the Distnct Panchayat Pre•ident, ex-officzo who shall be ill> chairperson;

(b) the Chairperson of the •tandmg committee for Health and Education in the Disttict Panchayat, ex-officzo;

. standing committee fo1· Health and Education 111 the District Panchayat,

(d) two persons elected fwm among the Presidents of the Village Panchayats, 111 the distuct of whom one shall be a woman;

(f) the Deputy Director of Education, who ~hall be the ex- offiuo Mcm bei' Secretary of the Committee;

(g) one person elected from among the Headma~ters of the Government High Schools in the distnct;

(h) one peison elected from among the Headmasters of Aided Hi~h Schools 111 the di£tiict,

(I) one pe1son elected from among the Headmaster:. of Govern- ment 1J pper Pnmary and Lower Primary Schools in the district, ( J) one person elected f10m among the Headmasters of Aided Uppci Pum:.Hy and Lower Pt·imary Schools in the district;

(k) t\\O persons nominated by the Government from among cducattonal experts, _

(I) two reprcsentatn es of the educational agencies in the district nommated by the Government.

(:3) The term ofoftice of the members other than the functiona- natles of the local authonties and o.-officzo members shall be five years from the date of the fit~t meeting ofthe Distuct Educational Authority. (4·) An out-going member shall contmue m office until the election or nomination, as the case may be, of his successor.

(5) The electiOn of the members of the Di~trict Educational Authollty shall be conducted 111 such manner as may be pre~cribed

(6) The term of office of a member elected or· nommatcd to fill a < asual vacancy shall be for so long only as the member whose place has been filled '~ otiid h

305

(7) It shall be lawful for the District Educational Authority to cxerose its powers under this Act notwithstanding any vacancy m the Authonty.

18. Functwns if the Dzstrzct Educatwnal Authorzt;•.-The District Educational Authority shall,-

(i) assess the educational needs of the district by conducung surveys or otherwise and prepare each year, schemes for the develop- ment of education and submit the same to the Di5tnct Planmng Committee mcluding the necessit), If any, for opemng new schools or upgradmg of existing schools;

(ii) supervise the implementation of the schemes related to the health and nutrition of school children;

(iii) promote conferences, exhibitiOns or other mcil~urcs calculated to create mterest m education among the public; and

(iv) carry out such other fumctions as mav be prescnbed or entrusted by the Distnct Planmng Committee, as the case may be 18A Educatwnaf Development Commzttee -( l) , The local auth01 ity concerned shall constitute an Educauonal Development Committee consistmg of such members as may be pi'esciibed for each school under Its management for attendmg to the welfare needs thereof

(2) The EducatiOnal Dndopmcnt Committee ~hall create an educational devclopmen' fund, m such mam1ci a~ may be ptcscti- bed, for the pU! pose of meeting the expenses that rna y a use m connection with the development of the school.", . (">) In section 30, for the wotd "Government", the w01ds <'local authority" shall be substituted,

(6) In section 34 for the words "Education Department" the word5 "Education Department or the local authority" shall be sub- stituted;

(8) For section 34A, the following sectiOn shall be substituted, 11amely .-

"34A. Drznkzng water and tozlet Jaczlztzes tn schools- The manager of every a1ded school or recogmsed school shall arran12e adequate toilet and dnnkmg water facihtic~ in the 5chools and furni'h a report to the Secretary of the local authority on such arrangements before the beginning of each academic year.

306

(2) On receipt ofareport under sub-section (1), theSecretary of the local authonty or the officer authonsed by him in this behalf shall impect and certify the adequacy of the arrangements made by the manager under that sub-sectiOn.

{3) The local authority shall arrange adequate toilet and drinking water facilities in the school& the management of wh1ch are vested m 1 t under secuon 7 A.".

I 9 Amendment of Act 30 of 1960.-In the Keraia Government Land A~s1gnment Act, 1960 (30 of 1960) the ex1sting section 3 shall be numbered as sub-section (I) of that sectiOn, and after the sub- sectiOn so re-numbered, the following sub-sectiOn shall be mserted, namely-

"(2) No Government land assignable for public purpose may be assigned under sub-sectwn (I) without consultmg the local authority as defined m ~he Kerala Panchayat RaJ Act, 1994 ( 13 of 1994) or the Kerala Mumc1pality Act, 1994 (20 of 1994) a~ the c.'se may be, and if such local authonty 1eqmres such land, for carry- ing out any of the functions assigned to it, Government rna) set apart •,uch land for that pmpose.".

20. Amendment of Act 37 of 1961.-ln the Kerala Survey and Bound.wcs Act, 1961 (37 of 1961), after sectiOn 4, the foiiO\~ing section shall be Inserted, namely:- 't;'

. "4A. Government may dzrect the survry and demarcat1011 of atry land; bPlongzng to local authorzty -Whenever a local authority as defined m the Kerala Panchayat RaJ Act, I 994 (I 3 of 1994) or in the Kerala Municipality Act, 1994 (20 of 1994) requests the Government for ~m·veying and demarcating the boundaries of any la,nd vested or owned by 1t, the Government or any officer or authonty authonscd by the Government in this behalf, by notification in the Ga.tettc shall get the land surveyed and demarcated "

21. Amendment to Act 26 of 1961 -In the Kerala Cattle Trespass Act, 1961 (26 of I96I) ,-

(I) In section 2,-

(a) clause (2) shall be onutted,

(b) for clause (3), the followmg dame shall be substituted, n'l.mcly --

" "local authontv" means a village pancl1ayat constltUt<'n nndcr \eCtJOn 4 of the Keral'l. Panchayat RaJ Act 1994 (13 of I ~9+ or a mumcipahty constituted under sectiOn 4 of the Ke1ala Muni< 1~ pality Act, 1994 (20 of I 994) .".

307

(2) for ~ection 3. the followir.g ~ection shall be <;uhstlluted, namely.-

"3 Establlshrmnt of pounds -( 1) Pounds :r.:;.y be established at mch places in each VIllage panchayat or muninpahty 1fthe local authonty so decide~.

~ (2) Any pound estahhshed m one local authonty m21y be used by the adjacent local authonty subject to the condi11ons a~ TPay ~e mutually agreed by the local authontlt:S concerned.",

(3) m sectiOn 5,-

(a) in sub-section (3), after the word "shall" the v.ords

"be as prescnbed" shall be mserted ,

(b) clauses (a) and (b) ofsub-sectwn (3) ~hall be omitted;

(c) sub-section (4) shall be omitted, ( 4) in sub-section (I) of sectwn 9, for the word~ "twenty fom ", the word "twelve" shall be substituted, 1.J) m section 10, the words "and such other officers as the Director may empower m th1s behalf" shall be omttted;

(6) m section 11,-

(a) the word "Director" wherever it occurs, shall be ~ub- stltutcd by the words "local authonty";

(b) m sub-sect.ton (3), the v.ords "or where there 1s no muni- Cipal , orporaoon, mumClpal council or panchayat, m such manner as the Government may irom time to orne direct" shall be omitted,

(7) m section II A, fo1 the words "Director" and "h1m" the words "local authonty" and "1t" shall respectively be substituted,

(8) m section l3.-

(a) m sub-sectiOn (1), the words "or to such officer as the Director specified m th1s behalf" shall be om1tted,

(b) m sub-section (2) the words "or the other officer"

and "by beat of drum" shall be omitted;

(i) for the word "Director" the words "local authority"

shall be substituted;

(ii) the words "or the said officer or any other officer subordinat~ to him deputed for that purpose" shall be omitted; (1ii) the proviso shall be omitted;

•

308

(9) in sub-section (1) of section 15, the words "or by such officer, as the case may be" shall be omitted;

(10) in sub-section (I) of section 17, the words "or where there is no Mumcipal Corpo1ation, Mumc1pal Council 01 Panchayat m such manner as the Government may from time to ume, direct" shall be omitted;

(II) msub-sectJon (2) ofsection 18 the words "theDirector or" and the words "or the Magistrate acting under Chapter V of this Act or a Civil Court, in w1itmg, stating the reasons for such order," shall be omitted;

(I ~n m section I 9, for the words "the Distnct Magistrate or any Magistrate authonsed to receive and try charges without reference by the Magistrate ofthe district" the words "local authority" shall be substituted,

(I 3) in sections 20 and 21 the words "the Magistrate"

wherever they occur the words "Secretary of the local authority" shall be subst1 tuted;

( 14) in section 22, for the words "in the manner provided for the recovery of fines under the Code of Criminal Procedure, 1898"

the words ''as if 1 t were arrears of public revenue due on land'' shall be substituted;

(15) section 31 shall be omitted.

22. Amendment to Act 20 of 1961.-ln the Kerala Local Authorities curertainments Tax Act, 1961 (20 of 1961),- ,

(I) in section 2, for clause (6), the following clause shall be substitut(:d, namely·-

"(6) "Local authority" means a. village panchayat con- stituted under section 4 of the Kerala Panchayat Raj Act, 1994 (I 3 of 1994) ol' a municipality constituted under section 4 of the Ketala Murucipality Act, I 994 (20 of 1994) ."; (2;, in section 3,-

~:a) for the words "not less than fifteen per cent and not f- more than thirty per cent", the words "not less than twenty four per cent .md not more than forty eight per cent" shall be substttuted; I b) the following proviSo shall be mserted, namely:-

"Provided that the rate thus fixed shall not be lower than the sum 1 of the entertainment ta~ levied under this section and additional tax J on entertamment levied -u-ncle' t_h_e_K_e_ra_I_a_A_d_di_t_I_o_n_a_l _T_a_x_o_n_E_n_t_e_r_tal_·_n_-__ j

)

309

ment and Surcharge on Show Tax Act, 1963 (22 of 1963) prevail- ing m the atea prwr to the date of commencement of the Kerala DecentralisatiOn of Powers Act, 2000 "

(3) afte1 section 3. the follo\\tr.~ ~cction ~hall be inserted, namely-

' "3A. Entertaznmmt tar O~< sealmg capnczty -Notwithstanding anythmg contamcd Jn ~ectwm 3 and 4, a local <~uthOltty may levy entert<~mm<"nt tax based on sratmg capaetty m the manner ptc~cribcd ,. ,

(4) m sectwn 6A,-

(a) m clau\c (a). for the wOJJs "twenty f:,·c 1Upcc>··, rhe word~ "hunrhecl rupee~" shall be •,t•bstitutcd,

(b) m cl.1use (b), for the words "fifteen Iupecs", the words "s1xtj rupees'' shall be sub~t1tutcd,

(5) r-ub-sectiOn (2) of scctton 7 ~hall be omitted,

(6) m ~ection 9,--

(a) in ~ub-scction (1),-

(t) 'fot the v.ord:, '·Chan man of a municipal council or th<.: Prc:;tclent of a Panchdyat", ·the '"ords "Chaupct~on of the mumctpali t y or PresH:1en t of the 'tllagr panchaya t" -hall be sub~tl tutrd, (n)

or the Dit ecto1

substituted,

iot the \'>Old~ "Duecto1 of MumCipal Admmi,llatJOn

of Panchayats .. , the \\Old "Govctnment" sl->all be

(b) m ~ub-scction (2), for the \\Ords "two hundred ruprcs ' the wmd~ "two thousand tupccs" 'hall be ~ub~tituted,

(7) in sub-section (I) of scctwn 10.-

(a) for the words 'two hundred rupees", the wo1ds ''two thousand 1upccs'' shall be 'ubsututed;

(b) after the words "hable to pa} any tall.", th<' \\Ords

"mrlt.dmg escaped tall.·' shall be inse1 ted,

"Expfanattcn -The te1m "cscarrd tax" shall mean and include any amount of tax detected 01 reve'aled to have been not 1 .,;d 01 to have r~caped a~se~smcnt on a \cuficauon by 1he hcensmg :u thonty or an authoused ofhccr and c.J.lculated or assessed\\ itb dctdtl~ collcctul durinrr hts m~pccuon 01 cnqmry. Such assc~~mrnt ~h

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(8) in sub-section (3) of section 12,-

(a) for the words "Dnector or such other officer not below the rank of Deputy Director as may be authorised hy lum ", the w01d~

"the Government 01 any officer authorised by the Govemment"

shall be ~ubstituted,

(b) the words "provided that in the ca~e of the bye-laws made by a mumcipal corporatiOn the apptoval shall be that of the Government" shall be omitted;

23. Amendment to Act 40 of J9G3 -In the Kerala Places of Public Resort Act, 1963 (40 of 1963).-

(a) for section 5, the followmg sectiOn shall be substituted, namely

"5 Authorzty to whom apphcatwn should be made.-An application under section 4 shall be made to the SecrctaJ'Y of the municipality or the village panchayat as the case may be.",

(b) for sub-section (3) of section II, the following shall be substituted, na mcly -

"(3) The appeal shall lie to the c.ounnl of the mumcipahty ~ or, as th-e case may be, the \illage panchayat conceined.",

(c) in section 13, for the w01d "Goveinmcnt", wheiever It occurs, the words, figures and biackct~ "the Appellate Tubunal~ constituted under sectwn 271 S ofthe Kerala Panchayat RaJ Act, 1994 (l3of 1994)" shallbcsubstituted,

(d) m ~ection 16,-

(I) 111 ~ub-sectwn (1). for thr 'AOid~ ·'five hundied ntpc<"s" the wotds "n,o thousand and five hum:1cd tupces' ~hall ht> substituted;

(11) after ~ub-sccuon (4) the follo\\IJlg sub-seuwn ~hall be mse1 tt>d, namely·-

"(')) The !Jcensmg authonty may, subject to such JC~t1•ct10n and cont1ol as may be presc1ibed, compound .my oflcnce punp,!,dblt under th1s Act, or any tules 01 bye-la\\S n adc dtcJcundeJ v.J,Jch may, by JUles. be declaied compoundable ...

24. Amendmmt to Act 30 of 1963.-In the Kerala Local Authonues LoansAct, 1963 (30ofl963),-

311

(I) m ~cction 2, f01 ci

"(I) "local nutho11ty" means any penon lcgall)' entitled to the contJOI OI management of any loca I fund 01 legally entitled to lmfose any cess, 1 ate, duty, lee or tax dnd mcludc~ the Panchayat or the CounCil of the MuniC!pahty,

E:>.planatwn.-A pe1 ~on mcam and mcludes any authority 01 body co1 pora te.";

(2) m sectiOn 3, after sub-~ect1on (2), the followmg sub-sectiOn ~hall be mserted, namely-

' ( 3)

fixed b) the

au thori ~ ·

The bon owmg pO\\ ers of a local a utholl1 y shall be Gove1nment miclation to the annual mcomc of that local P1ov1ded that nothmg m this sectiOn ~hall affect the Issuance of Revenue Bonds by the local autl·onty by plcdgmg the IeHnue stream f10m the piOJCCt nngfenccd by escrow accounts and credit enhance- nlrnts."

25 Amwdment of Act I 7 of I 964 --In the Ke1 ala Land Develop- m< r Act, 1964 (17 of 1964),-

(1) 111 section 2,- ( a) before clause (b), the followmg cia usr sha II be msc rted, namely-

"(a) ·'Boa1d' means the Kerala Land Development Board constituted under sectiOn 3 ;";

(b) fo1 cldust" (h), the lollowmg clame ~hall be sub~tituted, namely-

"(b) 'Collector" me am the Mcmbe1-Secrcta1 y of the D1stnct Planmng Con m1ttcc constituted under tht" Kr1ala MumCI- pallt)' A.ct, 19g4 (20 of 19g4) ",

·'(c) "Distnct Committee" means the DJstllct Land De- velopmrnt Committee referred tom sectiOn 5 ;".

(2) af,e1 sect1on 2, the followmg sections shall be inserted, namely-

312

"3. C'on tifhlzon of the Board-( I) The Go vet n ment ~hall for the purpose of can ying out the ptovt~toits of this Act constitute Land De vclo pmen t Board.

\:'i The Boa1 d ~hall conmt of-

:,J) the .\1imster for Ag1 iculture who ~hall be the Chan man,

(b) the .Mn11ster for the Local Self Go\·eJJtn.cnt who shall be the co-chan· man,

(d) the Secreta1 y, Aguculture, ex-officw,

(t) the Secreta! y, Local Self Govern rnt 1'>..-f)ffirzo,

(f) the Secretary to Govctnmrnt, Depattmcnt of I!Hgation' f\-of!itw

(g)

(h)

(i)

(J)

(h.} the Stdte Land Cse Co mtsstoncr, e.\-oj}1czo, the Chtef Cngmeet in cha1 ge of I tllgatwn, ex-of!icro, ' the Clucf conset vatot of Forest o.-~[Jiczo, the Dnecto1 of AgttcultUJ e, ex-officzo, the Vtce Chancellor of Kerala Agnculture Umversitv, o.-of!icw,

(I) the Director, Cenlle for Water R~outce~ Development alll; 1' a agement, Kozhtkode l'x-nJ/IciO; ,.•1) the Duccto1, Centre fm Ea1th Sc1ence StudJcs Th11 U\·;:man' •~ puram, ex-oflloo

(n) ,be Ditcttor, Kcrala Fo1est Rncmch Jmtltute, Pcech1, e>c-fJ.fjiclrJ;

(o) nommce 0flnchan Council for Agncultme Rcseatch;

(p) nommec of Na twnal Retrote Sensu.g AgcJ~C} ,

(3) 1 he Agucultut e ProductiOn Cornmtsswner shall be the Member-Secretary to the Board

(4) :'\II communicatiOns and orders ofthc Boa1d shall be tssued by the Membct-Sccret<~Jy or by such officer subo1dmate to htm as may be authorised by the Board m tillS behd!f

shall Frmclzons of the Board- (I) be,-

The [unctiOns of the Board

(a) to direct the Dtstrict Commlttecs ior the prepa1at10n of draft ~chemcs ~tthm thetr respectne JUnsdictton,

(b) to constder and approve the draft schemes ptepared by the Dtstrict Committees;

313

(d) to fix the physical and financ1al targets for each district;

(e) to perform such other functwns as way be specified in this Act or 111 the rules made thrreunder, for

(f) to adv1~e Goven.mcnt on the s11atcgics to Lc followed land and water conservation as well as cco-restorauon, and

(g) to advise Go'vc!Dmcnt on·the p1i01ity areas, technology ophons re~carch needs and pro,<~de fccd-b<'ck on ''orb taken up.

(2) '..'•; •hout prCjudtcc to th(' functions specified m sub-section (1). If any gr01nt IS n.ade or loan advanced to tlw Dt~ttict Committee, or Padasckh<:tam Comnnttee under section 18 to cany out any scheme, tl:e Board ~hall take nccessa 1 y ~tq:s to ca11 y out the scheme by the officrr or Pada~cJ...haram Committee ap~omtcd lm the purpose m accO!dancc \\lth the terms and condlUons under whtch such grant or lo

•

5 Consltlutwn of D;slrtcl Commtllfes- The D1stuct Planmng Committee constituted unde1 thr Ke1 ala Mumc1pahty Act, 1994 (20 of 1994) shall function as a Dtstnct Land Dcvdopwent Commttttee 111 ''· h1ch the foi!O\\IPg pcr~ons ~h:=dl al~o be mcludccl, na mdy - the Dtstuct Agnculture Office1 ,

the Dt~tl'lct Soil Cor-~t n at1011 Offiu:'!,

(

(b)

(d) the D1 Vl~tonal F vrest Officer ha" mg JU 11sdic t1on 111 the D1s trict ".

(3) 1 n sectwn 7 - , (i)

" (I ) before clause (2)_ the follo\\lng sind! be mse1 ten, n<' n·cly - to make rcconmendatwns to the Bo~1d as to the a1ra for "'hich srhewcs' nay be p1epaicd" m the d1strtct

(h) for clause (2), the following ~hall be substitt.tcd>. namely.-

"(2) to prepare schemes for areas m the dtsmct on the dtreetwn of the Board ".

,.^----------

314

(iii) after clause (4), the following clauses shall be inserted, namely -

"(5) to carry out the instructiOns Issued by the Board f10m time to time.

(6) to 1s~ue approval for the schemes prepared ".

(4) after ~cction 7B the followmg sections shall be mscrtcd, namely.--

"7C Watershed Commzttee.-( I) The District P!annmg Committee constituted under the Kerala Mumcip

C~) The manner of constitutiOn of Water~hed Committee shall be such as may be prescnbed.

7D. Fwzctwns nf tlzr Waterrhed Cmnmt/ler -The Wate1~hed Com- mittee ~hall cxeJ'Cise ~uch powers and discharge ~uch duties as may be prescr1 b<> I ".

(i) for ~ection 12, the followmg section ~hall be ~~~b~tltuted, namely:--

"12. Power of the DtSlrzct Commtltee to sanctzon rchemer -i\ftt· r considc1 ing the obJeCtiOns dnd the report and recommendatiOns of the Inquu y : llhce1 the D1stnct Committee may sanctiOn a scheme Prov~

(6) in section 14, sub-sectwns (2), (3) and (4) shall be omitted, ( 7) after section 15, the followmg sectwn shall be mserted, namely-

•· I SA, Power of Governmmt to dtrect local autlwrzl_} tn take up schemes.--Notw1thstandmg anythmg contamed 111 tlus Act, the Govern- ment may direct any local authoitty as defined m the Kerala Panchayat RaJ Act, 1994 (13 of 1994) or m the Ke1ala MuniCipality Act, I

26 Amendment to Act 4 of 1967.-In the Ke1ala PJeventJon and Control of Ammal D1scases Act, 1967 (4 of 1967), m clause (a) of sub-sectiOn (5) of section 17,-

\^/ \

'^\ /

)

315

(a) fori tem (i) the followmg Item shall be substituted, na mcly ·-

"(i) m the office of the village panchayat or tl~e municipality, as the ca~e may l'e, \\ 1thm the JUI'I~chc:tiOn of winch the mferted area IS ~It ua tf'd and 111 the local \'CtcllnaJ v m~ tit utwn and m the K ri~h1 Bha van, ',

(b) m item (ii), for the words "m the office of the National E"tem10n BJork", the v.ords "m the office of the Block Panchayat"

slwll he substituted

27. Amendment of Act. 20 of 1967.-ln the Kc1ala Irrigation Wm ks (Execution by JOint Labour) Act, 1967-

(I) m section 2 the Cli.J

"(a) "local authorit)" means a panchayat at any level constituted under section 4 of the Kerala Panchayat RaJ Act, I 994 (13 of 1994) or a mumopahty constituted under ~cction 4 ol the Kerala Municipality Act, 1994 (20ofl994).",

(2) m section 3 -

(a) m sub-section (I). for the v.ord~ "or any otlier officer"

the words "or agncultural officers of local authonty" shall be substi- tuted,

(b) m sub-section (3), for the words "or such other officer'' the w01ds "or the agricultural officc1 of the local authority" shall be substituted,

(3) m section 4,-·

(a) in sub-sectiOn (I), for the v.ords "or any other officer"

and "or such other officer'' the words "01 the agricultural officer of the local authonty" shall re~pectivcly be substituted,

(b) in ~ub-section (2), for the words "or other officer" the words "or the agricultural officer of the local autbority" shall be sub~ti- tuted,

the WOI ds "or the ag IICU!ttu a! officer of the local au thon ty" shall be ~ubstituted,

(d) m sub-sectiOn (4), for the words "or any othc1 offifcr"

the words "or the agncultlllal officer of the local authority' :hall be substituted,

(c) m sub-scchon (5), foe the words "or other officer" the words "o1 the agricultural officer of the local authonty" sh'all be substituted;

316

( 4) in section ( 5), for the words "or the officer" the wo1 ds

"or the ag1icultural officc1 of the local authouty" ~hall be ~ub~tituted.

28. Ammdmerzt to Act 2 uf 1969.-Jn the Kerala P;Hks Plav fields and Oprn spaces (PreseJ\·atJOn and Rrgulauon) Act, 1968,- · ( 1) m sectton I ,-

(1) for sub-scctwn (4), 1hc follo\'\mg ~ub-~ectwn 5h:ill le ~·1bsti1 utcd, namely.-

"(4) It shall J.pply to every murilcipahty constituted under section 4 of thr Kerala MuniCipality Act, 1994 (20 of 1994) and evcl'l village panchayat constituted undc1 secuon 4 ofthe Kerala Panchayat Raj Act, 1994 (13 of 1994).",

(u) sub-secuon (3) shall be omitted,

(2) m section 2.-

(i) for clause (a), the following clause ~hall be ~ub~tltuted, namcly:-

"(a) ".CxecutJve Authonty'' means the Secretdry of the mum cipal11y or the 'village panchayat as the case may be,", (1i) after clause (a), the follO\\ing clause shall be u-.~el trd namely:- ')-

"(aa) "local authority" means the village panchayat con· stituted under section 4 of tl:e Kerala Panchayat Ra 1 Act. 199·~ ( 13 of 1994) or the mumc1pahty con~ututed under ~cellon 4 of th(:

Ke1·al.1 Mumc1pahty Act, 199~ (20 of 1994) ,",

(3) m ~ub-secuon (4) of section 4,-

(a) for the words "to the Government m wntmg", the \'\Ord•.

"to the Appellate Tnbunal constituted under sect10n 271S ol th(' Kera1a Panchayat Raj Act, 1994" ~hall be ~ub~ntuted,

(b) m sub-section (5), for the l..vord 'Government'' the wOid'>

"the Appellate Tribunal" ~hall be substituted,

''(6) The Appellate Tnbunal shall cause the hst ~s rccievec1 undenub-sectwn (5) to be published m the Ga;ctte.",

(4)

(I)

s ..JbStltuted, m secuon 5,- for sub-sectiOn namely:-

•(1), the followmg sub-~ecuon ~hall be

i f

{

f i

--< '

. 317

"(I) The local authonty concrrned rray, at any time, eithe1 suo motu or on the request of any person mterested add to, vary or revoke a hst pubhshed under .:;ect10n 4 after following the procedure m section 5.",

(ii) in sub-section (2),-

(a) for the word "Government" the words "local authority"

shall be substituted,

(b) the words "the local authority or" shall be omitted, (in) in sub-section (3), for the word "Government" the words "local authonty" shall be substituted; (1v) for sub-section (4), the following sub-section shall be substituted, namely:-

•

"(4) The Government shall have powe1 to add to the list only aftet consulting the local authority.";

(e) in section 13,- ' (1) m the margmal headmg, for the w01·ds "Control of Government" the wo1ds "Role of Government" shall be substituted; (1i) 111 sub-section (2), for the words and figures, "Ss. 41, 4IA and 42 of the Kerala Mumcipal Corporation Act, 1961 (30 of 1961) or Ss. 43 and 49 of the Kerala Mumc1pahties Act, 1960 (14 of 1961) or Ss 48 and 56 of the Kerala Panchayat Act, 1960 (32 of 1960)", the words and figUies "sections 188 and 194 of the Ke1ala Panchayat Raj Act, 1994 (13 of 1994) or secnons 56 and 61 of the Kerala Mumc1pality Act, 1994 (20 ol 1994)" shall be substituted.

(f) ~ection 13A shall be omitted.

29 Ame11dment of Act 25 of 1968.-ln the Kerala Pubhc Building~ (Eviction of Unauthorised Occupants) Act, 1968 (25 of 1968) ,- ( l) 111 section 2, for clause (b), the folLowing clause shall be substituted, namely:-

"(b) "local authority" means a panchayat at any level constituted under the Kerala Panchayat Raj Act, 1994 or a Mumci- pahty constituted under the Kerala Mumcipality Act, 1994 or any other authority, by whatever name called, constituted under any law for the time being m force for the development of any local area,".

(2) in section 3, for sub-clause (1) of the provi~o to clause (a), the following sub-clause shall be substituted, namely.- 3/334-42

•

318

"(1) In the case of a local authouty, tl _ Secreta I) of th<"

local authonty and 111 the case of any other authority, the executive authority of that authonty "

30. Amendme11l of Act 19 of 1971.-In the Ke1ala State Housin15 Board .\ct, 1971 (19 of 1971),-

(1) m sectiOn 2, after clause 9, the follov. mg clause shall be inserted, namely -

"(9A) "local authottty" means;- P;,nchay

tuted;

(2)

( .t) in SeCtiOn 1,-- 111 clause (c),-

(1) for the v.md "mne" the v.o1d "clc,cn" shall be subsu- (i1) aftet the wolds "Scheduled Tribe~" the words '·and of whom two shall be f10m among the Pr<..~Idents 01 Chaupersons of the local authorities" shall be mserted, .

(b) after clause (c), the followmg p1'0\ 1so shall be added, namely·--

" PJOVJded that the tc1 m of office of a member nom mated from among the Prest dents or Ch;::npe• som of the local authot ittc~ shall be co-termmu~ with the tel m of his office as such President 01 ('h . , , a1 rperson. ,

(3) after sub-,cction (2) of section 39, the followmg sub-sectiOn ~hall be i11scrted, namely -

"(3) At the m<.tance of the local autho11ty and wtth the apprO\ ::11 of 1 he Go' c1 n rr.cnt, the Board shall h a me and execute such Schemes for poramboJ..<' dwrllels and homeless poo1 as may be p10posed by any local autho11ty and app10ved bv Go-.el nment

(4) The expenses for execution of the ~cheme ~hall be met f10m a separate fund, namely the Relief Fund to be admm1qu·ed by the Board to v. h1ch mte1 ested pe som institutiOns, Covem ment owned compamf'5 and Corpnrations, the local authonties and the Board may contribute penodtcally.".

(1) after sub-sectiOn (2) of sectiOn 41, the following ~ub-sectwn shall be msc1ted, namdy-

"(3) In respect oflo.ms and ad,anccs to private mdividuals having government subsidy, the selection of benefiCiaries shall be made -,_

319

by the local bodie~ on the ba~is of not ms fixed by the Boat d and a II co mplam tb rega rdmq til<" ~electiOn of the benefictat ies shall be settled by the P.oard 1 he local bod!l's shall rendet necf'ssaJ y asst~tan<'e to the Boa1d f01 the tccovet)' of dun from the benefiCJaues for such scheme~."

(5) m sub-sectwn (I) of sectwn 45. aftet the \\Otd~ "the ~~ Boatd may, frame" the word~ "wtth the pre\ ious app10val of the loca I authouty conce1ned ' sh,lll be mserted

(6) 111 clame (d) ofsub-~<'ctlon (I) of ~cctwn 46, th~ w01d~

"m consultation with the lof'al authouty concerr,ed ' ~hall be 111set ted at the end;

(7)

"Secretary tn ~eetwn 53, for the \\Ords "e .... ccutt 'e oflicet ' of the local authonty'· ~hall be sub~tttuted the "'ords

(3) for sub-sec lion (I) of secuon 60, the followmg ~hall be substituted, namely-

" (I) Whet c a ~tt ect sc_hcme or any othct Sl heme has the app10val of the local authouty concerned,

(9) after scctwn 156, the followmg ~eetwn shall be mserted namely-

"156.-\ lmplementatzon of hoz,smg rcizemc for eco11omzcally u.>caker rectwm -(I) Any ~cheme mtended to benefit the economtcally weaker secttons m the rural or 111 ban a1ca may be planner! by the Boatd in as~oeiatiOn wtth the local 2.utho11ty concewed and as fat as po~stble shall be e\.eeuted by ~uch local autho11ty \lith the techmcal advtcc of the Boatd. 1fso requtred

(2) The local all:houty may pteparc plan and implement schemes for 1 u1 a] or urbao }- Jusmg fm cconomtcally '"'eakcr sec liens in ..vhirh casethe BoaJdshall 1cnder necessatytechmcaladvtce.".

'31 Amendment to Act 25 of I 972 -In the Kerala Plant Dtfe::tscs and Pests Act, 1972 (15 of 1972),-

( 1) m ~cellon 2,

(1) clause (b) shall be omitted;

,------

320

(ii) after clause (c), the following clause shall be inserted, namely:-

''(cc) "local authm;ty" means a distuct panchayat consti- tuted under section 4 of the Kei ala Panchayat RaJ Act, 1994 ( 13 of 1994) or a mumcipality constituted under sectiOn 4 of the Kerala Municipality Act, 1994 (20 of 1994).", .

(2)

Collector"

in clause (d) of sectiOn 3, for the words "the District the words "the local authority" shall be substituted;

(3) for the words "the District Collectoi" occuning in sub- section (I) ofscction 4, wb-scction (I) of section 7, clauses (a) and (b) of sub-section (I) of section 8, sub-sections (I), (2) and (3) of sectiOn 9 and section 12, the words "Secietary of the local authoiity"

shall re~pectively be substituted;

( 4) m section 12, for the word~ "All Village Officers, VIllage Extension Officers", the words "The Agricultural Office1s m cha1ge of a village panchayat area or a mumcipal area" and for the words

" make a further report to the Government" the word~ "make a report to the local authority concerned and the Government" shall respectively be substituted,

(5) for section 13,the follo\lingshall besubstitutcd,namcly-

" 13. Appomtment of ft~spectzng OJ!icers.-The Government or the local authority concerned may appomt Agricultural Officers 111 charge of village panchayat area or mumcipal aica a~ Inspectmg Oflicers thereof.''.

32. Amendment to Act 19 of I 976.-In the Kerala Motor Vehicles Taxation Act, 1976 ( 19 of 1976), for section 19, the following section shall be substituted, namely.-

" 19. Sharzng of the proceeds of tax u ztlz local authorzlzes -F1 om the p10ceeds of the tax collected under this Act every yca1 there shall be paid before the end of the succeedmg year to each local authouty such sha1e thereof as the Government may fwm time to time fi:... With reference to the recommendatiOn, if any, made in this behalf by the State Finance Commission constituted under Article 243 I of the Comu- t•Ithn of India.".

33. Amendment (6 of 1977) ,- to Arf 5 of 1977.-In the Kerala Tolls Act, 1976

(I)

inserted, m section 2 after clause (c), the following clause ~hall be namely.-

' t

)

(

' J ~

{ < ! j

l . .

321

"(ca) "Local Aithority" means a panchayat at any level constituted under section 4 of the Kerala Panchayat RaJ Act, 1994. ( 13 of 1994) or a mumcipahty constituted under sectiOn 4 of the Kerala Municipality Act, 1994 (20 of 1994) ,";

(2) after sectwn 3A, the following section shall be mserted namely-

"3AA. Levy of Toll ·by local auth~ntzes.-(1) Notwithstanding anythmg contamed in section 3 or section 3A, a local authority may levy at toll on every motor vehicle entering a bndge constructed by It on any road or land vested m It utihsmg \vholly or partly its own funds or funds raised by It by loans from financial msutuuons, and declared open for traffic on 01 after 1st day of Apnl 2000.

(2) The toll under section (I) shall be levied at such rate and for such pcnod as the local authority may declare to be necessary for the reco\ cry of the amounts expended upon such bridge by the local authority or such portiOn thereof as may be decided by the local authOJity together With mterest and other ovcihcad charges, at such rates as It may fix.

(3) The toll leviable under this section shall be collected by the local authouty m such manner and m accordance \Vith such IU!es as may be prescnbed. a

(4) A local authonty may take up \\Orks on constructiOn of biidges on build opel ate-transfer basis by gl\ mg concos!On on col- lecting tolls to the puvate mvestor m such manner as may b(' prcscnbed."

34 Amendment to Act 14 of 1986.-In the Ke1ala Water Supply and Sewerage Act, 1986 (14 of 1986),-

( l) after s ub-scctton ( 4) of section l8A, the following sub- section shall be added, namely -

"(5) The Authouty shall render necessary tcchrucal servic('s to the local bodies f01 plannmg, executiOn and runmng of watCI supply and SC\\erage schemes m thcmannc1 prescnbed b} Govunmcnt.

(6) Every local body is f1ee to stdrt thci1 own watc1 ~upply <..nd ~ewcrage scheme either mdividually or as g10up o"f lora! bodies and to fix their own user charges as may be prescHbcd.".

(2) after 5ectwn 18A, the following secuon shall be inserted, namely-

"18B Power of Authorzt;• to transfer ~hater supply se1vzces to local bodzes- ( l) Notwithstandmg anything this Act, the Authority,-

and sewerage

contained in

•

322

(a) shall transfer any water supply scheme 01 scwe1age serv1cc covering the a1 ea of a smp-lc v1llagc po.nchayat · and

(b) may t1ansfc1 any wate1 supply scheme 01 ~e\\Clagc serv1ce covel mg the ;:n ca of a single muniClp<~hty, on a 1e•luest from such village panchayat 01 the mumcipahty, as the case may be m the manner, as may be p1escubecl.

(2) The Authout) may, 1fth!")' cons1der 1t neccssmy to do so, t1 ansfe1 any water supply 01 sewc1 age serv1ccs to the village panrhay;Jt or the rnnmcipahty conre1 ned m the mannu as may be p1 cscnbcd.

(3) The Authouty shaJI 1encler all nccessmy tcchmcal services to the lo< al bod1rs for pl<'nmng, nccut10n and 1 unmng of water supply

(I) and (2) 111 the manner as may be p1 escubed

(4) The Authonty may collect f10m the local bodirs concrrned necessarY tanff for street taps prov1dt>d by it withm the' local hmlts of the said local bodies at the 1<1tes as may be fixed by Govc1nment.".

(3) after sub-sectiOn (3) of ~ect10n 40, the followmg sub- sectiOn ~hall be added, namely -

"U) For schcmrs operated by the r\uthonty, neres~ ..ed by the Government. Government may deduct the tanfls from g1ants due to tile local bod1cs. \\/here any doubt or d1sp11tc a1 ises bct\>cen the local body and the Authonty m 1 egat d to the assessment of the taliff such doubt 01 dtspute shall be 1cferrcd to an appellate authoutv prescnbcd by the Government and Its deos10n theieon shall be I ina!.".

35. Amendme11t to Act 15 of 1989 -In the Ke1ala Pubhc Liblaues (Kerala G1andhasala Sanghom) Act, 1989 (15 of 1989),-

(I) 111 sub-sccuon (2) of scct1on 3, after the \\OJ ds "elected by the general body of District Libiary Counol" the \\Ords "thicc membe1s elected f1·om among the DI~tuct Panchayat members of the State one memb!"r elected from among the councillors of the the mumcipahties of the State", shall be inserted;

(2) in clause (i) ofsub-section (!) of ~ection 8, items (1v) and (vi) shall be omitted,

(3)

(4)

(1)

the 1)lOVIso to sub-sectiOn (I) of section IOshall be omitted; ;n sub-sect10n (I) of section II,-

in clause (b), the last word "and" shall be omitted;

, I

323

(ii) afte1 clause (c), the followin~ clat·~fS ~hall he ii~~eJtcd namely.-

"(d) one membc1 elected fwm among the D1stJict P;mchayat members. and

( 1) the p1 oviso to s u lNect10n (I) of sect1on 18 ~hall be omlttcd,

(G) fo1 sub-sectiOn (I) of section 19. the following sub-section shall be substituted, namely-

" (I) Eve1 y Taluk Library Cou no) ~hall u,n~,~t of,- ( a) two mrmhcrs elected f10m mnong the ville1ge panchayat presidents m the taluk,

(b) one member elected from among the muniCipal chair- pe!Sons (if an)) in the taluk; and

(7) m sub-sectwn (I) of sectiOn 29, after the \\Oids "D1strict Library CounCil may" the \\Ords "in consultation w1th the D1stnct Planmng Committee" shall be inselted;

(8) m section 48,-

(1) for sub-sectiOn (2) and the prov1so thereunder, the follow- mg shall be substituted, namely -

' "(2) Notwithstandmg anything contained in the Kerala Pancha)at Raj Act, 1994 (13 of 1994) or in the Kerala Municipality Act, 1994 (20 of 1994), the cess levied under ~ub-sectwn (I) shall be collected in an area witlun the jurisdiction of a village panchayat, by that village panchayat and man area \\Ithm the JUrischctiOn of a mumc1pahty, by that muniCipality as ifthe cess ''ere a property tax payable under the said Acts as the case rna) be, and the provisions of the said Acts as far as the procedure for collection of tax ~hall apply d. I , acror mg y. ;

(u) for sub-section (3 ), the followmg sub-sectiOn shall be substituted, namely- '

"(3) The cess collected under sub-section (2), less collection charges at the rate spectfied by the Gove1 nmcnt, shall be pa1d to the State Library Council by the village panchayat 01 the mumCJpahty, as the case may be, within three months from the date of such collection:

. 324

Provided that the cess collected by a municipality or a village panchayat under this Act IS not paid on 01 befme the due date, the concerned local authouty shall pay the said amount to the State Library Council together With penalty at the rate of two per cent per mensem f10m the date from which it was due. Provided further that the Secretary and President 01 Chairperson of the local authouty concerned shall be JOintly responsible for all belated payments and any amount paid to the State LibJaiy Council by way of penalty shall be reahsed f10n1 such Secretary and President or Chatrperson of the local authoiity.".

36. Repeal of certain enactments and savzngs -(I) The Kerala Hackn(y Camages Act, 1963 (18of 1963) and the Kerala Additional Tax on Entertainments and SUichaige on Show Tax Act, 1963 (22 ol 1963) are hereby repealed

Provided that the repeal shall not affect-

(a) the previous operation of any law so repealed OI anything duly done or suffered thereunder; or

(b) any right, privilege, obligation or liability acquired, accrued or mcurred under any law so Iepealcd; or

(2) SubjeCt to the provisions contained in sectiOns 37 and 38, the Kerala State Rural Development Boatd Act, 1971 (15 of 1971) IS hereby repealed.

3 7. Transfer of assets and lzabzlzties of the Rural Developmetzt Board to the Gouernment.-(1) On the date of coming into lmce ofthis secuon Kerala State Rural Development Board constituted under the Kerala State Rural Development Board Act, 1971 (15 of 1971) (heremafter referred to as the Boa1d) shall ~tand dissolved and all Its assets and liabihtie• shall stand transferred to and vested m the Government.

(2) The assets of the Board shall be deemed to mclude all rights and powers and all property, whether movable or Immovable, belongmg to or vested in the Board mcluding 111 particular cash balance 1·eserve funds, provident fund, supeiannuation fund, investments, deposits and all other mterests and rights in or arismg out of such property as may be 111 the possession of the Board and all booh.s of account 01 documents kept or mamtained by the Board and the liabilities of the Board shall be deemed to include all debts, liabilities and obhga-' tions of whatever kind then existing and pertaming to the Board.

38. Effect uf vestmg of assets n11d ltabdillrs of the Bowd -(1) Unless otherwise eJo..pressly p10v1dcd by or under tins Act, all cont1 acts and agicement~ and othei insti uments of "hatevel natu1e ~ubs1stmg or ha vmg effect immediately bef01e the date of commg mto force of this section and to which the Board 1s a party or which aze m favour of the Boa1d shall be of as full force and effect al5amst or m favour of the Govetnment as the case may be and may be enforced or acted upon as fully and effcctu:Jlly as d, instead of ~he Board, the Go\er.I- ment had been a party thcJclo 01 as d they had been cntei,cd mto OJ issued 111 favou1 of the Govelllmcnt

(2) If on the date of commg 111to force of this ~cctwn any suit, appeal or other legal proceedmg~ of whatevcJ natllle by 01 agamst the Board ts pendmg, then, zt shall not abate, be dJscontmued 01 be many way ptejudicially a fleeted by teason of the tramfer to Govcrn- lllt'nt of the asseh and habihtJcs of the Boatel but the su1t, appeal OJ other legal proceedings may be contmued, p!Osecutcd and enfoiccd by or agamst the Govt>Inment.

(3) l:vei y whoJe time employee of the Board ~hall, on the date of commg mto force of tim sectiOn, become an employee of the Government with such designation as the Government may dete1mme and shall hold Ins office therein by the· same tcnu1e, at the same rcmunctation ,md on the ~ame tcim~ and condiuon~ of set VICe and with the same nghb and puvdcgcs as to pensiOn and gtatlllty, If any, and other matter~ as he would have held the ~arne 1f tim .'\ct had not been pas~ed.

(4) If any que5tton au~c~ as to whetiJet any puson wa~ a whole ume employee of the Bo,nd, the questiOn shall be deCided by the Gove111ment and the decmon of the Government shall be final,

(5) !\otwtthstandmg anythmg contamcd 111 sectiOn 37, the Govctnment may, by OHler 111 wuung,-

(a) direct that the a~~cts and habilttics of the Boatd vested in them undet that section ~hallmstcau of contmumg to vest m the Go\'ernment vest 111 a company to be constituted by the Goveinn1e.tt form rang111g m~tttutwnal finance to pauehctyat~ and mumCipahttes; or

(b) entrust to a panchayat ot .t mumcipahty fot managemcn for such penod and on such terms and condttJons as may be speCified m the 01 der; and

(c) ditcct that the whole time employees of the Board tr.msfe11ed to Govetnrnent ~hall stand transferred to the con,pany refened to 111 clau~e (a) with dicct ftom such date as may be spcoficd in the order.

3/334-43

Kerala act 016 of 2000 : The Kerala Decentralisation of Powers Act, 2000

SECTIONS