Kerala act 020 of 1994 : The kerala Muncipality Act

(3) 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(l), and may seize any apparatus used for such contravention.

153. Penalty for misconduct at the polling station.— (!) 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(l)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.

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.

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.

156. LIST OF OFFICERS AND STAFF OF THE GOVERNMENT DEPARTMENTS, LOCAL AUTHORITIES

30A [or OTHER AUTHORITIES AND EDUCATIONAL INSTITUTIONS] TO BE FURNISHED.— (1) Every 30B [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 30C [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(l) 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.

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 candidatures, or the

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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.

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:

30A. Substituted by Act 8 of1995.

30B. Substituted by Act 8 of1995.

30C. Substituted by Act 8 of1995.

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 subsection 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(l), 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.

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.

160. Removal of ballot papers from polling station to he an offence.—(I) 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

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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 (l), 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 (I) shall be cognizable.

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.

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

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(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.

(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;

(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.

CHAPTERX

DISPUTES REGARDING ELECTION

163. ELECTION PETITIONS,— No election shall be called in question except by an election petition presented in accordance with the provisions of this chapter.

164. THE COURT COMPETENT TO TRY ELECTION PETITIONS.—The court having jurisdiction to try an election petition shall be the Munsiffs Court having jurisdiction over the place in which the office of the Municipality is located.

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 Munsiffs 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.

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.

167. CONTENTS OF PETITION.— (l)An election petition,-

(a) shall contain a concise statement of the material facts on which the petitioner relies;

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(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.

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.

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 176 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.

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.

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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.

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.

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 imposed by this Act or any other law

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.

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 trail, 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.

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.

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-

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(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 has 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,-

(j) 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.

178. GROUNDS FOR DECLARING ELECTION TO HE 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-

(1) 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 there under, 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 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 (ca) inserted by Seventh Amendment Act 37 of 2005, w.e.f 24-08-2005

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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.

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- fa) 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.

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.

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.

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.

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.

185. PROCEDURE FOR WITHDRAWAL OF ELECTION PETITION.— (1J 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

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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.

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.

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.

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.

189. APPEALS.— (I) 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.

190. PROCEDURE IN APPEAL.— (l)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 (o 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.

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(b) cause the decision to be published in such manner as the State Election Commission may deem fit.

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.

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 (he court may direct.

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.

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.

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.

CHAPTER XI

GENERAL PROVISIONS REGARDING ELECTIONS

196. POWERS OF THE STATE ELECTION COMMISSION.— (I) 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

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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 relevent 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. MAM ion 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). 31 [(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.]

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 relevent to the subject matter of the inquiry.

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.

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 June 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.

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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.

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.

31. Sub-section (5) added by Act 14 of 1999, w.e.f. 24-3-1999.

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.

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 Liken or of any decision given by the Returning Officer or by any other person appointed under this Act in connection with an election.

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.

CHAPTER XII

FINANCE COMMISSION

205. FINANCE COMMISSION.— The Finance Commission constituted under article 243-1 shall review the financial position of Municipalities.

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206. Powers and functions of the Finance Commission.— fl) 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 subsection (1) together with an explanatory memorandum as to the action taken thereon to be laid before the Legislative Assembly.

CHAPTER XIII

PROPERTY, CONTRACTS AND ESTABLISHMENT

PROPERTY

207. Vest ing of Publ ic Streets and appur tenance in Municipal i ty.— (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 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 than³²[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.

33 [(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.]

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 subsection(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;

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(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.

33A [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 watercourses 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,

32. Substituted for the words by Act 14 of 1999, w.e.f. 24-3-1999

33. Sub-section (2) substituted by Act 14 of 1999, w.e.f. 24-3-1999 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.]

209. ³⁴[x xxx]

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

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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.

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.

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. 33A. Section 208A inserted by by Act 8 of1995, w.e.f. 5-8-1995.

34, Section 209 omitted by Act 14 of1999, w.e.f. 24-3-1999.

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.

214. PROCEDURE FOR ACQUISITION OF IMMOVABLE PROPERTY UNDER THE LAND ACQUISITION

ACT.—³⁵[(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.

35 [(2) The Municipality shall implead in all Court proceedings relating to the acquisition of land for the Municipality.]

35. Section 214 renumbered as sub-section (1) of that section and added sub-section (2) by Act 14 of 1999, w.e.f. 24-3-1999.

215. POWER OF MUNICIPALITY TO ACQUIRE AND DISPOSE OF PROPERTY.—³⁶[(l) 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, j

(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,

37 [in the manner prescribed];

37A

(b) [XXX]

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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). 36 37

36. Sub-section (1) substituted by Act J4of1999. w.e.f. 24-3-1999

37. Substitutedfor "subject to such restrictions or limitations if any, as may be imposed by the Government in that behalf' by Act 14 of1999. w.e.f. 24-3-1999,

37A.CIause (b) omitted by Act 8 of1995, w.e.f. 5-8-1995.

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(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.

CONTRACTS

216. POWER OF MUNICIPALITY TO EXECUTE WORKS ON CONTRACT OR OTHERWISE.—³⁸[(l) 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. 39 [(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.]

217. POWER OF THE DIFFERENT AUTHORITIES TO SANCTION ESTIMATES.—⁴⁰[(l) 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

(ii) Council

(i) Standing Committee

(ii) Council Upto twenty-five thousand rupees Exceeding twenty-five thousand rupees

(b) Municipal Council

Upto fifty thousand rupees Exceeding fifty thousand rupees

Corporation Upto one lakh rupees

(ii) Council Exceeding one lakh rupees.]

38. Sub-section (1) substituted by Act 14 of 1999. w.e.f. 24-3-1999

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(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 .

218. GENERAL PROVISIONS REGARDING CONTRACTS.— (1) A Municipality may enter into and perform all such contracts as it may consider necessary or expedient 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) 39 * 4l [x x x x)

(3) ⁴²[x xxx]

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 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.

220. ⁴³[x x \ x]

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.

39. Sub-section (3) added by Act 14 of1999, w.e.f. 24-3-1999. 40.Sub-section (1) substituted by Act 14 of1999, w.e.f. 24-3-1999.

41. Clause (d) omitted by Act 14 of 1999, w.e.f. 24-3-1999.

42. Sub-section (,3) omitted by Act 14 of1999, w.e.f. 24-3-1999.

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Establishment

222. CONSTITUTION OF A COMMON MUNICIPAL SERVICE. — (1) The Government may, subject to such rules as may be prescribed, constitute a common municipal service for the employees under the service of the Municipalities in the State and regulate the recruitment and conditions of service of the employees of the Municipalities.

(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:

44 [(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.

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.

44A [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.⁴³

43. Section 220 omitted by Act 14 of1999, w.e.f. 24-3-

1999.

4 of1999, w.e.f. 24-3-1999.

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(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 Municipal Common Service or not].

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^A[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.

45 [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 HI 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 thai Municipality, shall be the health officer ex-officio of the Municipality]

227. Special Provisions regarding Government servants lent to Municipality.—

46 [(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.

(1 A) 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.

(IB) 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.

(IC) 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.] 44A. Section 224 substituted by Act 8 of 1995,w.e.f 5-8-1999

44B.Substituted for the words by Act 8 of 1995,w.e.f 5-8-1999

45. Section 226 substituted by Act 14 of 1999, w.e.f. 24-3-1999.

46. Sub-section (1) substituted by sub-sections (1) to (Ic) by Act 14 of 1999, w.e.f. 24-3-1999.

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(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 contest, 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).

47 [228. CONTROL OF SECRETARY OVER ESTABLISHMENT.— Subject to the provisions of this Act and bye-laws and regulations for the time being enforce, the Secretary shall specify the duties of the officers and employees of the municipal establishment and Secretary shall exercise supervision and control over them.]

48 [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.

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 271G 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.

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.] 47 48

47. Section 228 substitution by Act 14 of 1999, w.e.f. 24-3-1999.

48. Section 229 substituted by Sections 229, 229A & 229B by Act 14 of 1999, w.e.f. 24-3-

1999.

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CHAPTER XIV

TAXATION AND FINANCE

230. ENUMERATION OF TAXES AND DUTIES.— (1) Every Municipality may levy-fa) 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 ten 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.

Explanation.— Nothing in this section shall be deemed to affect any of the provisions of the Kerala Land Utilisation Order,J967.

231. RESOLUTION OF COUNCIL DECIDING TO LEVY TAX.— (I) 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 Jess 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.

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.

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Minimum rates Town Municipal Municipal Panchayat Council Corporation

(i) Tax for general purposes ⁵⁰[4%] 5% ⁵²[6%]

(ii) Lighting tax ⁵⁰[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.

32A [(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:

49. Substituted for the words "eight per cent", "ten per cent" and "fifteen per cent" respectively by Act 14 of 1999, w.e.f 24-3-1999.

50 . Substituted for "5%", "2%" respectively by Acl 14 of 1999, w.e.f. 24-3-1999.

51. Substituted for "3%" by Act 14 of1999, w.e.f. 24-3-1999.

52. Substituted for "7%", "3%" respectively by Act 14 of 1999, w.e.f. 24-3-1999. 52A.Inserted by Act 8 Of 1995.

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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.] 53 [(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.]

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.

54 {(2) Notwithstanding anything contained in the Kerala Buildings (Lease and Rent Control) Act, 1965 (2 of 7965) or any other Jaw for the time being in force, for the purpose of assessing the property tax, it shalJ be assessed in the prescribed manner on the basis of the annuaJ 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 annuaJ 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.]

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 extensively 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) Sub-section (5) added by Act 14 of1999. w.e.f. 24-3-1999.

(i) Sub-section (2) & (3) substituted by sub-sections (2), (3) & (4) byAct 14 of1999, w.e.f 24-3-1999

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(j) such property of Government not being buildings, as may from time to time be notified by the Government; and

(1) public building and places used for charitable purposes of sheltering the distitutes or animals. 35 [(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 thesanitary 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)

55 56 57 [xxxx]

(5) Notwithstandinganything contained in this Act or any other law for the time being in force, in the case of properties exempted from property taxunder "[sub section (1)], the Municipality shall be entitled to claim the cost of services covered by the service taxes.

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.

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.

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 determined⁵⁸[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.

55. Clause (j) & (k) added by Act 14 of1999. w.e.f. 24-3-1999. 56.Sub-section (4) omitted by Act 14 of1999, w.e.f. 24-3-1999.

57. Substituted for "sub-sections (1) and (4) " by Act 14 of1999, w.e.f. 24-3-1999. 59 [Provided that revision of tax after the date of first April 1998, shall come into force on the date fixed by the Government.]

239. VACANCY REMISSION.— f 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-

(k) 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.

240. Obligation of transferor and transferee to give notice, of transfer.— (l)When-

everthe 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 execi tion 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.

241. OWNER'S OBLIGATION TO GIVE NOTICE OF CONSTRUCTION, RECONSTRUCTION OR DEMOLITION OF BUILDING.— (l)(a) If a 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 lax, as the case may be, payable in respect of the building only, for that half-year. 58 59

58. Substituted for "once in every five years" by Act 14 of1999, w.e.f. 24-3- 1999.59. Proviso added for by Act 14 of1999, w.e.f. 24-3-1999.

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(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 the 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.

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(l) 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.

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 falls 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 falls 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 halfyear, 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.

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, cal 1 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

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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(l), the Secretary may, alter giving twenty four hours notice to the owner or the occupier, enter, inspect, survey and measure such building or land.

PROFESSION TAX

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-

(1) 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(l)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,⁶⁰[x x], carriage hire or travelling expenses.

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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.

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 muncipal 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,

248. STATEMENTS, RETURNS ETC., TO BE CONFIDENTIAL.— All statements made, returns furnished or accounts or documents produced, in connection with the assesment of profession tax by any company or person shall be treated as confidential and copies thereof shall not be issued to public.

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.

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.

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.

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(4) 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.

(5) 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.

(6) 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.

(7) 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.

(8) 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 August and February 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.

252. 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.

253. PAYMENT OF TAX BY SELF DRAWING OFFICER.— (I) Every self drawing officer shall, before the end of August and February 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(l), the Secretary shall issue official receipt therefor.

254. 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.

255. 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 February and August every year to the effect that profession tax due in

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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.

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.

TAX ON ANIMALS AND VESSELS

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.

261. TAX LIABILITY TO BE IN ACCORDANCE WITH PERIOD FOR WHICH THE ANIMALS OR

VESSELS HAVE BEEN KEPT.— (I) 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.

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 a place for repairs.

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(f) 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.

(g) RETURNS TO BE FURNISHED BY THE TAX PAYERS.— (l)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.

(h) 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 (l)to the Secretary.

(i) The Secretary shall on receipt of the return, send to every such person a halfyearly bill requiring him to pay the tax within the time, specified in the bill.

(j) 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,

(k) 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.

(l) 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.

(m) 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,

(n) 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.

(o) 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 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,-

(p) the tax, if any, due on the vessel or animal sold;

(q) such penalty not exceeding the amount of the tax as the Secretary may direct; and

(r) the charges incurred in connection with the seizure, detention and sale.

(s) 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.

(t) 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,-

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112

(b) assignment on lease of immovable property for not less than one year but not more than five years

(c) assignment on lease of immovable property for more than five years but not exceeding ten years

(d) assignment on lease of immovable property exceeding tenyears but not being a perpetual lease

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(e) perpetual lease of immovable

property -

(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 value of the property, of the greater value, as set forth in the instrument. The value of the property, as set forth in the instrument. The amount secured by the mortgage, as set

forth in the instrument. 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) 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.

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. 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.

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.]

The same duty as a conveyance (Sl.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.

61A.Substitued by Act 34 of 2005

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TAX ON ADVERTISEMENTS

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:

62 [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-fa) 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 leived 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-

62. Proviso added for by Act 14 of1999, w.e.f. 24-3-1999.

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(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 continguous 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 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.

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 muncipal 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.

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 clasuse (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

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(f) if the building, wall or structure upon or over which the advertisement is erected, exhibited, fixed or retained be demolished or destroyed.

(g) 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.

(h) REMOVAL OF UNAUTHORISED ADVERTISEMENT,— (I) 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.

(i) 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.

(j) 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.

TAX ON TIMBER

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 such manner as may be 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 Muncipal area by rail, road or water.

(2) No timber shall, except in the case referred to in the proviso to sub-section(l), 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

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relating to the levy of tax on timber.

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.

279. LEVY OF TAX ON DIRECTION BY GOVERNMENT.— (1) Notwithstanding anything contained in this Act the Government may, by order published in the Gazette-

(1) 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(l) 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 persuance of an order under sub-section (1J or abolish such tax except with the previous sanction of the Government.

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.

GENERAL PROVISIONS REGARDING TAXATION AND FINANCE

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, 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.

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 asseessing 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.⁶³

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(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.

(1) 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.

(2) 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.

(3) 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,

(4) 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.

(5) All amounts accounted to the Municipal fund and of its release under this Act, shall Kin full rupee.

EXPLANATION:— For this purpose fraction of a rupee shall be rounded to the next higher rupee.] 64 [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.]

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.

64. Section 283A inserted by Act 14 of 1999, w.e.f. 24-3-1999.

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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.

286. Budget estimate to be prepared by the Standing Committee.— ⁶⁵[(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(l) 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^65A[five per cent] of the revenue of the Municipality.

66 |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.]

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.

289. OBLIGATION TO PASS BUDGET BEFORE THE BEGINNING OF THE YEAR.—⁶⁷[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.

67 [(2) Unless the council has passed the budget before 1st April, from that date onwards, no amount shall be expended from the Municipal Fund.]

290. Consequence of failure of Standing Committee to prepare budget.—

Notwithsta- nding anything contained in sections 286,287 and 288⁶⁸[where the standing committee for finance fails] or omits or delays the preparation of the budget estimates of the Municipality within the prescribed period, the⁶⁹[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.

291™[ x x x x]

292.⁷¹[x x x x] 65 66

4 of1999, w.e.f. 24-3-1999.

65A.Substituted by Act 8 of

1995, w.e.f. 5-8-1995.66. Section 289 substituted by Act 14 of1999, w.e.f. 24-3-1999.

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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 incuide 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

72 -[(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.]

294. ANNUAL FINANCIAL STATEMENT.— (1) The Secretary of a Municipality 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 subsection (I), the Secretary shall forward a copy there of to the auditors.

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.

67.Section 289 renumbered as sub-section (1) of that section and added sub-section (2) by Act 14 of 1999, w.e.f. 24-3-1999.

68.Substituted for the words by Act 14 of1999, w.e.f. 24-3-1999.

69. Substituted for the words "Chairman" by Act 14 of1999, w.e.f. 24-3-1999. 70.Section 291 omitted by Act 14 of1999, w.e.f. 24-3-1999

71. Section 292 omitted by Act 14 of1999, w.e.f. 24-3-1999

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(4) 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.

(5) The auditors shall also report to Government on any other matter relating to the accounts of the Municipality as required by the Government.

(6) The Municipality shall forthwith remedy any defect or irregularity pointed out by the auditors and report the action taken to Government within three months.

(7) 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; fb) requiring the discovery and production of any document;

(c) receiving evidence on affidavits; 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.

72. Sub-section (7) added by Act 14 of1999, w.e.f. 24-3-1999.

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(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. 73 [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.]

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 al] or any of the taxes, duties, fees,⁷⁴[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: 73 74

73. Section 296 substituted by Act 14 of1999, w.e.f. 24-3-1999.

74. Added by Act 14 of 1999, w.e.f. 24-3-1999.

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Provided that —

(1) 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.

298. Time limit of 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. 75 [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 intimation by the trustees.]

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 transferrable 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.

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.

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.

303. MAINTENANCE AND INVESTMENT OF SINKING FUNDS.— (1) The Municipality shall maintain sinking funds for the repayment of money borrowed on debentures issued and⁷⁶[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.]

75. Section 299 substituted by Act 14 of1999, w.e.f. 24-3-1999.

(2) All moneys paid into the sinking funds shall, as soon as possible, be invested by the

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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 at 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,

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 there of 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.

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.

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.⁷⁶

76. Substituted by Act 14 of 1999, w.e.f 24-3-1999.

(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.

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(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.

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.

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.

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.

CHAPTER XV

REGISTRATION OF PRIVATE HOSPITALS AND

PARAMEDICAL INSTITUTIONS

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 there with;

(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, 77 [nursing schools] etc., under private ownership and also includes training centers relating to the relevent subjects.

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.

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

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the provisions of section 313,^77A[with the prescribed period]

313. APPLICATION AND FEES FOR REGISTRATION.— Every application for registration of a private hospital or a paramedical institution or for a renewal of a registration shall contain such particulars and shall be accompanied by such fees, as may be prescribed.

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^7fl[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.]

79 [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. ]

CHAPTER XVI

WATER SUPPLY, LIGHTING AND SANITATION

WATER SUPPLY

80 [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.

77. Added by Act 14 of 1999, w.e.f. 24-3-1999. 77A.Substituted by Act 8 of 1995.

78. Section 314 substituted by Act 14 of1999, w.e.f. 24-3-1999.

(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

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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.

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.

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.!.

79. Section 314A inserted by Act 14 of1999, w.e.f. 24-3-1999. 80..Section 315 substituted by Sections 315, 315A & MSB by Act 14 of1999, w.e.f. 24-3-1999

LIGHTING

81 [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.

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(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.]

82 [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.]

GENERAL POWERS

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.

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,⁸³[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(l) to be demolished, removed, closed, altered or remade.

84 [(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.] 81 82

81. Section 316 substituted by Act 14 of 1999, w.e.f. 24-3-1999.

82. Section 316A inserted by Act 14 of 1099, w.e.f. 24-3-1999.

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,⁸⁵[at the cost of the Municipal Fund], require the owners of the same to raise or lower the level thereof.

PUBLIC LATRINES

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.

321. Licensing of public latrines.— (1) The Secretary may issue licence,⁸⁶[for the period as fixed by the Council], for providing and maintaining latrines for public use.

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(2) No person shall keep a public latrine without a licence under sub-section(l).

(3) Every licensee of a public latrine shall maintain it clean and in proper order.

PRIVATE LATRINES

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.

87 [(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 (I) 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.

323. PROVISION OFLATRINES 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.

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.

88 [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.]

326. Municipality to arrange for the removal of rubbish, solid wastes and filth.— (1) Every Municipality shall make adequate arrangements for;- 83 84 85 86

83. Substituted for "drain or channel" by Act 14 of1999, w.e.f. 24-3-1999.

84. Sub-section (3) added by Act 14 of1999, w.e.f. 24-3-1999.

85. Substituted for the words by Act 14 of1999, w.e.f. 24-3-1999.

86. Substituted for the words by Act 14 of1999, w.e.f. 24-3-1999. 87.Sub-section (2) substituted by Act 14 of1999, w.e.f. 24-3-1999.

(a) the regular sweeping and cleansing of the streets and removal of sweepings therefrom;

(b) the daily removal of the fifth 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 fifth, rubbish and the carcasses of animals;

(ii) covered vehicles or vessels for the removal of fifth;

(iii) vehicles or other suitable means for the removal of the carcasses of large animals and rubbish; and

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(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.

(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. 89 [(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.]

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. 90 [(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.

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.

88. Section 325 substituted by Act 14 of1999, w.e.f. 24-3-1999.

89. Sub-section (3) added by Act 14 of1999, w.e.f. 24-3-1999.

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 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 or 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(l),

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

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dispose of the same by auction or otherwise.]

331. PROVISION FOR FINAL DISPOSAL OF SOLID WASTE.— (1} Every Municipality shall indentify 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(l), 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.

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.

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.

334. Sub-seclion (2A) added by Act 14 of1999, w.e.f. 24-3-

1999.

335. REMOVAL OF SOLID WASTE, RUBBISH AND SOLID WASTE ACCUMULATED ON NONRESIDENTIAL

PREMISES.— (1) The Secretary may, if he thinks fit, by notice in writing , require the owner or the occupier of any premises used as-

336. a factory, workshop or a place for carrying on any manufacturing process, or

337. a market or trade premises, or

338. a slaughter house, or

339. a hotel, eating house, or restaurant, or

340. a hospital or a nursing home, or

341. a warehouse or godown, or

342. 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.

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2 [Provided that if such solid waste cannot be removed to a place or to a depot, as is required by the Secretary on reasons removed 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.

GENERAL PROVISIONS

343. 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(l) no person shall deposit or cause or permit to be deposited any building rubbish on or along any street, public orprivate land without the previous permission of the Municipality:

2. Proviso added by Act of 1999, w.e.f. 24-3-1999. 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.

344. 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.

345. 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.

346. 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.

347. 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

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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.

348. PROHIBITION OF THROWING RUBBISH OR FILTH INTO PUBLIC PLACES.—^2A[(1)] No person shall put or cause to be put any rubbish or filth or debris into any public place not intended for deposit of rubbish or filth or debris.

2A [(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]

349. 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.

350. 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.

351. 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

orpolluted matter, or suffer the same to remain in any street for any greater length of time than is reasonably necessary.

352. 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.

353. 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 shall on conviction be punishable with fine which shall not be less than fifty rupees but may extend to two hundred and fifty rupees.

CHAPTER XVII

STREETS

PUBLIC STREETS

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.

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(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.

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.

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.

349. Acquisition of land and buildings for improvement of streets.— (1) A

Municipality may acquire,- 2A. Section 340 renumbered as sub-section (1) of thai section and added sub-section (2) by Act 8 of 1995, w.cf 5-8- 1995. ' '

(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 twentyfive 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 persuance of the proviso to sub-section(l) in respect of any land is not duly paid, the same shall be recoverable in the manner provided in this Act for thecollection 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(l) 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

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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.

350. POWER TO PRESCRIBE BUILDING LINE AND STREET ALIGNMENT.— The Municipality may-fa) define for any public street a buiding 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.

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 3 50.

(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.

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

(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.

353. Setting buildings forward to improve line of street.— The Municipality may, up

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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.

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(l), 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.

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 3 4 5 [to be watered] as it thinks necessary.

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.

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, flages, or other materials of any public street.

358. Power of Municipality to recover expenses caused by extraordinary traffic.—

Whereby a certificate of⁴[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, frequire 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.

3. Substituted for the words by Act 14 of1999, w.e.f. 24-3-1999.

4. Substituted for the by Act 14 of1999, w.e.f. 24-3-1999.

5. Substituted for the words by Act 14 of1999, w.e.f. 24-3-1999.

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PRIVATE STREETS

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, laydown 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.

360. Making new private street.— (I) 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 theheight 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.

361. Alteration or demolition of street made in breach of section 360.— (1) Where

any person, makes or lays out any street referred lo 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;-

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(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 lime 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.

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 pan thereof to curry 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.

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.

ENCROACHMENT ON STREETS

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.

365. PUBLIC STREETS OPEN TO ALL.— All streets vested in or maintained by a Municipality shall be open to all members of the public.

366. PROHIBITION AND REGULATION OF DOORS, GROUND FLOOR WINDOWS AND BARS OPENING

OUTWARDS.— (I) 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.

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.

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(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.

6 [368. POWER TO ALLOW CERTAIN WORKS.— (I) 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^{6 7}[x x J, 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 cub- 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 any⁸fconstructionJ put up under sub-section (I) 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.

(7) 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.

(8) Prohibition of deposits etc., of things on public street.— Without permission of the Secretary,-

(9) 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;

(10) 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.

6. Marginal /leading and sub-section (J) substituted by Act 14 of J999, w.e.f. 24- 3-(999.7. The words "projection" omitted by Act 14 of J999, w.e.f. 24-3-1999.

8. Substituted for "projection or construction" by Act 14 of 1999, w.e.f. 24-3-

1999.

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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.

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 strueture 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.

373. PRECAUTIONS DURING REPAIR OF STREETS.— (I) 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 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.

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.

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.

376. OCCUPATION OF PORAMBOKE WITHOUT LICENCE.— (1) Where any person without the previous sanction of a Municipality occupies any land belonging ro 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.

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(3)(a) Any person unauthorisedly occupying any land for which he is bound to pay a penalty under sub-section(l) 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 3860) in respect of the same facts.

377. LICENCE FOR WORK ON BUILDINGS LIKELY TO CAUSE OBSTRUCTIONS.— 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.

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.

NAMING OF STREETS

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.

NUMBERS OK BUILDINGS

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.

9. Sub-section (1) substituted by Act 14 of 1999, w.e.f. 24-3-1999.

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(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.

CHAPTER XVIII

BUILDINGS

GKNERAX POWERS 381.

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) With out 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 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.

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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.

10 [ x x x x]

10. The proviso omitted by Act 14 of1999, w.e.f. 24-3-1999.

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 Secietary 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.

n [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:

11A [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:

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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).

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 of or splayed of 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.

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.

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.

BUILDING OTHER THAN HUTS

387. APPLICATION TO CONSTRUCT OR RECONSTRUCT BUILDING.— (1) Where any person intends to construct or reconstruct a building other than a hut within a municipal area, he shall send to the Secretary-

(a) an application in writing together with a site plan of the land for the approval of the site; and

(b) an application in writing 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(l) shall contain such particulars and be prepared in such manner as may be required under the rules or bye-laws made under this Act.

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.

389. PROHIBITION OF COMMENCEMENT OF WORK WITHOUT PERMISSION.—The construction or reconstruction of a building shall not be begun unless and until the Secretary has granted permission for the execution of the work.¹¹

4 of1999, w.e.f.

24-3-1999. 11

A.Proviso

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390. PERIOD WITHIN WHICH APPROVAL OR DISAPPROVAL SHALL BE INTIMATED.— Within thirty 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.

391. PERIOD WITHIN WHICH SECRETARY IS TO GRANT OR REFUSE TO GRANT PERMISSION TO

EXECUTE WORK.— Within thirty 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 thirty days shall not begin to run until the site has been approved under section 390.

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.

393. GROUNDS ON WHICH APPROVAL OF SIGHT 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:—

(1) that the work or use of the site for the work or any of the particulars comprised in the siie 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⁾

(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.

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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.

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. l2 [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(l).

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.

WELLS

397. APPLICATION OF CERTAIN SECTIONS TO WELIS.— The provisions of section 387, 388, 389, 394,395 and 396 shall, as far as may be, apply to the digging of a well.

HUTS

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.

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.

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.

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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.

12. Proviso added by Act 14 of 1999, w.e.f. 24-3-1999.

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:-

(1) 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.

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.

EXTERNAL WALLS, ALTERATIONS AND ADDITIONS

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.

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.

POWERS OF THE SECRETARY

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

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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. 13 [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 inititated. 14 [(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 Actor 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.] 13 14

13. Proviso added by Act 14 of 1999, w.e.f. 24-3-1999.

14. Sub-section (5) added by Act 14 of 1999, w.c.f. 24-3-1999.

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15 [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 any building on^l5A[or before 15th October 1999], the Government may after consultation with the concerned Municipality on realisation of a compounding fee as prescribed, regularise such land development or building construction:

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 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 for which the Secretary shall have no power to regularise under Section 406 of this Act or any construction or re- construction 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. ]

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.¹⁵

15. Section 407 substituted by Act 14 of1999, w.e.f. 24-3-1999. 15ASubstituied for "on or before 31st December 1998" by Act 14 of2000, w.e.f. 18-1-2000.

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EXEMPTION

409. CERTAIN BUILDINGS OR SHEDS EXEMPTED.— (I) Any building constructed and used, or intended to be constructed and used, exclusively for the purposes of a plant-house, matter house,^I6fx x] (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^I718[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^IH[on such terms as the Council may generally decide in each easel 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.

410.^I9fx x x x] See Note below

CHAPTER XIX

NUISANCES

DANGEROUS STRUCTURES, TREES AND PLACES

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.

16. The words "summer-house" omitted by Act 14 of 1999, w.e.f. 24-3-1999.

17. Substituted for the words "for poultry house or aviary" by Act 14 of 1999, w.e.f. 24-3-1999.

18. Substitutedfor the words by Act 14 of1999, w.e.f. 24-3-1999. 19.Section 410 omitted by Act 14 of1999, w.e.f. 24-3-1999.

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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.

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, fpr want of sufficient repair, protection or enclosure, dangerous to the passer-by or to persons living in the neighbourhood, the Secretary may by notice, require the owner to fill in, remove, repair, protect or 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.

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.

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.

CONTROL OVER WATER ETC.

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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).

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.

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.

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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 vegitation 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. 2 "[420. DUTY OF MUNICIPALITY IN RESPECT OF PUBLIC WELL eess 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.]

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.

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.

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.

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 423.²⁰

20. Section 420 substituted by Act 14 of 1999, w.e.f. 24-3-1999.

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425. Prohibition of defiling of water of tanks, etc., whether public or private.—

It shall not be lawful for any person to-

155

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.

CONTROL OVER INSANITARY BUILDINGS

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.

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 tbe benefit accruing to the premises from the improvement thereof.

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,

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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 ihat 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 22 23 fthe 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.

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) As 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 (I ) .

CONTROL OVER CERTAIN ANIMALS

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.

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,

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.

22. Substituted for the words "further use" by Aci 14 of 1999, w.e.f. 24-3-1999.

23. Substituted for the words "the Secretary" by Act 14 of 1999, w.e.f. 24-3-1999.

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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.

GENERAL

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 release.

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.

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.

CHAPTER XX

LICENCES AND FEES

GENERAL PROVISIONS AS TO LICENCES

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.

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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.

KEEPING OK ANIMALS

444. LICENCES FOR PLACES IN WHICH ANIMALS ARE KEPT.— (1) The owner or occupier of any stable, veterinary, infirmaty, 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 an 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 place for such a purpose.

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 to 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.

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.

INDUSTRIES, FACTORIES AND OTHER TRADES

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 specified²⁴[in the rules made in this behalf) or for any other trade without 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. 25 [(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

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for conducting a dangerous or offensive trade or in the interest of the public refuse to grant such licence. (3 A) 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 periods of licence granted under sub-section (3) and (3A) or a licence deemed to have been granted under subsection (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 permissionor 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) , (7) & (8) 26[x x x x ] 27 [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.]

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.—

# Sub section 4,5 substituted by FifthAmendment Act35of2005,w.e.f 24-08-2005

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(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 installs in any premises any machinery or manufacturing plants driven by steam, water or other power not being machinery or manufacturing plant 28[exempted by this Act or the rules made thereunder] shall, before beginning such construction or establishment make²⁹[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 byelaws made in this behalf. 30 [(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 neighborhood 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;]

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31 [(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).

32 [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.

27. Section 447A inserted by Act 14 of1999, w.e.f. 24-3-1999.

28. Substituted for the words "exempted by rules" by Act 14 of1999, w.e.f. 24-3-1999.

29. Substituted for the words by Act 14 of 1999, w.e.f. 24-3-1999. 30.Sub-section (3) substituted by Act 14 of 1999, w.e.f. 24-3-1999.

31. Sub-section (4) substituted by Act 14 of 1999, w.e.f. 24-3-1999

(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

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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.]

33 [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;

(1) 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.]

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-fa) 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 provision 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. 32 33

32. Section 449 substituted by Act 14 of 1999, w.e.f. 24- 3-1999.33. Section 450 substituted by Act 14 of 1999, w.e.f. 24- 3-1999.

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SLAUGHTER HOUSES

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 slaughterhouses only after examining such complaints in detail.

(2) The Municipality may-fa) 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.

14 [(3) The Municipality shall make necessary arrangements for maintaining the municipal slaughter houses in a hygienic manner and for the disposal of waste.]

453. LICENCE FOR SLAUGHTER HOUSE.— (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. 35 [(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.]

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.

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.

THE MILK TRADE

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. 34 35

34. Sub-section (3) added by Act 14 of 1999. w.e.f. 24-3- 1999.35, Sub-section (3) added by Act 14 of 1999. w.e.f. 24-3-

1999.

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(2) The licence under sub-section f 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.

MARKETS, BUTCHERS, FISHMONGERS AND HAWKERS

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.

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,

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(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,

37 [EXPLANATION.— For the purpose of his section private market includes also a shopping complex having more than six shop rooms.]

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 4,58, a fee not exceeding 33 V3 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.

462. SALE IN UNLICENSED PRIVATE MARKETS.— No person shall sell or expose for sale any animal or article in any unlicensed private market.

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 or 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;³⁷

37. Explanation added by Act 14 of 1999, w.e.f. 24-3-1999.

(c) ventilate it properly and provide it with supply of water.

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(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 cleanly and proper state and remove all filth and refuse therfrom.

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.

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.

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.

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,

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.

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 38 39 [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 -¹⁹ [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.

38. Substituted for the words by Act 14 of1999, w.e.f. 24-3-1999.39. Substituted for the words byAct 14 of1999, w.e.f. 24- 3-1999.

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(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 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.

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.

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.

CART STANDS

472. Provision of public cart stands etc.— (1) A Municipality may, subject to such⁴¹[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

41. Substituted for the words "directions" by Act 14 of1999. w.e.f. 24-3-1999.

42. Substitutedfor the words by Act 14 of1999, w.e.f. 24-3-1999.

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(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 a⁴²[bus stand, taxi stand, autorickshaw stand, lorry stand and stand for other vehicles arid for animals" shall be substituted.]

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.

474. RECOVERY OF CART STAND FEES ETC.— (1) Where the fee leviable under sub-section(l) 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 sub section (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-

(1) 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.

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.

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(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 exceeding⁴³ [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.

INSPECTION OF PLACES WHERE SALE, ETC., Is CARRIED ON

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.

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, byelaws 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.

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.

43. Substituted for the words "three hundred rupees" by Act 14 of 1999, w.e.f. 24-3-1999.

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479. POWER OF SECRETARY TO SEIZE disc-eased 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,

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.

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.

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.

DISPOSAL OF DEAD

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.

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(l) shall be accompanied by apian 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.

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44 [(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,⁴⁵[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-fa) 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.

485. PROVISION OF BURIAL AND BURNING GROUNDS AND CREMATORIA WITHIN OR WITHOUT

MUNICIPAL AREA.—⁴⁶[(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 all bye-laws framed thereunder for the management of such places within the municipal area shall apply to such place.

47 [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.]

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:

44.Sub-section (3) substituted by Act 14 of 1999,w.e.f24-3-1999.

45.Substitued for the words by Act 14 of 1999,w.e.f24-3-1999.

46.Subsection(1) substituted by Act 14 of 1999 w.e.f24-3-1999

47. Section 485A inserted by Act 14 of 1999, w.e.f24-3-1999

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Provided however that the Secretary may permit any burial or burning in private ground in individual cases.

48 [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.]

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.

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 harmfull 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.

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.

490.⁴⁹[x x x x ]

48. Proviso added by Act 14 of 1999, w.e.f. 24-3-1999.

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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.

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 betaken 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 license 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 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 and 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.

49- Section 490 omitted by Act 14 of 1999, w.e.f. 24-3-1999.

(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

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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 orbye-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.

CHAPTER XXI

VITAL STATISTICS AND THE PREVENTION OF DISEASE

VITAL STATISTICS

50 [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.]

50. Section 493 substituted by Ac! 14 of 1999, w.e.f. 24-3-1999.

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Dangerous Diseases

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.⁵¹| x 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 in ayurveda medicine, sidha medicine, unani, tibbi medicine or homoeopathic medicine.

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.

496. DISINFECTION OF BUILDINGS AND ARTICLES.— (I) 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.

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).

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:

51. The words omitted by Act 14 of 1999, w.e.f. 24-3-1999.

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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.

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.

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.

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.

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.

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.

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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.

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.

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.

CHAPTER XXII

REGISTRATION OF TUTORIAL INSTITUTIONS

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.

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 on 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 within⁵²[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 prescribed.

508. Penalty for establishing or maintaining unregistered tutorial institutions.—

Any person who establishes or maintains a tutorial institution, without obtaining the registration, in contravention of the provisions of this Act shall on conviction be punished with fine which may extend to one thousand rupees.

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CHAPTER XXTTT APPEALS AND REVISION

53 [509. APPEAL AND REVISION — (I) 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 leavy 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 failing which it shall lapse.

(5) An appeal under sub-secion (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 or 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.]⁵²

.

w.e. f

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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.

CHAPTER

XXIV

PENALTIES

511. General provisions regarding penalties specified in the Schedule.—(I)

Whoever-

(a) contravenes any provision of this Act or the sections specified in column (l)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^53A[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. 53A.Substituted for the by Act 14 of1999, w.e.f. 24-3-1999.

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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 exceeding⁵⁴[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 -⁵⁵[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 exceeding⁵⁶[ten thousand rupees] for such offence.

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 share or interest.

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 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.

515. PENALTY FOR UNLAWFUL BUILDING.—⁵⁷[(1) Where the construction or reconstruction of any building or digging of any well-

(a) is commenced without the permission of the Secretary; or 54 55 56

54. Substituted for "two thousand rupees" by Act 14 of 1999, w.e.f. 24-3-1999.4 of19 , w.e.f. 24-3-1999.

56. Substituted for "one thousand rupees" by Act 14 of1999, w.e.f, 24-3-1999.

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(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, to⁵⁸[ten thousand rupees] and in the case of a well or hut to 58 [one thousand rupees] and to a further fine which may extend, in the case of a building, to 58 [one thousand rupees] and in the case of a well or hut to^5K[two hundred and fifty rupees] for each day during which the offence continued.

59 [Provided that the unlawful construction, reconstruction or digging of well carried out by a person may be regularised under sub-section d) of Section 406 and he shall not be punished if so regularised by the Secretary.];

57. Section 515 renumbered as sub-section (I) of that section by Act 14 of 1999, w.e.f. 24-3-1999.

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(c) "notified document" means any document of the Municipality notified by the Government under sub-section (2) of section 5173.

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.

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.

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.

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.] 60 61 62

60. Sub-section (2) added by Act 14 of 1999, w.e.f. 24-3-1999.

61. Substituted for the words "one hundred rupees" by Act 14 of 1999, w.e. f. 24- 3-1999.62. Chapter XXIVA inserted by Act 14 of 1999, w.e.f. 24-3-1999.

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CHAPTER XXV

MISCELLANEOUS

POWER TO SUMMON

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 I960) and the provisions of that Act shall apply to summonses issued and to persons summoned by virtue of the powers conferred by this 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.

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.

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(l) shall be deemed to apply to a cheque drawn upon the municipal fund or to any deed of contract entered into by the Municipality.

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.

523. PUBLICATION OF BYE-LAWS, NOTICES, ORDERS, ETC.—⁶⁴[(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 off ce of the Municipality shall be made in the municipal area in such manner as the Council may direct.

184

(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.

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.

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.

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.

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;

64. Section 523 renumbered by Act 14 of 1999, w.e.f. 24-3-1999.

185

(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.

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.

65 [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.]

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.

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 permission of the Municipality or the Secretary of registration with the Municipality is necessa for the doing of any act and where such act is done without such licence or permission registration or in a manner inconsistent with the terms of any such licence or permission-

65. Section 53UA inserted by Act 14 of 1999. w.e.f. 24-3-1999.

186

(a) the Secretary may, by notice, require the person doing such act to alter, remove, ( as far as practicable, restore, to its original state the whole or any part of any proper!; movable or immovable, public or private affected thereby within a time to be specified in th notice; or

(b) ihc Secretary or any officer duly authorised by him may enter any building or lam where such act is done and take all such steps as may be necessary to prevent the continuanci of such act.

(2) Where the notice under sub-section (1) is not complied with, the Secretary mav 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, 66 67 [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 obiained or the licence, permission or registration has been refused, withheld, revoked or suspended.

533. Time for complying with order and power to enforce in case of default.—(1)

Whereby 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^M[five hundred rupees] for such offence

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.

66. Substituted for the words "fifty rupees" by Act 14 1999. w.c.f. 24-3- 1999.67. Substituted for the words "close down" by Act 14 1999, w.e.f 24-3-

1999.

187

(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.

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 (I) 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.

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^A[twelve percentage] per annum within a period of not more than five years.

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 oilier law, or by any rule bye-law or regulation made thereunder.

70 |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.]

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.

66.Substituted for the words "fifty rupees" by Act 14 1999, w.c.f. 24-3-1999.

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(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 shall⁷¹[x x x x ] be recovered together with *["penalty at the rate of one percent 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.

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.

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.

541. PERSONS EMPOWERED TO PROSECUTE.— No person shall be tried for any offence against the provisions of this Actor 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 Secretary⁷²fwithin 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.

69. Substituted for the words "six per cent" by Act 14 1999, w.e.f. 24-3-1999.

70. Proviso added by Act 14 of1999, w.e.f. 24-3-1999. 70A. Substituted for the words "" by Act 8 1995, w.e.f. 5-8-1995.

71. The words. omitted by Act 14 of1999. w.e.f. 24-3-1999. *. Substituted for the words " " by Sixth Amendment Act 36 of2005, w.e.f. 24-08-2005

542. Imprisonment in default of payment and application of fines.— (1) Where am

189

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 he 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.

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.

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 inconsequence 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. 72 73

72. Substituted for the words "within three months" by Act 14 of 1999, w.e.f. 24-3-1999.

73. Substituted for the words "within twelve months" by Act 14 of 1999, w.e.f. 24-3-1999.

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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 provision 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-

(1) 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 iven 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.

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.

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.

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.

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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.

550. DUTIES OF POLICE OFFICER.— (I) 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 aidfor 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).

551. Power of police officer to arrest persons.— (1) Where any police officer sees

any personcommitting 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-fa) 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.

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.

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).

192

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.

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.

74 [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.]

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.

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.

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.

560. SPECIAL PROVISIONS IN THE CASE OF NEWLY CONSTITUTED MUNICIPALITY.—⁷⁵[(1) Notwithstanding anything contained in this Act where a Municipality is constituted for the first 74 75

74. Section 556 substituted by Act 14 of1999, w.e.f. 24-3-1999

75. Sub-section (1) substituted by Act 14 of1999, w.e.f. 24-3-

1999.

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time under section 4, the Government, shall appoint a Special Officer or an Aclmini Committee consisting of not less than three members who are officers of Government in; to the Secretary to exercise the powers, perform the functions and discharge the dutie Chairperson, Standing Committees and Council of the Municipality.]

(2) The State Election Commission shall cause arrangements for election to 1 so that newly elected Chairperson and Councillors may assume office within six mon the date on which the notification under sub-section (3) of section 4 constituting the', area to be a Municipality takes effect. 76 [(3) Where a Special Officer is appointed under sub-section (1), the powers,! and duties of the concerned Municipality and of its Chairperson the Deputy Chairpe the Standing Committees shall be exercised and performed by the Special Officer a an Administrative Committee is appointed, the powers unctions and duties of the Mu shall be exercised and performed by such committee and those of the Chairperson ai Chairperson shall be exercised and performed by the members of the Committee as; by the Government in the notification issued under sub-section (1):

Provided that the Special Officer or Administrative Committee so appointed sh; the powers and perform the functions subject to the general or special direction Government.]

561. Adjudication of disputes between local authorities.— (1) Where a dispute exists between any Municipality and any Panchayat or between or among Mui regard to any matter arising under the provisions of this or any other Act and the are of opinion that they are unable to settle it amicably among themselves, the Go> take cognizance of the dispute, and-

(a) decide it themselves; or 77 [(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: and report;]

(2) The report referred to in clause (b) of sub-section (1) shall be su Government who shall decide the dispute in such manner as they deem fit and such decesion shall be binding on the dispute

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.

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, XV1I1 and XIX or the rules and regulations, if any, made thereunder.

™[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; 76 77

76, Sub-section (3) substituted by Act 14 of1999, w,e,f 24-3- 1999,77. Clause (b) substituted by Act 14 of1999, w,ef 24-3-1999

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(2) The "Citizens' Charter" shall be renewed and updated periodically at least once in a year.]

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.

CHAPTER XX VI

RULES, BYE-LAWS AND REGULATIONS

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 particular 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; 79 [(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 record 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;

80 [(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;

78. Section 563 A inserted by Act 14 of 1999, w.e.f. 24-3-1999.

** Section 'aa' added by Third Amendment Act 33 of 2005, w.e.f 24-08-2005

195

(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) ^8l|x 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. 82 [(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 ^S3[fi^ve 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.

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.

BVE-LAWS AND REGULATIONS

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- 79 80

79. Clause (d) substituted by Act 14 of 1999, w.e.f. 24-3-1999.

80. Clause (h) substituted by Act 14 of 1999, w.e.f. 24-3-1999.

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(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 determing the information and plans to be submitted with applications for permission to lay out street; 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, slaughterhouses 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; 81 82 83

81. Clause (q) omitted by Act 14 of1999, w.e.f. 24-3-1999.

82. Clauses (s), (t) & (u) added by Act 14 of1999, w.e.f. 24-3-1999.

83. Substituted for the words "one hundred rupees" by Act 14 of1999, w.e.f. 24-3-

1999.

197

(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.

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.

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.

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.

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.

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572. Confirmation of bye-laws 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.

84 [573. Cancellation of Bye-laws or Regulations.— The Government, may for the reasons t© 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.] 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 sale.

CHAPTER XXVII

REPEAL

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;

84. Section 573 substituted by Act 14 of 1999, w.e.f. 24-3-1999.

199

(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 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) ⁸⁵[x 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 1944), 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

200

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.

86 [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.

85. Clause (xii) omitted by Act 14 of' 1999, w.e.f. 24-3-1999.

86. Schedule I substituted by Act 14 of1999, w.e.f. 24-3-1999.

201

87. Regulating the conduct of fairs and festivals.

88. Issue licence to domestic dogs and destroy stray dogs.

89. Providing basic facilities in slum areas.

90. Amenities including foot path and road crossing facilities for pedestrians.

91. Preparation of detailed town planning and Action plan for implementation in a phased manner.

92. General functions

93. Collection and updating of essential statistics.

94. Organising voluntary workers and make them participate in collective activities.

95. Organise campaign for thrift.

96. Awareness building against social evils like drinking, consumption of narcotics, dowry and abuse of women and children.

97. Ensuring maximum people's participation in all stages of development.

98. Organise relief activities during natural calamities.

99. Inculcating environmental awareness and motivating local action for its upgradation.

100. Development of Co-operative Sector.

101. Promoting communal harmony.

102. Mobilising local resources in cash or in kind including free surrender of Land for developmental purposes.

103. Propagating legal awareness among the weaker sections.

104. Campaign against economic offences.

105. Organising neighbourhood groups and self-help groups with focus on the poor.

106. Awareness building on civil duties.

107. Sector-wise distribution of functions

108. Agriculture

109. Bring into cultivation barren land and surrounding land.

110. Ensure optimum utilisation of land.

111. Soil conservation.

112. Production of organic manure.

113. Establishment of nurseries.

114. Promotion of co-operative-group farming.

115. Organising self-help groups among farmers.

116. Promotion of horticulture and vegetable cultivation.

117. Implementation of fodder crop development.

118. Encourage plant protection activities.

119. Development of seed production.

120. Implementation of farm mechanisation.

121. Running of Krishi Bhavans.

122. Organise Agricultural exhibitions.

202

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 offish-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.

9. Implementation of the entrepreneur development programmes.

203

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.

VHL 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 street lights.

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.

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.

204

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 temunerative 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:

I. 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 [ eab)ojffls zjalxoijok rolal

XIX. Co-operation:

1 Organise Co-operative Societies within the Municipal area.

2. Distribute Government grants and subsidies.] *Item 3 inserted by S.R.O. No. 7-1-2000. w.e.f., 17-1-2000.

205

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 (1) 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 CD

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.

87. Substituted for "will bear true faith and allegiance" by Act 14 of 1999, w.e.f. 24-3-1999.

88. Substituted for "will bear true faith and allegiencc" by Act 14 of 1999. w.e.f. 24-3-1999.

89. Schedule IVsubstituted by Act 14 of 1999, w.e.f. 24-3-1999.

206

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

249 Failure of owner or occupier to comply with the Rupees five requisition to furnish list of persons carrying on profession, art etc.

thousand.

250 Default of the employer or head of an office, Rupees five firm or company to comply with requisition to furnish list of persons under his employment thousand.

252 Failure to recover professional tax by Rupees five employer etc. thousand.

253 (2) Failure to furnish list of employees etc Rupees five thousand.

256 Failure to pay professional tax by self Rupees five drawing officers hundred.

264 (2) Failure to comply with requisition to furnish Rupees two statement of vessels and animals liable to hundred and taxation or furnishing false statements fifty.

275 (2)

Exhibiting any advertisements with out Rupees five permission thousand.

318 Making connection with mains with Rupees five out permission thousand.

322 Failure to comply with requisition to Rupees five provide latrine or to remove latrine to another site and failure to keep latrine clean and in proper order hundred.

323 Failure to provide latrines in premises Rupees two used by large number of people or to thousand and five keep them clean and in proper order hundred.

324 Failure to comply with requisition to provide latrines for markets, cattle shed or cart stand or Rupees two to keep them clean and in proper order thousand and five hundred.

325 Failure to construct latrine so as to screen persons using the same from view Rupees two hundred

335 Improper disposal of carcasses rubbish and flith and fifty.

336 Allowing rubbish, filth etc, to accumulate on Rupees five hundred 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.

207

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

339 Using cart without cover for removal of filth etc. Rupees two hundred and fifty.

340

Throwing rubbish or filth or debrs 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 oreders 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,

394 Unlawful removal of shoring timber bar etc. or removal or extinguish light Rupees One thousand. 375 ( I ) 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 Rupees Twenty

thousand.

or failure to fence such building while repairing or failure to remove obstruction

208

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

378 Failure to remove obstruction caused in street by fall of trees, etc. within 12 hours of fall.

Rupees

thousand.

One

379 (3) Unlawful destruction etc. of name of street Rupees hundred.

Five

380 (2)

Unlawful destruction etc. of building number Rupees

hundred.

Five

380 (3) Failure to replace number when required to do so Rupees hundred.

Five

383 (5) Constructing or reconstructing building contrary to declaration issued by Council

Rupees

thousand.

Five

384 (1) Failure to comply with requisition to round off or splay off building at corners of street

Rupees

thousand.

Five

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 oh Public Street

Rupees

hundred.

Five

404

Failure to keep external walls of premises in proper repair.

Rupees

hundred.

Five

411 (1) Failure to comply with requisition to demolish repair Rupees or secure dangerous structure thousand.

Five

412 (1) Failure to comply with requisition to secure, lop or cut down dangerous trees

Rupees

thousand.

Two

413 Failure to comply with requisition to repair etc. tank or other place dangerous to passers by or persons living in neighbourhood

Rupees

thousand.

One

414 Failure to comply with requisition to stop dangerous quarrying

Rupees

thousand.

Five

415 Failure to comply with notice regarding precautions against fire

Rupees

thousand.

Five

416 (1) Constructing well etc. without permission Rupees hundred.

Five

416 (3) Failure to comply with the notice to fill up or demolish well

Rupees

hundred.

five

417 Failure to comply with requisition to fill up, etc. tank or well or drain off water etc.

Rupees

thousand.

One

418

Cultivating contrary to prohibitions or regulations Rupees

thousand.

One

209

419 Failure to comply with requisition to clean, close etc. of tank, well or other water used for drinking Obstructing a person from the use and enjoyment

421 of well, tank or reservoir Unlawful laundering and fishing in

422

river, etc. after prohibition or contrary to regulations Washing of cloths by washermen at 424 unauthorised places Defiling water of pond tank, etc.

425 Failure to comply with requisition to 426 enclose clear or cleanse uninhabited lands. Failure to comply with requisition to

427 enclose or cleanse untenanted lands Failure to secure trees adjacent to building or well

428 Failure to comply with requisition to fence around building or land or trim, prune and

429 outsherbs and trees or to lower the heights of surrounding wall

431

432

Failure to comply with requisition to white wash or otherwise cleanse the building

Failure to comply with requisition to execute work or take other action with the respect to sanitary buildings.case of building Using or allowing the use of prohibited

433 (2 )

building unfit for human habitation.

434

(4 ) Failure to comply with requisition to demolishsuch building

434 (1 )

Allowing overcrowded dwelling in building even after the order to abate the same

434 (4 )

Failure to comply with requisition to vacate overcrowded building or room

435

Feeding animals on filth

436

Unlawful keeping of animals in such a way as to cause nuisance or danger

Use of places as stable, cattle shed etc.

444

445

without licence or contrary to licence Construction or maintenance of stable, cattle shed, etc., contrary to Act

Rupees One thousand. Rupees Five hundred. Rupees Five hundred. Rupees two hundred and fifty.

Rupees Five hundred. Rupees Five hundred. Rupees five hundred, Rupees one thousand. Rupees one thousand. Rupees five hundred. Rupees one thousand and rupees five hundred Rupees two hundred and fifty for each day. Rupees two hundred and fifty for each day. Rupees one hundred for each day.

Rupees one hundred for each day.

Rupees five hundred. Rupees five hundred. Rupees five hundred. Rupees five hundred.

211

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

446

Use of place as stable, cattle shed, etc. contrary to notice issued by the Secretary Rupees two thousand.

447 (I)

Using u place for any of the purposes specified in the rules made for this without licence or contrary to licence.

Rupees Ten thousand.

448 Unlawful establishment of factory workshop, etc. Rupees ten thousand.

449 Violation of order regarding abatement of nuisance Rupees Two thousand five hundred. Rupees

five453 Use of a place as slaughter house with out licence or contrary to licence

thousand.

Rupees five thousand.

455 (1) Slaughter of animals for sale as food

Rupees two hundred for

Rupees one

455 (5) Skinning or cutting up of drying skin from carcasses so as to cause nuisance each carcas or skin.

456

457

Carrying on milk trade without licence or contrary to licence Obstructing a person from using a market thousand.

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 of 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

473

Sale or exposure for sale of animal or article in public street Using a public place or the sides of public street as public landing places Rupees five hundred.

Rupees five thousand.

475 Open or kept open new private cart stand without licence or contrary to licence

Rupees five thousand

212

(I) (2) (3) (4)

478 Preventing the Secretary or any person Rupees five authorised by him from exercising his powers of entry etc, under this section

thousand.

480 Removing or in any way interfering with the Rupees five affairs of the animal or article seized thousand. 484 (1) Opening, etc, a new place for the disposal of Rupees ten the dead body without licence thousand.

486 (3) Use or allowing the use of burial or Rupees ten burning ground which has not been registered, licenced or authorised.

thousand.

487 Failure to give information of burial or Rupees five burnings in burial or burning ground hundred. 488 (3) Burial or burning in place after Rupees ten prohibition thousand.

489 Offences in respect of corpses hundred. Rupees five 492 (2) Failure to produce license on demand, hundred. Rupees five

494 Failure of medical practitioner or owner to Rupees five give information regarding the infection of dangerous disease in private or public dwelling

hundred.

496 Failure to comply with requisition to close Rupees five or disinfect building or articles hundred. 497 (3) Washing of infected articles at unauthorised Rupees five places 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 Rupees five conveyance, without taking proper precautions against spreading of disease

hundred.

502 (2) Entry of infected person into public conveyance Rupees five without informing fact of infection hundred.

502 (3) Carrying infected person in public conveyance Rupees five hundred

503 Letting or sub-letting of infected building Rupees Two without previous disinfection thousand.

504 Failure to close place of Public enter Rupees two tainment thousand.

505 Sending infected child to school Rupees five hundred

213

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

519 Failure to comply with summons Rupees five hundred.

527

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.

556 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 them⁹⁰[FIFTH SCHEDULE

[See Section 511 (2) (C)]

PENALTIES FOR CONTINUING BREACHES

Rupees five thousand. Section

Sub- Subject section fine which may be imposed

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

275 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.

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.

90. Schedule V substituted by Act 14 of1999, w.e.f. 24-3-1999.

214

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

367 Failure to remove permanent Rupees one encroachment thousand.

368 Failure to remove temporary Rupees five encroachment hundred.

375 Unlawful making of hole or placing Rupees two of obstruction in street hundred and fifty.

377 Construction, etc., of building without Rupees one licence which is lively to be obstructed the street or footpath

thousand.

384 (1) Failure to comply with requisition to Rupees five round off or splay off the buildings at corners of street

hundred.

385 Construction of external roofs, etc. Rupees two with inflammable materials hundred.

404 Failure to keep external walls of Rupees one premises in proper repair hundred

413 Failure to comply with requisition to Rupees Two repair etc, tank or other place causing hundred and danger to passers by or persons living in neighborhood

fifty.

414 Failure to comply with requisition to Rupees five stop dangerous quarrying. hundred.

415 Failure to comply with notice regarding Rupees five precautions against fire hundred.

417 Failure to comply with requisition to Rupees one fill up etc. tank or well, or drain of water etc. hundred.

419 Failure to comply with requisition to Rupees one clean or close, etc. tank, well etc. or other source of water used for drinking

hundred.

426 Failure to comply with requisition to Rupees one enclose clear or clean uninhabited lands hundred.

427 Failure to comply with Requisition, Rupees one to clear or cleanse plants in filthy state, noxious or in wild vegetation

hundred.

428 Failure to secure trees adjacent to Rupees one buildings or wells hundred.

429 Failure to comply with requisition to Rupees one fence building or land or trim prune or cut hedges and trees or lower the

hundred.

215

(3)

height of surrounding wall

(4)

Failure to comply with requisition to white wash Rupees one or otherwise cleanse building hundred.

Failure to comply with requisition to Rupees one execute work or take other action hundred in the with respect to insanitary building buildings and fifty case of the case Rupees in of hut.

Unlawful keeping of animal in such a way as to cause nuisance or danger

Rupees fifty.

Use of place as stable, cattle shed, etc. without Rupees one etc licence or contrary to licence hundred.

Use of place as stable, cattle shed, etc., Rupees one contrary to notice issued by the Secretary hundred. Using a place for any of the purpose Rupees five

specified in the rules without licence or contrary to licence

hundred

Unlawful establishment of factory Rupees five

workshop etc. hundred.

Violations of order regarding abatement Rupees five of nuisance hundred.

Use of a place as slaughter-house Rupees two

without licence or contrary to licence hundred and fifty. Carrying on milk trade without licence or Rupees one contrary to licence hundred.

Open or kept open private market without Rupees one licence or contrary to licence thousand.

Sale or exposure for sale animal or Rupees two

article in unlicenced private market hundred.

Construction or maintenance of stable Rupees one

cattle shed, etc. contrary to Act, or subordinate

legislation

hundred.

Carrying on butcher's, fishmonger's or Rupees one

poulter's trade without licence etc. hundred.

Using pubic place or the sides of a public Rupees one street as public landing place etc. hundred

Open or kept open new private can stand Rupees one without licence or contrary to licence hundred.

Using a place for the disposal of the Rupees one

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

496

504

the dead body without licence Failure to comply with requisition to cleanse or disinfect buildings or articles

Failure to close place of public entertainment

thousand.

Rupees one hundred.

Rupees two

hundred and fifty.

THE SIXTH SCHEDULE.

91 [X XXX]

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. involvingelectroplating heat treatment of various parts and manufacture of letter types.

(h) l. 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. Paper manufacture of various types of paper including colour paper.

9. Pharmaceuticals

10. Internal combustion engines, diesel engines, radiator

217

THE EIGHTH SCHEDULE

(See section 448 (4) (c))

CATEGORIES OF INDUSTRIES WHICH REQUIRE

CLEARANCE FROM THE FIRE FORCE

DEPARTMENT.

1. Explosives

2. Fire works

3. Salt peter

4. Spirituous preparation

5. Sulpher

6. Tile Factories

7. Industries using L.P.G

8. Factory buildings with thatched sheds

9. Safety matches

10. Manufacture of acids

THE NINTH SCHEDULE

[See section 2 (12)]

LIST OF DANGEROUS DISEASES

AIDS

Acute influenza, pneumonia Anthrax Chicken-pox Cholera

Diphtheria Enteric fever Glanderes Rabies Plague Tuberculosis Typhoid fever Influenza Relapsing fever Weils disease Gastro enteritis

218