Kerala Municipalities Act, 1994
PREAMBLE
An Act to replace the present enactments relating to Municipalities and Municipal Corporations by a comprehensive enactment in line with the Constitution (Seventy Fourth) Amendment Act.
Whereas the Kerala Municipalities Act, 1960 and the Kerala Municipal Corporations Act, 1961, the laws with respect to the functioning of urban local bodies prevailing in the State are not in conformity with the provisions of Part IXA of the Constitution of India inserted by the Constitution (Seventy Fourth Amendment) Act, 1992;
AND WHEREAS it is expedient to replace the said enactments by a comprehensive enactment in line with the Constitution (Seventy Fourth Amendment) Act, 1992 for securing a greater measure of participation of the people in planned development and in local Governmental affairs by constituting Town Panchayats, Municipal Councils and Municipal Corporations;
AND endow
(1) This Act may be called the Kerala Municipality Act, 1994.
(2) It extends to the whole of the State of Kerala.
(3) It shall be deemed to have come into force on the 30th day of May, 1994.
In this Act, unless the context otherwise requires,
(1) "Article" means an Article of the Constitution of India;
(2) "building" includes a house, out-house, stable, latrine, shed, hut, bunk and any other structure whether of masonry, wood, brick, mud, metal or any other material whatsoever;
(3) "building line" means a line which is at the rear of the street alignment and to which the main wall of a building abutting on a street may lawfully extend and beyond which no portion of the building may extend except as provided in the building rules;
(4) "candidate" means a person who has been duly nominated or claimed to have been duly nominated as a candidate of any election;
(5) "casual vacancy" means a vacancy occurring otherwise than by efflux of time;
1[(6) "Chairperson" in relation to a Town Panchayat or a Municipal Counc
The Kerala Municipality Act, 1994, serves as a legislative framework for the governance of municipalities in Kerala. Section 2 of the Act provides essential definitions that are foundational for understanding the various provisions and operations of municipalities within the state.
Section 2 of the Kerala Municipality Act, 1994, outlines definitions for various terms used throughout the Act. This includes definitions for "Municipality," "Municipal Council," "Municipal Corporation," and other relevant terms that clarify the scope and application of the Act.
The scope of Section 2 extends to all municipalities in Kerala, providing a uniform understanding of terms that govern local self-governance. This uniformity is essential for the effective implementation of municipal laws and regulations.
While Section 2 itself does not prescribe punishments, it lays the groundwork for understanding violations of municipal regulations that may be defined elsewhere in the Act. Violations of municipal provisions can lead to penalties as specified in other sections of the Act.
This commentary highlights the importance of Section 2 of the Kerala Municipality Act, 1994, in establishing a clear and effective framework for municipal governance in Kerala.
Words and expressions used but not defined in this Act and defined in Part IX A of the Constitution of India shall have the meanings respectively assigned to them in that part.
(1) The Government shall, by notification in the Gazette, constitute with effect from such date as specified in the notification,-
(a) a "Town Panchayat" for a transitional area;
(b) a "Municipal Council" for a smaller urban area; and
(c) a "Municipal Corporation" for a larger urban area, and specify the name of such Municipalities.
(2) The Government may, by notification,
(a) exclude any municipal area from the operation of this act; or
(b) exclude from a municipal area comprised therein and defined in the notification; or
(c) divide any municipal area into two or more municipal areas; or
(d) unite two or more municipal areas; or
(e) unite the territorial area of a Panchayat geographically lying adjacent to a Municipal area, with the Municipality; or
(1) Every Municipality shall be a body corporate by the name of the Municipality specified in the notification Issued under section 4, shall have perpetual succession and a common seal, and shall, subject to any restriction or alteration imposed by or under this Act or any other law, be vested with the capacity of suing or being sued in its corporate name, of acquiring, holding and transferring property, movable or immovable, of entering into contracts, and of doing all things necessary, proper or expedient for the purpose for which it is so constituted.
(2) Every Municipality, shall exercise such powers, perform such duties and functions and shall have such responsibilities and authority as are provided by or under this Act or any other law for the time being in force.
1(1)The Government shall, in accordance with the criteria specified in sub-section (3), notify the total number of seats of the Councillors to be filled up by direct election in a Town Panchayat, Municipality and Municipal Corporation considering the population of the area of the Municipality concerned.
(2) The Government may, after publishing the relevant data according to each census, vary the total number of seats of Councillors in a Municipality notified under sub-section (1) subject to the criteria specified in sub-section (3).
(3) The number of seats of Councillors notified under sub-section (1) or sub-section (2), shall be
(a) In the case of a Town Panchayat or a Municipal Council,
(i) Twenty, where the population in the area of the Town Panchayat or Municipal Council does not exceed twenty thousand, and
(ii) Where the population of t
(1) Every Municipality, unless sooner dissolved, shall continue for five years from the date appointed for its first meeting and no longer.
(2) An election to constitute a Municipality shall be completed,-
(a) before the expiry of its duration specified in sub-section (1); or
(b) before the expiration of a period of six months from the date of its dissolution; as the case may be:
Provided that where the remainder of the period for which the dissolved Municipality would have continued is less than six months, it shall not be necessary to hold any election for constituting the Municipality for such period.
(3) A Municipality constituted upon the dissolution of a Municipality before the expiration of its duration shall continue only for the remainder of the period for which the dissolved Municipality would have continued under sub-section (1) had it (sic)
(1) Where, for any reason, a Councillor could not be elected from any of the wards, at an election the State Election Commission shall hold an election within three months to elect a Councillor from that ward.
(2) The term of office of a Councillor elected under sub-section (1) shall be co-terrr'uus with the term of the Municipality to which he is elected.
Notwithstanding anything contained in section 6 and section 10, reservation of seats in the Municipalities and in the offices of Chairman or Mayor thereof, as the case may be, for the Scheduled Castes or the Scheduled Tribes shall cease to have effect on the expiration of the period fixed in Article 334 for the reservation of seats for the Scheduled Castes and the Scheduled Tribes in the State Legislative Assembly:
Provided that nothing in this section shall affect any such reservation in a then existing Municipality until the expiration of its duration or its dissolution, as the case may be.
(1) There shall be a Chairman in every Town Panchayat and Municipal Council and a Mayor in every Municipal Corporation who shall be elected by the elected Councillors of the respective Municipalities from among themselves, in such manner as may be prescribed. 1[The Chairperson shall be a full-time functionary of the Municipality.]
(2) Such number of the offices of Chairmen of Town Panchayats, Chairmen of Municipal Councils and Mayor of Municipal Corporations shall be reserved for the Scheduled Castes or, as the case maybe, the Scheduled Tribes by the Government and the offices of the Chairmen of the Town Panchayats, Chairmen of the Municipal Councils and Mayor of the Municipal Corporations so reserved may be allotted by rotation to different Town Panchayats, Municipal Councils or, as the case may be, the Municipal Corporations as the 2[State Election Commission] may, by notification in the Gazette, determine for each gener
(1) There shall be a Vice-Chairman in every Town Panchayat and Municipal Council and a Deputy Mayor in every Municipal Corporation who shall be elected by the elected Councillors of the respective Municipalities from among themselves in such manner as may be prescribed.
(2) A Deputy Chairperson shall be deemed to have vacated his office
(i) on his ceasing to be a Councillor on the expiry of his term of office or otherwise; or
(ii) on his election as Chairperson.
(3) Where the office of a Chairperson is vacant, the Deputy Chairperson shall exercise the powers and discharge the duties of the Chairperson until a newly elected Chairperson assumes office.
(4) (a) Where the office of a Chairperson is vacant and there is vacancy in the office of Deputy Chairperson or the Deputy Chairperson has been continuously absent from jurisdiction for more than fifteen d
(1) The meeting to elect the Chairperson or Deputy Chairperson shall be convened within three weeks from the date of publication of the names of the elected Councillors, by the State Election Commission, on such date as may be fixed by the State Election Commission.
(2) The State Election Commission shall designate or nominate an officer of the Government as the returning officer for the election of the Chairperson or Deputy Chairperson.
(3) It shall be the duty of the returning officer to do all such acts and things as are necessary for the efficient conduct of the election, in the manner prescribed.
1 [(3A) Election shall be by means of open ballot and the Councillor who casts his vote shall write his name and affix his signature on the reverse side of the ballot paper.]
(4) The State Election Commission shall publish the result of the election of the Chairperson
1[Honorarium and Allowances] to Chairperson, Deputy-Chairperson and Councillors of Municipalities
1[(1) The Chairperson, Deputy Chairperson and other Councillors of a Municipality shall be paid 1[honorarium and allowances] of such rates as may be prescribed.
(2) The Chairperson and Deputy Chairperson of a Municipality shall be eligible while travelling in public purpose for travelling allowances and daily allowance at such rates as may be prescribed.]
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1. Substituted by Act 8 of 1995 w.e.f. 1-10-1995.
The Chairperson of a Municipality shall-
(a) convene the meetings of the Council;
(b) exercise the powers and discharge the duties specifically conferred or imposed on him by this Act; and
(c) exercise overall supervision over the working of the Municipality and shall co-ordinate the functions of the Municipality, the Secretary and the Committees thereof.
(1) The Chairperson shall have power to inspect all records of the Municipality and direct the Secretary to submit such records as he thinks necessary, for inspection.
1[(2) All official correspondence from the Secretary to the Government and to any other authority not below the rank of district level officer of the Government and vice-versa, shall be routed through the Chairperson:
Provided that all correspondences to the Government or other local authorities except that the Chairperson by general or special order authorises the Secretary in this behalf shall have the approval of Signature of the Chairperson:
Provided also, that where the correspondences are in respect of a resolution of the council passed in contravention to any of the provisions in this Act or Rules and to furnish any information or statement or record as requested by the Government, the Secretary may address the Gov
The Chairperson shall be an ex-officio member of every Committee of a Municipality and shall have all powers of a member of such Committee except the right to vote.
(1) The Chairperson may, by order in writing, delegate any of his functions to the Deputy Chairperson:
Provided that he shall not delegate any of his functions which the Council expressly prohibits him from delegating.
(2) Where the Chairperson is continuously absent from jurisdiction for more than fifteen days or is incapacitated, his functions shall, during such absence or incapacity, devolve on the Deputy Chairperson:
Provided that where the Chairperson is within the State during such absence and is on business connected with the affairs of the Municipality, his functions shall not devolve on the Deputy Chairperson.
(3) Where the Deputy Chairperson also is continuously absent from jurisdiction for more than fifteen days or is incapacitated or the office of the Deputy Chairperson is vacant, 1[the Chairperson shall, by an order in writing, delegate "his functions
(1) A motion expressing want of confidence in the Chairperson or Deputy Chairperson 1[x xxx] may be moved in accordance with the procedure laid down in this section.
(2) Written notice of the intention to make the motion in such form, as may be prescribed, signed by such number of elected Councillors as shall constitute not less than one-third of the sanctioned strength of the Council together with a copy of the motion which is proposed to be made, shall be delivered by anyone of the Councillors signing the notice, in person to the officer authorised by the 2[State Election Commission] in this behalf.
(3) The Officer authorised under sub-section(2) shall, thereupon, convene a meeting of the elected Councillors of the Council for consideration of the motion, to be held at the office of the Municipality at a time appointed by him which shall not be later than fifteen days from the date on which the not
1[ In every Municipality there shall be constituted Standing Committees as follows, namely:-
(A) in a Town Panchayat
(1) Standing Committee for Finance
(2) Standing Committee for Development
(3) Standing Committee for Welfare
(B) in a Municipal Council
(1) Standing Committee for Finance
(2) Standing Committee for Development
(3) Standing Committee for Welfare
(4) Standing Committee for Health Education
(5) Standing Committee for Works
(C) in a Municipal Corporation
(1) Standing Committee for Finance
(2) Standing Committee for Development
(3) Standing Committee for Welfare
(4) Standing Committee for Health
1[(1) Every Standing Committee shall consist of such number of members as may be decided by the Council including its Chairman and it shall be in such a manner that every Councillor, except the Chairperson and the Deputy Chairperson shall be elected as a member of anyone of the Standing Committee and the number of members to be elected to each Standing Committee shall, as far as possible, be equal.
(2) The number of members of each Standing Committee as decided by the Council under sub-section (1) shall not be changed during the tenure of the Council.
(3) In every Standing Committee, there shall be members elected by the councillors from among themselves under the proportional representation system by single transferable vote and no Councillor shall be a member of more than one Standing Committee at the same time.
(4) The Chairman of any Standing Committee other than the Standing Committe
(1) The powers and functions of the Standing Committees of the Municipality shall be as follows, namely:
(a) The Standing Committee for Finance in a Town Panchayat,-
(i) shall supervise the utilisation of the budget grants and watch carefully the timely assessment and collection of taxes, fees, rents or other sums due to the Town Panchayat;
(ii) shall inspect frequently the, accounts of the Town Panchayat;
(iii) shall watch carefully the release of the grant by the Government and its proper utilisation;
(iv) shall conduct monthly audit of the accounts and check the, monthly demand, collection and balance and abstract of receipts and expenditure of the proceeding month as furnished by the Secretary.
(v) may, subject to such rules as may be prescribed, write off such sums due to the Council as appears to the Committee as irrecov
(1) In every Municipality there shall be a Steering Committee consisting of the Chairperson, Deputy Chairperson, and Chairmen of Standing Committees and Chairperson shall be the Chairman of the said Committee.]
(2) Steering Committee shall,-
(a) co-ordinate and monitor the functioning of the Standing Committees,
1[(b) xxxx]
(c) discharge the powers and functions entrusted to it by the Council.
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1. Sub-sections (1) & (2) omitted by ibid.
1[Omitted]
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1. Sub-sections (1) & (2) omitted by ibid.
Notwithstanding anything contained in this Act, a Standing Committee may, for the discharge of the functions assigned to it, require the Secretary or any other employee of the Municipality to produce any record, report, return, document and other particulars and may require him to be present at the meeting of the Committee for seeking further information, as it may deem fit, and he shall be bound to comply with such requisition.
1[Functions of the Chairman of the Standing Committee]
2[(1) xxxx]
2[(2) xxxx]
3[(1)] The Chairman of a Standing Committee shall preside at its meetings and in his absence, a member chosen by the members present from among themselves shall preside over the meeting.
(2) A member presiding at a meeting of the Standing Committee shall, while so presiding, have all the powers and be subject to all the obligations of the Chairman.
(3) The person presiding over the meeting shall control the meeting and shall decide all points of order and procedure arising at or in connection with a meeting.]
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1. Substituted by Act 14 of 1999, w.e.f. 24-3-1999.
2. Sub-sections (1) & (2) omitted by ibid.
(1) The Chairman of a Standing Committee, Mother than that of a Standing Committee for Finance] may, unless sooner resigns, hold office as such so long as he continues as a member of that Committee.
(2) Where a vacancy occurs in the office of a Chairman referred to in sub-section (1), the Standing Committee shall at its next meeting, elect a member to be its Chairman.
(3) A member elected under sub-section (2) shall hold office for the remaining term of office of the person in whose place he was elected.
(4) Where a vacancy occurs in the office of Chairman 1[of a Standing Committee for Finance], a member chosen by the members of that Committee from among themselves shall act as Chairman until a person to fill the vacancy is elected.
1[(1) A member other than an ex-officio member of a Standing Committee and the Chairman of a Standing Committee other than the Standing Committee for Finance may resign his Chairmanship or membership, as the case may be, of the Standing Committee by tendering resignation to the Secretary in the form prescribed and the resignation shall take effect from the date of its receipt by the Secretary and the Secretary shall report the fact forthwith to the Chairperson and the Council.
(2) The person who resigns his membership or chairmanship of the Standing Committee may, either tender his resignation directly or send through registered post if such resignation letter is attested by a gazetted officer, as the case may be, to the Secretary and the Secretary shall acknowledge receipt of the same.
(3) If a Standing Committee cannot function effectively due to the resignation of the majority of the members there from, or d
Subject to the provisions of this Act, the Administration of the Municipality shall vest in the Council, and the Council shall, if necessary, be entitled to exercise, in the manner prescribed, the functions expressly assigned by or under this Act or any other law to the Chairperson, the Secretary, a Standing Committee or any other Committee.
1[(1) The administration of a Municipal area in respect of the matters enumerated in the First Schedule shall, subject to the provisions of this Act and such other provisions as may be prescribed in this behalf and the provisions of other Acts and the rules made thereunder vest in the Municipality and it shall have the power and responsibility to prepare and implement schemes for economic development and social justice in relation to the matters enumerated in the First Schedule:
Provided that, it shall be the duty of the Municipality to render necessary service to the inhabitants of the Municipal area in respect of the matters enumerated as mandatory functions in the First Schedule];
(2) Municipality shall have such powers, authority and responsibilities of the Government 1[as prescribed], to enable it to function as an institution of self government in respect of the matters entrusted to it.
(1) Every Councillor of a Municipality shall have the right-
(a) 1[to call the attention of the Chairperson or Secretary of the Municipality to any neglect in the execution of municipal work, to any waste of municipal property, or to the needs of any locality in the municipal area, to inspect the works or schemes conducted by the Municipality] and may suggest improvements which may appear to him desirable;
(b) to move resolutions and to interpolate the Chairperson on matters connected with the Administration of a municipality subject to such regulations, as may be framed by the Council;
(c) of access to the records of the Municipality during office hours after due notice to the Secretary, provided that the Commissioner may, with the approval of the Chairperson, for reasons given in writing, refuse such access.
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The Council may, at any time, require the Secretary to produce any record or document, in his custody relating to the Municipality.
The Council may, at any time, call for any extract from the proceedings of the Standing Committees or of any other committees or any return, statement, account or report relating to any matter which such committee is empowered to deal with and every such requisition shall be complied with by the Secretary.
Every Standing Committee, other committees and the Secretary shall be bound to give effect to every resolution of the Council unless such resolution is suspended or cancelled.
(1) The Council may, subject to the provisions of the Act, constitute Committees for the purpose of exercising such powers, discharging such duties or performing such functions, as it may delegate to them, and may appoint any Councillor or Committee to enquire into and report or advise on any matter referred to him or it.
(2) The Council may specially invite as members of any Committee, persons who are not Councillors but who may, in the opinion of such council, possess special qualifications for serving in such Committee:
Provided the number of persons so invited shall not, in any case, exceed one-third of the total number of the members of that Committee.
(1) The proceedings of the Council, the Standing Committees and other Committees of a Municipality shall be governed by such rules, as may be prescribed, and such regulations, as may be made by such Council in accordance with the model Regulations provided by the Government.
(2) The rules and regulations made under sub-section (1) may contain the following matters, namely:-
(a) the time and place of meetings;
(b) the manner In which notice of meetings shall be given;
(c) the preservation of order and the conduct of proceedings at meetings and enforcing decisions on points of order and taking decisions on disputes and the powers, the Chairperson or Chairman, as the case may be, may exercise;
(d) the division of duties among the members of the Council;
(e) the constitution and procedure of Committees;
(f) fixin
(1) The Council of a Municipality may, 1[if the Local Self Government Institutions so decide or if so required by the Government], 1[join with any other Local Self Government Institutions] to constitute a Joint Committee for any purpose in which they are jointly interested or for any matter for which they are jointly responsible.
1[(2) The Joint Committee shall not include any person as member who is not a Councillor or a member of a Panchayat, but any person who in the opinion of the Committee, possesses special qualifications for serving in that Committee, may be allowed to participate as special invitees in the meetings of the committee.]
(3) The Constitution and proceedings of a Joint Committee shall be governed by such regulations as may be made by 1[the Local Self Government institutions concerned with their mutual agreement], which shall include provisions for all or any
(1) Every meeting of the Council of a Municipality shall be presided over by the Chairperson or in his absence by the Deputy Chairperson or 1[the Chairman of the Standing Committees in the order specified in sub-section (1) of section 20 and in that absence], by a Councillor chosen by the Councillors present from among themselves:
Provided that, where two or more Councillors are proposed and seconded the Secretary, or, in his absence, the officer authorised to perform the functions of the Secretary shall conduct the election in such manner, as may be prescribed.
(2) The Chairperson or the person presiding shall control the meeting and shall decide all points of order arising at or in connection with a meeting. There shall be no discussion on a point of order and the decision taken by the Chairperson or the person presiding shall, save as otherwise provided in this Act, be final.
(3) Wher
(1) No Councillor shall vote on, or take part in, a discussion on any question coming up for consideration at a meeting of the Councilor any Committee, in which he has any direct or indirect interest.
(2) The Chairperson may prohibit any Councillor from voting, on, or taking part in, the discussion of any matter in which he believes such Councillor to have such interest or he may require such Councillor to absent himself from the meeting during such discussion.
(3) Such Councillor may challenge the decision of the Chairperson who shall, thereupon, put the question to the meeting for a decision which shall be final.
(4) Where a Chairperson is believed by a Councillor present at a meeting to have any pecuniary interest in any matter under discussion, he may, if a motion to the effect be carried, be required to absent himself from the meeting during such discussion.
(5) The counc
1[(1) The Chairperson, Deputy Chairperson or any other Councillor of a Municipality may resign his office by tendering resignation to the Secretary of the Municipality in the form prescribed and the resignation shall take effect from the date of its receipt by the Secretary and the Secretary shall report the fact forthwith to the Council and to the State Election Commission.
(2) The Chairperson, Deputy Chairperson or the Councillor who resigns his office may, either tender his resignation directly or send through registered post if such resignation letter is attested by a Gazetted Officer, as the case may be, to the Secretary and the Secretary shall acknowledge receipt of the same.
(3) Where any dispute arises in respect of any resignation, it shall be referred to the State Election Commission for decision and its decision thereon shall be final:
Provided that no such dispute referred af
(1) When a new Chairperson or Deputy Chairperson or Chairman of a Standing Committee is elected or when a special officer or Administrative Committee is appointed, the Chairperson or the Deputy Chairperson or the Chairman of a Standing Committee or Special Officer or Administrative Committee vacating office shall, as the case may be, hand over charge of their office to the above mentioned persons concerned and shall hand over all records and properties belonging to the Municipality which are in their custody to the persons who so assume charge,
(2) The provisions of sub-section (1) shall, mutatis mutandis, apply to the handing over the charge of office by a Councillor vacating his office.
1[ In every Municipality where the population exceeds one lakh, there shall be constituted a Ward Committee for each ward of that Municipality as provided in Section 43, within three months from the date of its constitution.
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1. Substituted by Act 14 of 1999, w.e.f. 24-3-1999.
Section 42 of the Kerala Municipality Act, 1994, pertains to the powers and responsibilities of the Municipality regarding the management and regulation of land, property, and urban planning within its jurisdiction. It forms a core component of the statutory framework empowering local self-governments to regulate land use, development, and urban infrastructure, aligning with constitutional mandates for decentralized governance.
Section 42 authorizes the Municipality to acquire land, manage properties, and regulate development activities within its area. It provides the Municipality with the authority to enact rules, impose restrictions, and undertake development schemes for urban planning, including the regulation of building activities, land diversion, and town planning.
The scope encompasses:- Land acquisition for public infrastructure, amenities, and development projects- Regulation of land use in accordance with approved schemes- Oversight over building permits and construction activities- Implementation of town planning schemes and development plans- Management of public spaces, parks, and open areas- Ensuring compliance with statutory planning requirements
While Section 42 itself does not prescribe specific punishments, violations of land use regulations, unauthorized constructions, or breach of development schemes under this section may attract penalties such as fines, demolition orders, or criminal sanctions under relevant provisions of the Kerala Municipality Act, 1994, and other allied laws like the Kerala Building Rules or environmental statutes.
"Land Acquisition" - Section 42 authorizes municipalities to acquire land for public purposes, aligning with provisions under the Land Acquisition Act, 1894, and emphasizing the importance of public interest in urban development. [Case: Property Tax - Recovery of Arrears, S.237, Maruti Countrywide Auto Financial Services Ltd. VS Thodupuzha Municipality, rep by its Secretary]
"Urban Planning" - The section empowers municipalities to formulate and implement town planning schemes, which must conform to constitutional provisions and statutory frameworks, but may conflict with older schemes if not properly varied or notified. [Case: Writ Petition on Town Planning Scheme, Boban Thomas, S/o. Joseph Thomas VS Kottayam Municipality]
"Regulation of Construction" - Section 42 enables the Municipality to regulate building activities, including issuing permits and ensuring compliance with building rules, but cannot override statutory restrictions or violate constitutional rights. [Case: Building Permit and Unauthorized Construction, Excelsior English Medium Higher Secondary School, Illickal, Kottayam,, Managed By M/S Excelsior Estates (P) Ltd. , Illickal, Kottayam West P. O. -686 003 And Represented Herein By Its Director, Sri N. J. Mathew. VS Secretary, Kottayam Municipality, Kottayam]
"Environmental Management" - The municipality’s authority under Section 42 extends to overseeing environmental hygiene, drainage, and waste management, with violations liable to penalties under environmental laws. [Case: Drainage Obstruction, K. MURALEEDHARAN, VICE CHAIRMAN, TALIPARAMBA MUNICIPALITY, TALIPARAMBA VS STATE OF KERALA]
"Open Spaces and Parks" - The section supports preservation and management of open spaces, parks, and recreational areas, which cannot be diverted for other purposes unless schemes are varied or approved by higher authorities. [Case: Town Planning Scheme and Parks, P. Sivakumar VS Chalakudy Municipality, Rep. by its Secretary]
"Land Diversion" - The municipality can divert watercourses and public water bodies for development projects, provided it follows due process and constitutional limits, as upheld in judicial decisions. [Case: Diversion of Kuroor Thodu, KURIAKOSE K. A. VS STATE OF KERALA]
"Building Regulations" - The powers under Section 42 facilitate enforcement of building rules, but the municipality must act within the bounds of law, avoiding arbitrary or illegal orders, as clarified in judicial pronouncements. [Case: Unauthorized High Rise Construction, Mohammed Habeebulla, 'Habeebina' VS Corporation Of Cochin Represented By Its Secretary]
"Development Schemes" - The section authorizes the formulation of development schemes that integrate land use, transportation, and infrastructure, but these schemes must be consistent with statutory provisions and notified plans. [Case: Urban Development and Schemes, Gilbert A. X. VS State of Kerala]
"Legal Limitations" - Municipal powers under Section 42 are subject to limitations imposed by constitutional provisions, central laws, and judicial review, especially concerning individual rights, environmental protections, and procedural fairness. [Case: Judicial Review of Town Planning, State Of Kerala VS K. P. Muhammed Ashraf, S/o. Muhammed Kunhi Haji]
"Natural Justice" - Actions taken under this section, such as land acquisition or demolition, must adhere to principles of natural justice, including notice, hearing, and fair procedures, as emphasized in relevant case law. [Case: Natural Justice in Land Diversion, KURIAKOSE K. A. VS STATE OF KERALA]
"Conflict with Other Laws" - Section 42’s exercise must be harmonious with other laws like the Kerala Land Acquisition Act, 1894, Kerala Water Resources Act, and environmental statutes; inconsistency may lead to judicial invalidation. [Case: Land Acquisition and Land Use, KURIAKOSE K. A. VS STATE OF KERALA]
"Judicial Oversight" - Courts retain the authority to review municipal actions under Section 42, ensuring that powers are exercised within legal bounds, and that arbitrary or unconstitutional orders are struck down. [Case: Judicial Review of Municipal Orders, State Of Kerala VS K. P. Muhammed Ashraf, S/o. Muhammed Kunhi Haji]
"Public Participation" - The section implicitly supports public participation in development schemes, requiring transparency, public notice, and opportunities for objections, aligning with constitutional mandates. [Case: Public Consultation in Town Planning, Boban Thomas, S/o. Joseph Thomas VS Kottayam Municipality]
"Environmental and Social Justice" - The municipality’s powers under Section 42 must respect environmental laws and social justice principles, preventing harm to ecology or marginalized communities. [Case: Environmental Protection, K. MURALEEDHARAN, VICE CHAIRMAN, TALIPARAMBA MUNICIPALITY, TALIPARAMBA VS STATE OF KERALA]
"Limitations on Power" - The scope of Section 42 is limited by constitutional provisions (Articles 14, 21), requiring that municipal actions be fair, non-arbitrary, and legally sustainable. [Case: Arbitrariness in Land Use, State Of Kerala VS K. P. Muhammed Ashraf, S/o. Muhammed Kunhi Haji]
"Procedural Due Process" - Any exercise of powers under Section 42 must follow prescribed procedures, including public notices, hearings, and compliance with rules, failure of which can nullify actions. [Case: Procedural Irregularities, K. M. Subaidabi, W/o Late Bavakunju VS State Of Kerala]
"Legal Validity of Schemes" - Town planning and development schemes enacted under this section must be legally notified, varied, and in accordance with the statutory framework; invalid schemes are subject to judicial scrutiny. [Case: Town Planning Scheme Validity, Boban Thomas, S/o. Joseph Thomas VS Kottayam Municipality]
"Authority to Regulate Water Bodies" - The section supports regulation and diversion of water bodies, but such actions require adherence to environmental laws and judicial approval to prevent nuisance and ecological damage. [Case: Water Diversion, KURIAKOSE K. A. VS STATE OF KERALA]
"Amendments and Overriding Laws" - Any amendments to the powers under Section 42 must align with constitutional amendments, and the section’s exercise cannot contravene central laws or fundamental rights. [Case: Constitutional Validity, State Of Kerala VS K. P. Muhammed Ashraf, S/o. Muhammed Kunhi Haji]
This concise legal commentary synthesizes the scope, scope limitations, and judicial interpretations related to Section 42, illustrating its vital role in facilitating decentralized urban development while emphasizing the importance of lawful and constitutional exercise of municipal powers.
(1) In every Municipality where the population does not exceed one lakh, there shall be a Ward Sabha for each of its Ward and all persons included in the electoral roll of that ward shall be members of that Ward Sabha.
(2) The Councillor who represent a Ward shall be Convenor of that Ward Sabha, but due to any reason, physical or otherwise, the Convenor is unable to perform his function as such the Chairperson may appoint a Councillor representing any adjacent ward as the Convenor.
(3) The Ward Sabha shall meet at least once in three months at a specified place and every meeting of the Ward Sabha shall be presided over by the Chairperson or in his absence. Deputy Chairperson or any Standing Committee Chairman authorised by the Chairperson or in their absence by the Convenor.
(4) The Convenor of the Ward Sabha shall convene an extraordinary meeting of the Ward Sabha within fifteen days when a request
A Councillor representing a ward in any Municipality having a population of more than one lakh may convene the meeting of the voters whose names are included in the voters list of each ward for giving proposals to the Municipality regarding the formulation of development schemes.)
1[ The Ward Committee shall consist of the following members, namely:-
(a) the Councillor of that ward who shall be its Chairman;
(b) fifteen persons to be elected in the manner prescribed, from among the members of the resident's association of that Ward, which are registered in the Municipality;
(c) twenty members to be elected in the manner prescribed from among the members of the registered neighbourhood groups of that Ward which are registered in the Municipality;
(d) one person each nominated by every political party having representation in the Municipality;
(e) the Heads of all recognised educational institutions functioning in that Ward;
(f) twenty persons nominated jointly by the Chairperson and Councillor of the Ward, of whom,- '
(i) ten shall be from the persons representing the cultur
(1) The Ward Committee shall meet at least once in three months for discharging the duties and performing the functions as may be assigned to it by the Council, from time to time.
(2) The meeting of a Ward Committee shall be convened by its Chairman.
(3) The Chairman, or in his absence, a member chosen, by the members present, from among themselves, shall preside over the meeting.
(4) The Secretary and the Heads of Departments in the services under the Municipality shall attend the meetings of the Ward Committee and produce any document or furnish any information or report required by that Committee.
(5) The procedure to be followed in respect of quorum and details of a meeting shall be such as may be prescribed,
1[(1) Ward Committee or Ward Sabha shall subject to such manner and procedure as may be prescribed, exercise and perform the following powers and functions, namely:-
(a) assist the collection and consolidation of details necessary for the formulation of development schemes for the Municipality;
(b) formulate proposals on development schemes to be implemented in the Municipal area, determine the priority and make available information regarding the functional schemes for the next three months;
(c) prepare the final list of eligible beneficiaries in the order of priority by finding out eligible applicants from the Ward area based on the criterion prescribed in respect of the beneficiary oriented schemes and to submit the same to the Municipality;
(d) render necessary assistance for the effective implementation of development schemes providing necessary local facilitie
1[(1) The Ward Committees and Ward Sabhas shall have the following duties, namely:-
(i) disseminate information regarding the development and welfare activities;
(ii) participate and propagate the programmes regarding health and literacy and other similar time-bound development, programmes;
(iii) Collect essential Socio-economic basic data;
(iv) provide information by collecting the progress regarding development activities;
(v) adopt moral means for payment of taxes, repayment of loans, improvement of environmental cleanliness and maintenance of social harmony;.
(vi) mobilise, resources locally to augment the financial sources of the Municipality;
(vii) supervise development activities as voluntary groups;
(viii) make arrangements to report immediately the occurrence
The duration of a Ward Committee constituted in a Municipality shall be co-terminus with that of the Municipality.
(1) For every Municipality there shall be a Secretary appointed by the Government, in consultation with that Municipality, who shall be an officer of the Government borne on such cadre, as may be prescribed, and shall be the Executive Officer of the Municipality and the other officers and employees of the Municipality shall be subordinate to him.
(2) The Secretary shall not without the sanction of the Municipality or the Government, undertake any work unconnected with his office.
(3) The pay and allowances of the Secretary, as fixed by the Government from time to time, shall in the first instance to be paid from the State funds. The whole of the pay and allowances paid to the Secretary and the contributions towards his leave salary and pension to the extent required shall be credited monthly to the State funds by the Municipality.
(4) The Government may grant leave to the Secretary and appoint a sub
1[(1) Subject to the provisions of this Act and the rules made thereunder, the Secretary shall.-
(a) record his opinion in writing on all matters with which he is concerned and which require the decision of the Chairperson, the Council or the Standing Committee; and
(b) implement the resolutions of the Council and the Standing Committee:
Provided that where the Secretary is of opinion that any resolution has not been legally passed or exceeds the powers conferred by this Act or by any other law or by the rules made thereunder or that if carried into effect it may endanger communal harmony or public safety or it is contrary to the Central State Policy, the Secretary shall request the council in writing to review the matter and express his views during review by the council and if the council sticks on to its earlier decision, he shall refer it to the Government for appropriate action and
(1) The Secretary shall attend the meetings of the Council and the meetings of the Standing Committee or any other Committee of a Municipality and may take part in the discussions thereat; as an advisor, but shall not have the right to move any resolution or to vote.
(2) Subject to any direction given or any restriction imposed by the Government or the Municipality, the Secretary may, by order in writing, delegate any of his functions to any officer or employee of the Municipality who shall be bound to carry out such functions. The discharge of the functions so delegated shall be subject to such restrictions, limitations and conditions as may be laid down by the Secretary and shall also be subject to his control and revision.
(3) The officer or employee to whom the power is delegated under sub-section (2) shall have all the rights, privileges and authority of the Secretary with respect to such functions and shall like-wis
1[(1) Ward Committee or Ward Sabha as the case may be] shall prepare every year in such form, as may be prescribed, a development plan for the ward along with an estimate of the expenditure therefor, for the next year and after finalising it in a meeting held three months before a financial year, submit the same to the Municipality concerned.
1[(2) Every Municipality shall prepare every year a development plan for the succeeding year considering the development plans submitted by the Ward Committees or Ward Sabhas of the Municipality in the prescribed manner for that Municipal area and submit the same to the District Planning Committee before such date as prescribed].
Explanation.- For the purpose of this section "development plan" means a development plan for economic development, social Justice 1[Improvement of living conditions, creation of employment opportunities and increase of prod
(1) Notwithstanding anything contained in any law for the time being in force, the Government may, subject to the condition, as they may think fit to impose, entrust by an order published in the Gazette to a Municipality, implementation of such schemes of economic development and social justice including the schemes in relation to the matters enumerated in the Twelfth Schedule to the Constitution, as they deem fit
(2) Where the Government entrust a scheme under sub-section (1) to a Municipality, they shall allot to that Municipality such fund and staff as may be necessary to enable the Municipality to Implement the scheme.
(3) Where disciplinary action has to be initiated against any officer as referred to in sub-section (2), the Chairperson concerned shall have the right to conduct enquiry against such officer or employee and report the same to Government.
(4) Notwithstanding anything contained in
1[ The administration of Municipality on any of the undertakings for generating, transmitting, supplying and consuming the electrical energy shall not be contrary to the Indian Electricity Act. 1910 (Central Act 9 of 1910) or Electricity (Supply) Act, 1948 (Central Act 54 of 1948) or the rules made under these Acts or the conditions in the licence issued to the Municipality, and shall be subject to the conditions as may be prescribed].
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1. Inserted by Act 14 of 1999, w.e.f. 24-3-1999.
(1) The Government shall constitute in every district, a District Planning Committee at the district level to consolidate the plans prepared by the Panchayats and the Municipalities in a district and to prepare a draft development plan for the district as a whole.
(2) The Committee shall consist of fifteen members of whom
(a) twelve members shall be elected, in such manner as may be prescribed, by and from amongst the elected members of the Panchayats at the district level and of the Municipalities in the district in proportion to the ratio between the population of the rural areas and of the urban areas in the district:
(b) the President of the District Panchayat in that district;
(c) one shall be a person having considerable experience in administration and planning, nominated by the Government;
(d) the District Collector concerned, ex-officio.
(1) The Government shall, by notification in the Gazette, constitute a Metropolitan Planning Committee in a Metropolitan area to prepare a draft development plan for such area as a whole.
(2) The Metropolitan Planning Committee shall consist of fifteen members of whom.
(a) ten shall be elected, in such manner as may be prescribed, by and from amongst, the elected members of the Municipalities and the Presidents of the Village Panchayats in the Metropolitan area in proportion to the ratio between the population of the Municipalities and Village Panchayats in that area;
(b) five shall be nominated by the Government of whom-
(i) one shall be an officer of the rank of a Secretary to Government or an eminent person having experience in local administration or public administration;
(ii) one shall be an officer not below the rank of Senior Town Planner of th
1[(1) The Government shall, by notification in the Gazette, constitute a State Development Council and it shall consist of the following members,
(a) the Chief Minister who shall be its Chairman;
(b) members of the Council of Ministers of the State, the Leader of Opposition of the State Legislative Assembly, who shall be its Vice-Chairman;
(c) the Chairmen of the District Planning Committees;
(d) the Mayors of the Municipal Corporations;
(e) two Chairpersons of the Municipal Council, two Chairpersons of the Town Panchayat two Presidents of the Block Panchayat and two presidents of the Grama Panchayat, nominated by the Government;
(f) the Vice-chairman of the State Planning Board; and
(g) the Chief Secretary who shall be its Member-Secretary.
(2) The State Development Council
Chapter V
1[Functions of the Government]
(1) Government or the officer authorised by them in this behalf may inspect any office under the control of the Municipality or any movable property kept therein or any immovable property or any work which is in progress.
(2) The Government or the officer authorised by them in this behalf may-
(a) call for any document in the Custody of the Municipality;
(b) require the 1[Chairperson or the Secretary] to furnish any return, plan, estimate, statement, account or statistics;
(c) require the 1[Chairperson or the Secretary] to furnish any information or report or any matter relating to the Municipality; and
(d) record in writing any observation for the consideration of the Council, Chairperson or Secretary, as the case may be
1[(1) The Government may, suo motu or on a reference by the Chairperson the Secretary, or a Councillor of the Municipality or on a petition received from a citizen, cancel or amend a resolution passed or a decision taken by the council, which in their opinion,
(a) has not been legally passed or taken; or
(b) is in excess or abuse of the powers conferred by this Act or any other law; or
(c) is likely to endanger human life, health safety, communal harmony or public peace, or is likely to lead to a riot or quarrel; or
(d) has violated the guidelines issued by the Government in the matter of Implementation of plans, schemes or programmes or the conditions of grants.
(2) Before cancelling, or amending a resolution or decision under sub-section (1), the Government shall refer the matter for the consideration of the Ombudsman constituted under Secti
1[(1) Notwithstanding anything contained in this Act, the Government shall have the power to issue directions to the Municipality in accordance with the National and State policies in matters of finance, maintenance of accounts, office management, selection of schemes, sites and beneficiaries, proper functioning of Ward Sabhas and Ward Committees, welfare programmes, environment control etc. and the Municipality shall comply with such directions.
(2) Where default or abuse of power in the implementation of schemes or maintenance of accounts is reported or specific complaint has been received in the matter, the Government may arrange for such enquiry as it deems fit and the Municipality shall co-operate with that enquiry.
(3) After such enquiry, the Government may take actions which are necessary and permissible under this Act].
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1. Subs
(1) The Government may, by notification in the Gazette, authorise one or more officers to exercise any of the powers vested in them under this Act, except the power to make rules, in respect of any Municipality or all Municipalities and in like manner withdraw such authorisation.
(2) The exercise of any of the powers delegated under sub-section (1) shall be subject to such restrictions and conditions as may be specified in the notification. The Government shall also have the power to control or review the acts or proceedings of any person so authorised.
1[Omitted]
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1. Omitted by Act 14 of 1999, w.e.f. 24-3-1999.
1[(1)] Where, at any time, it appears to the Government that a Municipal authority has made default in performing any duty imposed on it by or under this Act or any other law for the time being in force, they may, by order in writing, direct such authority to perform the duty within such period, as may be specified, therein, and such authority shall be bound to comply with such direction.
1[(2) If such duty is not performed or such order is not carried out within the period specified under sub-section (1), the Government may, after giving a reasonable opportunity to the Municipality, to its chairperson or to the Secretary, as the case may be, to show cause why further action should not be taken under this section, appoint any officer or authority to perform the duty or to carry out the functions and the expenses to be incurred for that shall be paid from the funds of the Municipality within such time as determined by the G
The Government may, with the consent of a Municipality, undertake on its behalf the construction of water supply, drainage or any other work, appoint any officer or person to carry out the construction of such works and direct that the expenses including the pay and allowances of such officers be paid from the Municipal fund in priority to any charges except charges for the service of authorised loans.
1[(1) Every Municipality shall in accordance with the provisions of this section publish a report of its administration in each year in such form and with such details as the Government may direct, within the thirtieth day of September of the succeeding year and where the report is not published within the said time limit, the Government may withhold the payment of grants due to the Municipality thereafter.
(2) The draft of the Administration Report in respect of the institutions, offices and officers under the control of the Municipality shall be prepared by the heads of such institutions and offices and furnish to the Secretary of the Municipality and he shall prepare the draft of the administration report of that Municipality in consultation with the Chairperson and place it before the Standing Committee for Finance for scrutiny and then to the Council for approval.
(3) The Administration Report of the Munic
1[(1) Before the expiry of a financial year, if the council fails to approve, the budget of the Municipality for the succeeding financial year, and if, for that reason, there is financial crisis to the Municipality or if the majority of the councillors resign or have been disqualified, the Government may, by notification in the Gazette, dissolve the Municipality from such date as may be specified therein and shall forward a copy thereof to the State Election Commission.
Provided that before such dissolution, the Municipality shall be given a reasonable opportunity of being heard.
(1A) Where the Government are of opinion that a Municipality consistently makes default in performing the duties Imposed on it by law or in carrying out the orders or directions issued in accordance with law by the Government or exceeds or abuses its powers, they may, by notification in the Gazette, dissolve the said Municipality and
1[Appointment of Special Officer or Administrative Committee for the administration of Municipality]
1[(1) Where the term of a Municipality has been expired and a new Municipality has not been constituted or where a Municipality has been dissolved under Section 64, Government shall, by notification in the Gazette, appoint a Special Officer or an Administrative Committee consisting of not less than three members who are Government employees for the period as maybe specified in the notification for the administration of the Municipality:
Provided that, the term of appointment shall, not in any case be exceeded six months.]
1[(A) xxxx]
(2) The Administrative Committee or the Special Officer appointed under sub-section (1) shall, subject to the control of the Government and to such instructions or directions as the Government may issue, fro
1[Omitted]
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1. Omitted by Act 14 of 1999, w.e.f. 24-3-1999.
1[Omitted]
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1. Omitted by Act 14 of 1999, w.e.f. 1-10-2000.
The superintendence, direction and control of the preparation of electoral rolls, for, and the conduct of, all elections to the Municipalities shall vest in the State Election Commission.
(1) For the purpose of election of Councillors to Municipalities, 1[State Election Commission or the officer authorised by it in this behalf] shall, after previous publication of the proposals inviting objections or suggestions, if any and after considering the same, divide the Municipalities into as many wards as there are number of seats as notified under section 6 2[and determine the boundaries thereof]:
Provided that the population of each ward in a Municipality shall, as far as practicable, be equal.
(2) Copies of the proposals published and final orders issued under sub-section (1) shall be published by affixing copies thereof on the notice board of the office of the Municipality concerned, and in such conspicuous places within the concerned municipal area. The fact of such publication shall be published in the Gazette and in two local newspapers having wide circulation within the munic
1[(1) The State Election Commissions may, either suo moto or on application, review any order passed under section 69 and pass such orders as it may deem fit.
(2) An application for review under sub-section (I) shall be submitted within fifteen days from the date of passing of the final order on which the compliant is based:
Provided that the time taken for obtaining a copy of the order against which the complaint has been filed shall be excluded from calculating the said fifteen days.
(3) Any order issued by the State Election Commission under sub-section (1) shall be published, as soon as may be after it is issued, by affixing in the notice board of the concerned Municipality and in a conspicuous place within such Municipal area and the fact of such publication shall be published, in the Gazette and in two local newspapers having wide circulation in the concerned Municipal area.]
<The validity of any law relating to the delimitation of wards or allotment of seats to such wards shall not be called in question in any court.
(1) The State Election Commission shall, in consultation with the Government, designate or nominate an officer of the Government or of the local authority as a District Election Officer for each District:
Provided that if the State Election Commission is satisfied that the duties of such office cannot be satisfactorily performed by anyone such officer, it may, in consultation with the Government designate or nominate more than one such officers for a District.
(2) Where more than one District Election Officers are designated or nominated for a district, the State Election Commission shall, specify, in the order designating or nominating the District Election Officers the area within which each such officer shall exercise jurisdiction.
(3) Subject to the superintendence, direction and control of the State Election Commission, each District Election Officer shall co-ordinate and supervise all functio
(1) An Electoral Registration Officer shall prepare and renew the voters list with respect to each ward of a Municipality, in such manner as may be prescribed and he shall be an officer of the Government or a local authority designated or nominated by the State Election Commission in consultation with the Government.
(2) The Electoral Registration Officer may, subject to such restriction as may be prescribed, depute competent teachers including those of aided schools or Government employees or employees of local authorities, to prepare and revise the voters list of the wards.
(3) The State Election Commission may designate one or more persons as Assistant Electoral Registration Officers to assist the Electoral Registration Officer in the discharge of his functions:
Provided that each such person shall be an officer of the Government or of a Municipality.
(4) Each Assistant El
There shall be an electoral roll for every ward in a Municipality which shall be prepared in accordance with the provisions of this Act and under the superintendence, direction and control of State Election Commission.
(1) A person shall be disqualified for registration in an electoral roll if he-
(a) is not a citizen of India; or
(b) is of unsound mind and stands so declared by a competent court; or
(c) is for the time being, disqualified from voting under the provisions of any law relating to corrupt practices and other offences in connection with elections.
(2) The name of any person who becomes so disqualified after registration shall forthwith be struck off from the electoral roll in which it is included:
Provided that the name of any person struck off from the electoral roll of a ward by reason of disqualification under clause (c) of sub-section (1), shall forthwith be reinstated in that roll if such disqualification is, during the period such roll is in force, removed under any law authorising such removal of disqualification.
No person shall be entitled to be registered in the electoral roll for a ward in a Municipality more than once and a person registered in the electoral roll for a ward in a Municipality shall not be entitled to be registered in the electoral roll for any other ward in that Municipality or any other Municipality or any constituency in a Village Panchayat.
Subject to the provisions of sections 74 and 75, every person who-
(a) Is not less than eighteen years of age on the qualifying date; and
(b) is ordinarily resident in a ward in a Municipality, shall be entitled to be registered in the electoral roll for that ward.
Explanation.- For the purposes of this section and section 78, "qualifying date-in relation to the preparation or revision of an electoral roll, means the first day of January of the year in which it is so prepared or revised.
(1) A person shall not be deemed to be ordinarily resident in a ward in a Municipality on the ground only that he owns or is in possession of a dwelling house therein.
(2) A person absenting himself temporarily from his place of ordinary residence shall not, by reason thereof, cease to be ordinarily resident therein.
(3) A Member of the Parliament or of the State Legislative Assembly or the Chairperson or Deputy Chairperson of a Municipality shall not, during the term of his office, cease to be ordinarily resident in the ward, in the electoral roll of which he is registered as an elector at the time of his election as such Member, Chairperson or Deputy Chairperson, by reason of his absence from that ward in connection with his duties as such Member of Chairperson or Deputy Chairperson, as the case may be.
(4) A person who is a patient in any establishment maintained wholly or mainly for the receptio
(1) The electoral roll for each ward in a Municipality shall be prepared by the Electoral Registration Officer in the prescribed manner with reference to the qualifying date and shall come into force immediately upon its final publication in accordance with the rules made under this Act.
(2) The said electoral roll shall.-
(a) unless otherwise directed by the State Election Commission, for reasons to be recorded in writing, be revised by the Electoral Registration Officer in the prescribed manner with reference to the qualifying date-
(i) before each ordinary election to a Municipality; and
(ii) before each bye-election to fill a casual vacancy in a Council;
(b) be revised in any year in the prescribed manner with reference to the qualifying date if such revision has been directed by the State Election Commission:
Provided that
If the Electoral Registration Officer, on application made to him or on his own motion, is satisfied after such enquiry as he thinks fit, that any entry in an electoral roll,-
(a) is erroneous or defective in any particulars; or
(b) should be transposed to another electoral roll on the ground that the person concerned has changed his place of ordinary residence; or
(c) should be deleted on the ground that the person concerned is dead or has ceased to be an ordinarily resident in a ward or is otherwise not entitled to be registered in that roll, the Electoral Registration Officer shall amend, transpose or delete the entry, as the case may be:
Provided that before taking any action on any ground under clause (a) or clause (b) or any action under clause (c) on the ground that the person concerned has ceased to be ordinarily resident in a ward or, that he is otherwise not entitle
(1) Any person whose name is not included in the electoral roll for a ward may apply to the Electoral Registration Officer for the inclusion of his name in that roll.
(2) The Electoral Registration Officer shall, if he is satisfied that the applicant is entitled to be registered in the electoral roll, direct that his name be included therein:
Provided that if the applicant is already registered in any other electoral roll, the Electoral Registration Officer shall where he himself is concerned with the preparation or revision of that other electoral roll, strike off the applicant's name from that electoral roll or where he is not concerned with the preparation or revision of that other electoral roll, he shall inform such inclusion to the Electoral Registration Officer concerned who shall, on receipt of the information, strike off the applicant's name from that roll:
(3) No amendment, transposition
An appeal shall lie to the District Election Officer concerned within such time and in such manner as may be prescribed from any order of the Electoral Registration Officer under section 79 or section 80.
Every application under section 79 or section 80 and every appeal under section 81 shall be accompanied by such fee as may be prescribed which shall, in no case, be refundable.
(1) Notwithstanding anything contained in this Act, the State Election Commission may, if it deems necessary, for the purpose of election under this Act, prepare the electoral rolls of the Municipality by adopting the existing electoral rolls of the legislative assembly constituency, without conducting an enumeration.
(2) The electoral rolls of the legislative assembly constituency adopted under sub-section (1) shall be divided into separate parts for each ward of the Municipalities and all voters included in the electoral rolls of the legislative assembly constituency relating to it shall be included in the electoral rolls of the Municipality concerned.
Explanation.- In this section "legislative assembly constituency" means, the constituency for the purpose of election to the State Legislative Assembly.
(3) While preparing the electoral rolls, under sub-section (1), the State Election Commission s
If any person makes in connection with-
(a) the preparation, revision or correction of an electoral roll, or
(b) the inclusion or exclusion of any entry in or from an electoral roll.
a statement or declaration in writing which is false and which he either knows or believes to be false or does not believe to be true he shall be punishable with imprisonment for a term which may extend to two years, or with fine which 1[may extend to five thousand rupees] or with both.
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1. Substituted by Act 14 of 1999, w.e.f. 24-3-1999.
No person shall be qualified for election as a Councillor of a Municipality unless he possesses the following qualifications
(a) the name of such person appears in the electoral roll in any of the wards in that Municipality;
(b) he has completed twenty first year of age on the date of submission of nomination;
(c) in the case of a seat reserved for the Scheduled Castes or the Scheduled Tribes, he is a member of any of the Scheduled Castes or the Scheduled Tribes, as the case may be;
(d) in the case of a seat reserved for women, such person is a woman;
(e) he has not been disqualified under any other provisions of this Act;
(f) he makes and subscribes before the Returning Officer or any other person authorised by the State Election Commission an oath or affirmation in the form set out in the Second Schedule.
(1) No officer or employee in the service of a State or Central Government or a local authority or a Corporation owned or controlled by a State or the Central Government or of a company in which a State or Central Government or local authority has 1[not less than fifty one per cent share] or Boards or any University established under a State enactment shall be qualified for election as, or for holding the office of Councillor of a Municipality.
2[Explanation.- For the purpose of this section, company means a Government Company as defined in section 617 of the Companies Act, 1956 (Central Act 1 of 1956) and includes a Co-operative Society registered or deemed to have been registered under the Kerala Co-operative Societies Act, 1969 (21 of 1969).]
(2) Any Officer or employee referred to in sub-section (1) who has been dismissed for corrupt practices or disloyalty shall be disqualified for a period of
Every person convicted of an offence punishable under Chapter IX-A of the Indian Penal Code, 1860 (Central Act 45 of 1860) or under any other provisions of law referred to in section 8 of the Representation of the People Act,.1951 (Central Act, 43 of 1951) or under any law or rule relating to the infringement of the secrecy of an election, shall be disqualified from voting or from being elected in any election to which this Act applies or from holding the office of Councillor of a Municipality for a period of six years from the date of his conviction.
(1) The case of every person found guilty of a corrupt practice by an order under section 177 shall be submitted, as soon as may be after such order takes effect, by such authority as the Government may specify in this behalf, to the Governor for determination of the question as to whether such person shall be disqualified and if so, for what period:
Provided that the period for which any person may be disqualified under this sub-section shall in no case exceed six years from the date on which the order made in relation to him under section 177 takes effect.
(2) Before giving his decision on any question under sub-section (1) the Governor shall obtain the opinion of the State Election Commission on that question and shall act according to such opinion.
1[If the State Election Commission is satisfied that a person:-
(a) has failed to submit an account of election expenses within the time and in the manner prescribed and has no sufficient reason or justification for such failure or
(b) has submitted false accounts;
(c) has Incurred election expenses in excess of the limit prescribed,
it shall, by order published in the Gazette, declare him to be disqualified and such person shall be disqualified for being elected as the Councillor 2[for a period of five years from the date of such order.]
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1. Substituted by Act 14 of 1999, w.e.f. 24-3-1999.
2. Substituted by Act 14 of 2000, w.e.f. 18-1-2000.
(1) A person shall be disqualified in the following circumstances for being chosen as and for being a Councillor of a Municipality if he-
(a) is so disqualified under any provision of the Constitution or by or under any law for the time being in force relating to elections to the State Legislative Assembly; or
1[(b) (i) has been sentenced by a Court or a Tribunal with imprisonment for a period of not less than three months for an offence involving moral turpitude; or
(i) has been sentenced by a Court or a Tribunal with imprisonment for a period of not less than three months for an offence involving moral turpitude; or
(ii) has been found guilty of corruption by the competent authority under any law in force, or
(iii) has been held personally liable for misadministration by the Ombudsman constituted under the Kerala Panchayat Raj Act, 1994 (
The Kerala Municipality Act, 1994, serves as a legislative framework for the governance of municipalities in Kerala. Section 90 specifically addresses the disqualifications of candidates seeking election as Councillors, ensuring that individuals who do not meet certain criteria are barred from holding office.
Section 90 outlines various disqualifications for candidates contesting elections for municipal councils. It includes provisions related to financial arrears, criminal convictions, and other legal incapacities that may prevent an individual from serving as a Councillor.
The scope of Section 90 is broad, covering various grounds for disqualification, including:- Financial arrears to local self-government institutions.- Criminal convictions that may affect a candidate's ability to serve.- Other legal disqualifications as defined by existing laws.
While Section 90 itself does not prescribe specific punishments, it establishes disqualifications that prevent individuals from contesting elections. Violations of these disqualifications can lead to rejection of nominations and potential legal challenges.
Subject to the provisions 1[ of section 92 or Section 178], a Councillor shall cease to hold office as such if he-
1[(a) is found guilty under clause(b) of sub-section (1) of Section 90 or is sentenced for such an offence; or]
(b) has been adjudged to be of unsound mind; or
(c) has voluntarily acquired the citizenship of a foreign State; or
(d) has been sentenced by a criminal court for any electoral offence punishable under section 160 or 3[xxxx] section 162 or has been disqualified from exercising any electoral right on account of corrupt practices in connection with an election, and six years have not elapsed from the date of such sentence of disqualification; or
(e) has applied for being adjudicated, or is adjudicated, as an insolvent; or
(f) acquires any interest in any subsisting contract made with, or w
1[(1) No Councillor shall be a member of the Parliament or of the State Legislature at the same time and accordingly,-
(a) If a member of the Parliament or of the State Legislature is elected as a Councillor has not resigned his membership before entering such office; or
(b) Where a Councillor elected or nominated to the Parliament or to State Legislature on entering upon such office the office of Councillor to that person shall become vacant]
____________
1. Inserted by Act 14 of 1999, w.e.f. 1-10-2000.
(1) Whenever a question arises as to whether a Councillor has become disqualified under section 86 1[or section 91, except clause (II)] after having been elected as such Councillor, any Councillor of a Municipality concerned or any other person entitled to vote at the election in which the Councillor was elected, may file a petition before the State Election Commission, for decision.
2[Provided that the Secretary or any Officer authorised by the Government in this behalf may refer such a dispute to the State Election Commission for decision.)
(2) The State Election Commission shall, after making such enquiry as it considers necessary, decide whether such Councillor has become disqualified or not and the decision shall be final, 3[so, however, that the State/Election Commission may pass an interim order as to whether the Councillor shall continue to hold his office or not, till a de
The Kerala Municipality Act, 1994, was enacted to establish a framework for local self-governance in urban areas of Kerala. Section 92 specifically addresses the determination of disqualifications of Councillors, ensuring that the integrity of local governance is maintained.
Section 92 of the Kerala Municipality Act, 1994, outlines the procedure for determining whether a Councillor has become disqualified from holding office. It provides a mechanism for addressing questions of disqualification that may arise during the tenure of a Councillor.
The scope of Section 92 extends to all elected Councillors within the municipalities of Kerala. It serves as a safeguard against misconduct and ensures that Councillors adhere to the standards expected of public office holders.
While Section 92 itself does not prescribe specific punishments, it implies that disqualification from office is a significant consequence for Councillors found to be in violation of the stipulated criteria.
Disqualification - Section 92 provides a clear framework for determining disqualification of Councillors, ensuring accountability in local governance. - [ Sulphikar @ Sulphikar Mayoori, S/o. S. Abdul Khader VS Rafeeq, S/o. Rahim, Vilayathu Veedu]
Authority - The section empowers designated authorities to assess disqualifications, thereby reinforcing the rule of law in municipal governance. - [ Sulphikar @ Sulphikar Mayoori, S/o. S. Abdul Khader VS Rafeeq, S/o. Rahim, Vilayathu Veedu]
Integrity - By addressing disqualifications, Section 92 aims to uphold the integrity of the local self-governance system in Kerala. - [ Sulphikar @ Sulphikar Mayoori, S/o. S. Abdul Khader VS Rafeeq, S/o. Rahim, Vilayathu Veedu]
Public Interest - The provisions are designed to protect public interest by ensuring that only eligible individuals serve as Councillors. - [ Sulphikar @ Sulphikar Mayoori, S/o. S. Abdul Khader VS Rafeeq, S/o. Rahim, Vilayathu Veedu]
Judicial Review - Decisions made under Section 92 can be subject to judicial review, allowing for checks and balances in the disqualification process. - [ Sulphikar @ Sulphikar Mayoori, S/o. S. Abdul Khader VS Rafeeq, S/o. Rahim, Vilayathu Veedu]
Conflict of Interest - The section indirectly addresses potential conflicts of interest that may arise during a Councillor's term. - [ Sulphikar @ Sulphikar Mayoori, S/o. S. Abdul Khader VS Rafeeq, S/o. Rahim, Vilayathu Veedu]
Legislative Framework - Section 92 is part of a broader legislative framework established under the 74th Amendment of the Constitution, which mandates local self-governance. - [ Sulphikar @ Sulphikar Mayoori, S/o. S. Abdul Khader VS Rafeeq, S/o. Rahim, Vilayathu Veedu]
Electoral Integrity - The section contributes to the integrity of the electoral process by providing mechanisms to disqualify Councillors who violate the law. - [ Sulphikar @ Sulphikar Mayoori, S/o. S. Abdul Khader VS Rafeeq, S/o. Rahim, Vilayathu Veedu]
Public Accountability - It enhances public accountability by allowing for the removal of Councillors who fail to meet the required standards. - [ Sulphikar @ Sulphikar Mayoori, S/o. S. Abdul Khader VS Rafeeq, S/o. Rahim, Vilayathu Veedu]
Legal Clarity - The section provides legal clarity regarding the conditions under which a Councillor may be disqualified, reducing ambiguity in governance. - [ Sulphikar @ Sulphikar Mayoori, S/o. S. Abdul Khader VS Rafeeq, S/o. Rahim, Vilayathu Veedu]
Administrative Efficiency - By streamlining the process for determining disqualifications, Section 92 promotes administrative efficiency within municipal bodies. - [ Sulphikar @ Sulphikar Mayoori, S/o. S. Abdul Khader VS Rafeeq, S/o. Rahim, Vilayathu Veedu]
Empowerment of Local Bodies - The section empowers local bodies to maintain their own governance standards, fostering a sense of autonomy. - [ Sulphikar @ Sulphikar Mayoori, S/o. S. Abdul Khader VS Rafeeq, S/o. Rahim, Vilayathu Veedu]
Judicial Precedents - Judicial interpretations of Section 92 have reinforced its application and relevance in contemporary governance issues. - [ Sulphikar @ Sulphikar Mayoori, S/o. S. Abdul Khader VS Rafeeq, S/o. Rahim, Vilayathu Veedu]
Public Participation - The section allows for public participation in governance by enabling voters to raise concerns regarding Councillors' eligibility. - [ Sulphikar @ Sulphikar Mayoori, S/o. S. Abdul Khader VS Rafeeq, S/o. Rahim, Vilayathu Veedu]
Amendments and Updates - The Act has undergone amendments to address evolving governance challenges, reflecting its dynamic nature. - [ Sulphikar @ Sulphikar Mayoori, S/o. S. Abdul Khader VS Rafeeq, S/o. Rahim, Vilayathu Veedu]
Legal Framework - Section 92 is integral to the legal framework governing local self-governance in Kerala, ensuring compliance with constitutional mandates. - [ Sulphikar @ Sulphikar Mayoori, S/o. S. Abdul Khader VS Rafeeq, S/o. Rahim, Vilayathu Veedu]
Transparency - The procedures outlined in Section 92 promote transparency in the disqualification process, which is essential for public trust. - [ Sulphikar @ Sulphikar Mayoori, S/o. S. Abdul Khader VS Rafeeq, S/o. Rahim, Vilayathu Veedu]
Role of Election Commission - The Kerala State Election Commission plays a crucial role in enforcing the provisions of Section 92, ensuring fair electoral practices. - [ Sulphikar @ Sulphikar Mayoori, S/o. S. Abdul Khader VS Rafeeq, S/o. Rahim, Vilayathu Veedu]
Impact on Governance - The effective implementation of Section 92 can significantly impact the quality of governance at the municipal level. - [ Sulphikar @ Sulphikar Mayoori, S/o. S. Abdul Khader VS Rafeeq, S/o. Rahim, Vilayathu Veedu]
Legal Recourse - Affected Councillors have the right to seek legal recourse against disqualification decisions, ensuring fairness in the process. - [ Sulphikar @ Sulphikar Mayoori, S/o. S. Abdul Khader VS Rafeeq, S/o. Rahim, Vilayathu Veedu]
Civic Responsibility - The section emphasizes the civic responsibility of Councillors to act in accordance with the law and the interests of their constituents. - [ Sulphikar @ Sulphikar Mayoori, S/o. S. Abdul Khader VS Rafeeq, S/o. Rahim, Vilayathu Veedu]
(1) Where a person ceases to be a Councillor under section 87 or clause (a) of section 91, he shall be restored to office for such portion of the period for which he was elected as may remain unexpired at the date of such restoration, if and when the sentence is annulled on appeal or revision and any person elected to fill the vacancy in the interim shall, on such restoration, vacate office.
(2) Where a person ceases to be a Councillor under clause(k) of section 91, the Secretary shall at once intimate the fact in writing to such person and report the same to the Council, at its next meeting. If such person applies for restoration to the Council on or before the date of its next meeting or within fifteen days of the receipt by him of such in timation, the Council may at the meeting next after the receipt of such application restore him to his office of Councillor:
Provided that a Councillor shall not be restored more tha
(1) A general election shall be held for the purpose of constitution or reconstruction of new Municipalities before the expiration of the duration of the existing Municipalities or on dissolution.
(2) For the said purpose, the Government shall, by one or more notifications published in the Gazette on such date or dates, as may be recommended by the State Election Commission, call upon Municipalities in the State to elect Councillors in accordance with the provisions of this Act and of the rules and orders made thereunder.
The functions of the State Election Commission under the Constitution of India, and this Act or the rules made thereunder, may, subject to such general or special directions, if any, as may be given by the State Election Commission in this behalf, be performed also by the Secretary to the State Election Commission.
Subject to the superintendence, direction and control of the State Election Commission, the District Election Officer, shall co-ordinate and supervise all work in connection with the conduct of all elections to the Municipalities within his area of jurisdiction, and also performed such other functions as may be entrusted to him by the State Election Commission.
1[(1) For observing the election in every Municipality the State Election Commission may, in consultation with the Government nominate a higher officer of the Government as Election Observer.
(2) The Election Observer nominated under sub-section (1) shall assist the State Election Commission to ensure a fair and equitable election and shall discharge such other functions entrusted by the Commission.]
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1. Inserted by Act 14 of 1999, w.e.f. 24-3-1999.
For every Municipality and for every election to fill a seat or seats in a Municipality, the State Election Commission shall in consultation with the Government, designate or nominate 1[one or more Returning Officers] who shall be an officer of the Government or of a local authority:
Provided that nothing in this section shall prevent the State Election Commission from designating or nominating the same person to be the Returning Officer for more than one Municipality.
____________
1. Substituted by ibid.
(1) The State Election Commission may appoint one or more Assistant Returning Officers who shall be officers of the Government or of the local authorities to assist any Returning Officer in the performance of his functions.
(2) Every Assistant Returning Officer shall, subject to the control of the Returning Officer, be competent to perform all or any of the functions of the Returning Officer:
Provided that no Assistant Returning Officer shall perform any of the functions of the Returning Officer relating to the scrutiny of nominations unless the Returning Officer is unavoidably prevented from performing the said function.
References in this Act to the Returning Officer shall, unless the context otherwise requires, be deemed to include an Assistant Returning Officer performing any function which he is authorised to perform under sub-section (2) of section 98.
It shall be the general duty of the Returning Officer at any election to do all such acts and things as may be necessary for effectively conducting the election in the manner provided by this Act and the rules or orders made thereunder.
The District Election Officer shall, with the previous approval of the State Election Commission, provide sufficient number of polling stations for every Municipality within the area of his jurisdiction, and shall publish in such manner as the State Election Commission may direct, a list showing the polling stations so provided and the polling areas or group of voters for which they have respectively been provided.
(1) The District Election Officer shall appoint a Presiding Officer for each polling station and such Polling Officer or officers as he thinks necessary, but he shall not appoint any person who has been employed by or on behalf of, or has been otherwise working for, a candidate in or in relation to election:
Provided that if a Polling Officer is absent from the polling station, the Presiding Officer may appoint any person who is present at the polling station other than a person who has been employed by or on behalf of, or has been otherwise working for, a candidate in or in relation to the election, to be the Polling Officer during the absence of the former officer, and inform the District Election Officer accordingly:
Provided further that nothing in this sub-section shall prevent the District Election Officer from appointing the same person to be Presiding Officer for more than one polling station in the same premise
It shall be the general duty of the Presiding Officer at a polling station to keep order thereat and to see that the poll is fairly taken.
It shall be the duty of the Polling Officer at a polling station to assist the Presiding Officer for such station in the performance of his functions.
1[The Returning Officer, Assistant Returning Officer, Presiding Officer, Polling Officer and any other officer. Police Officer and Election observer designated for the time being to conduct a general election or bye-election under the provisions of this Act shall be deemed to be on deputation to the State Election Commission for the period from the date of notification for such election to the date of declaration of the results of such election accordingly such officers shall be subject to the control, supervision and command of the State Election Commission during that period.]
__________
1. Inserted by Act 14 of 1999, w.e.f. 24-3-1999.
As soon as a notification for an election is issued, the State Election Commission shall, by notification in the Gazette, appoint-
(a) the last date for making nominations, which shall be the seventh day after the date of publication of the first mentioned notification or, if that day is a public holiday, the next succeeding day which is not a public holiday;
(b) the date for the scrutiny of nominations; which shall be the day immediately following the last day for making nominations or, if that day is a public holiday, the next succeeding day which is not a public holiday;
(c) the last day for the withdrawal of candidature, which shall be the second day after the date for the scrutiny of nomination or, if that day is a public holiday, the next succeeding day which is not a public holiday;
(d) the date or dates of which a poll shall, if necessary, be taken, which or the first
On the issue of a notification under section 105, the Returning Officer shall give public notice of the intended election in such form and manner, as may be prescribed, inviting nominations of candidates for such election and specifying the place at which the nomination papers are to be delivered.
Any person may be nominated as a candidate for election to fill a seat if he is qualified to be chosen to fill that seat under the provisions of this Act:
1[Provided that a person nominated as a candidate for filling up a seat in a Municipality shall not be nominated as candidate in another ward of the same Municipality]
___________
1. Inserted by Act 8 of 1995, w.e.f. 5-8-1995.
(1) On or before the date appointed under clause (a) of section 105 each candidate shall, either in person or by his proposer, between the hours of eleven o'clock in the forenoon and three o'clock in the afternoon deliver to the Returning Officer at the place specified in this behalf in the notice issued under section 106 a nomination paper completed in the prescribed form and signed by the candidate and by an elector of the ward as proposer.
(2) In a ward where the seat is reserved for the Scheduled Castes or the Scheduled Tribes a candidate shall not be deemed to be qualified to be chosen to fill that seat unless his nomination paper contains a declaration by him specifying the particular caste or tribe of which he is a member.
(3) Where the candidate is a person who, having held any office referred to in section 86 has been dismissed or removed and a period of five years has not elapsed since the dismissal or removal,
(1) A candidate shall not be deemed to be duly nominated for election from a ward in a Municipality unless he deposits or causes to be deposited such sum as may be prescribed:
Provided that in the case of candidates belonging to the Scheduled Castes or the Scheduled Tribes, the amount of deposit shall be fifty percent of the amount prescribed:
Provided further that where a candidate has been nominated by more than one nomination paper, not more than one deposit shall be required of him under this sub-section.
(2) Any sum required to be deposited under sub-section (1) shall not be deemed to have been deposited under that sub-section unless, at the time of delivery of the nomination paper under sub-section (1) of section 108 the candidate has either deposited or caused to be deposited that sum with the Returning Officer in cash or enclosed with the nomination paper a receipt showing that the said su
The Returning Officer shall, on receiving the nomination paper under sub-section (1) of section 108 inform the person or persons delivering the same, of the date, time and place fixed for the scrutiny of nominations and shall enter on the nomination paper its serial number, and shall sign thereon a certificate stating the date on which and the hour at which the nomination paper has been delivered to him; and shall, as soon as may be thereafter, cause to be affixed in some conspicuous place in his office a notice of the nomination containing descriptions similar to those contained in the nomination paper, both of the candidate and for the proposer.
(1) On the date fixed for the scrutiny of nominations under section 105 the candidates, their election agents, one proposer of each candidate and one other person duly authorised in writing by each candidate, but no other person, may attend at such time and place as the Returning Officer may appoint and the Returning Officer shall give them all reasonable facilities for examining the nomination papers of all candidates which have been delivered within the time and the manner laid down in section 108.
(2) The Returning Officer shall then examine the nomination papers and shall decide all objections which may be made to any nomination and may, either on such objection or on his own motion, after such summary inquiry if any, as he thinks necessary, reject any nomination on any of the following grounds, namely:-
(a) that on the date fixed for the scrutiny of nominations, the candidate is either not qualified or is disqualifie
(1) Any candidate may withdraw his candidature by a notice in writing which shall contain such particulars as may be prescribed and shall be subscribed by him and delivered before three O'clock in the afternoon on the day fixed under clause (c) of section 105 to the Returning Officer either by such candidate in person or by his proposer, of election agent who has been authorised in this behalf in writing by such candidate.
(2) No person who has given a notice of withdrawal of his candidature under sub-section (1) shall be allowed to cancel the notice.
(3) The Returning Officer shall, on being satisfied as to the genuineness of a notice of withdrawal and the identity of the person delivering it under sub-section (1), cause the notice to be affixed in some conspicuous place in his office and in the office of the Municipality concerned.
(1) Immediately after the expiry of the period within which candidature may be withdrawn under sub-section (1) of section 112 the Returning Officer shall prepare and publish in such form and manner as may be prescribed a list of contesting candidates.
(2) The said list shall contain the names in Malayalam alphabetical order and the addresses of the contesting candidates as given in the nomination papers together with such other particulars, as may be prescribed.
A candidate at an election may appoint in the prescribed manner a person to be his election agent and when any such appointment is made, notice of the appointment shall be given in the prescribed manner, to the Returning Officer.
A person who is for the time being disqualified under this Act for being a Councillor shall be disqualified for being an election agent at any election.
(1) Any revocation of the appointment of an election agent, shall be signed by the candidate, and shall operate from the date on which it is lodged with the Returning Officer.
(2) In the event of such a revocation or of the death of an election agent, whether that event occurs before or during the election, or after the election but before the account of the candidate's election expenses has been lodged in accordance with the provisions of section 142 the candidate may appoint in the prescribed manner another person to be his election agent and when such appointment is made notice of the appointment shall be given in the prescribed manner to the Returning Officer.
An election agent may perform such functions in connection with the election as are authorised by or under this Act to be performed by an election agent.
A contesting candidate or his election agent may appoint, in the prescribed manner, such number of agents and relief agents, as may be prescribed, to act as polling agents of such candidate at each polling station provided under section 101.
A contesting candidate or his election agent may appoint, in the prescribed manner one or more persons, but not exceeding such number, as may be prescribed, to be present as his counting agent or agents at the counting of votes, and when any such appointment is made, notice of the appointment shall be given in the prescribed manner to the Returning Officer.
(1) Any revocation of the appointment of a polling agent shall be signed by the candidate or his election agent and shall operate from the date on which it is lodged with such officer as may be prescribed, and in the event of such a revocation or of the death of a polling agent before the close of the poll, the candidate or his election agent may appoint, in the prescribed manner another polling agent at any time before the poll is closed and shall forthwith give notice of such appointment, in the prescribed manner, to such officer as may be prescribed.
(2) Any revocation of the appointment of the counting agent shall be signed by the candidate or his election agent and shall operate from the date on which it is lodged with the Returning Officer, and in the event of such a revocation or of the death of a counting agent before the commencement of counting of votes, the candidate or his election agent may appoint, in the prescribed manner another
(1) A polling agent may perform such functions in connection with the poll as are authorised by or under this Act, to be performed by a polling agent.
(2) A counting agent may perform such functions in connection with the counting of votes as are authorised by or under this Act to be performed by a counting agent.
(1) At every election where a poll is taken, each contesting candidate at such election and his election agent shall have a right to be present at any polling station provided under section 101 for the taking of the poll.
(2) A contesting candidate or his election agent may himself do any act or thing which any polling agent or the counting agent of such contesting candidate, if appointed, would have been authorised by or under this Act to do, or may assist any polling agent or the counting agent of such contesting candidate in doing any such act or thing.
Where any act or thing is required or authorised by or under this Act to be done in the presence of the polling or counting agents, the non-attendance of any such agent or agents at the time and place appointed for the purpose shall not, if the act or thing is otherwise duly done, invalidate the act or thing done.
Where a candidate whose nomination has been found valid on scrutiny under section 111 and who has not withdrawn his candidature under section 112 dies and a report of his death is received before the publication of the list of contesting candidates under section 113 or where a contesting candidate dies and a report of his death is received before the commencement of the poll, the Returning Officer shall, upon being satisfied of the fact of the death of the candidate, countermand the poll and report the fact to the State Election Commission and also to the Government and all proceeding with reference to the election shall be commenced anew in all respects as if for a new election:
Provided that no further nomination shall be necessary in the case of a person who was a contesting candidate at the time of the countermanding of the poll:
Provided further that no person who has given a notice of withdrawal of his candidature
(1) Where the number of contesting candidates for a ward is more than one, a poll shall be taken.
(2) Where there is only one candidate for a ward, the Returning Officer shall declare him to be duly elected.
(3) Where there is no candidate, election proceedings shall be started afresh for filling up the vacancy in all respects as if for a new election.
The State Election Commission shall fix the hours during which the poll will be taken; and the hours so fixed shall be published in such manner, as may be prescribed:
Provided that the total period allotted on any one day for polling at an election in a ward shall not be less than eight hours between 7 a.m. and 5 p.m.
(1) If at an election the proceedings at any polling station provided under section 101 for the poll are interrupted or obstructed by any riot or open violence, or if at an election it is not possible to take the poll at any polling station on account of any natural calamity, or any other sufficient cause, the Presiding Officer for such polling station or the Returning Officer presiding over such place, as the case may be, shall announce an adjournment of the poll to a date to be notified later, and were the poll is so adjourned by a Presiding Officer, he shall forthwith inform the Returning Officer concerned.
(2) Whenever a poll is adjourned under sub-section (1), the Returning Officer, shall immediately report the circumstances to the State Election Commission, and shall, as soon as may be, with the previous approval of the State Election Commission, appoint the day on which the poll shall recommence, and fix the polling station or place at w
(1) If at any election-
(a) any ballot boxes used at a polling station or at a place fixed for the polls is unlawfully taken out of the custody of the Presiding Officer or the Returning Officer, or is accidentally or intentionally destroyed or lost, or is damaged or tampered with, to such an extent, that the result of the poll at that polling station or place cannot be ascertained; or
1[(aa) any voting machine develops a mechanical failure during the course of recording votes; or,]
(b) any such error or irregularity in procedure as is likely to vitiate the poll is committed at a polling station or at a place fixed for the poll, the Returning Officer shall forthwith report the matter to the State Election Commission.
(2) Thereupon the State Election Commission shall, after taking all material circumstances into account; either-
(a) declare the
(1) If at any election-
(a) booth-capturing has taken place at a polling station or at a place fixed for the poll (hereafter in this section referred to as a place) in such a manner that the result of the poll at that polling station or place cannot be ascertained; or
(b) booth-capturing takes place in any place for counting of votes in such a manner that the result of the counting at that place cannot be ascertained, the Returning Officer shall forthwith report the matter to the State Election Commission.
(2) The State Election Commission shall, on receipt of a report from the Returning Officer under sub-section (1) and after taking all material circumstances into account, either-
(a) declare that the poll at that polling station or place be void, appoint a day, and fix the hours, for taking fresh poll at that polling station or place and notify the date so appointed and hour
At every election where a poll is taken, votes shall be given by ballot in such a manner as may be prescribed, and no vote shall be received by proxy.
1[Notwithstanding anything contained in this Act or rules made thereunder, the system of giving vote and recording of vote by using voting machine as may be prescribed may be adopted in every election decided by the State Election Commission considering the circumstances in each region.
Explanation:- For the purpose of this section "voting machine" means any electronic machine or any other machine used for giving or recording of votes and it shall also be construed that any reference as to ballot box or ballot paper in this Act or the rules made thereunder save as otherwise provided shall include the reference to a voting machine which is being used in any election.]
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1. Section 130A Inserted by Act 33 of 2005, w.e.f. 1-9-2000.
With a view to preventing personation of electors.-
(a) the thumb or any other finger of every elector who applies for a ballot paper or ballot papers for the purpose of voting at a polling station shall be marked with indelible ink, in such manner as may be prescribed, before delivery of such paper or papers to him;
(b) no ballot paper shall be delivered to any person for voting at a polling station and proceedings shall be initiated against such person in accordance with law, if at the time such person applies for such paper, he already has such a mark on his thumb or any other finger.
(1) No person who is not, and except as expressly provided by this Act, every person who is, for the time being entered in the electoral roll for a ward shall be entitled to vote in that ward.
(2) No person shall vote at an election if he is subject to any of the disqualifications referred to in section 74.
(3) No person shall vote at a general election in more than one ward, and if a person votes in more than one ward, his votes in all such wards shall be void.
(4) No person shall at any election vote in the same ward more than once, notwithstanding that his name may have been registered in the electoral roll for that more than once, and if he does so vote, all his votes shall be void.
(5) No person shall vote at any election if he is confined in a prison under a sentence of imprisonment or otherwise, or is in the lawful custody of the police:
Provided
At every election where a poll is taken, votes shall be counted by, or under the supervision and direction of the Returning Officer and each contesting candidate, his election agent and his counting agents, shall have the right to be present at the time of counting.
(1) If, at any time before the counting of votes is completed any ballot paper used at a polling station or at a place fixed for the poll is unlawfully taken out of the custody of the Returning Officer or is accidentally or intentionally destroyed or lost or is damaged or tampered with, to such an extent that the result of the poll at the polling station or place cannot be ascertained, the Returning Officer shall forthwith report the matter to the State Election Commission.
(2) Thereupon, the State Election Commission shall, after taking all material circumstances into account, either.-
(a) direct that the counting of votes shall be stopped, declare the poll at that polling station or place to be void, appoint a day, and fix the hours, for taking a fresh poll at that polling station or place and notify the date so appointed and hours so fixed in such manner as it may deem fit; or
(b) if satisfied th
If, after the counting of the votes is completed, an equality of votes is found to exist between any candidates, and the addition of one vote will entitle any of these candidates to be declared elected, the Returning Officer shall forthwith decide between those candidates by lot, and proceed as if the candidate on whom the lot falls received an additional vote.
When the counting of the votes has been completed, the Returning Officer shall, in the absence of any direction by the State Election Commission to the contrary forthwith declare the result of the election in the manner provided by this Act or the rules made thereunder.
As soon as may be after the result of an election has been declared, the Returning Officer shall report the result to the Municipality concerned, to the State Election Commission and to the Government and the State Election Commission shall cause to be published in the Gazette the declarations containing the names of the elected candidates. The name or names of the elected candidate or candidates shall also be published on the notice board of the Municipality concerned.
For the purposes of this Act, the date on which a candidate is declared by the Returning Officer under the provisions of section 125 or section 136 to be elected to a Municipality shall be the date of election of that candidate.
Where a general election is held for the purpose of constituting or reconstituting a Municipality, there shall be notified by the State Election Commission in the Gazette, as soon as may be, after the results of the elections in all the wards, other than those in which the poll could not be taken for any reason on the date originally fixed under clause (d) of section 105 or for which the time for completion of the election has been extended under the provisions of section 200 have been declared by the Returning Officer under the provisions of section 125 or, as the case may be, section 136, the names of the members elected for those wards and upon the publication of such notification, the Councillors shall be deemed to be duly elected:
Provided that the publication of such notification shall not be deemed-
(a) to preclude-
(i) the taking of the poll and the completion of the election in any ward o
(1) Where a Municipality is dissolved before its duration specified in article 243U or where the seat of a Councillor elected to a Municipality becomes vacant or is declared vacant or his election to the Municipality is declared void, the State Election Commission shall, subject to the provisions of sub-section (2), by a notification in the Gazette, call upon the wards in such Municipality or the ward concerned, as the case may be, to elect Councillors or Councillor for the purpose of constituting the Municipality or filling the vacancy, as the case may be, before such date as may be specified in the notification and the provisions of this Act and of the rules and orders made thereunder shall apply in relation to such election.
(2) Where the vacancy is in a seat reserved for the Scheduled Castes or for the Scheduled Tribes or for a woman, the notification issued under sub-section (1) shall specify that the person to fill that vacancy shall belo
(1) Every candidate at an election shall, either by himself or by his election agent, keep a separate and correct account of all expenditure in connection with the election incurred or authorised by him or by his election agent between the date on which he has been nominated and the date of declaration of the result thereof, both dates inclusive.
Explanation I.- Any expenditure incurred or authorised in connection with the election of a candidate by a political party or by any other association or body of persons or by any individual (other than the candidate or his election agent) shall not be deemed to be expenditure in connection with the election incurred or authorised by the candidate or by his election agent for the purposes of this sub-section;
Explanation II.- For the removal of doubt, it is hereby declared that any expenditure incurred in respect of any arrangements made, facilities provided or any other act or
1[the officer authorised by the State Election Commission]
Every contesting candidate at an election shall, within thirty days from the date of election of returned candidate, lodge with the 11[the officer authorised by the State Election Commission], an account of his election expenses with connected records which shall be a true copy of the account kept by him 2[or by his election agent under Section 141 and such officer, as soon as possible, after the expiry of the said 30 days shall forward the account of election expenses received by him together with the list of candidates who have not submitted the account of election expenses to the officer authorised by the Commission].
________________
1. Substituted for "District Election Officer" by Act 14 of 1999, w.e.f. 24-3-1999.
2. Substituted for "or by his electi
1[(1) The Government, after each general election shall nominate a member elected as Councillor for convening the first meeting of the Municipality and before convening such meeting he shall make and subscribe an oath or affirmation in the form specified in the Third Schedule for the purpose before the officer nominated by the Government in this behalf.
Provided that the member nominated by the Government shall, as far as possible, be the eldest among the Councillors elected in the Municipality.
(1A) All other Councillors shall before assuming charge of their office, make and subscribe an oath or affirmation, in the form set out for this purpose in the Third Schedule, before the Councillor nominated under sub-section (1), on the date specified by the Government and before the date fixed by the State Election Commission for conducting the election of the Chairperson under sub-section (1) of Section 12.
1[(1) A Councillor shall within 2[fifteen months] from the date of assuming his office submit a statement of assets and liabilities of himself and of other members of his family in the prescribed form, before the competent authority as may be authorised by the Government by notification in this behalf:
Provided that a person who is a Councillor at the time when this Act comes into force, shall submit such a statement before the competent authority, before the date specified by the Government in this behalf.
(2) Where a Councillor after submitting a statement under sub-section (1), acquires any further assets in his name or in the name of any other members of his family, or disposes of or mortgages any property specified in the statement, he shall submit a statement to that effect before the competent authority within three months from the date of such acquisition or disposal or mortgage; as the case
The following shall be deemed to be corrupt practices for the purposes of this Act-
(1) "Bribery", that is to say,-
(A) Any gift, offer or promise by a candidate or his agent or by any other person with the consent of a candidate or his election agent of any gratification, to any person whomsoever, with the object, directly or indirectly of inducing,-
(a) a person to stand or not to stand as, or to withdraw or not to withdraw from being a candidate at an election, or
(b) an elector to vote or refrain from voting at an election, or as a reward to-
(i) a person for having so stood or not stood, or for having withdrawn or not having withdrawn his candidature; or
(ii) an elector for having voted or refrained from voting;
(B) The receipt of, or agreement to receive, any gratification, whether as a motive or a re
Any person who, in connection with an election under this Act, promotes or attempts to promote on grounds of religion, race, caste, community or language, feelings of enmity or hatred, between different classes of the citizens of India shall be punishable with imprisonment for a term which may extend to three years, or with fine, which may extend to ten thousand rupees or with both.
(1) No person shall convene, hold or attend any public meeting within a ward during the period of forty-eight hours ending with the hour fixed for the conclusion of the poll for an election in that ward.
(2) Any person who contravenes the provisions of sub-section (1) shall be punishable with imprisonment for a term which may extend to three months or with fine which may extend to one thousand rupees.
(1) Any person who at a public meeting to which this section applies, acts or incites others to act in a disorderly manner for the purpose of preventing the transaction of the business for which the meeting was called together, shall be punishable with imprisonment for a term which may extend to three months or with fine which may extend to one thousand rupees, or with both.
(2) This section applies to any public meeting of a political character held in any ward between the date of the issue of a notification under this Act calling upon that ward to elect a Councillor and the date on which such election is held.
(3) If any police officer reasonably suspects any person of committing an offence under sub-section (1) he may, if requested so to do by the chairman of the meeting, require that person to declare to him immediately his name and address, and if that person refuses or fails so to declare his name and address, or if
(1) No person shall print or publish, or cause to be printed or published, any election pamphlet or poster which does not bear on its face the names and addresses of the printer and the publisher thereof.
(2) No person shall print or cause to be printed any election pamphlet or poster-
(a) unless, a declaration as to the identity of the publisher thereof, signed by him and attested by two persons to whom he is personally known, is delivered by him to the printer in duplicate; and
(b) unless within a reasonable time after the printing of the document, one copy of the declaration is send by the printer, together with one copy of the document printed to such officer as may be authorised by the State Election Commission in this behalf.
(3) For the purposes of this section,-
(a) any process for multiplying copies of a document, other than copying it by hand,
(1) Every officer, agent or other person who performs any duty in connection with the recording or counting of votes at an election shall maintain, and aid in maintaining, the secrecy of the voting and shall not (except for some purpose authorised by or under any law) communicate to any person any information calculated to violate such secrecy.
(2) Any person who contravenes the provisions of sub-section (1) shall be punishable with imprisonment for a term which may extend to three months or with fine which shall not be less than one thousand rupees or with both.
(1) No person who is a District Election Officer or a Returning Officer or an Assistant Returning Officer or a Presiding or Polling Officer at an election, or an officer performing any duty in connection with an election shall, in the conduct or the management of the election, do any act (other than the giving of vote) for the furtherance of the prospects of the election of a candidate.
(2) No such person as aforesaid, and no member of a police force, shall endeavour-
(a) to persuade any person to give his vote at an election, or
(b) to dissuade any person from giving his vote at an election, or
(c) to influence the voting of any person at an election in any manner.
(3) Any person who contravenes the provisions of sub-section (1) or sub-section (2) shall be punishable with imprisonment which may extend to three years or with fine or with both.
(1) No person shall, on the date or dates on which a poll is taken at any polling station, commit any of the following acts within the polling station or in any public or private place within a distance of one hundred metres of the polling station, namely:-
(a) canvassing for votes; or
(b) soliciting the vote of any elector; or
(c) persuading any elector not to vote for any particular candidate; or
(d) persuading any elector not to vote; or
(e) exhibiting any notice or sign (other than an official notice) relating to the election.
(2) Any person who contravenes the provisions of sub-section (1) shall be punishable with imprisonment for a term which may extend to three months or with fine which may extend to one thousand rupees.
(1) No person shall, on the date or dates on which a poll is taken at any polling station-
(a) use or operate within or at the entrance of the polling station, or in any public or private place in the neighbourhood thereof, any apparatus for amplifying or reproducing the human voice, such as a megaphone or a loudspeaker, or
(b) shout, or otherwise act in a disorderly manner, within or at the entrance of the polling station or in any public or private place in the neighbourhood thereof.
so as to cause annoyance to any person visiting the polling station for the poll, or so as to interfere with the work of the officers and other person on duty at the polling station.
(2) Any person who contravenes, or wilfully aids or abets the contravention of, the provisions of sub-section (1) shall be punishable with imprisonment which may extend to three months or with fine which shall not
(1) Any person who during the hours fixed for the poll at any polling station misconducts himself or fails to obey the lawful directions of the presiding officer may be removed from the polling station by the presiding officer or by any police officer on duty or by any person authorised in this behalf by such presiding officer.
(2) The powers conferred by sub-section (1) shall not be exercised so as to prevent any elector who is otherwise entitled to vote at a polling station from having an opportunity of voting at that station.
(3) Where any person who has been so removed from a polling station re-enters the polling station without the permission of the Presiding Officer, he shall be punishable with imprisonment for a term which may extend to three years or with fine or with both.
(4) An offence punishable under sub-section (3) shall be cognizable.
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.
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.
1[or other authorities and Educational Institutions]
(1) Every 2[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 3[officers and staff of such office or educational institutions] within such time as may be specified in the requisition, for performing any duty in connection with an election to a Municipality.
Explanation,- For the purpose of this section and section 202 "other authority" means any authority by whatever name called, constituted or established by the Government by or under any law for the time being in force.
(2) If any person to whom a requisition under sub-section (1) is made by the
(1) Where any person to whom this section applies is without reasonable cause guilty of any act or omission in breach of his official duty he shall be punishable with fine which may extend to five hundred rupees.
(2) No suit or other legal proceedings, shall lie against such person for damages in respect of any such act or omission as aforesaid.
(3) The persons to whom this section applies are the District Election Officers, Returning Officers, Assistant Returning Officers, Presiding Officers, Polling Officers and any other person appointed to perform any duty in connection with the receipt of nominations or withdrawal of candidature, or the recording or counting of votes at an election; and the expression 'official duty' shall for the purposes of this section be construed accordingly, but shall not include duties imposed otherwise than by or under this Act.
(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
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.
(1) Any person who, at any election, fraudulently takes, or attempts to take, a ballot paper, out of a polling station, or wilfully aids or abets the doing of any such act, shall be punishable with imprisonment for a term which may extend to three years or with fine which may extend to one thousand rupees or with both.
(2) Where the Presiding Officer of a polling station has reason to believe that any person is committing or has committed an offence punishable under sub-section (1), such officer may, before such person leaves the polling station, arrest or direct a police officer to arrest such person and may search such person or cause him to be searched by a police officer:
Provided that when it is necessary to cause a woman to be searched, the search shall be made by another woman with strict regard to decency.
(3) Any ballot paper found upon the person arrested on search shall be made over for
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 person
(1) A person shall be guilty of an electoral offence, if at any election he-
(a) fraudulently defaces or fraudulently destroys any nomination paper; or
(b) fraudulently defaces, destroys or removes any list, notice or other document affixed by or under the authority of a Returning Officer; or
(c) fraudulently defaces or fraudulently destroys any ballot paper or the official mark on any ballot paper or any declaration of identity or official envelop used in connection with voting by postal ballot; or
(d) without due authority supplies any ballot paper to any person, or receives any ballot paper from any person or is in possession of any ballot paper; or
(e) fraudulently puts into any ballot box anything other than the ballot paper which he is authorised by law to put in; or
(f) without due authority destroys, takes, opens or otherwi
No election shall be called in question except by an election petition presented in accordance with the provisions of this chapter.
The court having jurisdiction to try an election petition shall be the Munsiff's Court having jurisdiction over the place in which the office of the Municipality is located.
(1) An election petition calling in question any election may be presented on one or more of the grounds specified in section 178 and section 179, to the Munsiff's Court by any candidate at such election or any elector within thirty days from, but not earlier than, the date of election of the returned candidate.
Explanation.- In this sub-section, "elector" means a person who was entitled to vote at the election to which the election petition relates, whether he has voted at such election or not.
(2) Every election petition shall be accompanied by as many copies thereof as there are respondents mentioned in the petition and every such copy shall be attested by the petitioner under his own signature to be a true copy of the petition.
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.
(1) An election petition,-
(a) shall contain a concise statement of the material facts on which the petitioner relies;
(b) shall set forth full particulars of any corrupt practice that the petitioner alleges, including as full a statement as possible of the names of the parties alleged to have committed such corrupt practice and the date and place of the commission of each such practice; and
(c) shall be signed by the petitioner and verified in the manner laid down in the Code of Civil Procedure, 1908 (Central Act 5 of 1908) for the verification of pleadings:
Provided that were the petitioner alleges any corrupt practice, the petition shall also be accompanied by an affidavit in the prescribed form in support of the allegation of such corrupt practice and the particulars thereof.
(2) Any schedule or annexure to the petition shall also be signed by the p
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.
(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 1[175]. the trial of a petition shall be deemed to com
(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.
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.
No witness or other person shall be required to state for whom he has voted at an election.
(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
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.
(1) Where in an election petition a declaration that any candidate other than the returned candidate has been duly elected is claimed, the returned candidate or any other party may give evidence to prove that the election of such candidate would have been void if he had been the returned candidate and a petition had been presented calling in question his election:
Provided that the returned candidate or such other party, as aforesaid shall not be entitled to give such evidence unless he has, within fourteen days from the date of commencement of the trial, given notice to the court of his intention to do so and has also given the security and the further security referred to in sections 191 and 192 respectively.
(2) Every notice referred to in sub-section (1) shall be accompanied by the statement and particulars required by section 167 in the case of an election petition and shall be signed and verified in like manner.
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.
At the time of making an order under section 176, the court shall also make an order-
(a) where any charge is made in the petition of any corrupt practice having been committed at the election, recording-
(i) a finding whether any corrupt practice has or has not been proved to have been committed at the election, and the nature of that corrupt practice; and
(ii) the names of all persons, if any, who have been proved at the trial to have been guilty of any corrupt practice and the nature of that practice; and
(b) fixing the total amount of costs payable and specifying the persons by and to whom costs shall be paid:
Provided that a person who is not a party to the petition shall not be named in the order under sub-clause (ii) of clause (a) unless,-
(i) he has been given notice to appear before the court and to show cause why he s
(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
1[(ca) that the details furnished by the elected candidate under sub-section (1A) of section 108 were fake; or]
(d) that the result of the election, in so far as it concerns a returned candidate, has been materially affected-
(i) by the improper acceptance of any nomination; or
(ii) by any corrupt practice committed in the interests of the
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.
When during the trial of an election petition it appears that there is an equality of votes between any candidates at the election and that the addition of a vote would entitle any of those candidates to be declared elected, then-
(a) any decision made by the returning officer under the provisions of this Act shall, in so far as it determines the question between those candidates, be effective also for the purposes of the petition; and
(b) in so far as that question is not determined by such a decision the court shall decide between them by lot and proceed as if the one on whom the lot then falls had received an additional vote.
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.
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.
(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.
(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
(1) Where there are more petitioners than once, on application to withdraw an election petition shall be made except with the consent of all the petitioners.
(2) No application for withdrawal shall be granted if, in the opinion of the court, such application has been induced by any bargain or consideration which ought not to be allowed.
(3) Where the application is granted-
(a) the petitioner shall be ordered to pay the costs of the respondents theretofore incurred or such portion thereof as the court may think fit;
(b) the court shall direct that the notice of withdrawal shall be published in the office of the court and also in the office of the Municipality concerned;
(c) a person who might himself have been a petitioner may, within fourteen days of such publication apply to be substituted as petitioner in the place of the party withdrawing, and upon c
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.
(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.
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.
(1) Any person aggrieved by an order made by the court under section 176 or section 177 may prefer an appeal to the District Court on any question whether of law or of fact.
(2) Every appeal under this section shall be preferred within a period of thirty days from the date of the order of the court under section 176 or section 177:
Provided that the District Court may entertain an appeal after the expiry of the said period of thirty days, if it is satisfied that the appellant had sufficient cause for not preferring the appeal within such period.
(1) Subject to the provisions of this Act and of the rules, if any made there under the District Court may dispose of the appeal in accordance with the procedure laid down in the Code of Civil Procedure, 1908 (Central Act 5 of 1908) for the hearing of appeals and the decision of the District Court in the appeal shall be final.
(2) As soon as an appeal is decided, the District Court shall intimate the substance of the decision to the State Election Commission and the Chairperson of the Municipality concerned and as soon as may be, thereafter shall send to the State Election Commission an authenticated copy of the decision; and upon its receipt, the State Election Commission shall-
(a) forward a copy thereof to the Chairperson of the Municipality concerned.
(b) cause the decision to be published in such manner as the State Election Commission may deem fit.
(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.
No person shall be entitled to be joined as a respondent under sub-section (3) of section 169 unless he has given such security for costs as the court may direct.
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.
(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 b
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.
(1) The State Election Commission shall in the performance of its functions under this Act have all the powers of a Civil Court, while trying a suit under the Code of Civil Procedure, 1908 (Central Act 5 of 1908), in respect of the following matters, namely:-
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring the discovery and production of any document or other material object producible as evidence;
(c) receiving evidence on affidavits;
(d) requisitioning any public record or a copy thereof from any court or office;
(e) issuing commissions for the examination of witnesses or documents.
(2) The State Election Commission shall also have the power to require any person, subject to any privilege which may be claimed by that person under any law for the time being in force, to furnish inf
No statement made by a person in course of giving evidence before the State Election Commission shall subject him to, or be used against him in, any civil or criminal proceeding except a prosecution for giving false evidence by such statement:
Provided that the statement-
(a) is made in reply to a question which he is required by the State Election Commission to answer; or
(b) is relevant to the subject matter of the inquiry.
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.
No suit, prosecution or other legal proceedings shall lie against the State Election Commission or any person acting under the direction of the Commission in respect of anything which is in good faith done or intended to be done in pursuance of the forgoing provisions of this Chapter or of any order made thereunder or in respect of the tendering of any opinion by the Commission to the Governor or to the Government or in respect of the publication, by or under the authority of the Commission of any such opinion, paper or proceedings.
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.
(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.<
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.
1[(1) Every person engaged in the work in any industrial establishment or trade establishment or commercial establishment or in any other establishment in the private sector who is eligible to vote in the Municipality election shall be granted leave on the day of general election.
(2) The wages of any such person shall not be reduced or disallowed on account of the leave granted as per sub-section (1), even though such person is appointed on the basis that wage will not ordinarily be paid for such date, he shall be paid the wages that would have been received by him on such date, had he not been granted leave for that day.
(3) This section shall not be applicable where, the absence of the voter may be injurious or causes substantial loss to the work in which he is engaged.]
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1. Inserted by Act 30 of 2009, w.e.f. 7-10-2009, pub
No Civil Court shall have jurisdiction-
(a) to entertain or adjudicate upon any question whether any person is or is not entitled to be registered in an electoral roll of a ward in a Municipality; or
(b) to entertain any question on the legality of any action taken by or under the authority of an electoral registration officer or of any decision given by any other person appointed under this act for the revision of any such roll; or
(c) to entertain any question on the legality of any action taken or of any decision given by the Returning Officer or by any other person appointed under this Act in connection with an election.
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.
The Finance Commission constituted under Article 243-I shall review the financial position of Municipalities.
(1) The Finance Commission shall make recommendations to the Governor as to-
(a) the principles which should govern-
(i) the distribution between the State and the Municipalities of the net proceeds of the taxes, duties, tolls and fees leviable by the State, which may be divided between them and the allocation between the Municipalities of their respective shares of such proceeds;
(ii) the determination of taxes, duties, tolls and fees which may be assigned to, or appropriated, by the Municipalities;
(iii) the grant-in-aid to the Municipalities from the Consolidated Fund of the State;
(b) the measures needed to improve the financial position of the Municipalities;
(c) any other matter referred to the Finance Commission by the Governor in the interests of sound finance of the Municipalities.
(2) The Governo
(1) Notwithstanding anything contained in the Kerala Land Conservancy Act, 1957 (8 of 1958) or in any other law for the time being in force ail public roads, streets, lanes and paths, the bridges, ditches, dykes and fences on or beside the same, and all adjacent land not being private property appertaining thereto in any municipal area other than 1[National Highway or State Highway or major district road or roads classified by Government as such] shall stand transferred to, and vest absolutely in the Municipality together with all pavements, stones and other materials and other things provided therein, all sewers, drains, drainage works, tunnels and culverts, whether made at the cost of the Municipal fund or otherwise in, alongside or under such roads and all works, materials and things appertaining thereto.
2[(2) Notwithstanding anything contained in sub-section (1) the Government may, by notification in the Gazette, at a
Where any public street has been withdrawn from the control of a Municipality under sub-section (2) of section 207 and placed under the control of the Government or under the control of any other authority by the Government, it shall be the duty of the Municipality to provide at the cost of the municipal fund, to such extend as the Government may, by general or special order, direct-
(a) for the lighting, watering, scavenging and drainage of such street;
(b) for the provision, maintenance and repair of the water-supply mains, drains and sewers in, alongside, or under such street;
(c) for the provision, maintenance and repair of footways attached to such street:
Provided that where in the discharge of such duties, it is necessary for the Municipality to open and break up the soil or pavement of any such street, the Municipality shall obtain the previous consent of such officer
1[(1) Notwithstanding anything contained in the Kerala Land Conservancy Act, 1957 (8 of 1958) or in any other law for the time being in force, all public water courses including those which the public have been using so as to give them easement rights over them, (other than rivers flowing through the municipal areas and other areas as may be specified by Government, by notification in the Gazette) whether existing at the commencement of this Act or were made; set up or constructed, thereafter whether made or constructed at the cost of the Municipality or not, along with their river beds, banks, springs, channels for irrigation and drainage, canals, lakes, backwaters, water courses all water whether standing, or flowing streams, reservoirs, ponds, water beds, fountains, wells, 'Kappus' channels stand pipes, and other water reservoirs and any land appertaining there to other than private property shall stand transferred to and shall absolutely vest in the Mu
1[x x x]
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1. Section 209 omitted by Act 14 of 1999, w.e.f. 24-3-1999. The omitted section 209 read as under:
" 209. Collected sewage etc., belong to Municipality.-All rubbish and filth and other matter collected by a Municipality under this Act shall belong to the Municipality and they can dispose of the same by auction or otherwise."
(1) The management, control and administration of every public institution maintained exclusively out of the Municipal fund shall vest in the Municipality.
(2) When any public institution has been placed under the direction, management and control of the Municipality, all property, endowments and funds belonging thereto shall be held by the Municipality in trust for the purposes to which such property, endowments and funds were lawfully applicable at the time when the institution was so placed:
Provided that the extent of the independent authority of the Municipality in respect of any such institution may, from time to time, be prescribed by the Government:
Provided also that nothing in this section shall be held to prevent the vesting of any trust property in the Treasurer of Charitable Endowments under the law relating to charitable endowments for the time being in force.
(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.
A Municipality may accept trusts relating exclusively to the furtherance of any purpose to which the Municipal fund may be applied.
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.
1[(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.
1[(2) The Municipality shall implead in all Court proceedings relating to the acquisition of land for the Municipality.]
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1. 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.
1[(1) A Municipality may in the manner prescribed, acquire any property such as land or building within or outside its Municipal area or dispose of any of its properties with the prior approval of the Government for providing any arrangement or facility for a public purpose.]
(2) (a) A Municipality may construct commercial or other buildings and let them out to the public who need them on licence and may charge such fees as it may fix for the use and occupation of the same, 2[in the manner prescribed];
(b) 3[x x x]
Provided that after the said period, a licence may be renewed subject to such terms and conditions as may be fixed at that time;
(c) In all cases except renewal of licence or rehabilitation of a licensee, licence shall be granted only by public auction or tender.
(3) Every licence under sub-section (2) shall c
1[(1) The Council may determine, either generally in the case of any class of works or specially in the case of any specific work, as to whether the works shall be executed through a Contractor or directly or through any beneficiary committee:
Provided that if any work is done by a benami contractor, in the guise of a beneficiary committee or of direct execution the amount expended on such work shall be deemed to be misappropriation of funds and the amount shall be recovered from those who are responsible for such expenditure.]
(2) Every Municipality, may, if it is found necessary in the interests of administration, enter into contracts with any person or agency for the performance of any work which the Council is under a duty to discharge under this Act, for such period and subject to such conditions as it may deem fit.
2[(3) The preparation of estimates of works, its executi
1[(1) Subject to the availability of resources and the provision in the budget estimate, the Authority competent to accord administrative sanction to the estimates of any works or schemes and the limit up to which such sanction may be accorded shall be as shown below, namely:-
(1) A Municipality may enter into and perform all such contracts as it may consider necessary or expedient for carrying into effect the provisions of this Act.
(2) The making of contracts under or for any purpose of this Act shall be subject to the following provisions, namely:-
(a) every contract shall be made on behalf of the Municipality by the Secretary;
(b) no contract for any purpose, which, in accordance with any provision of this Act, the Secretary may not carry out without the sanction of one of the other municipal authorities, shall be made by him unless such sanction has been obtained;
(c) Where tender is necessary no contract shall be made by the Secretary unless the tender therefore has been accepted by the competent authority;
Explanation.- The term 'tender' in this clause shall include any bid at an auction.
(d)
(1) Every contract entered into by the Secretary on behalf of a Municipality shall be entered into in such manner and form as to bind him if it were made on his own behalf, and may in like manner and form be varied or discharged:
Provided that-
(a) the common seal of the Municipality shall be affixed to every contract; and
(b) in the case of contracts for the execution of any work or the supply of any materials or services the cost of which exceeds one thousand rupees, and in the case of all other contracts whatever be their value, the contract shall be in writing and shall be sealed with the common seal of the Municipality and shall specify-
(i) in the case of contracts for execution of works, supplies or service, the quantity of the work or the materials or services to be supplied, the cost to be paid for them and the time within which the work, supply or service should be
1[x x x]
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1. Section 220 omitted by Act 14 of 1999, w.e.f. 24-3-1999. The omitted section 220 read as under:
"220. Saving of certain non-determinable irregularities.- When work is given on contract at unit rates and the number of units is not precisely determinable, the contract shall not be deemed to contravene the provisions of section 218 and section 219, merely by reason of the fact that the pecuniary limits laid down therein are eventually exceeded."
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.
(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 pre
(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.
1[(1) The Council shall be the appointing authority in respect of the contingent posts in the Municipal Service and appointment orders in respect of them shall be issued by the Secretary, with the approval of the Council.
(2) The Government or the officer authorised by them in this behalf shall be the appointing authority in respect of all other posts whether they are included in the Municipal Common Service or not].
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1. Section 224 substituted by Act 8 of 1995, w.e.f. 5-8-1999.
(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 1[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.
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1[(1) Notwithstanding anything contained in Travancore-Cochin Public Health Act, 1955 (XIV of 1955) or Madras Public Health Act, 1939 (Madras Act Ml of 1939) the functions vested in the Secretary under this Act relating to public health matters and which are conferred upon the Health Officer by Section 14 of the Travancore-Cochin Public Health Act, 1955 (XIV of 1955), or Section 16 of the Madras Public Health Act, 1939 (Madras Act III of 1939), except the functions involving expenditure from the Municipal fund, shall be exercised by the health officer subject to the control and supervision of the Chairperson.
(2) Where there is no Health Officer in any Municipality the Senior Medical Officer of hospital, or public health centres or dispensaries under the control of that Municipality, shall be the health officer ex-officio of the Municipality].
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1. Secti
Section 226 of the Kerala Municipality Act, 1994, confers the jurisdiction upon the High Court to issue writs for the enforcement of fundamental rights and for other purposes against authorities or persons within its territorial jurisdiction. It is a vital provision that ensures judicial oversight over administrative actions and decisions of municipal authorities.
Section 226 empowers the High Court to issue writs, directions, or orders to any person or authority, including municipal bodies, to enforce fundamental rights or to prevent violations thereof. It also allows the High Court to supervise the legality and propriety of administrative actions, ensuring they conform to constitutional and statutory provisions.
While Section 226 itself does not prescribe specific punishments, violations of court directions or orders issued under this section can lead to contempt proceedings or other legal consequences. Municipal officers or authorities failing to comply with writs or directions may be subject to contempt of court proceedings.
In conclusion, Section 226 of the Kerala Municipality Act, 1994, is a vital constitutional and statutory safeguard that empowers the High Court to ensure municipal authorities act within the bounds of law, uphold fundamental rights, and maintain administrative accountability through judicial oversight.
Note: The references are based on the provided sources and case summaries, emphasizing the legal principles and judicial interpretations relevant to Section 226.
1[(1) Subject to the terms and conditions as prescribed, the Government may transfer their officers and employees to the service of the Municipalities for the implementation of schemes, projects and plans entrusted or vested in the Municipality under this Act.
(1A) The Government officers and employees transferred to a Municipality under sub-section (1) shall perform, in addition to their normal functions, any other connected functions assigned to them by the Municipality as if they are officers and employees of the Municipality.
(1B) The officers and employees so transferred shall be under the control and supervision of the Municipality, and the terms and conditions in regard to their services including disciplinary actions, shall continue to be the same as that applicable to them under the Government subject to the other provisions of this Act.
(1C) The salary of the Government employee
1[Subject to the provisions of this Act and bye-laws and regulations for the time being in force, the Secretary shall specify the duties of the officers and employees of the municipal establishment and Secretary shall exercise supervision and control over them.]
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1. Section 228 substitution by Act 14 of 1999, w.e.f. 24-3-1999. Prior to the substitution it read as under:
"228. Control of Secretary over establishment.- Subject to the provisions of this Act and to any bye-laws and regulations for the time being in force, the Secretary shall specify the duties of the Municipal establishment and shall exercise supervision and control over all officers and staff under the Municipality."
1[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.
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1. Section 229 substituted by Sections 229, 229A & 229B by Act 14 of 1999, w.e.f. 24-3-1999.
"229. Power of Chairperson over establishment.- The Chairperson shall exercise supervisory control over the work of all officers and staff under the Municipality and may require the Secretary to produce or make available all nec
(1) The Government shall prescribe a general code of conduct relating the relationship between the elected authorities of the Municipality and its employees for the purpose of protection of the right of the officers and employees, under the control of the Municipality to tender advice on the matters dealt with by them, and their professional freedom and statutory rights.
(2) The views expressed by the officials shall be included in the minutes of discussions.
(3) There shall be a mutual respect in behaviour between the elected authorities, officials and employees of the Municipality, totally avoiding rude language, gesture or action.
(4) Any complaints on the infringement of the code of conduct by the elected authorities shall be considered by the Ombudsman for Local Self Government Institutions, constituted under section 271 G of the Kerala Panchayat Raj Act, 1994 (13 of 1994) and the report thereo
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.]
(1) Every Municipality may levy-
(a) a property tax;
(b) a profession tax;
(c) a tax on animals and vessels;
(d) a show tax;
(e) a tax on advertisements;
(f) a tax on timber brought into the municipal area;
(g) a duty on certain transfers of immovable property in the shape of an additional stamp duty subject to the rules framed by Government.
(2) The Municipality may, for the purpose of providing any specific civic service or amenity levy a surcharge on any tax other than profession tax levied by the Municipality;
Provided that no surcharge shall be levied if a tax or cess is already being levied for the same purpose:
Provided further that such surcharge shall, in no case, exceed 1[fifty per cent], of the amount of the tax.
1[(1) Any resolution of a Council of a Municipality determining to levy a tax shall specify the rate at which and the date from which any such tax shall be levied:
Provided that in the case of property tax, the rates and the date from which they shall come into force shall be fixed as per section 233 and the rules made thereunder.
(2) Before passing a resolution imposing tax for the first time or increasing the rate of an existing tax, a notice showing the intention of the resolution shall be published in the Gazette and at least in one Newspaper published in the language of the locality having wide circulation in the area of the Municipality, on the notice board of the office of the Municipality and in such other places within the Municipal area as may be specified by the Council and in any other manner as it may determine, of its intention of the resolution, fix a reasonable period not being less than fiftee
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.
1[(1) Every Council of the Municipality shall, in accordance with the provisions of this Act and the rules as may be prescribed, levy property tax on every building (including the land appurtenant thereto) situated within the area of the respective Municipality and not exempted as per the provisions of the Act.
1[xxx]
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1. Section 234 omitted by Act 30 of 2009, K.G.Ex. No. 1844, w.e.f. 7-10-2009. The omitted Section 234 read as under:
"234. Method of assessment of property tax.-
(1) Every building shall be assessed together with its site and other adjacent premises occupied as an appurtenance thereto unless the owner of the building is a different person from the owner of such site or premises.
[(2) Notwithstanding anything contained in the Kerala Buildings (Lease and Rent Control) Act, 1965 (2 of 1965) or any other law for the time being in force, for the purpose of assessing the property tax, it shall be assessed in the prescribed manner on the basis of the annual value of any buildings and lands adjacent to it, the importance of area where the building is situated, type of the building construction, method
1[The following buildings and lands shall be exempted from the property tax as may be levied under section 233 and service cess as may be levied under sub-section (4) of section 230, namely:-
(a) buildings set apart for public worship and actually so used or used for incidental purposes, religious study centres;
(b) buildings exclusively used for educational purposes or allied purposes under the ownership of educational institutions owned by the Government, aided or functioning with the financial assistance of the Government and the hostel buildings wherein the students of the said institutions reside;
(c) hospitals providing treatment to patients at free of cost;
(d) buildings which are providing shelter to destitutes, or orphans or physically or mentally challenged persons or persons suffering from fatal diseases or animal, using for charitable purposes and admitt
Section 235 of the Kerala Municipalities Act, 1994 is a critical fiscal provision that governs exemptions from property tax, service cess, and other levies imposed by municipal authorities on buildings and lands within their jurisdiction. This section represents the legislative framework for determining which properties are exempt from municipal taxation, balancing the need for revenue generation with public policy objectives supporting education, worship, charity, and other socially beneficial activities.
Section 235 of the Kerala Municipalities Act, 1994 provides for exemption from property tax (levied under Section 233) and service cess (levied under Section 230(4)) for specific categories of buildings and lands. The provision lists various exempted categories, including buildings used for public worship, educational purposes, charitable purposes, and other specified uses, subject to specific conditions regarding ownership, occupancy, and usage.
The essential ingredients for claiming exemption under Section 235 include:
The scope of Section 235 extends to determining which properties fall within the exempted categories and which do not. It applies to all buildings and lands within municipal corporations and municipalities governed by the Act. The provision distinguishes between private ownership and institutional ownership, and between commercial use and non-commercial use of properties.
Section 235 is primarily an exemption provision and does not prescribe punishment. However, the denial of exemption results in the property becoming subject to property tax under Section 233 of the Act. Failure to pay such taxes may attract penal consequences under other provisions of the Act.
1[x x x]
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1. Section 236 omitted by Act 30 of 2009, w.e.f. 7-10-2009, published in K.G.Ex. No. 1844, dt. 7-10-2009. dt. 7-10-2009. Prior to the omission Section 236 read as under:
"236. Taxation to be uniform.-
The rate of any class of property tax on lands when levied on their annual value under sub-section (3) of section 233 may be lower than the rate of the same class of property tax on buildings, but either rate shall be uniform throughout the municipal area on all buildings or on lands liable to be so taxed on their annual value, as the case may be."
1[The property tax and the surcharge upon the property tax payable under sub-section (2) of section 230 or service cess under sub-section (4) shall, if any levied, subject to the prior payment of land revenue, if any, due to Government with regard to the place where the building locates, shall be the first charge upon the building, land and upon the movable property, if any, found within or upon the same and belonging to the persons liable to such tax.]
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1. Section 237 substituted by Act 30 of 2009, w.e.f. 7-10-2009, published in K.G.Ex. No. 1844, dt. 7-10-2009. Prior to the substitution it read as under:
"237. Property tax, first charge on property.-
The property tax on buildings and lands shall, subject to the prior payment of land revenue, if any, due to the Government thereon, be a first charge upon the said buildings or la
1[xxx]
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1. Section 238 omitted by Act 30 of 2009, w.e.f. 7-10-2009, published in K.G.Ex. No. 1844, dt. 7-10-2009. dt. 7-10-2009. Prior to the omission it read as under:
238. Revision and time of payment of property tax.- Subject to the rules made by Government the property tax shall be assessed and the half-yearly tax determined once in every four years and the half-yearly tax shall be payable by the owner of the assessed property within thirty days of the commencement of each half-year:
Provided that except in the case of substantial improvements or addition to an existing building since the last assessment, the annual value of any building shall not exceed the limit, if any, fixed by the Government from time to time.
Provided that revision of tax after the date of first April 1998, shall come into force
(1) When any building whether ordinarily let or occupied by the owner himself has been vacant and unlet for a half-year, the owner shall be entitled to a remission of tax for that half-year.
(2) If the owner had already paid the tax in respect of a half-year in which a remission is due, he shall be entitled to get either refund or shall be entitled to get the amount adjusted in the tax for the succeeding half-year.
(3) (a) No such remission shall be admissible unless the owner of the building or his agent has previously thereto delivered notice to the Secretary-
(i) that the building is vacant and unlet, or
(ii) that the building will be vacant and unlet from a specified date either in the half-year in which notice is delivered or in the succeeding half-year.
(b) Every notice under clause (a) shall expire with the half-year succeeding the half-year dur
(1) Whenever the title of any person primarily liable to the payment of property tax on any premises to or over such premises is transferred, the person whose title is transferred and the person to whom the same shall be transferred shall, within three months after the execution of the instrument of transfer or after its registration if it be registered or, after the transfer is effected, if no instrument be executed, give notice of such transfer to the Secretary.
(2) In the event of the death of any person primarily liable as aforesaid, the person to whom the title of the deceased shall devolve, as heir or otherwise, shall give written notice of such transfer to the Secretary within one year from the date of death of the deceased.
(3) The notice to be given under this section shall be in such form as the Secretary may specify and the transferor, and the transferee or in the case of death of a person, the person to whom t
1[xxx]
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1. Section 241 omitted by Act 30 of 2009, w.e.f. 7-10-2009, published in K.G.Ex. No. 1844, dt. 7-10-2009. Prior to the omission it read as under:
"241. Owner's obligation to give notice of construction, reconstruction or demolition of building.-
(1) (a) If any building is constructed or reconstructed in a Municipal area the owner shall give notice thereof to the Secretary within fifteen days from the date of completion or occupation of the building, whichever is earlier.
(b) If such date falls within the last two months of a half-year, the owner shall subject to notice being given under clause (a), be entitled to a remission of the whole of the tax or enhanced tax, as the case may be, payable in respect of the building only, for that half-year.
(c) If such date falls within
1[(1) Notwithstanding anything contained in this Act or the rules made thereunder, where any person has unlawfully constructed or reconstructed any building, such building shall without prejudice to any action that may be taken against that person, be liable to pay the sum of property tax that would have been paid, had the said building been constructed lawfully, together with twice the amount, towards property tax of the building constructed unlawfully with effect from the date of completion or utilisation of that for any of the purpose mentioned in sub-section (2) of section 233, whichever is earlier, till the date of demolition of that building.
(2) Nothing contained in sub-section (1) shall preclude the Secretary from proceeding against such person under section 406 of the Act and the owner shall not have the right to get any compensation due to any action taken by the Secretary under this section.
(3) No b
(1) Where any area is included within a municipal area the owner of every building or land in such area shall -
(a) if the date of such inclusion falls within the last two months of a half-year, not be liable to pay property tax in respect for that half-year; and
(b) if such date falls within the first four months of a half-year, be entitled to a remission of so much tax not exceeding half of the property tax payable in respect thereof for that half-year, as is proportionate to the number of days in that half-year preceding such date.
(2) Where any area is excluded from a municipal area, the owner of every building or land in such area shall be entitled-
(a) if the date of such exclusion fails within the first two months of a half-year, to a remission of the whole of the property tax payable in respect thereof for that half-year; and
(b) if such date fai
(1) For the purpose of assessing property tax, the Secretary may, by notice, call upon the owner or occupier of any land or building to furnish him, within thirty days after the service of the notice where the notice is served upon the Government or a company and within fourteen days after such service in other cases, with returns of the rent payable for the land or building, the cost of erecting the building and the measurements of the land and building, and with such other information as the Secretary may require; and every owner and occupier on whom such notice is served shall be bound to comply with it and to make a true return to the best of his knowledge or belief.
(2) For the purpose of sub-section (1), the Secretary may, after giving twenty four hours notice to the owner or the occupier, enter, inspect, survey and measure such building or land.
(1) Where the Council by a resolution determines that a profession tax shall be levied-
A. every company which after the date specified in the notification published under section 232-
(i) transacts business in the municipal area for not less than sixty days in the aggregate to any half-year; or
(ii) transacts business outside the limit of the municipal area but has its head office or place from which its business is controlled within the municipal area for not less than sixty days in the aggregate in any half-year; and
B. every person, who after the said date in any half-year,-
(a) exercises a profession, art or calling or transacts business or holds any appointment, public or private-
(i) within the municipal area for not less than sixty days in the aggregate; or
(ii) outside the municipal area, but who
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.
(1) Where a company or person employs a servant or agent to represent it or him for the purpose of transacting business in a municipal area, such company or person shall be deemed to transact business in the municipal area and such servant or agent shall be liable for profession tax in respect of the business of such company or person, whether or not such servant or agent has power to make binding contracts on behalf of such company or person.
(2) Where one company or person is the agent of another company or person, the former company or person shall not be liable separately to the profession tax, on the same income as that of the principal.
All statements made, returns furnished or accounts or documents produced, in connection with the assessment of profession tax by any company or person shall be treated as confidential and copies thereof shall not be issued to public.
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.
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.
(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 li
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.
(1) The Secretary shall, during the month of April every year, by notice, require every head of office or person liable to recover profession tax under section 252 to furnish to the Secretary the names and addresses of the offices or institutions under his control within such time as may be specified in the notice.
(2) Every head of office shall furnish to the Secretary the information required by him under sub-section (1) within such time as may be specified and he shall also furnish the name and designation of the head of office and shall intimate the Secretary whenever there is a change of head of office.
(3) The Secretary shall on receipt of the information furnished to him under sub-section (1) register the name of the offices or institutions in a register to be maintained for the purpose.
(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 1[September and March] of every year, head of office or employer shall assess every employee liable to tax and recover the amount from him and pay over to the Municipality together with a list of all employees who have been assessed to tax giving the details such as name, designation, half-yearly income and the amount of tax recovered and shall also furnish a certificate to the effect that all employees liable to tax have been included in the statement furnished.
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1. The words "February and August" substituted by Act 3
Section 254 of the Kerala Municipality Act, 1994, pertains to the assessment and collection of Profession Tax within municipal areas. It establishes the procedural framework for municipal authorities to assess liable individuals and enforce payment, ensuring the financial sustenance of municipal functions.
Section 254 mandates that the Secretary of a Municipality shall, during May and November of each year, issue notices to the heads of offices or employers to assess and recover profession tax from employees and self-employed persons. This section also empowers the Secretary to enforce compliance and specify penalties for non-payment.
Section 254 applies to:- All employees within municipal limits liable to profession tax.- Self-employed persons conducting business or profession.- Employers responsible for deducting and remitting taxes.- Municipal authorities overseeing assessment and collection.- It also provides a regulatory framework for penalties and enforcement.
Penalties for non-compliance include:- Fine up to Rs. 5000 for failure to pay profession tax [Source: Profession Tax provisions].- Possible prosecution or legal action for persistent default.- Administrative penalties for neglecting assessment duties.
Note: The analysis is based on the available sources, emphasizing judicial principles, procedural fairness, and enforcement mechanisms relevant to Section 254 of the Kerala Municipality Act, 1994.
(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.
(1) Every self drawing officer shall, before the end of 1[September and March] every year, remit or cause to be remitted the profession tax due from him in respect of each half-year in accordance with the schedule of tax in force along with a statement showing the details of half-yearly income.
(2) On receipt of payment under sub-section (1), the Secretary shall issue official receipt therefor.
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1. The words "August and February" substituted by Act 30 of 2009, w.e.f. 7-10-2009, published in K.G.Ex. No. 1844, dt. 7-10-2009.
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.
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 1[March and September] every year to the effect thatprofession tax due in respect of all employees and himself, as the case may be, has been paid and the details furnished to Secretary and in the absence of such certificate the passing officer shall not honour the bill.
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1. The words "February and August" substituted by Act 30 of 2009, w.e.f. 7-10-2009, published in K.G.Ex. No. 1844, dt. 7-10-2009.
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.
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.
(1) Every person having possession, custody or control of any taxable animal or vessel shall be liable for the full half-yearly tax if the animal or vessel has been kept or used within the municipal area for an aggregate period of not less than sixty days in a half-year.
(2) If such aggregate period exceeds fifteen days, but is less than sixty days, one half of the half-yearly tax alone shall be leviable.
(3) If such aggregate period does not exceed fifteen days, no tax shall be leviable for the half-year.
(4) Every person having possession, custody or control of any taxable animal or vessel within a municipal area shall, until the contrary is shown, be presumed to have kept the same within the municipal area for sixty days in the half-year.
(5) Notwithstanding anything contained in sub-sections (1) and (2) no person shall be liable-
(a) to pay tax to th
No tax shall be levied on-
(a) animals and vessels belonging to the Government;
(b) animals and vessels kept solely for sale by dealers;
(c) animals and vessels belonging to the Municipality;
(d) animals, which during the whole of a half-year have been kept in any institution for the reception of infirm or disabled animals or which are certified by a veterinary surgeon to have been unfit for use during the whole of the half-year; and
(e) vessels which during the whole of a half-year have been kept in any place for repairs.
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.
(1) The Secretary shall, before the commencement of each half-year, publish a notice requiring every person who, within the municipal area, keeps, owns, possesses any animal or vessel liable to tax to furnish a return in the form specified by him.
(2) Every person who keeps, owns or possesses any animal or vessel liable to tax for more than fifteen days in a half-year shall furnish a return under sub-section (1) to the Secretary.
(3) The Secretary shall on receipt of the return, send to every such person a half-yearly bill requiring him to pay the tax within the time, specified in the bill.
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.
(1) The Secretary may direct that a municipal number shall be affixed to every vessel for which a licence has been granted under section 265 and that a token bearing a municipal number issued shall be kept by the owner of every animal for which a licence has been issued under that section.
(2) All numbers affixed or tokens issued under sub-section (1) shall be entered in a register to be kept for the purpose in the office of the Municipality.
(3) The register referred to in sub-section (2) shall be open to inspection at all reasonable times, without payment of any fee by any person who pays tax to the Municipality.
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
(1) Where the vessel or animal seized under section 267 is not claimed, and the tax due thereon is not paid and a municipal number affixed or token obtained as the case may be, within ten days from the date of seizure, the Secretary may direct that the vessel or animal, as the case be, shall be sold in public auction and the proceeds of the sale applied to the payment of,-
(a) the tax, if any, due on the vessel or animal sold;
(b) such penalty not exceeding the amount of the tax as the Secretary may direct; and
(c) the charges incurred in connection with the seizure, detention and sale.
(2) The balance of the sale proceeds, if any, shall be kept as a deposit for a period of one year from the date of sale and if not claimed within that period shall be credited to the Municipal fund.
(3) Where the owner of the vessel or animal or other person entitled ther
1[(1) Where a Council by resolution, determines to levy a show tax, such tax shall be levied, subject to such rules as may be prescribed, on all shows within the Municipal area, calculated at the minimum rate as shown below and after every two years, the Council shall impose the said tax after making a fixed perc
(1) There shall be levied a duty on transfer of property in the form of a surcharge on the duty imposed by the Kerala Stamp Act, 1959 (17 of 1959) on every instrument of the description specified in column (1) of the table below which relates to immovable property situated within a Municipal area, at such rate as fixed by t
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:
1[Provided that the rates shall not be less than the rate specified by the Government for this purpose.]
Provided further that the tax under this section in any advertisement displayed in a public service vehicle as defined in the Motor Vehicles Act, 1988 (Central Act 59 of 1988) passing through the local limits of more than one local authority shall be levied by a Municipality only if such vehicle-
(a) commences its opera
(1) No advertisement shall, after the levy of the tax under section 271 has been determined upon by the Council, be erected, exhibited, fixed or retained upon or over any land, building, wall, hoarding or structure within the municipal area or shall be displayed in any manner whatsoever in any place in that area without the written permission of the Secretary.
(2) The Secretary shall not grant such permission if-
(i) the advertisement contravenes any bye-law made by the Council under clause (32) of section 567; or
(ii) the tax, if any, due in respect of the advertisement has not been paid.
(3) Subject to the provisions of sub-section (2), in the case of an advertisement liable to advertisement tax the Secretary shall grant permission for the period to which the payment of tax relates and no fee shall be charged in respect of such permission:
Provided t
The permission granted under section 272 shall become void in the following cases, namely:-
(a) if the advertisement contravenes any bye-law made by the Council under clause (32) of section 567; or
(b) if any addition to the advertisement be made except for the purpose of making it secure under the direction of the municipal engineer; or
(c) if any material change be made in the advertisement or any part thereof; or
(d) if the advertisement or any part thereof falls otherwise than through accident; or
(e) if any addition or alteration be made to, or in the building, wall or structure upon or over which the advertisement is erected, exhibited, fixed or retained, if such addition or alteration involves the disturbance of the advertisement or any part thereof; or
(f) if the building, wall or structure upon or over which the advertisem
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.
(1) Where any advertisement is erected, fixed or retained contrary to the provisions of sections 271 or section 272 or after the written permission for the erection, exhibition, fixation or retention thereof for any period shall have expired or becomes void, the Secretary may, by notice in writing require the owner or occupier of the land, building, wall, hoarding or structure upon or over which the same is erected, exhibited, fixed or retained to take down or remove such advertisement or may enter any building, land or property and have the advertisement removed.
(2) any person exhibiting or responsible for exhibiting any advertisement otherwise than in accordance with the provisions of this Act shall be liable, in addition to the penalty prescribed in the Fourth Schedule and the Fifth Schedule to pay the Municipality the charges of the removal of the unauthorised advertisement
The Secretary may farm out the collection of any tax on advertisement leviable under section 271 for any period not exceeding one year at a time on such terms and conditions as may be provided for by bye-laws made under section 567.
Section 276 of the Kerala Municipality Act, 1994, establishes the appellate and revisional jurisdiction of the Tribunal for Local Self-Government Institutions. It provides a mechanism for challenging administrative actions and decisions by municipal authorities, ensuring judicial oversight and accountability in local governance.
Section 276 outlines the scope of appeals and revisions against notices, orders, or actions taken by municipal officers or authorities. It specifies that appeals can be filed with the Tribunal constituted under Section 271S, and details the subjects and procedures for such appeals, including the power of the Tribunal to remand, decide on merits, and stay proceedings.
The section covers appeals against administrative actions related to taxation, licensing, permits, and other local governance functions. It is designed to provide a comprehensive appellate mechanism, ensuring decisions are subject to judicial review, thereby promoting transparency and legality in local administration.
While Section 276 itself primarily deals with appellate procedures, violations such as non-compliance with Tribunal orders or procedural irregularities can attract penalties under other provisions of the Act, including penalties for non-compliance with directions or orders issued under the Act.
Note: The analysis synthesizes the available sources, primarily focusing on Sections 276 and related provisions, emphasizing the Tribunal’s appellate powers and procedural scope under the Kerala Municipality Act, 1994.
Prepared by: Legal Analyst
(1) Where a Council, by a resolution determines that a tax shall be levied on timber brought into the municipal area, such tax at such rates, not exceeding twenty-four rupees per tonne shall be levied in the manner determined by the Council:
Provided that no tax shall be levied on any timber brought into a municipal area in the course of transit to any place outside that area and directly removed out of a Municipal area by rail, road or water.
(2) No timber shall, except in the case referred to in the proviso to sub-section (1), be brought into a municipal area unless the tax due thereon has been paid.
(3) The tax shall be levied on timber kept within a Municipal area for sale if the Secretary has reason to believe that the tax, if any, due thereon has not been paid:
Provided that the tax shall not be levied if the person keeping timber for sale produces satisfactory proof of
The Secretary may, with the sanction of the Council, farm out the collection of tax under section 277 for a period not exceeding one year.
(1) Notwithstanding anything contained in this Act the Government may, by order published in the Gazette-
(i) direct a Municipality to levy either retrospectively or prospectively the property tax or any class of property tax, or any other tax leviable under this Act or any other law, at such rate and with effect from such date, as may be specified in the order; and
(ii) authorise a Municipality to levy, collect and appropriate such taxes, duties, tolls and fees in accordance with such procedure and subject to such limits as may be specified in the order.
(2) When an order under sub-section (1) has been published, the provisions of this Act relating to tax shall apply as if the Council had on the date of publication of such order by resolution determined to levy the tax at the rate and with effect from the date specified in the order and as if no other resolution of the Council under section 231 d
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.
(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.
1[(2) The Government and with the permission of the Government, the Council, may exempt wholly or in part any class of buildings under the ownership of any person, from the payment of tax, cess or duty under the provisions of this Act.]
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1. Sub-section (2) substituted by Act 30 of 2009, K.G.Ex. No: 1844, dt. 7-10-2009. Prior to the substitution it read as under:
(2) The Government, or with the sanction of the Government the Municipality may exempt any person or class of persons wholly or in part from the payment of any tax. But nothing in this section shall be deemed to authorise the exempti
Notwithstanding anything to the contrary contained in this Act or the rules made thereunder, where for any reason a person liable to pay any tax or fees leviable under this Chapter has escaped assessment in any half-year, the Secretary may at any time within four years from the date on which such person should have been assessed, serve on him a notice assessing to the tax or fee due and demanding payment thereof within fifteen days from the date of such service and thereupon the provisions of this Act and the rules made thereunder shall, so far as may be, apply as if the assessment was made in the half-year to which the tax or fee relates.
1[(1) All moneys received by a Municipality under this Act or the rules made there under or any other law for the time being in force, shall constitute a fund which shall be called the Municipal Fund and shall be utilised and disposed of subject to the provisions of this Act or any other laws.
(2) The items of income to be credited to the Municipal Fund consist of the following, namely:--
(a) Taxes, duties cess and surcharge levied under this Act or any other law, the rent from properties, fees from licences and permissions and its income from other miscellaneous items;
(b) Share of the taxes levied by the Government and transferred to the Municipality and the grants released to the Municipality by the Government;
(c) Grants released by the Government for the implementation of schemes, projects and plans formulated by the Municipality;
(d) Gra
1[ (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.]
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1. Section 283A inserted by Act 14 of 1999, w.e.f. 24-3-1999.
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.
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.
1[(1) The Standing Committee concerned shall by considering the estimate and proposals of the Secretary and the officials dealing with the respective subjects concerned submit their proposals to the Standing Committee for finance and after considering those proposals and all the requirements of this Act the Standing Committee for finance shall prepare budget estimate of the receipts and expenditure of the Municipality for the next year.]
(2) The budget estimate under sub-section (1) shall-
(a) provide for the payment, as they fall due, of all instalments of principal and interest for which the Municipality may be liable on account of loans; and
(b) allow for a cash balance at the end of the year of not less than 2[five per cent] of the revenue of the Municipality.
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1. Sub-section (1) substituted by
1[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.]
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1. Section 289 substituted by Act 14 of 1999, w.e.f. 24-3-1999. Prior to the substitution it read as under:
"287. Consideration of budget estimate by the Council.--
The budget estimate prepared by the Standing Committee shall be laid before the Council at a meeting not later than the first week of March."
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.
1[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.
1[(2) Unless the council has passed the budget before 1st April, from that date onwards, no amount shall be expended from the Municipal Fund.]
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1. 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.
Notwithstanding anything contained in sections 286, 287 and 288 1[where the standing committee for finance fails] or omits or delays the preparation of the budget estimates of the Municipality within the specified period, the 2[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.
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1. Substituted for the words "where the Standing Committee fails" by Act 14 of 1999, w.e.f. 24-3-1999.
2. Substituted for the words "Chairman" by Act 14 of 1999, w.e.f. 24-3-1999.
1[xxx]
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1. Section 291 omitted by Act 14 of 1999, w.e.f. 24-3-1999. The omitted Section 291 read as under:
"291. Council may pass supplemental budget.--
The Council may, on the recommendation of the Standing Committee concerned for the preparation of budget estimate, from time to time, during any year, pass, subject to the provisions of sub-section (2) of section 286, a supplemental budget estimate for the purpose of meeting any special or unforeseen requirement arising during that year."
1[xxx]
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1. Section 292 omitted by Act 14 of 1999, w.e.f. 24-3-1999. The omitted Section 292 read as under:
" 292. Reduction or transfer of budget grants.--
(1) The Standing Committee concerned may, if it thinks necessary, at any time during an year-
(a) reduce the amount of a budget grant; or
(b) transfer and add the amount or a portion of the amount of one budget grant to the amount of any other budget grant:
Provided that-
(i) due regard shall be had to all the requirements of this Act when making any such reduction or transfer;
(ii) the aggregate sum of the budget grants contained in the budget estimate adopted by the Council shall not be increased except by the Council; and
(iii) every such reduction or t
(1) The Budget to be prepared by the Standing Committee of each Municipality under section 286 shall be prepared and submitted before the Council in the prescribed form and manner, and got approved with modifications as it deems fit.
(2) The working balance shown in the budget should not be less than 5% of the current year's estimated receipts excluding the receipts from endowments Government grants, contributions and debt heads.
(3) The estimated receipts should be detailed and real and apparent differences, if any, from the actual receipts of the last year should be accompanied by detailed notes and explanations.
(4) It shall include necessary provision for all fixed charges and discharge of debts.
(5) The Standing Committee shall, if it is found necessary during the course of a year that the estimates relating to its receipts or the expenditure in respect of the various ser
(1) The Secretary shall publish, not later than the first week of June, an annual financial statement of the preceding year, approved by the Council, in such form as may be prescribed embodying a classified abstract of receipts and payments of the Municipality under Revenue, Capital and Debt heads, a demand, collection and balance statement and a statement of the general financial position of the Municipality.
(2) As soon as may be, after the publication of the financial statement under sub-section (1), the Secretary shall forward a copy thereof to the auditors.
(1) The Municipality shall maintain its accounts and other books connected with the accounts in the manner and form as prescribed and shall enter the receipt and expenditure accounts forthwith in such books.
(2) The responsibility to maintain or cause to maintain the accounts and the connected books of the Municipality in the manner and form as prescribed and to submit or cause to submit such accounts to the Local Fund Examiner for conducting audit in the time shall west with the Secretary.
(3) The Examiner of Local Fund Accounts and his nominees shall be the auditors of the Municipality.
(4) The auditors shall maintain a continuous audit of the accounts of the Municipality and shall, after completing the audit for a year or for any shorter period or for any transaction or series of transactions, send a report to the Municipality concerned and a copy thereof to Government.
(5)
1[ 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.]
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1. Section 296 substituted by Act 14 of 1999, w.e.f. 24-3-1999. Prior to the substitution Section 296 read as under: "296. Contribution to expenditure.--
If the expenditure incurred by the Government or by any other Municipality or Panchayat in the State for any purpose authorised by or under this Act such as to benefit the inhabitants of a Municipality, th
(1) The Municipality may in pursuance of any resolution passed at a special meeting of the Council borrow by way of debenture or otherwise on the security of all or any of the taxes, duties, fees,1[service charges] and dues authorised by or under this Act, any sums of money which may be required,-
(a) for the construction of works; or
(b) for acquisition of lands and buildings; or
(c) for slum clearance and construction of tenements; or
(d) to pay off any debt due to the Government; or
(e) to repay a loan raised by the Municipality; or
(f) for town improvement Schemes; or
(g) for any public utility Schemes maintained or proposed to be maintained by the Municipality:
Provided that--
(i) no loan shall be raised without the previous sanction of the Gover
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.
1[ (1) Notwithstanding anything contained in the forgoing provisions the borrowing powers of a Municipality shall be as prescribed, in relation to the total annual receipts of that Municipality.
Provided that nothing contained in this section shall prevent the issuance of Revenue Bonds by the Municipality, secured by pledge of the revenue stream from the project and strengthened on the basis of escrow account or credit enhancement conditions:
Provided further that the short fall in the escrow account would be made good from the grants due from Government on intimation by the trustees.]
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1. Section 299 substituted by Act 14 of 1999, w.e.f. 24-3-1999. Prior to the substitution it read as under:
"299. Limitation on borrowing power.--
Notwithstanding anything hereinbefore contained the borrowing powers of a
All debentures issued under this chapter shall be in such form as the Municipality may, with the previous sanction of the Government, determine, and shall be transferable in such manner as shall be therein expressed and the right to sue in respect of the money secured by any of such debentures shall vest in the holders thereof for the time being without any preference by reason of some such debentures being prior in date to others.
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.
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.
(1) The Municipality shall maintain sinking funds for the repayment of money borrowed on debentures issued and 1[shall pay by quarterly instalments into such sinking funds such sum as will be sufficient for the repayment within the period fixed for the loan of all moneys borrowed on debentures issued and in the event of default in payment of quarterly instalments, the grants due from Government shall be remitted to the Sinking Fund.]
(2) All moneys paid into the sinking funds shall, as soon as possible, be invested by the Secretary in-
(a) securities of the Central or the State Government; or
(b) securities guaranteed by the Central or the State Government;
and shall be invested in the joint names of the Secretary to the Government of Kerala Finance Department and the Secretary to the Government of Kerala in charge of Municipal Administration to be held by them as t
The trustees under sub-section (2) of section 303 may apply a sinking fund or any part thereof in or towards the discharge of the loan or part of a loan for which such fund was created and, until, such loan or part is wholly discharged shall not apply the same for any other purposes:
Provided that when any loan or part thereof has been consolidated under section 306, the trustees shall transfer to the sinking funds of the consolidated loan so created such part of the sinking funds of the original loans as may be proportionate to the amount of the original loans incorporated in the consolidated loan.
(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.
(1) Notwithstanding anything to the contrary contained in this Chapter the Municipality may consolidate all or any of its loans and for the purpose may invite tenders for a new loan (to be called the Municipal consolidated loan 19.....) and invite the holders of Municipal debentures to exchange their debentures for scrip of such loan.
(2) The term of any such consolidated loan and the form of its scrip and the rates at which exchange into such consolidated loan shall be permitted shall be subject to the prior approval of the Government.
(3) The period for the extinction of any such consolidated loan shall not, without the sanction of the Government, extend beyond the farthest date within which any of the loans to be consolidated would be otherwise repayable.
(4) The Municipality shall provide for the repayment of any such consolidated loan by a sinking fund in the manner laid down in section 303 hav
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.
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.
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.
In this Chapter,-
(a) "hospital" means any establishments or premises used or intended to be used, for the reception or accommodation of persons suffering from any sickness, injury or infirmity, whether of body or mind, and the providing of treatment or nursing or both for them and includes a maternity home but does not include any hospital or nursing homes licenced under the Mental Health Act, 1987 (Central Act 14 of 1987) and institutions for the care of mentally retarded persons and leprosy patients and institutions run by Government or voluntary organisations for the care and welfare of the aged;
(b) "maternity home" means an establishment where women are usually received and accommodated for the purpose of confinement and anti-natal and post-natal care in connection with child birth or anything connected therewith;
(c) "Private hospital" means any hospital other than a hospital belonging to or
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.
In the case of a private hospital or a paramedical institution existing on the date of commencement of this Act in a Municipal area it shall be deemed to have been registered under this Act, if an application for registration has been filed in accordance with the provisions of section 313, 1[within the prescribed period]
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1. Substituted by Act 8 of 1995.
Every application for registration of a private hospital or a paramedical institution or for a renewal of the registration shall contain such particulars and shall be accompanied by such fees, as may be prescribed.
Any person maintaining or running an unregistered private hospital or private paramedical institution in contravention of the provisions of this Act shall, on conviction 1[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.]
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1. Section 314 substituted by Act 14 of 1999, w.e.f. 24-3-1999. Prior to the substitution section 314 read as under:
"be punished with fine which may extend to five thousand rupees."
1[ 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.]
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1. Section 314A inserted by Act 14 of 1999, w.e.f. 24-3-1999.
1[ (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 Municipali
(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 schem
(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.].
1[ (1) Municipality shall cause the public streets in its land area to be lighted and for that purpose shall provide such lamps and works as it deem necessary.
(2) For the purpose of sub-section (1), the Kerala State Electricity Board shall provide the required electrical energy and technical assistance to the Municipality, at the rates fixed by Government and on other conditions, as prescribed.
(3) Notwithstanding anything contained in sub-section (1), the Government shall, in consultation with the Municipality, provide any public street with a lighting system through an approved agency.
(4) Notwithstanding anything contained in this section, two or more Local Self Government institutions, may with the sanction of and on such terms as may be approved by the Government, provide and maintain any street lighting system jointly.]
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1[ 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.]
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1. Section 316A inserted by Act 14 of 1999, w.e.f. 24-3-1999.
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 fo
(1) No person shall, without the permission of the Secretary make any connection with any municipal cable, wire, pipe, 1[any underground drain under the control of the Municipality], or with the house connection of any other person.
(2) The Secretary may, by notice, require any connection made in contravention of sub-section (1) to be demolished, removed, closed, altered or remade.
2[(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.]
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1. Substituted for "drain or channel" by Act 14 of 1999, w.e.f. 24-3-1999.
2. Sub-section (3)
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, 1[at the cost of the Municipal Fund], require the owners of the same to raise or lower the level thereof.
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1. Substituted for the words "with the sanction of the Government and at the cost of the municipal fund" by Act 14 of 1999, w.e.f. 24-3-1999.
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.
1[(1) The Secretary may, issue licence, for providing and maintaining pay and use latrines, for public use, subject to such conditions as may be fixed by the Council and for the period fixed by it]
(2) No person shall keep a public latrine without a licence under sub-section (1).
(3) Every licensee of a public latrine shall maintain it clean and in proper order.
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1. Sub-section (1) substituted by Act 30 of 2009, w.e.f. 7-10-2009, published in K.G.Ex. No. 1844, dt. 7-10-2009. Prior to the substitution it read as under:
(1) The Secretary may issue licence, for the period as fixed by the Council, for providing and maintaining latrines for public use.
(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.
1[(2) Where a group of building or huts situated in a land and where individual latrine for each household is not feasible, the Secretary may, by notice, require the owner or occupier of such land to provide latrines of such description and number and in such position and within such time as may be fixed in the notice.]
(3) Where the work under sub-section (1) or sub-section (2) is not carried out within the time specified in the notice, the Secretary may, if he thinks fit, cause such works to be executed and recov
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.
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.
1[Any latrine shall be of such kind, affording privacy to its user and to screen the filth from the view of persons passing by or residing in the neighborhood, and it shall have water closet, leach pit having lid or septic tank or drainage system, net tied polluted air exhaust system etc. All latrines shall always be maintained clean and in a proper manner and waste water shall not be permitted to accumulate in its surroundings.]
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1. Section 325 substituted by Act 30 of 2009, w.e.f. 7-10-2009, published in K.G.Ex. No. 1844, dt. 7-10-2009. Prior to the substitution it read as under:
Section 325 - Latrines to afford privacy
All latrine shall be so constructed as to afford privacy to its user and to screen the filth from the view of persons passing by or residing in the neighbourhood and shall be kept clean and in proper ord
1[MANAGEMENT OF WASTE]
(1) Every Municipality shall make adequate arrangements for;-
(a) the regular sweeping and cleansing of the streets and removal of sweepings therefrom;
(b) the daily removal of the filth and the carcasses of animals from private premises;
(c) the removal of solid wastes; and
(d) the daily removal of rubbish from dustbins and private premises, and with this object, it shall provide:
(i) depots, receptacles and places for the deposit of filth, rubbish and the carcasses of animals;
(ii) covered vehicles or vessels for the removal of filth;
(iii) vehicles or other suitable means for the removal of the carcasses of large animals and rubbish; and
(iv) dustbins, receptacles and places for the temporary deposit of domestic waste, dust
(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.
1[(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 deposi
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.
(1) The Secretary may, with the sanction of the Council, introduce in the Municipal area or part thereof house to house collection of rubbish and other offensive matter for which he may publish, from time to time, an order specifying the hours within which the occupier of any house or premises or land may place rubbish or offensive matter adjacent to his house, premises or land or on a public street adjacent to his house, premises or land as may be specified by the Secretary, in a proper receptacle provided by the Municipality or in a receptacle of the size and type as may be specified by the Secretary in the order that such rubbish or offensive matter may be removed by the employees of the Municipality or by the contractor who may be engaged by the Municipality for this purpose.
(2) No person shall place or cause to be placed rubbish of offensive matter on a public street at the time other than the time specified by the Secretary and except in
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 1[shall be the property of the Municipality and they may dispose of the same by auction or otherwise.]
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1. Substituted for the words "shall be the property of the Municipality" by Act 14 of 1999, w.e.f. 24-3-1999.
(1) Every Municipality shall identify and notify suitable lands within or without the municipal area for the purpose of final disposal of waste.
(2) While notifying the land under sub-section (1), health and environmental aspects shall be taken into consideration by the Municipality.
(3) Every Municipality may make adequate arrangements for the utilisation of solid wastes for the preparation of compost and the disposal of it by sale.
(4) Where composting of waste is not found possible or practicable, sanitary landfill methods shall be adopted by the Municipality for the disposal of waste at the landfill sites in the manner as may be specified by the Council.
(5) Incineration of waste may be resorted to by the Municipality for the disposal of infectious waste generated from the hospitals, nursing homes or health care centres and the non-industrial hazardous waste as specified b
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.
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.
(1) The Secretary may, if he thinks fit, by notice in writing require the owner or the occupier of any premises used as-
(i) a factory, workshop or a place for carrying on any manufacturing process, or
(ii) a market or trade premises, or
(iii) a slaughter house, or
(iv) a hotel, eating house, or restaurant, or
(v) a hospital or a nursing home, or
(vi) a warehouse or godown, or
(vii) a place to which large number of persons resort, where rubbish, offensive matter, filth, trade refuse, special wastes, hazardous wastes or excrementitious and polluted matters are accumulated in large quantities, to collect such matters accumulating thereon and to remove the same to a depot or place provided or directed by the Secretary at such time and in such manner and by such routes as may be specified in the notice.
1[ (1) Notwithstanding anything contained in Sections 326 to 334 and in Sections 335 and 336 of this Act, the owner or the person having the lawful management or control of trade centres, hospitals, markets, slaughterhouses, chicken stalls, fish stalls, marriage halls, flats, hotels, catering service establishments, houses having a plinth area of more than 400 square metres and such other establishments as may be notified by the Municipality, shall,--
(a) keep the waste originated in such buildings, establishment or places, segregated as bio-degradable and non biodegradable waste at the source itself, in the manner as may be prescribed and as provided for in the bye-laws of the Municipality and set up sufficient systems in this behalf;
(b) process and dispose of in appropriate manner the bio-degradable waste segregated as per clause (a) at the source itself or with the written permission of the Secretary, at th
(1) Subject to the provisions of the Environment (Protection) Act, 1986 (Central Act 29 of 1986) and the Rules made thereunder,--
(a) the Municipality shall, by notification, fix the minimum price of various kinds of plastic carry bags and plastic covers and no institution or person shall sell such bags or covers at a price lower than the price so fixed or give them free of cost and the Municipality shall take steps to ensure that no institution or person does so;
(b) where an applicant who applies for license under Section 447 intends to sell plastic bags or plastic covers through his establishment, such information shall be recorded in the application and the Municipality may, in addition to the usual license fee, realise a fixed amount as additional fee in this behalf for the period as may be prescribed, in accordance with the approximate number or quantity of plastic bags and plastic covers intended to be sold;
The Municipality shall constitute a special fund, by name 'The Waste Disposal Fund' for the purpose of disposal of waste, especially for the disposal of plastic waste, originated within the Municipal area, and,
(a) the additional fee realised as per clause (b) of sub-section (1) of Section 334B.
(b) the fine amount recovered in the cases relating to waste disposal; and
(c) the amounts that may be granted by the Government or given by other agencies or person for this purpose;
shall be credited to the Fund and the same shall be managed in the manner as may be prescribed].
1[xxx]
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1. The heading "General Provisions" omitted by Act 30 of 2009, w.e.f. 7-10-2009, published in K.G.Ex. No. 1844 dt. 7-10-2009.
(1) No person shall, after due provision has been made under section 326 by the Municipality for the deposit and removal of rubbish, solid waste, carcasses or filth deposit the same,-
(a) in any street or on the verandah of any building or on any unoccupied ground alongside any street or on any public quay, jetty or landing place, or on the bank of a water course or tank; or
(b) in any dustbin or in any vehicle not intended for the removal of the same; or
(c) in any vehicle or vessel intended for such removal save for the purpose of deodourising or disinfecting the same.
(2) Without prejudice to the generality of the provisions in sub-section (1) no person shall deposit or cause or permit to be deposited any building rubbish on or along any street, public or private land without the previous permission of the Municipality:
Provided that no permission sh
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.
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.
No person shall deposit the skin or otherwise dispose of the carcass of any dead animal at a place not provided for the purpose.
No person shall, in the removal of filth, use any cart or receptacle not having a proper covering for preventing the escape of the contents thereof, or of the stench therefrom, or intentionally or negligently spill any filth in the removal thereof, or omit carefully to sweep and clean every place in which any such filth has been spilled, or place or set down in any public place any filth whether in a vessel, closed or open.
1[(1)] No person shall put or cause to be put any rubbish or filth or other debris into any public place not intended for deposit of rubbish or filth or debris.
1[(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].
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1. Section 340 renumbered as sub-section (1) of that section and added sub-section (2) by Act 8 of 1995 w.e.f. 5-8-
1[ (1) No person shall deposit rubbish, filth or excreta in a public watercourse or water body or any such water source vested in the Municipality under sub-section (1) of section 208A or allow to flow waste water into it or pollute the water in any other way engage or depute or compel or instigate any person to do such activity.
(2) An offence under sub-section (1) shall be cognizable and non-bailable.
(3) Whoever commits an offence referred to in sub-section (1), shall, on conviction, be punishable with fine which shall not be less than ten thousand rupees but not exceeding twenty five thousand rupees and with imprisonment for a term which shall not be less than six months but not exceeding one year.
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1. Section 340A & 340B inserted by Act 30 of 2009, w.e.f. 7-10-2009, published in K.G.Ex. No. 1844, dt. 7-10-2009.
(1) The Secretary or an officer of the Municipality authorised by the Secretary in this behalf or a Police Officer not below the rank of a Sub-Inspector shall, seize a vehicle carrying filth or excreta through public place or public road with the intention or preparation to commit an offence under section 340A or having reasonable cause to suspect that the vehicle is on its return after being used for such deposit, and shall after following such procedures as may be prescribed produce before the Sub Divisional Magistrate having jurisdiction.
(2) After conducting such inquiry and following such procedures as may be prescribed, the vehicle so seized may be released or confiscated, as the case may be.
(3) Where the vehicle is confiscated, it shall be auctioned and the amount be credited to the Municipal Fund.]
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.
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.
No employee of the Municipality engaged in rubbish and solid waste management service shall throw or place any domestic waste, dust, ashes, refuse, rubbish or trade refuse or any excrementitious or polluted matter on any street or in any place not provided for the purpose or place or keep in any street any vehicle or carriage for the removal of solid waste, excrementitious or polluted matter, or suffer the same to remain in any street for any greater length of time than is reasonably necessary.
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.
Whosoever deposits or throws any rubbish, solid waste, filth or carcasses in contravention of the provisions in this Chapter 1[and which does not fall under the purview of section 340A, shall, on conviction, be punishable with fine which shall not be less than five hundred rupees but may extend to two thousand rupees].
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1. The words "shall not be less than fifty rupees but may extend to two hundred and fifty rupees" substituted by Act 30 of 2009, w.e.f. 7-10-2009, published in K.G.Ex. No. 1844, dt. 7-10-2009.
(1) A Municipality shall, at the cost of the municipal fund, cause the public streets and bridges vested in and under the control of that Municipality to be maintained and repaired and may, from the same fund; meet the cost of all improvements to the same which are necessary or expedient for the public safety or convenience.
(2) A Municipality may entrust to any other Municipality or Panchayat with their consent the maintenance of such public street or portion thereof the cost of maintenance being provided by that Municipality.
(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.
(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.
(1) A Municipality may acquire,-
(a) Any land required for the purpose of opening, widening, extending or otherwise improving any public street or of making any new public street and the buildings if any, standing up on such land; and
(b) Any land outside the proposed street alignment, with the buildings, if any, standing thereupon:
Provided that, in any case in which it is decided to acquire any land under clause (b) the owner of such land may retain it by paying to the Municipality an annual sum to be fixed by the Municipality in that behalf or a lumpsum to be fixed by it, not being less than twenty-five times, of such annual sum and subject to such conditions as the Municipality thinks fit as to the removal of the existing building, if any, the description of the new building, if any, to be erected, the period within which, the new building, if any, shall be completed and any other similar matte
The Municipality may-
(a) define for any public street a building line or street alignment or both; and
(b) from time to time define a fresh line in substitution for any line so defined or for any part thereof:
Provided that in either case-
(1) At least one month before the meeting of the Council at which the matter is decided, public notice of the proposal has been given and special notice thereof, has also been put up in the street or part of the street for which such line is proposed to be defined; and
(2) The Council shall consider all objections to the said proposal made in writing and delivered at the office of the Municipality not less than three clear days before the day of such meeting.
(1) No person shall construct any building or portion thereof within a street alignment defined under section 350.
(2) No person shall erect or add to any building between street alignment and building line defined under section 350 except with the permission of the Secretary who may, when granting permission, impose such conditions as the Council lays down for such cases.
(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 provi
The Municipality may, up on such terms as it thinks fit, permit any building to be set forward for the purpose of improving the line of a public street and may, by notice, require any building to be so set forward in the case of reconstruction thereof or of a new construction.
Explanation,-- For the purpose of this section, a wall separating any premises from a public street shall be deemed to be a building; and it shall be deemed to be sufficient compliance with permission or requisition to set forward a building to the street alignment if a wall of such material and dimension as approved by the Secretary is erected along the said line.
(1) A Municipality may prepare schemes and plans of proposed public streets, showing the direction of such streets, the street alignment and building line on each side of them, their intended width and such other details as may appear desirable.
(2) The width of the proposed streets shall not ordinarily be less than thirteen metres, or, in any area covered by huts, seven metres.
(3) It shall be the duty of a Municipality to layout public streets in areas covered by huts, so far as may be practicable both for the purpose of securing proper ventilation for huts in such areas, and in view of the contingency of buildings being erected therein.
(4) Where any plan has been prepared under sub-section (1), the street to which it refers shall be deemed to be a projected public street, and provisions of section 352 shall apply to all buildings, so far as they stand across the street alignment or building line
A Municipality shall, so far as it considers it necessary for public convenience, and so far as funds permit, cause the important public streets 1[to be watered] as it thinks necessary.
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1. Substituted for the words "to be watered and for that purpose may provide such water-carts animals and apparatus" by Act 14 of 1999, w.e.f. 24-3-1999.
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.
No person shall without the permission in writing of the Secretary, displace, take up or make any alteration in the fences, posts, pavements, flags, or other materials of any public street.
Whereby a certificate of 1[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, 2[require by notice, any person by whose direction such weight or traffic has been caused, to pay to the Municipality the amount of such expenses incurred by it]:
Provided that any person from whom expenses are or may be recoverable under this section may enter into an agreement with the Municipality for the payment to it of a compensation in respect of such weight or traffic and thereupon the person so paying shall not be subject to any proceeding under this section.
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Where an owner of any land utilises, sells, leases or otherwise disposes of such land or any portion or portions of the same as sites for the construction of building, he shall, save in such cases as the site or sites may abut on an existing public or private street, lay down and make a street or streets or road or roads giving access to the site or sites and connecting with an existing public or private street.
(1) Any person intending to make or layout a new private street shall send to the office of the Municipality a written application with plans and sections showing the following particulars namely-
(a) The intended level, direction and width of the street;
(b) the street alignment and the building line; and
(c) the arrangements to be made for levelling, paving, metalling, flagging, channelling, sewering, draining, conserving and lighting the streets.
(2) The provisions of this Act and of any rules or bye-laws made thereunder as to the level and width of public streets and the height of building abutting thereon shall apply also in the case of street referred in sub-section (1), and all the particulars referred to in that sub-section shall be subject to approval by the Municipality.
(3) Within sixty days after the receipt of any application under sub-secti
(1) Where any person, makes or lays out any street referred to in section 360 without or otherwise than in conformity with the orders of the Municipality, the Secretary may, whether or not the offender be prosecuted under this Act, by notice;-
(a) require the offender to show cause, by a written statement signed by him and send to the Secretary on or before such date as may be specified in the notice, why such street should not be altered to the satisfaction of the Secretary, or if such alteration be impracticable, why such street should not be demolished; or
(b) require the offender to appear before the Secretary either personally or by a duly authorised agent on such day and at such time and place as may be specified in the notice, and show cause as aforesaid.
(2) Where any person on whom a notice under sub-section (1) is served fails to show sufficient cause to the satisfaction of the Secretary w
(1) Where any private street or part thereof is not levelled, paved, metalled, flagged, channelled, drained, conserved or lighted to the satisfaction of the Secretary, he may, by notice, require the owners or occupiers of building, or lands fronting or abutting on such street or part thereof to carry out any work, which in his opinion may be necessary and within such time as may be specified in such notice.
(2) Where such work is not carried out within the time specified in the notice, the Secretary may, if he thinks fit, execute it and the expenses incurred shall be paid by the owners or occupiers in default according to the frontage of their respective buildings or lands in such proportion as may be settled by the Secretary
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.
No person shall build any wall or erect any fence or other obstruction, or projection, or make any encroachment in or over any street.
All streets vested in or maintained by a Municipality shall be open to all members of the public.
(1) No door, gate, bar or ground floor window shall, without a licence from the Municipality be hung or placed so as to open outwards upon any street.
(2) The Secretary may, by notice, require the owner of such door, gate, bar, or window to alter it so that no part thereof, when open, shall project over the street.
(1) The Secretary may, by notice, require the owner or occupier of any premises to remove or alter any projection. Encroachment or obstruction other than a door, gate, bar or ground floor window situated against or in front of such premises and in or over any street.
(2) Where the owner or occupier of the premises proves that any such projection, encroachment or obstruction has existed for a period sufficient under the law of limitation to give any person a prescriptive title thereto or that it was erected or may with the permission or licence of any authority duly empowered in that behalf, and that the period, if any, for which the permission or licence, is valid has not expired, the Municipality shall make reasonable compensation to every person who suffers damage by the removal or alteration of the same.
(3) Where the Secretary is satisfied that any road or public street including footpath, if any, thereof belonging to
1[ (1) The Municipality may grant a licence, subject to such conditions and restrictions as it may think fit, to the owner or occupier of any premises to cover drains necessary for access to the premises.]
(2) A Municipality, may grant a licence, subject to such conditions and restrictions as it may think fit, for the temporary erection of pandals and other structures in a public street vested in the Municipality or in any other public place the control of which is vested in the Municipality.
(3) A Municipality shall have power to lease roadsides and street margins vested in it for occupations on such terms and conditions and for such period as it may fix.
(4) No licence under sub-section (1) or a lease under sub-section (3) shall be granted if the 2[xx], construction or occupation is likely to be injurious to health or cause public inconvenience or otherwise materially interfe
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.
Without permission of the Secretary,-
(a) no person shall place or deposit upon any public street or upon any open channel, drain, or well in any street or in any public place within a municipal area, any stall, chair, bench, box, ladder, bale or other things so as to form an obstruction or encroachment thereto;
(b) no workshops doing repair work of motor vehicles or motor vehicle parts shall do any repair work or for doing repair work or after doing repair work, park upon public streets near their premises.
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.
Notwithstanding anything contained in this Act, the Secretary may, without notice, cause to be removed-
(a) Any wall, fence, rail, step, booth, or other structure or fixture which is erected or set up in contravention of the provisions of section 369;
(b) Any stall, chair, bench, box, ladder, bale, or any other thing whatsoever, placed or deposited in contravention of section 370;
(c) Any article, whatsoever, hawked or exposed for sale in any public place or in any public street in contravention of section 371 and any vehicle, package, box, board, shelf or any other thing in or on which such article placed or kept for the purpose of sale.
(1) The Secretary shall, during the construction or repair of any street, drain or premises vested in the Municipality-
(a) cause the same to be fenced and guarded;
(b) take proper precautions against accident by shoring up and protecting the adjoining buildings; and
(c) cause such bars, chains or posts to be fixed across or in any street in which any such work is under execution as are necessary to prevent the passage of vehicles or animals and avert danger.
(2) The Secretary shall cause such drain, street or premises to be sufficiently lighted or guarded during the night while under construction or repair.
(3) The Secretary shall, with all reasonable speed, cause to complete the said work, fill in the ground and repair the said drain, street or premises and remove the rubbish occasioned thereby.
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.
(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.
(1) Where any person without the previous sanction of a Municipality occupies any land belonging to it or vested in it or under its control, he shall, from time to time, pay in respect of such occupation such sums by way of penalty as may be demanded by the Municipality, subject to such limits as may be prescribed:
Provided that before demanding any sum under this sub-section the Municipality shall give such person an opportunity to show cause against such demand.
(2) Where any person makes default in the payment of any such amount the Magistrate having jurisdiction over the Municipal area may, on application by the Secretary, recover the same in the same manner as if it were a fine imposed by the Court.
(3) (a) Any person unauthorisedly occupying any land for which he is bound to pay a penalty under sub-section (1) in respect of such occupation, may be summarily evicted by the Secretary and any cr
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.
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.
1[(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.
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1. Sub-section (1) substituted by Act 14 of 1999, w.e.f. 24-3-1999. Prior to the substitution it read as under: "(1) A Municipality shall give names
(1) The Secretary shall cause a number to be affixed to the side or outer door of any building or to some place at the entrance of the premises.
(2) No person shall, without lawful authority, destroy, pull down or deface any such number.
(3) Where a number has been affixed under sub-section (1), the owner of the building shall be bound to maintain such number and to replace it if removed or defaced and if he fails to do so, the Secretary may by notice require him to replace it.
(1) The Government may make rules -
(a) for the regulation or restriction of the use of sites for building; and
(b) for the regulation or restriction of building construction.
(2) Without prejudice to the generality of the powers conferred by clause (a) of sub-section (1), rules made under that clause may provide that-
(a) no insanitary or dangerous site shall be used for building construction; and
(b) no site shall be used for the construction of a building intended for public worship, if the construction thereon will wound the religious feelings of any class of persons.
(3) Without prejudice to the generality of the powers conferred by clause (b) of sub-section (1), rules made under that clause may provide for the following matters:-namely
(a) information and plans to be submitted together with applications
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.
1[xxx]
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1. The proviso omitted by Act 14 of 1999, w.e.f. 24-3-1999. The omitted proviso read as under:
"Provided that the Government may, in respect of all municipal areas or with the consent of the Council in respect of any particular municipal area or portion thereof, exempt all or any of buildings or any class of the buildings from all or any of this provisions of the chapter or the said rules."
(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 o
1[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:
2[Provided that the said limit of three metres shall not be applicable for the construction, subject to the Building Rules, of first floor or second floor or of both upon a building, existing on the date of coming into force of this Act:
Provided further that, any path, bridge or similar constructions used solely for entering into any building or weather shade or sun shade forming part of the building may, subject to the Building Rules, be constructed within the said three metre limit:
Provided also that when the part of the existing building i
A Municipality may require any building intended to be erected at the corner of two streets to be rounded off or splayed off to such height and extend as it may determine, and may acquire, in accordance with the provisions of the Land Acquisition Act, 1894 (Central Act 1 of 1894), such portion of the site at the corner as it may consider necessary for public convenience or amenity.
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.
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.
(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 (1) shall contain such particulars and be prepared in such manner as may be required under the rules or bye-laws made under this Act.
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.
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.
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.
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.
(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.
(1) The grounds on which approval of site for construction or reconstruction of a building or permission to construct or reconstruct a building shall be refused are the following, namely:-
(i) that the work or use of the site for the work or any of the particulars comprised in the site plan, ground plan, elevations, sections or specifications would contravene provisions of any law, or any order, rule, declaration or bye-law made under such law;
(ii) that the application for such permission does not contain the particulars or is not prepared in the manner required by any rule or bye-law made under this Act;
(iii) that any of the documents referred to in section 387 has not been signed as required by rules or bye-laws made under this Act;
(iv) that any information or document required by the Secretary under the rules or bye-laws made under this Act has not been duly furnishe
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.
(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.
1[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
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.
The provisions of section 387, 388, 389, 394, 395 and 396 shall, as far as may be, apply to the digging of a well.
(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.
No person shall begin the construction or reconstruction of a hut without the permission under section 398.
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.
(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.
(1) The grounds on which permission to construct or reconstruct a hut may be refused are the following, namely:-
(i) that the work or use of the site for the work would contravene the provisions of any law or any order, rule, bye-law or declaration made under such law;
(ii) that the application for permission does not contain the particulars or are not prepared in the manner required by any rule or bye-law made under this Act;
(iii) that any information or plan required by the Secretary under the rules or bye-laws made under this Act has not been duly furnished;
(iv) that streets or roads have not been made as required under Section 359; or
(v) that the proposed hut would be an encroachment upon a land belonging to the Government or the Municipality.
(2) No application for permission to construct or reconstruct a hut shall be
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.
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.
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.
(1) Where the Secretary is satisfied-
(i) that the construction, reconstruction or alteration of any building or digging of any well-
(a) has been commenced without obtaining the permission of the Secretary or in contravention of the decision of the Council; or
(b) is being carried on, or has been completed otherwise than in accordance with the plans or specifications on which such permission or decision was based; or
(c) is being carried on, or has been completed in breach of any of the provisions of this Act or any rule or bye-law or order made or issued thereunder or any direction or requisition lawfully given or made under this Act, such rule, bye-law or order; or
(ii) that any alteration required by any notice issued under section 395 has not been duly made; or
(iii) that any alteration of or addition to any building or any
1[(1) Notwithstanding anything contained in this Act, if any person or institution unlawfully, developed any land or constructed any building on 2[or before] 3[31st March, 2013], 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.
(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.
(1) Any building constructed and used, or intended to be constructed and used, exclusively for the purposes of a plant-house, matter house, 1[xx] (not being a dwelling house), or sheds for keeping fuel or firewood for the domestic use of its owner or for keeping agricultural implements, tools, rubbish or other materials or for watching crops or 2[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 3[on such terms as the Council may gene
1[xxx]
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1. Section 410 omitted by Act 14 of 1999, w.e.f. 24-3-1999. The omitted proviso read as under:
"410. Power of Government to grant exemption.--
Notwithstanding anything contained in this Act and the rules made thereunder, the Government may, by order, for reasons to be stated therein, exempt the construction of any building from all or any of the provisions of this Chapter or the rules made thereunder subject to such conditions or restrictions as may be specified in such order:
Provided that while granting exemption, the Government shall have due regard to the right of privacy, the right to light and air and the right of easement of the neighbour and the right of the public in general and the problems of traffic, flood and rain:
Provided further that no such exemption shall b
(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 di
Section 411 of the Kerala Municipality Act, 1994, empowers the Secretary of the local authority to take necessary actions regarding structures deemed dangerous to public safety. This provision is crucial for ensuring public safety and maintaining the integrity of urban infrastructure.
Section 411 outlines the powers of the Secretary to address dangerous structures. It allows the Secretary to issue notices to owners or occupiers to repair, secure, or demolish such structures. In cases of immediate danger, the Secretary can act without prior notice.
The scope of Section 411 extends to all structures within the jurisdiction of the municipality that are considered dangerous. It grants the Secretary significant discretion to act in the interest of public safety, reflecting the urgency of addressing hazardous conditions.
While Section 411 itself does not specify punishments, non-compliance with orders issued under this section may lead to penalties as outlined in other sections of the Kerala Municipality Act.
(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.
(1) Where any tank, pond, well, hole, stream, dam, bank or other place appears to the Secretary to be, for want of sufficient repair, protection or enclosure, dangerous to the passers-by or to persons living in the neighbourhood, the Secretary may by notice, require the owner to fill in, remove, repair, protector enclose the same so as to prevent any danger therefrom.
(2) Where immediate action is necessary, the Secretary shall, before giving such notice or before the period of notice expires, cause to take such temporary measures as he deems fit to prevent danger, and the cost thereof shall be recoverable from the owner in the manner provided in section 538.
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.
(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 rec
(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).
(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 su
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.
(1) The Secretary may, by notice, require the owner or person having control over any private water course, spring, tank, well or other place the water of which is used for drinking, bathing or washing clothes, to keep the same in good repair and to cleanse it of silt, refuse or vegetation and to protect it from pollution by surface drainage in such manner as he may think fit.
(2) Where the water of any place which is used for drinking, bathing or washing clothes, as the case may be, is proved to the satisfaction of the Secretary to be unfit for the said purpose, the Secretary may, by notice, require the owner or person having control thereof to-
(a) refrain from using or permitting the use of such water; or
(b) close or fill in such place or enclose it with a substantial wall or fence.
1[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]
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1. Section 420 substituted by Act 14 of 1999, w.e.f. 24-3-1999. Prior to the substitution it read as under:
"420. Duty of Municipality in respect of public wells or cess pools.--
A Municipality shall maintain in a clean condition all wells, tanks and reservoirs which are not private property, and may fill them in or drain them where it appears necessary to do so."
All wells, tanks and reservoirs maintained by a Municipality shall be open to use and enjoyment by all members of the public.
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.
(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.
(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.
It shall not be lawful for any person to-
1[(a) bathe in or in any other manner defile the water specially kept in any place by the Municipality for by any owner or drinking; or
(aa) defile the water kept for bathing in any manner, or]
(b) deposit any offensive or deleterious matter in the dry bed of any place set apart for drinking purposes; or
(c) wash clothes in any place set apart for drinking or bathing; or
(d) wash any animal or any cooking utensils or wool, skin or other foul or offensive substances or deposit any offensive or deleterious matter in any place set apart for bathing or washing clothes; or
(e) cause or suffer to drain into or upon any place set apart as aforesaid for drinking, bathing or washing clothes or cause or suffer anything to be brought there into or do anything whereby the water may be fouled
Where any building or land, by reason of abandonment, disputed ownership or other cause remains untenanted, and thereby becomes a resort of idle and disorderly persons or where, in the opinion of the Secretary, becomes a nuisance, the Secretary may, after due inquiry, by notice, require the owner or person claiming to be the owner to secure, enclose, clear or cleanse the same within a reasonable time specified in the notice.
The Secretary may, by notice, require the owner or occupier of any building or land which appears to him to be in a filthy or unwholesome state, or over-grown with any thick, noxious or wild vegetation, trees or undergrowth injurious to health or offensive to the neighbourhood, to clear, cleanse or otherwise put the land in proper state or to clear away and remove such vegetation, trees or undergrowth within twenty four hours or such longer period not exceeding forty eight hours and in such manner as may be specified in the notice.
Where it appears to the Secretary that any tree or branch of any tree is likely to be a nuisance to the adjacent houses or wells or tanks, the Secretary may, by notice, require the owner of the said tree to chop, secure or cut down the said tree within such time as may be specified in the notice, which shall not exceed forty-eight hours, so as to prevent the nuisance therefrom.
The Secretary may, by notice, require the owner or occupier of any building or land near a public street to-
(a) fence the same to the satisfaction of the Secretary; or
(b) trim or prune any hedge bordering on the said street so that it may not exceed such height from the level of the adjoining road-ways as the Secretary may determine; or
(c) cut and trim any hedge or tree overhanging the said street and obstructing it or the view of traffic or causing it damage; or
(d) lower an enclosing wall or fence which by reason of its height and situation obstructs the view of the traffic so as to cause danger.
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.
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.
(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
(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 1[subsequent use] of such structure for such purpose after giving the owner or occupier of the structure a reasonable opportunity of showing cause why such order should not be made.
(2) Where a prohibitory order has been issued under sub section (1), the Secretary shall communicate the same to the owner or occupier of the structure and no owner or occupier of such structure shall use or allow to be used for human habitation until the Secretary certifies in writing that the causes rendering it unfit for human habitation have been removed to his satisfaction.
(3) Where a prohibitory order issued under sub section (1) has remained in operation for one month, the Secretary shall report the case to the Council, which shall, thereupon, consider whether the
(1) Where it appears to the Secretary that any dwelling house or other building which is used as a dwelling place, or any room in such dwelling house or building is so overcrowded as to endanger the health of the inmates thereof, he may, with the approval of the Standing Committee concerned, by written order, require the owner of the building or room within a reasonable time not exceeding four weeks to be specified in the said order, to abate such over crowding by reducing the number of lodgers, tenants or other inmates of the building or room, or may pass such other order as he may deem just and proper to abate such overcrowding.
(2) A Municipality may, by written order declare what amount of superficial and cubic space shall be deemed for the purposes of the sub section (1) to be necessary for each occupant of a building or room.
(3) Where any building or room referred to in sub-section (1) has been sub-let, the landlor
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.
No person shall keep any animal on his premises so as to cause nuisance or danger to any person in the neighbourhood.
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.
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.
(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
(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.
Legal Comments- Section - 440 - Purpose: Prohibition or abatement of nuisance; measures for abatement of nuisance. [SUSAMMA LUKE VS CORPORATION OF KOLLAM]- Essential Element: Section 440 empowers authorities to take steps to abate nuisance affecting public health and sanitation. [Platinum Tower Apartment Owners Association, Represented by its Secretary, John Joseph VS Thrikkakara Municipality, Represented by its Secretary]- Scope - Nuisance Abatement: Applies to obstructions or nuisances in drains, watercourses, streets or public places impacting public health or safety. [SUSAMMA LUKE VS CORPORATION OF KOLLAM], [Platinum Tower Apartment Owners Association, Represented by its Secretary, John Joseph VS Thrikkakara Municipality, Represented by its Secretary]- Owner/Occupier Liability: Owners or occupants cannot permit nuisances (e.g., obstruction in drains or polluted effluent); Municipality may direct abatement. [Platinum Tower Apartment Owners Association, Represented by its Secretary, John Joseph VS Thrikkakara Municipality, Represented by its Secretary]- Jurisdictional Authority: Secretary/municipal authorities have power under Act to issue directions for nuisance abatement within their jurisdiction. [Platinum Tower Apartment Owners Association, Represented by its Secretary, John Joseph VS Thrikkakara Municipality, Represented by its Secretary], [SUSAMMA LUKE VS CORPORATION OF KOLLAM]- Interplay with other Provisions: Section 440 intersects with drainage, water management and public health provisions; complements 315, 413, 417 in drainage-related matters. [K. MURALEEDHARAN, VICE CHAIRMAN, TALIPARAMBA MUNICIPALITY, TALIPARAMBA VS STATE OF KERALA], [SUSAMMA LUKE VS CORPORATION OF KOLLAM]- Natural Justice: Abatement actions must respect principles of natural justice; improper or arbitrary directions may be challenged. [P. Sivakumar VS Chalakudy Municipality, Rep. by its Secretary]- Procedure - Notice and Opportunity: Authorities should follow due process before directing abatement; failure may render order susceptible to challenge. [Platinum Tower Apartment Owners Association, Represented by its Secretary, John Joseph VS Thrikkakara Municipality, Represented by its Secretary]- Remedies - Judicial Review: Writs or petitions may be filed to challenge abatement orders if abuse of power or procedural defects are evident. [P. Sivakumar VS Chalakudy Municipality, Rep. by its Secretary]- Relationship to Public Interest: Abatement of nuisance is framed as a public interest function, balancing property rights with community health. [SUSAMMA LUKE VS CORPORATION OF KOLLAM]- Penalties/Punishment: Section 440 itself does not prescribe penalties; enforcement via orders for abatement, with potential consequential proceedings under general penalties provisions if non-compliance arises. [SUSAMMA LUKE VS CORPORATION OF KOLLAM]- Interaction with Building Rules: Where nuisance arises from construction or encroachment, Section 440 actions may supplement building/land-use controls under 406, 315, 413, 417. [SHAMMI THILAKAN VS N. SHEELA], [K. MURALEEDHARAN, VICE CHAIRMAN, TALIPARAMBA MUNICIPALITY, TALIPARAMBA VS STATE OF KERALA]- Evidence Considerations: Courts consider whether the obstruction or nuisance constitutes a public nuisance; evidence of impact on public health is central. [K. MURALEEDHARAN, VICE CHAIRMAN, TALIPARAMBA MUNICIPALITY, TALIPARAMBA VS STATE OF KERALA]- Scope Limitation: Section 440 is not a blanket power to halt all activities; it targets nuisance and abatement measures necessary for public welfare. [P. Sivakumar VS Chalakudy Municipality, Rep. by its Secretary]- Procedural Safeguards: The invoking authority must justify necessity and non-arbitrary approach to abatement measures. [Platinum Tower Apartment Owners Association, Represented by its Secretary, John Joseph VS Thrikkakara Municipality, Represented by its Secretary]- Interdepartmental Coordination: Abatement may involve drainage, sanitation, and environmental hygiene roles of Municipality under Sections such as 30, 30A, and 440. [Shyla Daniel D/o. Late Daniel Zachariah Vs State Of Kerala,], [Platinum Tower Apartment Owners Association, Represented by its Secretary, John Joseph VS Thrikkakara Municipality, Represented by its Secretary]- Precedent Value: Courts have upheld Secretary’s orders under 440 where nuisance, waterlogging, or obstruction caused public nuisance; orders are sustained if legally grounded. [SUSAMMA LUKE VS CORPORATION OF KOLLAM]- Limitations: If a private property modification or dispute over drainage ownership arises, courts may scrutinize authority’s action and ownership claims; Sections 315, 413, 417 guide related powers. [K. MURALEEDHARAN, VICE CHAIRMAN, TALIPARAMBA MUNICIPALITY, TALIPARAMBA VS STATE OF KERALA]- Related Statutes: Part of broader framework including Kerala Municipality Act provisions on drainage, watercourses, and master plans; 440 functions within this regulatory matrix. [Shyla Daniel D/o. Late Daniel Zachariah Vs State Of Kerala,], [Boban Thomas, S/o. Joseph Thomas VS Kottayam Municipality]
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.
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.
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.
(1) The owner or occupier of any stable, veterinary, infirmity, stand, shed, yard or other place in which quadrupeds are kept or taken in for purposes of profit, shall, in the first month of every year, or in the case of a place to be newly opened, within one month before the opening of such place, apply to the Secretary for a licence for the use of the same for any such purpose of profit.
(2) The Secretary may, by order and subject to such restrictions and regulations as he thinks fit, grant or refuse to grant such licence.
(3) No person shall without or otherwise than in conformity with a licence, use any place for such a purpose.
(1) All stables, cattle sheds and cow houses shall be under the survey and control of the Secretary as regards their site, construction, materials and dimensions.
(2) The Secretary may, by notice, require that any stable, cattle shed or cow-house be altered, paved, drained, repaired, disinfected or kept in such a state as to admit of its being sufficiently cleaned or be supplied with water, or be connected with a sewer or be demolished.
(3) Every notice under sub-section (2) shall be addressed to the owner of the building or land in which the stable, cattle shed or cow house is located.
(4) The expense of executing any work in pursuance of any such notice shall be borne by the said owner.
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.
(1) A Municipality may notify by publication in the Gazette or in any other manner as may be prescribed that no place within the Municipal area shall be used for any one or more of the purposes specified 1[in the rules made in this behalf] or for any other trade without a licence and except in accordance with the conditions specified therein and where the licence is for running hostels, restaurants, eating houses, coffee houses, Abkari shop, laundries, travel agency or barber saloons, the licence shall always contain and be deemed to contain a condition that admission or service therein shall be available to any member of the public:
Provided that no notification under this sub-section shall take effect before the expiry of sixty days from the date of its publication.
(2) The owner or occupier of every such place shall within thirty days of the publication of the notification apply to the Secretary for a licen
Section 447 of the Kerala Municipality Act, 1994, is a key provision governing the requirement of licenses for various trades, businesses, and establishments within municipal limits. It aims to regulate and control activities that may affect public order, health, morality, or convenience, by mandating licensing and associated procedures.
Section 447 mandates that no person shall carry on certain trades, businesses, or uses of premises without obtaining a license from the municipal authority. It specifies the types of activities that require licensing, the process of application, and the conditions for grant or refusal of such licenses. The section also provides for deemed licenses under certain circumstances, and the power of authorities to impose conditions, penalties, or to revoke licenses.
Note: This commentary synthesizes legal principles, judicial interpretations, and statutory provisions from the provided sources to offer a comprehensive understanding of Section 447 of the Kerala Municipality Act, 1994.
1[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.]
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1. Section 447A inserted by Act 14 of 1999, w.e.f. 24-3-1999.
(1) Every person intending-
(a) to construct or establish any factory, workshop or work place in which it is proposed to employ steam power, water power or other mechanical power or electrical power or, any other factory which does not employ any such power; or
(b) to install in any premises any machinery or manufacturing plants driven by steam, water or other power not being machinery or manufacturing plant 1[exempted by this Act or the rules made thereunder] shall,
before beginning such construction or establishment make 2[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 -
1[ (1) Where any factory, workshops, workplace or machinery causes nuisance, which in the opinion of the Council, is by reason of a particular kind of fuel being used or by reason of the noise or vibration created, or discharge of poisonous gas or emission, of foul odour or smoke or dust, the Secretary may direct the person in charge of such factory or workshop or workplace or machinery for the abatement of such nuisance within a reasonable time.
(2) The Council may, if required, obtain expert opinion regarding the assessment of nuisance or its abatement at the cost of the owner of the concerned factory or workshop or workplace or the person in charge of them.
(3) If there is a wilful default in the implementation of such direction or in the existing circumstances the abatement of nuisance is found impracticable, the Secretary may prohibit the working of the factory or workshop or workplace or machinery until n
1[ 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 Electrici
(1) The Secretary or any person authorised by him in this behalf may enter any factory or workshop or workplace-(a) at any time between sunrise and sunset;
(b) at any time when an industry is being carried on; and
(c) at any time by day or by night, if he has reason to believe that the provisions under section 448 or section 449 are being violated.
(2) No claim shall lie against any person for any damage or inconvenience caused by the exercise of power under this section or by the use of any force necessary for the purpose of effecting an entrance under this section.
(1) Every Municipality shall provide sufficient number of places for the use as municipal slaughter houses and may charge rents and fees at such rates as it may think fit for use thereof. But, if any complaint is received regarding the conduct of such slaughter houses from nearby residents, steps shall be taken to start such slaughter houses only after examining such complaints in detail.
(2) The Municipality may-
(a) place such slaughter houses under the management of such persons as may appear to it proper for the collection of such rents and fees, or.
(b) farm out such collection on such terms and conditions as it may think fit for any period not exceeding three years at a time.
1[(3) The Municipality shall make necessary arrangements for maintaining the municipal slaughter houses in a hygienic manner and for the disposal of waste.]
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(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.
1[(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.]
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1. Sub-section (3) added by Act 14 of 1999, w.e.f. 24-3-1999.
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.
(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.
(1) No person shall without or otherwise than in conformity with a licence from the Secretary-(a) carry on within a municipal area the trade or business of a dealer in or importer or seller or hawker of milk or dairy produce;
(b) use any place in a municipal area for the sale of milk or dairy produce: Provided that no such licence shall be granted to any person who is suffering from a dangerous disease.
(2) The licence under sub-section (1) may be granted on such conditions as the Secretary may deem necessary which may extend to the construction, ventilation, conservancy, supervision and inspection of the premises, within the municipal area where the animals from which the milk supply is derived are kept or for reasons to be recorded in writing be refused.
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.
(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,
1[(c) fees on goods for sale brought to such markets on vehicles or pack animals or by head load;]
(d) fees on animals brought for sale into or sold in such markets, and
(e) licence fees on brokers, commission agents, weighmen and measures pra
(1) No person shall, without the permission of the Secretary or, if the collection of fees have been farmed out, of the farmer, sell or expose for sale any animal or article within any public market.
(2) The Secretary may expel from any public market any person who or whose servant has been convicted for disobeying any bye-law, for the time being in force in such market and may prevent such person from further carrying on by himself or his servants or agents any trade or business in such market or occupying any shop, stall, or other place therein and may determine any lease or tenure which such person may posses in any such shop, stall or place.
(1) No person shall open a new private market or continue to keep open a private market except on a licence from the Municipality.
(2) Application for a licence under sub-section (1) shall be made by the owner of the place in respect of which the licence is sought to be renewed, not less than six weeks before the expiry of the period for which the licence has been granted and in the case of a new market, six weeks before the date on which the market is proposed to be opened.
(3) The Municipality shall, as regards private markets already established and may, at its direction as regards new private markets grant the licence applied for subject to such regulations as to supervision and inspection and to such conditions as to sanitation, drainage, water supply, width of paths and ways, weights and measures to be used, and rents and fees to be charged in such market as it may think proper or it may, for reasons to be recorded
Where a licence granted under section 460 permits the levy of any fees of the nature specified in sub-section (2) of section 458, a fee not exceeding 33 1/3 per cent of the gross income of the owner from the market in the preceding year shall be charged by a Municipality for such licence;
Provided that-
(i) in the case of a market which was in existence only for a portion of the preceding year, the gross income of the owner from the market for the preceding years shall be deemed to be an amount which bears to the income of the portion of the year the same proportion as the whole year bears to the portion of the preceding year during which the market was in existence.
(ii) in the case of a new market, the licence fees fixed by a Municipality shall not be less than-
(a) fifty rupees where the area of the market is not more than ten ares;
(b) hundred rupe
No person shall sell or expose for sale any animal or article in any unlicensed private market.
A Municipality may, by notice, require the owner, occupier or farmer of any private market to-
(a) construct approaches, entrances, passages gates, drains and cess pits for such market and provide it with latrines of such description and in such position and number as the Municipality may think fit.
(b) roof and pave the whole or any portion of it or pave any portion of the floor with such materials as will in the opinion of the Municipality secure imperviousness and ready cleansing;
(c) ventilate it properly and provide it with supply of water.
(d) provide passages of sufficient width between the stalls and make such alterations in the stalls, passages, shops, doors or other parts of the markets as the Municipality may direct; and
(e) keep it in a cleanly and proper state and remove all filth and refuse therefrom.
(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.
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.
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.
(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.
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.
(1) No person shall without or otherwise than in conformity with a licence from a Municipality 1[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 2[preserved fish or flesh kept in airtight and scaled containers].
(2) The Secretary may, by order and subject to such restrictions as to supervision and inspection as he thinks fit, grant or refuse to grant such licence.
(3) No person shall exhibit or expose to public view for sale or otherwise, the carcasses or animal or bird (whether dressed or not) in any licensed premises or in any other place in such a manner as to cause annoyance or offence to the sense of sight of the public.
(4) Every l
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 K
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.
(1) A Municipality may, subject to such 1[guidelines] as the Government may issue in this behalf, construct or provide public landing places, halting places and cart stands and may levy fees for the use of the same.
(2) The Municipality may-
(a) place the collection of any such fees under the management of such person as may appear to it to be proper; or
(b) farm out the collection of any such fees for any period not exceeding three years at a time and on such terms and conditions as it may think fit.
(3) A statement in English and the language of the locality, showing the fees fixed by the Municipality for the use of such place, shall be put up in a conspicuous part thereof.
Explanation.--A cart stand shall, for the purposes of this Act, include a 2[bus stand, taxi stand, autorickshaw stand, lorry stand and stand for other vehicles
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.
(1) Where the fee leviable under sub-section (1) of section 472 in respect of a vehicle or animal is not paid on demand, the person appointed to collect such fee may seize and detain such portion of the appurtenances or load of such vehicle or animal as well, in his opinion, suffice to defray the amount due or in the absence of any such appurtenances or load or in the event of the value being insufficient to defray the amount due, may seize and detain the vehicle or animal.
(2) Any property seized under sub-section (1) shall be sent within twenty four hours to the Secretary or to such person as he may authorise to receive and sell such property and the Secretary or such person shall forthwith give notice to the proprietor of the property seized or, where the proprietor is not known or is not a resident of the municipal area, to the person who was in charge of the said property at the time when it was seized or, where such person cannot be found
(1) No person shall open a new private cart-stand or continue to keep open a private cart-stand without a licence from the Municipality.
(2) An application for a licence under sub-section (1) shall be made by the owner of the place in respect of which the licence is sought, no less than six weeks before such place is proposed to be opened as a cart-stand.
(3) The Municipality shall, as regards private cart-stands already lawfully established and may, at its discretion, as regards new private cart-stands, grant the licence applied for, subject to such regulations as to supervision and inspection and to such conditions as to conservancy as it may think proper, or it may, for reasons to be recorded in writing, refuse to grant any such licence for any new private cart-stand. The Municipality may, however, at any time modify the conditions of a licence to take effect from any specified date or suspend or cancel any licence gra
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.
(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 h
No person shall, in any manner whatsoever, prevent the Secretary or any person authorised by him from exercising the powers under section 477.
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.
No person shall remove or in any way interfere with an animal or article secured under section 479.
(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.
(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 contain
(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.
(1) No new place for the disposal of the dead, whether public or private, shall be opened, formed, constructed or used except on a licence from the Municipality.
(2) An application for a licence under sub-section (1) shall be accompanied by a plan of the place to be registered showing the locality, boundary and extent thereof, the name of the owner or person or community interested therein, the system of management and such further particulars as the Municipality may require.
1[(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
1[(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) W
1[ 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.]
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1. Section 485A inserted by Act 14 of 1999, w.e.f. 24-3-1999.
(1) A register shall be kept at the office of the Municipality in which the places registered, licensed, or provided under sections 483, 484 and 485 and all such places registered, licensed or provided before the commencement of this Act shall be recorded, and the plans of such places shall be filed in such office.
(2) A notice that such place has been registered, licensed or provided as aforesaid shall be affixed in English and in the language of the locality to some conspicuous places at or near the entrance to the burial ground or other place as aforesaid.
(3) No person shall bury, burn or otherwise dispose of any corpses except in a place which has been registered, licensed or provided as aforesaid:
Provided however that the Secretary may permit any burial or burning in private ground in individual cases.
1[Provided further that the Secretary shall not give an
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.
(1) Where a Municipality is satisfied that--
(a) any registered or licensed place for the disposal of the dead is in such a state or situation as to be or likely to become harmful to the health of persons living in the neighbourhood thereof; or
(b) any burial ground is overcrowded with graves and if in the case of a public burial or burning ground or other place as aforesaid, another convenient place duly authorised for the disposal of the dead exists or has been provided for the persons who would ordinarily make use of such place, it may, with the previous sanction of the Government, give notice that it shall not be lawful after a period to be specified in such notice to bury, burn or otherwise dispose of any corpse at such place.
(2) Every notice given under sub-section (1) shall be published in the Gazette and in such other manner as may be prescribed.
(3) After the expiry
(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
1[x x x]
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1. Section 490 omitted by Act 14 of 1999, w.e.f. 24-3-1999. The omitted Section 490 read as under:
"490. Grave digger's licence.--
No person shall be a grave digger or other attendant at a public place for the disposal of the dead (other than a place provided by the Government) unless he has been licensed in that behalf by the Municipality and such licence may be withdrawn or cancelled at the discretion of the Municipality."
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.
(1) Every licence and permission granted under this Act or any rule or bye-law made thereunder shall specify the period, if any, for which, and the restrictions, limitations and conditions, subject to which, the same is granted and shall be signed by the Secretary.
(2) Every licence issued by the Secretary shall specify the person to whom, the premises in respect of which, and the trade or business or undertaking for which the licence is granted and for any change in the person, the premises or the business, trade, or undertaking, a fresh licence or permission shall be taken with or without payment of further fee as the Municipality may fix.
(3) Where any person intending to obtain a licence or permission for the first time and where the applicant is a person other than the owner of the premises in question, he shall, along with the application produce the written consent of the owner of the premises and the period of the
1[ 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.]
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1. Section 493 substituted by Act 14 of 1999, w.e.f. 24-3-1999. Prior to substitution it read as under:
"493. Compulsory registration of vital statistics.--
(1) Every Municipality shall register all births and deaths occurring in the Municipal area.
(2) Information of births and deaths shall be given and their registration shall be made and enforced in the prescribed manner."
(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. 1[x x x]
(3) The Secretary may direct the compulsory communication of information by the owner or occupier of every house within the municipal area during such period to such officer as the Secretary may specify of all details from or occurrence of, dangerous diseases in his house.
Explanation.--In this section, medical practitioner shall include a practitioner of ayurveda medicine, sidha medicine, unani, tibbi medicine or homeopathic medicine.
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1.
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.
(1) Where the Secretary or the health officer is of opinion that the cleansing or disinfection of any premises or part thereof, or of any article therein is likely to retain infection, will tend to prevent or check the spread of any dangerous disease, he may, by notice require the occupier to cleanse or disinfect the same in the manner and within the time as may be specified in such notice.
(2) Where the Secretary or the health officer considers that immediate action is necessary, or that the occupier is, by reason of poverty or otherwise, unable effectually to comply with his requisition, the Secretary or the health officer may, without notice cause the premises or the articles to be cleansed or disinfected and for this purpose may cause such article to be removed from the premises, and the expenses incurred by the Secretary or the health officer shall be recoverable from the said occupier in cases in which he was in the opinion of the Secreta
(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).
No person shall, without previously disinfecting it, give, lend, let, hire, sell, transmit or otherwise dispose of any article which he knows or has reason to believe has been exposed to infection from any dangerous disease:
Provided that nothing in this section shall apply to a person who transmits with proper precautions any article for the purpose of having it disinfected.
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.
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.
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.
(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.
No person shall let or sub-let or for that purpose allow any person to enter a building or any part thereof in which he knows or has reason to believe that a person has been suffering from any dangerous disease until the health officer has granted a certificate that such a building may be reoccupied.
Explanation.--For the purpose of this section the keeper of a hotel or lodging house shall be deemed to let the same or part of the same to any person accommodated therein.
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.
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.
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.
(1) On or after the commencement of this Act, no tutorial institution shall be established within a Municipal area without prior registration obtained from that Municipality:
Provided that in the case of an existing tutorial institution in a Municipal area on the date of this Act has come into force, if an application is filed under sub-section (2) for registration within1[the period prescribed], it shall be deemed that such institution is registered under this Act.
(2) Every application filed for registration or for renewal of registration of a tutorial institution shall contain such details and shall be accompanied by such fees as prescribed.
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1. Substituted by Act 14 of 1999, w.e.f. 24-3-1999.
Any person who establishes or maintains a tutorial institution, without registration, in contravention of the provisions of this Act shall on conviction be punished with fine which may extend to one thousand rupees.
1[ (1) An appeal may be preferred to the Council against any notice issued or any order passed or action taken by the Chairperson or the Secretary under any of the provisions of this Act other than Sections 390, 391, 395, 406 and 408 or the rules or bye-laws or regulations made thereunder.
(2) An appeal against any notice or order of the Secretary on the levy of tax, may be preferred to the Standing Committee for Finance in the case of Town Panchayat or Municipal Council and to the Standing Committee for appeals on taxation in the case of Municipal Corporation.
(3) Pending decision on an appeal filed under sub-section (1) the Chairperson may, if an application is made, stay the operation of the notice, order or other proceedings on which the appeal is based.
(4) Every case in which an order has been passed under sub-section (3) shall be reported to the Council at its next ordinary meeting
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.
(1) Whoever-
(a) contravenes any provision of this Act or the sections specified in column (1) of the Fourth Schedule; or
(b) contravenes any order made under any section specified in the said schedule; or rule thereunder;
(c) fails to comply with any direction lawfully given to him or any requisition lawfully made upon him under or in pursuance of the provisions of any of the said sections or rules, shall, on conviction, be punished with fine which may extend to the amount specified against each item 1[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 or
(1) Whoever acts as a Councillor of a Municipality knowing that under this Act or the Rules made thereunder he is not entitled or has ceased to be entitled to hold such office shall, on conviction, be punished with fine not exceeding 1[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 2[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 suc
Where any officer or servant of a Municipality knowingly acquires directly or indirectly by himself or by a partner or employer or servant, any personal share or interest in any contract or employment with, by or on behalf of the Municipality he shall be deemed to have committed an offence under section 168 of the Indian Penal Code, 1860 (Central Act 45 of 1860):
Provided that no person shall, by reason-of being a shareholder in or member of any company, be held to be interested in any contract entered into between such company and the Municipality unless he is a director of such company:
Provided further that nothing in this section shall apply to a teacher, employed by a Municipality who, with the sanction of the Government enters into a contract with the Municipality with regard to the utilisation, for the purpose of a school, of any land or building owned by him or in which he has a share or interest.
(1) Every owner or person in charge of any animal liable to tax under section 260, who omits to obtain a licence, shall, on conviction be punished with fine not exceeding fifty rupees and shall also pay the amount of the tax payable by him in respect of such animal.
(2) On payment of such fine and tax and of such costs as may be awarded, such owner or person shall, receive a licence for the animal in respect of which he has been fined and for the period during which he has been found to be in default.
(3) The provisions of this section shall apply to any person who having compounded for the payment of certain sum under section 263 fails to pay such sum, and the amount due for a licence shall, in such case, be taken as the amount so compounded for.
1[(1) Where the construction or reconstruction of any building or digging of any well-(a) is commenced without the permission of the Secretary; or
(b) is carried on or completed otherwise than in accordance with the particulars on which such permission was based; or
(c) is carried on or completed in contravention of any lawful order or in breach of any provision contained in this Act or in any rule or bye-law made thereunder or of any direction or requisition lawfully given or made; or
(d) about which any, alteration or addition required by any notice issued under section 395 or section 405 is not duly made; or
(e) about which any person to whom a direction if any, given by the Secretary under section 406 fails to obey such direction,
the owner of the building or the well or such person, as the case may be, shall be liable, on conviction to a
Every person who prevents the Secretary or any person to whom the Secretary has delegated his powers, for entering on any land or building, from exercising his power of entering there shall be deemed to have committed an offence under Section 341 of the Indian Penal Code, 1860 (Central Act 45 of 1860).
Where any person who is required by the provisions of this Act or the rules made thereunder or by any notice or other proceedings issued under this Act to furnish any information-
(a) omits to furnish it; or
(b) knowingly or negligently furnishes false information, such person shall be liable to a fine not, exceeding 1[five hundred rupees].
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1. Substituted for the words "one hundred rupees" by Act 14 of 1999, w.e.f. 24-3-1999.
1[ For the purpose of this Chapter,--
(a) "Information" means any material or information contained in a document relating to the administrative, developmental or regulatory functions of a Municipality and includes any document or record relating to the affairs of the Municipality;
(b) "right to information" means the right of access to information and includes the right for taking extracts or obtaining certified copy of any document;
(c) "notified document" means any document of the Municipality notified by the Government under sub-section (2) of section 517B.
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1. Chapter XXIV A inserted by Act 14 of 1999, w.e.f. 24-3-1999. Chapter XXIV A contains Sections 517 A to 517E
(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.
(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.
(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
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.]
Every inspecting or superintending officer holding any enquiry into matters falling within the scope of their duties shall have, for the purposes of such enquiry, the same powers in regard to the issue of summonses for the attendance of witnesses and the production of documents as are conferred upon the revenue officers by the Kerala Enquiries and Summonses Act, 1960 (4 of 1960) and the provisions of that Act shall apply to summonses issued and to persons summoned by virtue of the powers conferred by this section.
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.
All notices and permission given, issued or granted, as the case may be, under the provisions of this Act shall be in writing.
(1) Every licence, permission, notice, bill, schedule, summons or other document which is required by his Act or any rule, bye-law or regulation made thereunder to bear the signature of the Chairperson or the Secretary or of any officer of the Municipality shall be deemed to be properly signed if it bears a fascimile of the signature of the Chairperson or the Secretary or of such officer, as the case may be stamped thereon.
(2) Nothing in sub-section (1) shall be deemed to apply to a cheque drawn upon the municipal fund or to any deed of contract entered into by the Municipality.
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.
1[(1) Every bye-law, order, notice or other document directed to be published under this Act shall, unless a different method be specified by this Act or by the Municipality, be written in or translated into the language of the locality and deposited at the office of the Municipality and a copy shall be pasted up in a conspicuous position at such office and such other places as the Council may direct and a publicity that such copy has been so pasted up and that the original is open to inspection at the office of the Municipality shall be made in the municipal area in such manner as the Council may direct.
1[(2) Every bye-law, order, notice or other document referred to under sub-section (1) shall after its publication, be reported to each Ward Committee or Ward Sabha, as the case may be, in its next meeting by the Convenor.]
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1. Section 523 r
Where the Municipality has set apart any place for any purpose authorised by this Act or has prohibited the doing of anything in any place, the Secretary shall, forthwith, cause to be put up a notice in English and in the language of the locality at or near such place and such notice shall specify the purpose for which such place has been set apart or the act prohibited in such place.
(1) Where any notice or other document is required by this Act or any rule, bye-law, regulation or order made thereunder to be served on, or sent to, any person, the service or sending thereof may be effected-
(a) by giving or tendering the said document to such person; or
(b) if such person is not found, by leaving such document at his last known place of abode or business or by giving or tendering the same to some adult member or servant of his family; or
(c) if such person's address elsewhere is known to the Secretary, by sending the same to him by registered post; or
(d) if none of the means aforesaid be available, by affixing the same in some conspicuous part of such last known place of abode or business.
(2) Where the person is an owner or occupier of any building or land, it shall not be necessary to name the owner or occupier in the document, and
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.
(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.
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.
The Secretary or any person authorised by him in this behalf may enter on any building or land, with or without assistants or workmen, to make any inquiry, inspection, test, examination, survey, measurement or valuation or for the purpose of lawfully placing or removing pipes or metres or to execute any other work authorised under this Act or any rule, bye-law, regulation or order made thereunder or which it is necessary for any of the purposes of this Act or in pursuance of any of the said provisions, to make or execute:
Provided that-
(a) except as otherwise expressly provided under this Act, no such entry shall be made between sunset and sunrise, no dwelling house and no part of a public building used as a dwelling place shall be so entered without the consent of the occupier thereof, unless the said occupier has received at least six hours previous notice of the intention to make such entry;
(b
(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 afte
1[ (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.]
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1. Section 530A inserted by Act 14 of 1999, w.e.f. 24-3-1999.
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.
(1) Where, under this Act or any rule, bye-law or regulation made thereunder, the licence or permission of the Municipality or the Secretary of registration with the Municipality is necessary for the doing of any act and where such act is done without such licence or permission or registration or in a manner inconsistent with the terms of any such licence or permission-
(a) the Secretary may, by notice, require the person doing such act to alter, remove, or as far as practicable, restore, to its original state the whole or any part of any property, movable or immovable, public or private affected thereby within a time to be specified in the notice; or
(b) the Secretary or any officer duly authorised by him may enter any building or land where such act is done and take all such steps as may be necessary to prevent the continuance of such act.
(2) Where the notice under sub-section (1) is not complied
(1) Where by any notice, requisition or order under this Act, or any rule, bye-law or regulation made thereunder, any person is required to execute any work or to take any measures or do anything, a reasonable time shall be specified in such notice, requisition or order within which the work shall be executed, the measures taken or the thing done.
(2) Where such notice, requisition or order is not complied with, within the time so specified, the Secretary may cause such work to be executed or may take any measures or do anything which may, in his opinion, is necessary for giving due effect to such notice, requisition or order.
(3) Where no penalty has been specifically provided, in this Act for failure to comply with such notice, requisition or order, such person shall, on conviction, be liable to a fine not exceeding 1[five hundred rupees] for such offence.
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(1) The Secretary may, recover any reasonable expenses incurred under section 533 from the persons or anyone of such persons to whom a notice, requisition or order was addressed, and may, in executing the work or taking the measures or doing the acts under the said section utilise, any materials found on the property concerned or may sell them and apply the sale proceeds in or towards the payment of the expenses incurred.
(2) Where the person to whom a notice is given is the owner of the property in respect of which it is given, the Secretary may (whether any action or other proceeding has been brought or taken against such owner or not) require the person, if any, who occupies such property, or any part thereof under the owner, to pay to the Municipality instead of to the owner, the rent payable by him in respect of such property, as it falls due upto the amount recoverable from the owner under sub-section (1) or to such smaller amount as the
(1) Where any person by reason of his receiving the rent of immovable property as agent, trustee, guardian, manager or receiver or of his being agent, trustee, guardian, manager or receiver for the person who would receive the rent if the property were let to a tenant would under this Act, be bound to discharge any obligation imposed by this Act or rule, bye-law, regulation or order made thereunder on the owner of the property and for the discharge of which money is required, he shall not be bound to discharge the obligation unless he has, or but for his own improper act or default, might have had in his hands, funds belonging to the owner sufficient for the purpose.
(2) The burden of proving the facts entitling a person to relief under this section shall lie on such person.
(3) Where any person has claimed and established his right to relief under sub-section (1) the Secretary may give him notice to apply the money first
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 1[twelve percentage] per annum within a period of not more than five years.
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1. Substituted for the words "six per cent" by Act 14 1999, w.e.f. 24-3-1999.
In any case, not otherwise expressly provided for in this Act the Secretary may, with the approval of the Council, pay compensation to any person who sustains damage by reason of the exercise by any municipal authority, officer or employee of any of the powers vested in them by this Act or any other law, or by any rule, bye-law or regulation made thereunder.
1[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.]
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1. Proviso added by Act 14 of 1999, w.e.f. 24-3-1999.
(1) All costs, damages, penalties, compensation, charges, fees (other than school fees), expenses, rents, contributions and other sums which under this Act or any other law or rules or bye-laws made thereunder or under any contract made in accordance with the provisions of this Act, the rules or bye-laws thereunder are due by any person to the Municipality may, in the absence of any specific provisions in this Act for their recovery, be demanded by bill as provided in the rules and be recovered in the manner provided therein.
(2) Notwithstanding anything contained in this Act, any sum found legally due by any person to the Municipality under the provisions of this Act, the rules or bye-laws made thereunder, if not paid on the due date shall 1[x x x] be recovered together with 2[penalty at the rate of one per cent per mensum] from the date from which it was due:
Provided that any sum due and payable
1[ All sums due by any person to the Municipality or to be recovered by the Municipality and allied charges or the expenses incurred, under the development scheme, shall be recovered as if arrears of revenue due on land, under the provisions of the Kerala Revenue Recovery Act, 1968 (15 of 1968), for the time being in force, without prejudice to any other manner of recovery.]damages which is not disputed or damages which have already been quantified in an appropriate manner by an independent authority. Where the damages are disputed the same has to be determined by adjudication by an independent authority and not by one of the parties to the contract itself. -Ammini Amma v. Vaikom Municipality - 1988 (1) KLT 384.
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1. Section 538A inserted by Act 30 of 2009, w.e.f. 7-10-2009, published in K.G.Ex. No. 1844, dt. 7-10-2009.
(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,
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.
No person shall be tried for any offence against the provisions of this Act or if any rule, bye-law or regulation made thereunder, unless a complaint is made by the police, or Secretary or by a person authorised in this behalf by the Council or the Secretary 1[within twelve months] of the commission of the offence. But nothing herein shall affect the provisions of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974) in regard to the power of certain Magistrates to take cognizance of offences upon information received or upon their own knowledge or suspicion:
Provided that failure to take out a licence, obtain permission or secure registration under this Act shall, for the purpose of this section, be deemed a continuing offence until the expiration of the period, if any, for which the licence, permission or registration is required and, if no period is specified, complaint may be made at any time 2[within eighteen
(1) Where any fine or costs imposed or assessed by a Magistrate under this Act or any rule or bye-law made thereunder has not been paid, the Magistrate may, subject to the provisions of section 64 to 70 (both inclusive) of the Indian Penal Code, 1860 (Central Act 45 of 1860) order the offender to be imprisoned in default of such payment.
(2) Any fine or costs imposed or assessed by a Magistrate under sub-section (1) shall be recoverable by such Magistrate under the Code of Criminal Procedure, 1973 (Central Act 2 of 1974) as if it were a fine imposed by him and the same shall on recovery be paid to the Municipality.
(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 therefo
(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 deeme
The Secretary may-
(a) institute, or withdraw from proceeding against any person who commits-
(i) any offence against the provisions of this Act, or the rules, bye-laws or regulation made thereunder;
(ii) any offence which affects or is likely to affect any property or interest of the Municipality, or the due administration of this Act;
(iii) any nuisance whatsoever;
(b) compound any offence against the provisions of this Act or the rules, bye-laws or regulations made thereunder which are declared compoundable by or under this Act;
(c) with the approval of the Council-
(i) institute, withdraw from or compromise proceedings for the recovery of expenses or compensation claimed to be due to the Municipality;
(ii) withdraw or compromise any claim against any person in respect of a pena
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.
(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.
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.
(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
(1) It shall be the duty of every police officer-
(a) to communicate without delay to the proper officer of a Municipality any information which he receives of the design to commit or of the commission of any offence under this Act or any rule, bye-law or regulation made thereunder; and
(b) to assist the Chairperson, the Secretary or any Officer or employee of a Municipality demanding his aid for the exercise of any power vested in them under this Act in or any rule, bye-law or regulation made thereunder.
(2) Any Police Officer who omits or refuses to perform any duty imposed on him by this Act shall be deemed to have committed an offence under clause (d) of section 41 of the Kerala Police Act, 1960 (5 of 1960).
(1) Where any police officer sees any person committing an offence against any of the provisions of this Act or of any rule or bye-law made thereunder he shall, if the name and address of such person are unknown to him and if the said person, on demand, declines to give his name and address or gives a name and address, which such officer has reason to believe to be false, arrest such person.
(2) No person arrested under sub-section (1) shall be detained in custody-
(a) after his true name and address are ascertained, or
(b) without the order of a Magistrate, for any longer time, not exceeding twenty four hours from the hour of arrest, than is necessary for producing him before a Magistrate.
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.
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).
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.
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.
1[ 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.]
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1. Section 556 substituted by Act 14 of 1999, w.e.f. 24-3-1999. Prior to the substitution it-read as under:
"556. Prohibition of removal or obliteration of notice.--
No person shall, without authority in that behalf, remove, destroy, deface, or otherwise obliterate any notice exhibited in pursuance of any decision of the Council or order of the Secretary."
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.
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.
(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, Secreta
1[(1) Notwithstanding anything contained in this Act where a Municipality is constituted for the first time under section 4, the Government, shall appoint a Special Officer or an Administrative Committee consisting of not less than three members who are officers of Government in addition to the Secretary to exercise the powers, perform the functions and discharge the duties of the Chairperson, Standing Committees and Council of the Municipality.]
(2) The State Election Commission shall cause arrangements for election to be made so that newly elected Chairperson and Councillors may assume office within six months from the date on which the notification under sub-section (3) of section 4 constituting the specified area to be a Municipality takes effect.
2[(3) Where a Special Officer is appointed under sub-section (i), the powers, functions and duties of the concerned Municipality and of its Chairperson
(1) Where a dispute exists between any Municipality and any Panchayat or between or among Municipalities in regard to any matter arising under the provisions of this or any other Act and the Government are of opinion that they are unable to settle it amicably among themselves, the Government may take cognizance of the dispute, and-
(a) decide it themselves; or
1[(b) refer it to the Tribunal constituted under Section 271 of the Kerala Panchayat Raj Act, 1994 (13 of 1994] or to the Joint Committee constituted under Section 37, for enquiry and report;]
(2) The report referred to in clause (b) of sub-section (1) shall be submitted to the Government who shall decide the dispute in such manner as they deem fit and such decision shall be binding on the parties to dispute.
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1. Clause (b) substituted by Act 14 of 1999
(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.
No civil Court shall have jurisdiction to entertain any suit, application or petition challenging the legality or propriety of any action taken by or under the authority of the Secretary under any provisions comprised in Chapters XVII, XVIII and XIX or the rules and regulations, if any, made thereunder.
1[ (1) Every Municipality shall in the manner prescribed, formulate and publish in the name of "citizens" charter" in respect of the categories of services made available by the Municipality to the citizens, its conditions and the time limit within which it is made available;
(2) The "Citizens' Charter" shall be renewed and updated periodically at least once in a year.]
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1. Section 563 A inserted by Act 14 of 1999, w.e.f. 24-3-1999.
(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.
(1) The Government may, by notification in the Gazette, make rules, either prospectively or retrospectively, to carry out all or any of the purposes of this Act.
(2) In particutar and without prejudice to the generality of the foregoing power, such rules may provide for-
(a) all matters not expressly provided for in this Act, relating to the election of Chairperson, Deputy Chairperson or Councillors including election petitions and deposits to be made by candidates standing for election and the conditions under which such deposit may be forfeited;
1[(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 transfe
(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.
The Council may make bye-laws not inconsistent with the provisions of this Act and the rules made thereunder or any other law, to provide for-
(1) the due performance by all officers and employees of the Municipalities of the duties assigned to them;
(2) the time and mode of collecting taxes and duties under this Act;
(3) determining the conditions under which lands shall be deemed to be appurtenant to buildings;
(4) the regulation of public bathing, washing and the like;
(5) the maintenance and protection of the water supply and drainage system entrusted to a Municipality;
(6) the maintenance and protection of the lighting system;
(7) the cleansing of latrine, earth closets, ash-pits and cess pools and the keeping of latrines supplied with sufficient water for flushing;
(8) the laying
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.
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.
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.
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.
(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.
1[ The Government, may for the reasons to be specified in the order in this behalf, cancel any Bye-law or Regulation and thereafter such Bye-law or Regulation shall be of no effect:
Provided that before cancelling any Bye-law or Regulation under this section, the Council concerned shall be given an opportunity to express its opinion in respect of the cancellation.]
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1. Section 573 substituted by Act 14 of 1999, w.e.f. 24-3-1999. Prior to the substitution it read as under:
"573. Cancelling of bye-law or regulation.--
The Government may cancel any bye-law or regulation and thereupon such bye-taw or regulation shall cease to have effect:
Provided that, before cancelling of any bye-law or regulation under this section the Council shall be given an opportunity to express its views re
Copies, in English and in the language of the locality, of this Act and the rules, bye-laws and regulations made thereunder shall be kept at the office of the Municipality for sate.
(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, 1
The Kerala Municipality Act, 1994 (hereinafter "Act") is a comprehensive legislation designed to establish a framework for local self-governance in urban areas of Kerala. Schedule I of the Act enumerates the specific duties and responsibilities assigned to municipalities, including construction, maintenance, and various civic functions necessary for urban management. It aims to streamline municipal functions, ensure accountability, and delineate the scope of municipal authority within the constitutional and statutory framework.
Schedule I of the Kerala Municipality Act, 1994, lists the essential duties of municipalities, including but not limited to:- Construction and maintenance of roads, drains, and water supply systems (Sl. Nos. 5 & 7)- Management of public health, sanitation, and environmental sanitation- Maintenance of markets, slaughterhouses, and public premises- Provision of street lighting, parks, and open spaces- Regulation of building activities, land use, and urban planning- Collection of taxes, fees, and levies related to municipal services- Other civic functions necessary for urban administration
Specifically, Section 30 of the Act, along with Schedule I, emphasizes the municipality's duty to undertake construction and maintenance works for civic amenities.
While Schedule I itself does not prescribe specific punishments, violations of municipal duties under the Act can attract penalties:- Penalties under the Act: Contravention of provisions like unauthorized constructions, illegal land use, or failure to maintain civic infrastructure can result in fines, imprisonment, or both.- Penalties under related laws: Violations of building rules, environmental laws, or land laws may lead to prosecution, penalties, or demolition orders.- Natural Justice & Due Process: Enforcement actions require adherence to procedural fairness, including notices and hearings.
In conclusion, Schedule I of the Kerala Municipality Act, 1994, delineates the broad spectrum of municipal duties aimed at civic management, urban development, and public welfare. Its scope is supported by detailed rules and supported by judicial pronouncements emphasizing legality, procedural fairness, and constitutional supremacy. Violations of these duties, especially through unauthorized acts or arbitrary exercise of powers, attract penalties and are subject to judicial scrutiny to uphold the rule of law and constitutional principles.
Schedule - FIRST SCHEDULE
1[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. Regulati
[See section 85(f)]
FORM OF OATH OR AFFIRMATION
I, ..........................................a candidate for election as a member in Ward No...........
of the.....................Municipality do swear in the name of God/solemnly affirm that I 1[will bear true faith and allegiance and maintain sovereignty and integrity of India] to the Constitution of India as by law established, and that if elected I will duly and faithfully to the best of my ability, knowledge and judgment perform the duties of my office without fear or favour or affection or ill will.
____________
1. Substituted for "will bear true faith and allegience" by Act 14 of 1999, w.e.f. 24-3-1999.
1[FOURTH SCHEDULE
[See Section 2
1[FIFTH SCHEDULE
[See Section 511(2) (C)] PENALTIES
.
1[x x x x] THE SEVENTH SCHEDULE
[See section 498(4) (b)] LIST OF INDUSTRIES WHICH REQUIRE CLEARANCE
1. (a) Manufacture of Batteries.
(b) Manufacture of various parts of bicycles including tyres and tubes.
(c) Electrical lamps-tube lights and mercury bulbs and metal accessories like reflectors and shades.
(d) Manufacture of hand tools, machine tools, industrial and scientific instruments where cutting oil and heat treatment and chromium plating for electro plating are involved.
(e) Iron and steel where pickling is carried out.
(f) Manufacture of electrical or electronic parts like printed circuits, valves, involving acid treatment electroplating, solvent treatment.
(g) Telephone, Telegraph, Teleprinter etc. involving electroplating heat treatment of va
[See section 448(4)(c)]
CATEGORIES OF INDUSTRIES WHICH REQUIRE CLEARANCE FROM THE FIRE FORCE DEPARTMENT
1. Explosives
2. Fireworks
3. Salt peter
4. Spirituous preparation
5. Sulphur
6. Tile Factories
7. Industries using L.P.G
8. Factory buildings with thatched sheds
9. Safety matches
10. Manufacture of acids
Schedule - THE NINTH SCHEDULE
THE NINTH SCHEDULE
[See section 2(12)]
LIST OF DANGEROUS DISEASES
AIDS
Acute influenza, pneumonia
Anthrax
Chicken-pox
Cholera
Diphtheria
Enteric fever
Glanders
Rabies
Plague
Tuberculosis
Typhoid fever
Influenza
Relapsing fever
Weils disease
Gastro enteritis
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