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
(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,
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
(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 i
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 Gove
(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
(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 el
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:
(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.]
(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
(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 nominat
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.
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
(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 th 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.S.17 The Chairperson to be a member of every Committee
(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 C
(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
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
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.
(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
(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,-
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
1[Functions of the Chairman of the Standing Committee]
2[(1) xxxx]
2[(2) xxxx]
3[(1)] The Ch
(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
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 Secr
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
(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 sch
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)
(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-sectio
(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) 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:
(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 b
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.
(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
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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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.Legal Commentary on Section 42 of the Kerala Municipality Act, 1994
Introduction
What does Section 42 Say
Essential Ingredients
Scope of Section 42
Punishment for Section
Legal Comments
(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, physic
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 re
(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.
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;
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 heal
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.
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
(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 impos
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) 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
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 c
(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
(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.
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
Chapter V
1[Functions of the Government]
(1) Government or the officer authorised by them in this behalf may inspect any office under the cont
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
<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 Munic
(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 delegate
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.
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 charg
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 thereafte
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
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, G
1[Omitted]
___________
1. Omitted by Act 14 of 1999, w.e.f. 24-3-1999.
1[Omitted]
____________
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 dete
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 complian
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 perfo
(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
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
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 t
(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.
(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.-
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 tha
(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
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
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.
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 h
(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 holdin
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 wh
(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:
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
(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
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]
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
(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.
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.
(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 recommen
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 e
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
(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 compet
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 i
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 d
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 succeedin
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 Munic
(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 elec
(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 th
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 nomin
(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 candid
(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 ca
(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
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 acco
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 b
(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
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
(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 cand
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
(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) 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
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 pur
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;
(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.
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 f
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
(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
(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.
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 whic
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.
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:
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
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
(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.
(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-
(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)
(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.
(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
(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
(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.
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 t
(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 o
(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
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) W
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 a
(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
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
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
(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 sta
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.
(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 discr
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 t
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:
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
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 c (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 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 v 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 f 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.S.178 Grounds for declaring election to be void
S.179 Grounds on which a candidate other than the returned candidate may be declared to have been elected
S.180 Procedure in case of an equality of votes
S.181 Communication of orders of court
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 i
(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
(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
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
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 off
(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 secti
(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.
(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.
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 yea
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
(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 exam
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-
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
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 af
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
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 wage
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
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 f
(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
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-
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) wheth
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
(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 shal
(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
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:
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 Muni
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
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:-
(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-
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:
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
(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 a
(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
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 H
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
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[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 hav
(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.
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;
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 rule
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:
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;<
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:
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
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:
(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 ref
(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 execut
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:
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 p
(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
(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 t
(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 fo
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 beha
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 appointmen
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 offic
(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) W
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
(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) Befor
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
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 hono
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.
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
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
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 t
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 i
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,-
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
(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.
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 adverti
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 structur
(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
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 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
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 Coun
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 ther
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 inc
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.
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 b
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.]
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 A
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
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:
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:
(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
(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.
<(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 th
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 expend
(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 con
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, secure
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 i
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:
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
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 ther
(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 la
(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.
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 pe
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
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]
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 provisio
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.]
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 imm
(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 suc
(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.
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 Ele 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.] 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 d (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 Secretar 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. 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.S.316(a) Provision for supply for electricity to the consumers
S.318 Prohibition of making connection with mains without permission
S.319 Power to require level of culverts, cable, etc., to be raised or lowered
S.320 Provision of public latrines
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 ke
(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 p
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 p
1[MANAGEMENT OF WASTE]
(1) Every Municipality shall make adequate arrangements for;-
(a) the
(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)
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 pu
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.]
(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 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 p
(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
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
(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 i
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
(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
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) Notwiths
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.
(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
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].
(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.
(1) The Municipality may,- (a) lay out and make new Public streets; (b) construct bridges and sub-ways; (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. (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, standin 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 fr (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 pe (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 gr 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. (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 th 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. ________________ 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,&n 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.S.350 Power to prescribe building line and street alignment
S.351 Building not to be constructed within street alignment or building line
S.352 Setting back projecting buildings or walls
S.353 Section 353 - Setting buildings forward to improve line of street
S.354 Projected street
S.355 Watering of streets
S.357 Protection of appurtenances and materials of street
S.358 Power of Municipality to recover expenses caused by extraordinary traffic
S.359 Owner's obligation to make street when disposing of land as building sites
(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;
(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 offe
(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 specif
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 ov
(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.
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 Municipa 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.S.369 Prohibition of structures or fixtures which cause obstruction in public streets
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 a
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;
(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;
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 su
(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:
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-
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
(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
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) A Municipality may give public notice of its intention to declare-
(a) that in any street or portions of streets specified in the notice,-
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: 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.S.384 Buildings at corner of streets
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
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 intimat
(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.
(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
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
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
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 Cou
(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
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 w
(1) Where the Secretary is satisfied-
(i) that the construction, reconstruction or alteration of any building or digging of any well-
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 suc
(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
(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
1[xxx]
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1. Section 410 omitted by Act 14 of 1999, w.e
(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.
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.
(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.
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 t
(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
(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
(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
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 Gover
(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.
<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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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
(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
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
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 rea
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 o
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
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 cleansi
(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.
(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
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.
(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 insta 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
(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,
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 ru 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.Legal Commentary on Section 447 of the Kerala Municipality Act, 1994
Introduction
What does Section 447 Say?
Essential Ingredients
Scope of Section
Punishment for Violations
Legal Comments
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.]
(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
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 fa
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:--
(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 (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. (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. 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.S.453 Licence for slaughter houses
(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 p
(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
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
(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
(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
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;
<
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 numbe
(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.
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 hol
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:
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
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
(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-<
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
(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 b
(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
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 th
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, art
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.
(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) (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 Munici (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 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 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: (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. 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.S.483 Registration or closing of ownerless places for disposal of the dead
S.484 Licensing of places for disposal of the dead
S.485 Provision of burial and burning grounds and crematoria within or without Municipal area
S.485(a) Burial and burning grounds to be at distant places from residential buildings
(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
(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 me
1[x x x]
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1. Section 490
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
(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.
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.]
(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.
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 notic
(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 o
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 w
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 acco
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
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.
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
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.
(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 d 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.S.508 Penalty for establishing or maintaining unregistered tutorial institutions
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.
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 o
(1) Whoever-
(a) contravenes any provision of this Act or the sections specified in column (1) of the Fourth Schedule; or
(b) contravenes
(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.
<
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):
(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.
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 par 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).S.516 Wrongful restraint of Secretary and his delegates
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
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 includ
(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 genera
(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 reject
(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) Wh
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 mad
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 p
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,
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 s
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 su
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 sai
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.
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 executio
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 th
(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 o
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
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;
(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-
(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.
Section 534 - Recovery of expenses from persons liable and limitation of liability of occupier
(1) The Secretary may, recover any reasonable expenses incurred under section 533 from the persons or anyone of such persons to whom a notice, requisition or order was addressed, and may, in executing
(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
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 p
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) 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 speci
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 t
(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 respe
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 credi
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
(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.
(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
(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 thereu
The Secretary may-
(a) institute, or withdraw from proceeding against any person who commits-
(i) any offence against the provisions of t
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 Muni
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
Section 550 - Duties of police officer
(1) It shall be the duty of every police officer-
(a) to communicate without delay to the proper officer of a Municipality any in
(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 pers
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 thereunde
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.]
___________
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 pers
(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:
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, perfor
(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-
(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.
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;
(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.
(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 provid
(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;
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 whi
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
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 B
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), i 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.Legal Commentary on Kerala Municipality Act, 1994 - Section Schedule I
Introduction
What does Section/Schedule Say
Essential Ingredients
Scope of Section/Schedule
Punishment for Section/Schedule Violations
Legal Comments (Summary)
Schedule - FIRST SCHEDULE
1[FIRST SCHEDULE
[See S
[See section 85(f)]
FORM OF OATH OR AFFIRMATION
I, ..........
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 RE
[See section 448(4)(c)]
CATEGORIES OF INDUSTRIES WHICH REQUIRE CLEARANCE FROM THE FIRE FORCE DEPARTMENT
Schedule - THE NINTH SCHEDULE
THE NINTH SCHEDULE
[See section 2(12)]
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