THE KERALA MUNICIPALITY ACT, 1994* - nrcddp

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CHAPTER IICONSTITUTION, ALTERATION AND CONVERSION OFMUNICIPALITIES4. Constitution, alteration and conversion of Municipalities.— (1) The Governmentshall, by notification in the Gazette, constitute with effect from such dare as specified in thenotification, -(a) a "Town Panchayat" for a transitional area;(b) a "Municipal Council" fora smaller urban area; and(c) a "Municipal Corporation" for a larger urban area, and specify the name of suchMunicipalities.(2) The Government may, by notification,-(a) exclude any municipal area from the operation of this act; or(b) exclude from a municipal area comprised therein and defined in the notification ; or(c) divide any municipal area into two or more municipal areas; or(d) unite two or more municipal areas; or(e) unite the territorial area of a Panchayat geographically lying adjacent to a Municipalarea, with the Municipality; or(f) convert a Village Panchayat into a 5 [Town Panchayat or a Municipal Council]; or(g) convert a Town Panchayat into a Municipal Council; or(h) convert a Municipal Council into a Municipal Corporation:6 [Provided that, before issuing such a notification the requirements under Article 243Q andsub-section (1) shall be fulfilled and the suggestions and opinions of the Village Panchayat or TownPanchayat or Municipal Council or Municipal Corporation concerned, shall be considered.]Provided further that any notification issued under this sub-section shall not be brought intoforce except in such a way as to coincide with the expiry of the term of the existing MunicipalCouncil or Village Panchayat in that territorial area.(3) The Government may at the request of a Municipality or after consultation with theMunicipality, at any time, alter the name of a Municipality, after previous publication of theproposal by notification in the Gazette.(4) Where any Village Panchayat area is constituted as, or included in, a 7 [Municipality],the Government may pass such orders as they may deem fit as to the transfer to the Municipalityor disposal otherwise of the assets or institutions of such Panchayat in that area, and as tothe discharge of the liabilities if any, of such Panchayat relating to such assets or institutions.(5) Where any village Panchayat area is constituted as, or included in a 8 [Municipality],all taxes, fees or other charges levied in that area under the enactments or regulations then inforce shall, from the date of constitution or inclusion, as the case may be, cease to haveeffect and all such taxes, fees or other charges shall be levied in that area in accordancewith the provisions of this Act and the rules, regulations and bye-laws made thereunder.5. Substituted for the words "Town Panchayat" by Act 14 of 1999, w.e.f. 24-3-1999.6. First provision substituted by Act 14 of 1999, w.e.f. 24-3-1999.7. Substituted for the words "Town Panchayat" by Act 14 of 1999, w.e.f. 24-3-1999.8. Substituted for the words "Town Panchayat" by Act 14 of 1999, w.e.f. 24-3-1999.
(6) Where a Municipality is abolished, this Act and all notifications, rules, regulations,bye-laws, orders, directions and powers issued, made or conferred under this Act shall ceaseto apply to the area comprised within the Municipality, the balance of the Municipal fund andall other property vested in the Municipality at the time of its abolition shall vest in the succeedinglocal authority coming into existence or if a local authority does not come into existence inthat area, in the Government and the liabilities of the Municipality shall be transferred to suchlocal authority or as the case may be, the Government.(7) All funds and property vested in the Government under sub-section (6) shall be applied todischarge the liabilities transferred to the Government under that sub-section and for the promotionof the safety, health, welfare or convenience of the inhabitants of the area comprised in theMunicipality.CHAPTER IIICONSTITUTION OF MUNICIPAL AUTHORITIES5. Incorporation and Administration of Municipality,— (1) Every Municipality shallbe a body corporate by the name of the Municipality specified in the notification issued undersection 4, shall have perpetual succession and a common seal, and shall, subject to any restrictionor alteration imposed by or under this Act or any other law, be vested with the capacity of suingor being sued in its corporate name, of acquiring, holding and transferring property, movable orimmovable, of entering into contracts, and of doing all things necessary, proper or expedient forthe purpose for which it is so constituted.(2) Every Municipality, shall exercise such powers, perform such duties and functions and shallhave such responsibilities and authority as are provided by or under this Act or any other law for thetime being in force.6. Constitution of Council.— 9 [(1) The Government shall, in accordance with the criteriaspecified in sub-section (3), notify the total number of seats of the Councillors to be filled up by directelection in a Town Panchayat, Municipality and Municipal Corporation considering the population of thearea of the Municipality concerned.(2) The Government may, after publishing the relevant data according to each census,vary the total number of seats of Councillors in a Municipality notified under sub-section (1)subject to the criteria specified in sub-section (3).(3) The number of seats of Councillors notified under sub-section (1) or sub-section (2),shall be,—(a) In the case of a Town Panchayat or a Municipal Council,—(i) Twenty, where the population in the area of the Town Panchayat or Municipal Councildoes not exceed twenty thousand, and(ii) Where the population of the Town Panchayat or Municipal Council exceeds twenty thousand,twenty, for the population of first twenty thousand, and one each for every two thousand and five hundred ofthe population exceeding twenty thousand, subject to a maximum of fifty Councillors;lakhs, and(b) In the case of a Municipal Corporation,—(i) fifty, where the population in the area of the Municipal Corporation does not exceed four9. Sub-sections (1) to (4) substituted by Act 14 of 1999.
Page 1 and 2: THE KERALA MUNICIPALITY ACT, 1994*(
Page 3 and 4: the State representing constituenci
Page 5 and 6: 243-Z. Audit of accounts of Municip
Page 7 and 8: 12. Provision of urban amenities an
Page 9 and 10: CHAPTER 1PRELIMINARY1. Short title,
Page 11 and 12: (23) "market" means any place set a
Page 13: (46) "street alignment" means a lin
Page 17 and 18: 7. Duration of Municipalities and t
Page 19 and 20: 19 [Provided further that in Munici
Page 21 and 22: e reported by the Secretary to the
Page 23 and 24: 24 [(5) The Chairperson shall call
Page 25 and 26: (3) The Officer authorised under su
Page 27 and 28: (2) The number of members of each S
Page 29 and 30: (e) The Standing Committee for Welf
Page 31 and 32: (3) A member elected under sub-sect
Page 33 and 34: 34. Obligation of the Standing Comm
Page 35 and 36: 3. Where any member behaves in a di
Page 37 and 38: (8) The procedure for convening and
Page 39 and 40: area;(q) to assist the activities o
Page 41 and 42: transferred to the service of the M
Page 43 and 44: the case may be] shall prepare ever
Page 45 and 46: (10) The Committee shall, in prepar
Page 47 and 48: (a) formulate policy for local leve
Page 49 and 50: (3) If the expenses directed by the
Page 51 and 52: (3) The Administrative Committee or
Page 53 and 54: 75. No person to be registered in t
Page 55 and 56: Municipality by adopting the existi
Page 57 and 58: elapsed from the date of such sente
Page 59 and 60: (1) disqualified under any provisio
Page 61 and 62: Provided that a Councillor shall no
Page 63 and 64: CHAPTER VIIICONDUCT OF ELECTIONS105
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(3) Where the candidate is a person
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(3) The Returning Officer shall, on
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Provided that the total period allo
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(a) the thumb or any other finger o
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notification, the Councillors shall
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(3) A Councillor who makes a statem
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otherwise and whether used for draw
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maintain, and aid in maintaining, t
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ecording or counting of votes at an
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(e) fraudulently puts into any ball
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171. Documentary evidence.— Notwi
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179. Grounds on which a candidate o
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(b) cause the decision to be publis
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200. Extension of time for completi
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(c) for the provision, maintenance
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Provided that after the said period
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(2) Subject to availability of reso
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(2) The Government or the officer a
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CHAPTER XIVTAXATION AND FINANCE230.
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Provided that such percentage shall
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239. Vacancy remission.— f 1) Whe
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every owner and occupier on whom su
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252. Recovery of profession tax by
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263. Composition of tax.— With th
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(ii) Exchange of immovableproperty(
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(a) any flagstaff, pole, vane, or w
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elating to the levy of tax on timbe
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285. Estimates of receipts and expe
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(4) The auditors shall specify in t
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Provided that —(i) no loan shall
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(4) The Municipality shall provide
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Municipality are bound to implement
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(2) No person shall keep a public l
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dispose of the same by auction or o
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contents thereof, or of the stench
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that purpose may comprise such cond
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PRIVATE STREETS359. Owner's obligat
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(3) Where the Secretary is satisfie
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(3)(a) Any person unauthorisedly oc
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382. Building site and construction
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390. Period within which approval o
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401. Reference to Council where Sec
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15 [407. Power to regularise the un
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412. Precautions in case of dangero
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419. Cleaning of insanitary private
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430. Secretary to act in default.
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438. Power to dispose of stray pigs
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for conducting a dangerous or offen
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31 [(4) The Council shall, before g
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SLAUGHTER HOUSES452. Provision of M
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(3) The Municipality shall, as rega
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(3) No person shall exhibit or expo
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(3) The Municipality shall, as rega
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44 [(3) On receipt of an applicatio
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491. Disposal of unclaimed dead bod
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Dangerous Diseases494. Obligation o
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Explanation.— For the purpose of
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510. Limitation of time for appeal.
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(b) is carried on or completed othe
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CHAPTER XXVMISCELLANEOUSPOWER TO SU
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(b) sufficient notice shall be give
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(2) Where the person to whom a noti
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fine or costs imposed or assessed b
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549. Assessment etc., not to be imp
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time under section 4, the Governmen
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(k) regulating the sharing between
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(21) for the inspection of public a
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(iii) all properties whether movabl
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26. Regulating the conduct of fairs
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VII.Housing:1. Identify the homeles
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SECOND SCHEDULE[See section 85(i)]F
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(1) (2) (3) (4)339 Using cart witho
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(1) (2) (3) (4)41942142242442542642
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(I) (2) (3) (4)478 Preventing the S
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(1) (2) (3) (4)367 Failure to remov
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(1) (2) (3)the dead body without li
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THE KERALA MUNICIPALITY ACT, 1994* - nrcddp

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