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THE KERALA MUNICIPALITY ACT, 1994* - nrcddp

THE KERALA MUNICIPALITY ACT, 1994* - nrcddp

THE KERALA MUNICIPALITY ACT, 1994* - nrcddp

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(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.

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