THE KERALA MUNICIPALITY ACT, 1994* - nrcddp

More documents

Recommendations

Info

(c) "notified document" means any document of the Municipality notified by the Governmentunder sub-section (2) of section 5173.517B. Right to information.— (1) Every Person bonafide requiring any information shallhave 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, inthe interest of general and local administration, by notification in the Gazette declare any documentcontaining special categories of information as notified document and no person shall have theright to know the information contained in such document" and the Municipality may rejectany application for such information.(3) The Government may, by general or special order direct the Municipality to publish thecategories of information specified in the Order for the general information of the residents ofthat Municipal area.517C. Procedure for furnishing information.— (1) A person requiring any information from aMunicipality shall make an application in that behalf to the Secretary of that Municipality in such form andmanner and on payment of such fees, as may be prescribed and the Secretary or the officer authorised bythe council shall furnish the information to the applicant within such period as may be prescribed unlessthe application is rejected or otherwise disposed of within that period.(2) If any application for information is rejected, the reasons for such rejection shall be given inwriting.517D. Penalty for withholding information.— (1) The Secretary or any officer of theMunicipality responsible for furnishing any information under this Chapter shall be personally liable forfurnishing the same within the prescribed period, unless such information is in respect of a notifieddocument.(2) Where such information is not furnished within the time prescribed, the officer responsiblefor non-supply of the information shall be punishable with a fine of rupees fifty for each day ofsuch delay after the last day for furnishing the information and the fine so realised shall becredited to the fund of the Municipality.(3) If the Secretary or any other officer of the Municipality responsible for furnishing theinformation, under this Chapter fails to furnish such information or furnishes false information onits material particulars which he knows to be false or not true or sufficient reason to believe it tobe false, he shall be punishable with a fine which shall hot be less than rupees one thousand.517E. Protection of action taken in good faith.— Notwithstanding anything contained insection 517D, the Secretary or the officer responsible for furnishing the information after conductingthough search for a document, finds that the document concerned is not available or not traceable byreason of the expiry of the period for preservation of the document or for any other valid reason and thatthe information cannot, therefore, be made available, he shall inform the applicant accordingly; within thetime prescribed and dispose of the application and on it no action shall lie against the Secretary or theofficer.]60. Sub-section (2) added by Act 14 of 1999, w.e.f. 24-3-1999.61. Substituted for the words "one hundred rupees" by Act 14 of 1999, w.e.f. 24-3-1999.62. Chapter XXIV A inserted by Act 14 of 1999, w.e.f. 24-3-1999.
CHAPTER XXVMISCELLANEOUSPOWER TO SUMMON518. Power of persons conducting enquiries.— Every inspecting or superintendingofficer holding any enquiry into matters falling within the scope of their duties shall have, for thepurposes of such enquiry, the same powers in regard to the issue of summonses for the attendanceof witnesses and the production of documents as are conferred upon the revenue officers by theKerala Enquiries and Summonses Act, 1960 (4 of I960) and the provisions of that Act shallapply to summonses issued and to persons summoned by virtue of the powers conferred by thissection.519. Summons to attend and give evidence or produce documents.— The Secretarymay summon any person to attend before him and to give evidence or produce documents as thecase may be, in respect of any question relating to taxation or inspection or registration or to the grant ofany licence or permission under the provisions of this Act.520. Form of notices and permissions,— All notices and permission given, issued orgranted, as the case may be, under the provisions of this Act shall be in writing.521. Signature on documents.— (1) Every licence, permission, notice, bill, schedule,summons or other document which is required by his Act or any rule, bye-law or regulationmade thereunder to bear the signature of the Chairperson or the Secretary or of any officer ofthe Municipality shall be deemed to be properly signed if it bears a fascimile of the signature ofthe Chairperson or the Secretary or of such officer, as the case may be stamped thereon.(2) Nothing in sub-section(l) shall be deemed to apply to a cheque drawn upon the municipalfund or to any deed of contract entered into by the Municipality.522. Publication of notification.— Save as otherwise provided, every notification underthis Act shall be published in the Gazette:Provided that the Government shall have power to direct that any such notification shall,instead of being published in the Gazette, be published in any other manner specified by them.523. Publication of bye-laws, notices, orders, etc.— 64 [(1) Every bye-law, order,notice or other document directed to be published under this Act shall, unless a different methodbe specified by this Act or by the Municipality, be written in or translated into the language of thelocality and deposited at the office of the Municipality and a copy shall be pasted up in a conspicuousposition at such office and such other places as the Council may direct and a publicity that suchcopy has been so pasted up and that the original is open to inspection at the office of the Municipalityshall be made in the municipal area in such manner as the Council may direct.64 [(2) Every bye-law, order, notice or other document referred to under sub-section (1) shall after itspublication, be reported to each Ward Committee or Ward Sabha, as the case may be, in its next meetingby the Convenor.]524. Notice of prohibition or setting apart of places.— Where the Municipality hasset apart any place for any purpose authorised by this Act or has prohibited the doing of anythingin any place, the Secretary shall, forthwith, cause to be put up a notice in English and in thelanguage of the locality at or near such place and such notice shall specify the purpose for whichsuch place has been set apart or the act prohibited in such place.525. Method of serving documents.— (1) Where any notice or other document isrequired by this Act or any rule, bye-law, regulation or order made thereunder to be served on, orsent to, any person, the service or sending thereof may be effected-
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 and 14:
(46) "street alignment" means a lin
Page 15 and 16:
(6) Where a Municipality is abolish
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
Page 65 and 66:
(3) Where the candidate is a person
Page 67 and 68:
(3) The Returning Officer shall, on
Page 69 and 70:
Provided that the total period allo
Page 71 and 72:
(a) the thumb or any other finger o
Page 73 and 74:
notification, the Councillors shall
Page 75 and 76:
(3) A Councillor who makes a statem
Page 77 and 78:
otherwise and whether used for draw
Page 79 and 80:
maintain, and aid in maintaining, t
Page 81 and 82:
ecording or counting of votes at an
Page 83 and 84:
(e) fraudulently puts into any ball
Page 85 and 86:
171. Documentary evidence.— Notwi
Page 87 and 88:
179. Grounds on which a candidate o
Page 89 and 90:
(b) cause the decision to be publis
Page 91 and 92:
200. Extension of time for completi
Page 93 and 94:
(c) for the provision, maintenance
Page 95 and 96:
Provided that after the said period
Page 97 and 98:
(2) Subject to availability of reso
Page 99 and 100:
(2) The Government or the officer a
Page 101 and 102:
CHAPTER XIVTAXATION AND FINANCE230.
Page 103 and 104:
Provided that such percentage shall
Page 105 and 106:
239. Vacancy remission.— f 1) Whe
Page 107 and 108:
every owner and occupier on whom su
Page 109 and 110:
252. Recovery of profession tax by
Page 111 and 112:
263. Composition of tax.— With th
Page 113 and 114:
(ii) Exchange of immovableproperty(
Page 115 and 116:
(a) any flagstaff, pole, vane, or w
Page 117 and 118:
elating to the levy of tax on timbe
Page 119 and 120:
285. Estimates of receipts and expe
Page 121 and 122:
(4) The auditors shall specify in t
Page 123 and 124:
Provided that —(i) no loan shall
Page 125 and 126:
(4) The Municipality shall provide
Page 127 and 128:
Municipality are bound to implement
Page 129 and 130:
(2) No person shall keep a public l
Page 131 and 132: dispose of the same by auction or o
Page 133 and 134: contents thereof, or of the stench
Page 135 and 136: that purpose may comprise such cond
Page 137 and 138: PRIVATE STREETS359. Owner's obligat
Page 139 and 140: (3) Where the Secretary is satisfie
Page 141 and 142: (3)(a) Any person unauthorisedly oc
Page 143 and 144: 382. Building site and construction
Page 145 and 146: 390. Period within which approval o
Page 147 and 148: 401. Reference to Council where Sec
Page 149 and 150: 15 [407. Power to regularise the un
Page 151 and 152: 412. Precautions in case of dangero
Page 153 and 154: 419. Cleaning of insanitary private
Page 155 and 156: 430. Secretary to act in default.
Page 157 and 158: 438. Power to dispose of stray pigs
Page 159 and 160: for conducting a dangerous or offen
Page 161 and 162: 31 [(4) The Council shall, before g
Page 163 and 164: SLAUGHTER HOUSES452. Provision of M
Page 165 and 166: (3) The Municipality shall, as rega
Page 167 and 168: (3) No person shall exhibit or expo
Page 169 and 170: (3) The Municipality shall, as rega
Page 171 and 172: 44 [(3) On receipt of an applicatio
Page 173 and 174: 491. Disposal of unclaimed dead bod
Page 175 and 176: Dangerous Diseases494. Obligation o
Page 177 and 178: Explanation.— For the purpose of
Page 179 and 180: 510. Limitation of time for appeal.
Page 181: (b) is carried on or completed othe
Page 185 and 186: (b) sufficient notice shall be give
Page 187 and 188: (2) Where the person to whom a noti
Page 189 and 190: fine or costs imposed or assessed b
Page 191 and 192: 549. Assessment etc., not to be imp
Page 193 and 194: time under section 4, the Governmen
Page 195 and 196: (k) regulating the sharing between
Page 197 and 198: (21) for the inspection of public a
Page 199 and 200: (iii) all properties whether movabl
Page 201 and 202: 26. Regulating the conduct of fairs
Page 203 and 204: VII.Housing:1. Identify the homeles
Page 205 and 206: SECOND SCHEDULE[See section 85(i)]F
Page 207 and 208: (1) (2) (3) (4)339 Using cart witho
Page 209 and 210: (1) (2) (3) (4)41942142242442542642
Page 211 and 212: (I) (2) (3) (4)478 Preventing the S
Page 213 and 214: (1) (2) (3) (4)367 Failure to remov
Page 215 and 216: (1) (2) (3)the dead body without li
show all

THE KERALA MUNICIPALITY ACT, 1994* - nrcddp

Create successful ePaper yourself

Delete template?

Save as template?