THE KERALA MUNICIPALITY ACT, 1994* - nrcddp

(2) Where the person to whom a notice is given is the owner of the property in respectof which it is given, the Secretary may (whether any action or other proceeding has beenbrought or taken against such owner or not) require the person, if any, who occupies suchproperty, or any part thereof under the owner, to pay to the Municipality instead of to theowner, the rent payable by him in respect of such property, as it falls due upto the amountrecoverable from the owner under sub-section (1) or to such smaller amount as the Secretarymay think proper, and any amount so paid shall be deducted from the amount payable by theowner.(3) For the purpose of deciding whether action should be taken under sub-section (2),the Secretary may require any occupier of property, to furnish information as to the sum paidby him as rent on account of such property and as to the name and address of the person towhom it is payable and such occupier shall be bound to furnish such information.(4) The provisions of sub-section (2) shall not affect any contract between the ownerand the occupier respecting the payment of any such expenses.535. Relief to agents, trustees, etc.— (1) Where any person by reason of his receivingthe 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 toa tenant would under this Act, be bound to discharge any obligation imposed by this Act or rule, bye-law,regulation or order made thereunder on the owner of the property and for the discharge of which money isrequired, he shall not be bound to discharge the obligation unless he has, or but for his own improper act ordefault, might have had in his hands, funds belonging to the owner sufficient for the purpose.(2) The burden of proving the facts entitling a person to relief under this section shall lieon such person.(3) Where any person has claimed and established his right to relief under sub-section(I) the Secretary may give him notice to apply the money first received by him on behalf ofor for the use of the owner to discharge such obligation and if he fails to comply with suchnotice, he shall be deemed to be personally liable to discharge such obligation.536. Power of Secretary to agree to receive payment of expenses in instalments.—Instead of recovering expenses in the manner provided under section 538, the Secretary may, if he thinksfit, take an agreement from the person liable for the payment thereof, to pay the same in instalments ofsuch amounts and at such intervals as will secure the payment of the whole amount due, with interestthereon at the rate of ^[twelve percentage] per annum within a period of not more than five years.537. Power of Municipality to pay compensation.— In any case, not otherwiseexpressly provided for in this Act the Secretary may, with the approval of the Council, paycompensation to any person who sustains damage by reason of the exercise by any municipalauthority, officer or employee of any of the powers vested in them by this Act or any oilier law,or by any rule bye-law or regulation made thereunder.70 |Provided that no person shall be eligible for compensation under this section if he contravenesany of the provisions of this Act, rules, bye-laws or regulations and sustains damage thereby.]538. Recovery of sums due as taxes.— (1) All costs, damages, penalties, compensation,charges, fees (other than school fees), expenses, rents, contributions and other sums whichunder this Act or any other law or rules or bye-laws made thereunder or under any contractmade in accordance with the provisions of this Act, the rules or bye-laws thereunder are due byany person to the Municipality may, in the absence of any specific provisions in this Act for theirrecovery, be demanded by bill as provided in the rules and be recovered in the manner provided therein.66.Substituted for the words "fifty rupees" by Act 14 1999, w.c.f. 24-3-1999.