THE KERALA MUNICIPALITY ACT, 1994* - nrcddp

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4. With effect on and from the commencement of this Act, the Government consider it necessaryto repeal the Kerala Municipalities Act, 1960 (14 of 1961), the Kerala Municipal Corporations Act, 1961(30 of 1961), the Guruvayur Township Act, 1960 (43 of 1961) and the provisions of the Kerala LocalAuthorities (Constitution and Preparation of Electoral Rolls) Act, 1994 (4 of 1994), in so far as theyrelate to Municipalities.*See Bill No.96, Published in Kerala Gazette No. 13, dated 29th March, 1994.*THE CONSTITUTION (SEVENTY-FOURTH AMENDMENT) ACT, 1992An Act further to amend the Constitution of India Be it enacted byParliament in the Forty-third year of the Republic of India as follows:—1. Short title and commencement.— (1) This Act may be called the Constitution (Seventy-FourthAmendment) Act, 1992.(2) It shall come into force on such date as the Central Government may, by notification in theOfficial Gazette, appoint.2. Insertion of new part IXA,— After Part IX of the Constitution, the following Part shall beinserted, namely:—PARTIX-ATHE MUNICIPALITIES2. 43-P. Definitions.— In this part, unless the context otherwise requires,(a) "Committee" means a Committee constituted under Article 243;(b) "district" means a district in a State;(c) "Metropolitan area" means an area having a population of ten lakhs or more,comprised in one or more districts and consisting of two or more Municipalities or Panchayats or othercontiguous areas, specified by the Governor by public notification to be a Metropolitan area for thepurpose of this Part;(d) "Municipal area" means the territorial area of a Municipality as is notified by the Governor;(e) "Municipality" means an institution of self-government constituted under Article 243-Q;(f) "Panchayat" means a Panchayat constituted under Article 243-B;(g) "population" means the Population as ascertained at the last preceding census ofwhich the relevant figures have been published.243-Q. Constitution of Municipalities.— (1) There shall be constituted in every State,-(a) a Nagar Panchayat (by whatever name called) for a transitional area, that is to say, an area intransition from a rural area to an urban area;(b) a Municipal Council for a smaller urban area; and(c) a Municipal Corporation for a larger urban area, in accordance with the provisions of thispart:Provided that a Municipality under this clause may not be constituted in such urban area or partthereof as the Governor may, having regard to the size of the area and the municipal services beingprovided or proposed to be provided by an industrial establishment in that area and such other factorsas he may deem fit, by public notification, specify to be an industrial township.(2) In this article, "a transitional area", "a smaller urban area" or "a larger urban area" means sucharea as the Governor may, having regard to the population of the area, the density of the populationtherein, the revenue generated for local administration, the percentage of employment in nonagriculturalactivities, the economic importance or such other factors as he may deem fit, specify by public notificationfor the purposes of this Part.243-R. Composition of Municipalities.— (1) Save as provided in clause (2), all the seals in aMunicipality shall be filled by persons chosen by direct election from the territorial constituencies in theMunicipal area and for this purpose each Municipal area shall be divided into territorial constituencies tobe known as wards.(2) The Legislature of a State may, by law, provide-(a) For the representation in a Municipality of-(i) persons having special knowledge or experience in Municipal administration;(ii) the members of the House of the People and the members of the Legislative Assembly of* Pub. in Gazette of India Extraordinary Part II section I dated 20th April, 1993. (w.e.f. 1-6-1993)
the State representing constituencies which comprise wholly or partly the Municipal area;(iii) the members of the Council of States and the members of the Legislative Council of theState registered as electors within the Municipal area;(iv) the Chairpersons of the Committees constituted under clause 5, of Article 243-S:Provided that the persons referred to in paragraph (i) shall not have the right to vote in themeetings of the Municipality;(b) the manner of election of the Chairperson of a Municipality.243-S. Constitution and composition of Wards Committees, etc.— (1) There shall beconstituted Wards Committees, consisting of one or more wards, within the territorial area of aMunicipality having a population of three lakhs or more.(2) The Legislature of a State may, by law, make provision with respect to-(a) the composition and the territorial area of a Wards Committee;(b) the manner in which the seats in a Wards Committee shall be filled.(3) A member of a Municipality representing a ward within the territorial area of the Wards Committeeshall be a member of that Committee.(4) Where a Wards Committee consists of-(a) one ward, the member representing that ward in the Municipality; or(b) two or more wards, one of the members representing such wards in the Municipalityelected by the members of the Wards Committee, shall be Chairperson of thatCommittee.(5) Nothing in this article shall be deemed to prevent the Legislature of a State from making anyprovision for the constitution of Committees in addition to the Wards Committees.243-T. Reservation of seats.— (1) Seats shall be reserved for the Scheduled Castes and theScheduled Tribes in every Municipality and the number of seats so reserved shall bear, as nearly asmay be, the same proportion to the total number of seats to be filled by direct election in thatMunicipality as the population of the Scheduled Castes in the Municipal area of the Scheduled Tribesin the Municipal area bears to the total population of that area and such seats may be allotted by rotationto different constituencies in a Municipality.(2) Not less than one-third of the total number of seats reserved under clause (1) shall be reservedfor women belonging to the Scheduled Castes or as the case may be, the Scheduled Tribes.(3) Not less than one-third (including the number of seats reserved for women belonging to theScheduled Castes and the Scheduled Tribes) of the total number of seats to be filled by direct electionin every Municipality shall be reserved for women and such .seats may be allotted by rotation to differentconstituencies in a Municipality.(4) The offices of Chairpersons in the Municipalities shall be reserved for the Scheduled Castes,the Scheduled Tribes and women in such manner as the Legislature of a State may, by law, provide.(5) The reservation of seats under clauses (1) and (2) and the reservation of offices of Chairpersons(other than the reservation for women) under clause (4) shall cease to have effect on the expiration ofthe period specified in Article 334.(6) Nothing in this Part shall prevent the Legislature of a State from making any provision forreservation of seats in any Municipality or offices of Chairpersons in the Municipalities in favour ofbackward class of citizens.243-U. Duration of Municipalities, etc.— (1) Every Municipality, unless sooner dissolved underany law for the time being in force, shall continue for five years from the date appointed for its first meetingand no longer:Provided that a Municipality shall be given a reasonable opportunity of being heard before itsdissolution.(2) No amendment of any law for the time being in force shall have the effect of causing dissolutionof a Municipality at any level, which is functioning immediately before such amendment, till the expirationof its duration specified in clause (1).(3) An election to constitute a Municipality shall be completed,-(a) before the expiry of its duration specified in clause (1);(b) before the expiration of a period of six months from the date of its dissolution:
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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
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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
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Page 37 and 38: (8) The procedure for convening and
Page 39 and 40: area;(q) to assist the activities o
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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
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75. No person to be registered in t
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Municipality by adopting the existi
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elapsed from the date of such sente
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(1) disqualified under any provisio
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Provided that a Councillor shall no
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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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