206. Powers and functions of the Finance Commission.— f l ) The FinanceCommission shall make recommendations to the Governor as to-(a) the principles which should govern-(i) the distribution between the State and the Municipalities of the net proceeds of thetaxes, duties, tolls and fees leviable by the State, which may be divided between them and theallocation between the Municipalities of their respective shares of such proceeds;(ii) the determination of taxes, duties, tolls and fees which may be assigned to, orappropriated, by the Municipalities;(iii) the grant-in-aid to the Municipalities from the Consolidated Fund of the State;(b) the measures needed to improve the financial position of the Municipalities;(c) any other matter referred to the Finance Commission by the Governor in the interestsof sound finance of the Municipalities.(2) The Governor shall cause every recommendation made by the Commission under subsection(1) together with an explanatory memorandum as to the action taken thereon to be laidbefore the Legislative Assembly.CHAPTER XIIIPROPERTY, CONTR<strong>ACT</strong>S AND ESTABLISHMENTPROPERTY207. Vesting of Public Streets and appurtenance in Municipality.— (1)Notwithstanding anything contained in the Kerala Land Conservancy Act, 1957 (8 of 1958) or in any otherlaw for the time being in force all public roads, streets, lanes and paths, the bridges, ditches, dykes andfences on or beside the same, and all adjacent land not being private property appertaining thereto in anymunicipal area other than 32 [National Highway or State Highway or major district road or roadsclassified by Government as such] shall stand transferred to, and vest absolutely in the Municipalitytogether with all pavements, stones and other materials and other things provided therein, all sewers,drains, drainage works, tunnels and culverts, whether made at the cost of the Municipal fund orotherwise in, alongside or under such roads and all works, materials and things appertaining thereto.33 [(2) Notwithstanding anything contained in sub-section (1) the Government may, bynotification in the Gazette, at any time, withdraw such public roads and or streets, sewer drain, drainagework tunnel or culvert adjacent to it from the control of the Municipality for the purpose of classifying, itas any public road, street National Highway, State Highway or Major District road under the control ofMunicipality and thereupon it shall revest in the Government on issuing such a notification:Provided that before issuing such a notification, the Government shall consult the Municipalityconcerned and give due regard to the objections, if any.]208. Duty of Municipality in respect of public streets withdrawn from its control.—Where any public street has been withdrawn from the control of a Municipality under subsection(2) ofsection 207 and placed under the control of the Government or under the control of any other authorityby the Government, it shall be the duty of the Municipality to provide at the cost of the municipal fund,to such extend as the Government may, by general or special order, direct-(a) for the lighting, watering, scavenging and drainage of such street;(b) for the provision, maintenance and repair of the water-supply mains, drains andsewers in, alongside, or under such street;
(c) for the provision, maintenance and repair of footways attached to such street:Provided that where in the discharge of such duties, it is necessary for the Municipality to openand break up the soil or pavement of any such street, the Municipality shall obtain the previous consentof such officer as the Government may by general or special order, specifyProvided further that in cases of emergency, the Municipality may, without such consent, open andbreak up soil or pavement of any such street, but shall, as far as practicable, restore such soil orpavement to the condition in which it was immediately before it was opened and broken up; and areport of the action so taken and the reasons therefor shall be sent forthwith to the officer specifiedunder the foregoing proviso.33A[208A. Transfer of water courses, springs, reservoirs, etc, to Municipalities.—(1) Notwithstanding anything contained in the Kerala Land Conservancy Act, 1957 (8 of 1958) or in anyother law for the time being in force, all public watercourses including those which the public have beenusing so as to give them easement rights over them, (other than rivers flowing through the municipalareas and other areas as may be specified by Government, by notification in the Gazette) whetherexisting at the commencement of this Act or were made; set up or constructed, thereafter whether madeor constructed at the cost of the Municipality or not, along with their river beds, banks, springs,32. Substituted for the words by Act 14 of 1999, w.e.f. 24-3-199933. Sub-section (2) substituted by Act 14 of 1999, w.e.f. 24-3-1999channels for irrigation and drainage, canals, lakes, backwaters, water courses all water whetherstanding, or flowing streams, reservoirs, ponds, water beds, fountains, wells, 'Kappus' channels standpipes, and other water reservoirs and any land appertaining there to other than private property shallstand transferred to and shall absolutely vest in the Municipality:Provided that nothing contained in this sub-section shall apply to an irrigation project or anywork connected therewith or any land appertaining thereto.(2) Subject to the provisions of this Act, all rights and liabilities of the Government inrespect of the water-courses, springs, resevoirs, ponds, water beds, fountains, wells, channels,standpipes and other works connected with water shall be vested on the Municipality undersub-section (1) and shall be the rights and liabilities of the municipality from the date of suchvesting.(3) Notwithstanding anything contained in sub-section (1) and sub-section (2), theGovernment may, after consultation with the Municipality and after giving due considerationto its objections, if any, take over the administration of any public water source and the publicland appertaining thereto.(4) It shall be unlawful for any person to reserve or take for himself from any landwhether poramboke or otherwise transferred or vested in the Municipality under this Act,any tree, earth, sand, metal, laterite, limeshell or other valuable articles which may be notifiedby the Municipality, without a permit issued by the Municipality in this behalf and in accordancewith the terms and conditions thereof and on payment of fee or compensation at such rates asmay be fixed by the Municipality.]209. 34 [x xxx]210. Management of public institution.— (1) The management, control andadministration of every public institution maintained exclusively out of the Municipal fund shallvest in the Municipality.(2) When any public institution has been placed under the direction, management and control ofthe Municipality, all property, endowments and funds belonging thereto shall be held by theMunicipality in trust for the purposes to which such property, endowments and funds were lawfully
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THE KERALA MUNICIPALITY ACT, 1994*(
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the State representing constituenci
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243-Z. Audit of accounts of Municip
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12. Provision of urban amenities an
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CHAPTER 1PRELIMINARY1. Short title,
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(23) "market" means any place set a
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(46) "street alignment" means a lin
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(6) Where a Municipality is abolish
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7. Duration of Municipalities and t
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19 [Provided further that in Munici
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e reported by the Secretary to the
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24 [(5) The Chairperson shall call
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(3) The Officer authorised under su
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(2) The number of members of each S
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(e) The Standing Committee for Welf
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(3) A member elected under sub-sect
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34. Obligation of the Standing Comm
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3. Where any member behaves in a di
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(8) The procedure for convening and
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area;(q) to assist the activities o
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- Page 101 and 102: CHAPTER XIVTAXATION AND FINANCE230.
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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