THE KERALA MUNICIPALITY ACT, 1994* - nrcddp

Provided that after the said period, a licence may be renewed subject to such terms andconditions as may be fixed at that time;(c) In all cases except renewal of licence or rehabilitation of a licensee, licence shall begranted only by public auction or tender.(3) Every licence under sub-section (2) shall contain terms and conditions governingthe use and occupation of the building or room or space therein and the rate and time ofpayment of fees and such terms and conditions shall be reduced in writing in the form of anagreement in stamp paper of the appropriate value.(4) No building or room or space let out under sub-section(2) shall be sub-let by thelicensee to any person nor the nature of use changed without the prior approval of the Municipality:Provided that the Municipality may at the instance of a licensee transfer the licence to anyother person subject to such terms and conditions as it may deem fit to impose and upon suchtransfer, it shall be deemed to be a fresh licence for all purposes.(5) Where at any time it appears to the Secretary that any building, room or space letout to any person under sub-section(2) has been sub-let, he shall by order, immediatelycancel the licence issued to such person and direct the person or persons in use and occupationof the building, room or space, as the case may be, to vacate within such time as may bespecified in the order;Provided that the Secretary shall, before issuing an order cancelling the licence andevicting the user or occupier give notice to such person requiring him to show cause within areasonable time to be specified in the notice, why such an order should not be made.(6) Where an order issued under sub-section (5) is not complied with within the timespecified therein, the Secretary shall cause such person or persons to be removed from thebuilding, room or space with the assistance of police and close down the building, room orspace as the case may be, and thereupon all properties found in such premises shall, belong to theMunicipality and shall be disposed of and the proceeds credited to the municipal fund.(7) Every person to whom a licence has been issued under sub-section (2) shall paywithout demand the licence fee and other charges at the rate specified in the agreementwithin such time as may be specified therein.(8) Where any licensee defaults payment of licence fee for a period exceeding theperiod covered by the deposit made in terms of the licence, the Secretary shall, by notice, inwriting, require the defaulter to remit the dues together with such penalty or interest asprovided in the agreement within seven days of service of such notice and in case of failure,he shall immediately cause the premises to be closed down temporarily and the person orpersons in occupation shall be got removed with the assistance of police or otherwise.(9) Notwithstanding the closure of the premises under sub-section (8) the licensee shallcontinue to be the user and occupier of the premises and shall be responsible for the safecustody of the belongings therein, but he shall not break open the premises and re-entertherein and if he does so, he shall be deemed to have committed an offence under section 380of the Indian Penal Code (Central Act 45 of 1860).36. Sub-section (1) substituted by Act J4of 1999. w.e.f. 24-3-199937. Substituted for "subject to such restrictions or limitations if any, as may be imposed by theGovernment in that behalf" by Act 14 of 1999. w.e.f. 24-3-1999,37A.CIause (b) omitted by Act 8 of 1995, w.e.f. 5-8-1995.