28. Amendment to Act 2 of 1969.—

In the Kerala Parks, Play fields and Open spaces (Preservation and Regulation) Act, 1968,— (1) in section 1,— (i) for sub-section (4), the following sub-section shall be substituted, namely:— "(4) It shall apply to every municipality constituted under section 4 of the Kerala Municipality Act, 1994 (20 of 1994) and every village panchayat constituted under section 4 of the Kerala Panchayat Raj Act, 1994 (13 of 1994)."; (ii) sub-section (5) shall be omitted; (2) in section 2,— (i) for clause (a), the following clause shall be substituted, namely:— "(a) "Executive Authority" means the Secretary of the municipality or the village panchayat as the case maybe;"; (ii) after clause (a), the following clause shall be inserted namely:— "(aa) "local authority" means the village panchayat constituted under section 4 of the Kerala Panchayat Raj Act, 1994 (13 of 1994) or the municipality constituted under section 4 of the Kerala Municipality Act, 1994 (20 of 1994);"; (3) in sub-section (4) of section 4,— (a) for the words "to the Government in writing", the words "to the Appellate Tribunal constituted under section 271S of the Kerala Panchayat Raj Act, 1994" shall be substituted; (b) in sub-section (5), for the word "Government" the words "the Appellate Tribunal" shall be substituted; (c) for sub-section (6), the following sub-section shall be substituted, namely:— "(6) The Appellate Tribunal shall cause the list as received under sub-section (5) to be published in the Gazette."; (4) in section 5,— (i) for sub-section (1), the following sub-section shall be substituted, namely:— "(1) The local authority concerned may, at any time, either suo motu or on the request of any person interested add to, vary or revoke a list published under section 4 after following the procedure in section 5."; (ii) in sub-section (2),— (a) for the word "Government" the words "local authority" shall be substituted; (b) the words "the local authority or" shall be omitted; (iii) in sub-section (3), for the word "Government" the words 'local authority" shall be substituted; (iv) for sub-section (4), the following sub-section shall be substituted, namely :— "(4) The Government shall have power to add to the list only after consulting the local authority."; (e) in section 13,— (i) in the marginal heading, for the words "Control of Government" the words "Role of Government" shall be substituted; (ii) in sub-section (2), for the words and figures, "Ss. 41, 41A and 42 of the Kerala Municipal Corporation Act, 1961 (30 of 1961) or Ss. 43 and 49 of the Kerala Municipalities Act, 1960 (14 of 1961) or Ss. 48 and 56 of the Kerala Panchayat Act, 1960 (32 of I960)", the words and figures "sections 188 and 194 of the Kerala Panchayat Raj Act, 1994 (13 of 1994) or sections 56 and 61 of the Kerala Municipality Act, 1994 (20 of 1994)" shall be substituted. (f) section 13A shall be omitted.