Chapter XXV MISCELLANEOUS

POWER OF PERSONS CONDUCTING ENQUIRIES.— Every inspecting or superintending officer holding any enquiry into matters falling within the scope of their duties shall have, for the purposes of such enquiry, the same powers in regard to the issue of summonses for the attendance of witnesses and the production of documents as are conferred upon the revenue officers by the Kerala Enquiries and Summonses Act, 1960 (4 of I960) and the provisions of that Act shall apply to summonses issued and to persons summoned by virtue of the powers conferred by this section.

SUMMONS TO ATTEND AND GIVE EVIDENCE OR PRODUCE DOCUMENTS.— The Secretary may summon any person to attend before him and to give evidence or produce documents as the case may be, in respect of any question relating to taxation or inspection or registration or to the grant of any licence or permission under the provisions of this Act.

FORM OF NOTICES AND PERMISSIONS,— All notices and permission given, issued or granted, as the case may be, under the provisions of this Act shall be in writing.

SIGNATURE ON DOCUMENTS.—

1. (1) Every licence, permission, notice, bill, schedule, summons or other document which is required by his Act or any rule, bye-law or regulation made thereunder to bear the signature of the Chairperson or the Secretary or of any officer of the Municipality shall be deemed to be properly signed if it bears a fascimile of the signature of the Chairperson or the Secretary or of such officer, as the case may be stamped thereon.
2. (2) Nothing in sub-section(l) shall be deemed to apply to a cheque drawn upon the municipal fund or to any deed of contract entered into by the Municipality.

PUBLICATION OF NOTIFICATION.— Save as otherwise provided, every notification under this Act shall be published in the Gazette: Provided that the Government shall have power to direct that any such notification shall, instead of being published in the Gazette, be published in any other manner specified by them.

PUBLICATION OF BYE-LAWS, NOTICES, ORDERS, ETC.—

1. (1) Every bye-law, order, notice or other document directed to be published under this Act shall, unless a different method be specified by this Act or by the Municipality, be written in or translated into the language of the locality and deposited at the office of the Municipality and a copy shall be pasted up in a conspicuous position at such office and such other places as the Council may direct and a publicity that such copy has been so pasted up and that the original is open to inspection at the office of the Municipality shall be made in the municipal area in such manner as the Council may direct.
2. (2) Every bye-law, order, notice or other document referred to under sub-section (1) shall after its publication, be reported to each Ward Committee or Ward Sabha, as the case may be, in its next meeting by the Convenor.

NOTICE OF PROHIBITION OR SETTING APART OF PLACES.— Where the Municipality has set apart any place for any purpose authorised by this Act or has prohibited the doing of anything in any place, the Secretary shall, forthwith, cause to be put up a notice in English and in the language of the locality at or near such place and such notice shall specify the purpose for which such place has been set apart or the act prohibited in such place.

METHOD OF SERVING DOCUMENTS.—

1. (1) Where any notice or other document is required by this Act or any rule, bye-law, regulation or order made thereunder to be served on, or sent to, any person, the service or sending thereof may be effected-
   • (a) by giving or tendering the said document to such person; or
   • (b) if such person is not found, by leaving such document at his last known place of abode or business or by giving or tendering the same to some adult member or servant of his family; or
   • (c) if such person's address elsewhere is known to the Secretary, by sending the same to him by registered post; or
   • (d) if none of the means aforesaid be available, by affixing the same in some conspicuous part of such last known place of abode or business.
2. (2) Where the person is an owner or occupier of any building or land, it shall not be necessary to name the owner or occupier in the document, and in the case of joint owners and occupiers it shall be sufficient to serve it on or send it to, one of such owners or occupiers.
3. (3) Where in any bill, notice, form, or other document served or sent under this Act, a period is fixed within which any tax or other sum is to be paid or any work to be executed, or anything to be provided, such period shall, in the absence of any provision to the contrary, be calculated from the date of such service or sending.

RECOVERY BY OCCUPIER OF SUM LEVIABLE FROM OWNER.— Where the occupier of any building or land makes on behalf of the owner thereof any payment for which, under this Act, the owner but not the occupier is liable, such occupier shall be entitled to recover the same from the owner or may deduct the same from the rent then or thereafter due by him to the owner.

OBSTRUCTION OF OWNER BY OCCUPIER.—

1. (1) Where the occupier of any building or land prevents the owner from carrying out any work in accordance with the provisions of this Act, the Secretary may, by order, require the said occupier to permit the owner, within eight days from the date of service of such order, to execute all such works as may be necessary.
2. (2) Such owner shall, for the period during which he is prevented as aforesaid, be exempt from any fine or penalty to which he would otherwise have become liable by reason of default in executing such works.

EXECUTION OF WORK BY OCCUPIER IN DEFAULT OF OWNER.— Where the owner of any building or land fails to execute any work which he is required to execute under the provisions of this Act or of any rule, bye-law, regulation or order made thereunder, the occupier of such building or land may, with the approval of the Secretary, execute the said work, and shall be entitled to recover from the owner the reasonable expenses incurred in the execution thereof or may deduct the amount thereof from the rent then or thereafter due by him to the owner.

POWER OF ENTRY TO INSPECT, SURVEY OR EXECUTE WORK.— The Secretary or any person authorised by him in this behalf may enter on any building or land, with or without assistants or workmen, to make any inquiry, inspection, test, examination, survey, measurement or valuation or for the purpose of lawfully placing or removing pipes or metres or to execute any other work authorised under this Act or any rule, bye-law, regulation or order made thereunder or which it is necessary for any of the purposes of this Act or in pursuance of any of the said provisions, to make or execute: Provided that-

1. (a) except as otherwise expressly provided under this Act, no such entry shall be made between sunset and sunrise, no dwelling house and no part of a public building used as a dwelling place shall be so entered without the consent of the occupier thereof, unless the said occupier has received at least six hours previous notice of the intention to make such entry;
2. (b) sufficient notice shall be given in every case even when any premises may otherwise be entered without notice, to enable inmates of any apartment set apart for women to move to some part of the premises where their privacy may be preserved; and
3. (c) due regard shall be given, so far as may be compatible with the exigencies of the purpose of the entry, to the social and religious usage of the occupants of the premises.

Power of entry on lands adjacent to works.—

1. (1) The Secretary or any person authorised by him in this behalf may, with or without assistants or workmen, enter on any land adjoining or within fifty metres of any work authorised by this Act or by any rule, bye-law, regulation or order made thereunder, for the purpose of depositing on such land any soil, gravel, stone or other materials or of obtaining access to such work or for any other purpose connected with the carrying on the work.
2. (2) The Secretary or the person authorised by him shall before entering on any land under sub-section (1) give the owner or occupier of such land three days previous notice of the intention to make such entry and state the purpose thereof, and shall, if so required by the owner or occupier, fence off so much of the land as may be required for such purpose.
3. (3) As soon as may be after the completion of the work, any material deposited on any land under sub-section (1) and remaining after the completion shall be removed and the land restored to the original condition.
4. (4) The Secretary shall not be bound to make, tender or deposit any payment before entering on any land under sub-section (1) but as little damage as may be shall be done, and the Secretary shall pay compensation to the owner or occupier of the land for such entry and for any temporary or permanent damage that may result therefrom.
5. (5) Where such owner or occupier is dissatisfied with the amount of compensation paid to him by the Secretary, he may appeal to the Council.

POWER TO CALL FOR INFORMATION FROM VILLAGE OFFICERS.—

1. (1) The Secretary may, with the approval of the Chairperson, by an Order in writing require the concerned Village Officer of the Municipal area to furnish him with such categories of information as may be prescribed, in respect of a Village or any part thereof or any person or property therein and every such order shall be complied with by the Village Officer.
2. (2) Where the Village Officer fails to comply with an order issued under sub-section (1) the Secretary may report the matter to the District Collector and the District Collector shall initiate, disciplinary action against the Village Officer and make arrangements for furnishing the information required by the Secretary.

ACT OF COUNCIL, ETC., NOT TO BE INVALID.— No Act or proceedings of the Council of a Municipality or a Standing Committee or any other Committee thereof shall be invalid merely by reason of any-

1. (i) defect in its constitution;
2. (ii) vacancy therein; or
3. (iii) irregularity or illegality in the election of a person to, or disqualification of a person to hold or continue in, any of the offices of a Council or a Committee.

Consequences of failure to obtain licences, etc., or of breach of the same.

1. (1) Where, under this Act or any rule, bye- law or regulation made thereunder, the licence permission of the Municipality or the Secretary of registration with the Municipality is necessary for the doing of any act and where such act is done without such licence or permission registration or in a manner inconsistent with the terms of any such licence or permission-
   • (a) the Secretary may, by notice, require the person doing such act to alter, remove, as far as practicable, restore, to its original state the whole or any part of any property, movable or immovable, public or private affected thereby within a time to be specified in the notice; or
   • (b) the Secretary or any officer duly authorised by him may enter any building or land where such act is done and take all such steps as may be necessary to prevent the continuance of such act.
2. (2) Where the notice under sub-section (1) is not complied with, the Secretary may seize the unlicensed article or articles kept in unlicensed premises and all the articles seized shall be disposed of in the manner provided for the disposal of articles seized under section 474; Provided that where the articles are released, an undertaking shall be obtained from the person obtaining the release that he shall comply with the provisions relating to licence, permission or registration under this Act or any rule, bye-law or regulation made thereunder or the terms of the licence, permission or registration as the case may be.
3. (3) Where no penalty has been specifically provided in this Act for the doing of such act, the person so doing shall be liable, on conviction, to a fine not exceeding five hundred rupees for such offence.
4. (4) No claim shall lie against the Secretary or any other person authorised by him for any damage or inconvenience caused by the exercise of the power under this section or by use of force necessary for the purpose of carrying out the provisions of this section.
5. (5) Notwithstanding anything contained in sub-section (1) or sub-section (2), the Secretary or any officer authorised by him in writing in this behalf may, if satisfied that immediate action is necessary, cause it to be closed any trade, business or premises which is held or kept open, in respect of which a licence, permission or registration has to be obtained under the provisions of this Act or any other Act from the Municipality, but has not been so obtained or the licence, permission or registration has been refused, withheld, revoked or suspended.

Time for complying with order and power to enforce in case of default.—

1. (1) Where by any notice, requisition or order under this Act, or any rule, bye-law or regulation made thereunder, any person is required to execute any work or to take any measures or do anything, a reasonable time shall be specified in such notice, requisition or order within which the work shall be executed, the measures taken or the thing done.
2. (2) Where such notice, requisition or order is not complied with, within the time so specified, the Secretary may cause such work to be executed or may take any measures or do anything which may, in his opinion, is necessary for giving due effect to such notice, requisition or order.
3. (3) Where no penalty has been specifically provided, in this Act for failure to comply with such notice, requisition or order, such person shall, on conviction, be liable to a fine not exceeding five hundred rupees for such offence.

RECOVERY OF EXPENSES FROM PERSONS LIABLE AND LIMITATION OF LIABILITY OF OCCUPIER.—

1. (1) The Secretary may, recover any reasonable expenses incurred under section 533 from the persons or anyone of such persons to whom a notice, requisition or order was addressed, and may, in executing the work or taking the measures or doing the acts under the said section utilise, any materials found on the property concerned or may sell them and apply the sale proceeds in or towards the payment of the expenses incurred.
2. (2) Where the person to whom a notice is given is the owner of the property in respect of which it is given, the Secretary may (whether any action or other proceeding has been brought or taken against such owner or not) require the person, if any, who occupies such property, or any part thereof under the owner, to pay to the Municipality instead of to the owner, the rent payable by him in respect of such property, as it falls due upto the amount recoverable from the owner under sub-section (1) or to such smaller amount as the Secretary may think proper, and any amount so paid shall be deducted from the amount payable by the owner.
3. (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 paid by him as rent on account of such property and as to the name and address of the person to whom it is payable and such occupier shall be bound to furnish such information.
4. (4) The provisions of sub-section (2) shall not affect any contract between the owner and the occupier respecting the payment of any such expenses.

RELIEF TO AGENTS, TRUSTEES, ETC.—

1. (1) Where any person by reason of his receiving the 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 to a 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 is required, he shall not be bound to discharge the obligation unless he has, or but for his own improper act or default, might have had in his hands, funds belonging to the owner sufficient for the purpose.
2. (2) The burden of proving the facts entitling a person to relief under this section shall lie on such person.
3. (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 of or for the use of the owner to discharge such obligation and if he fails to comply with such notice, he shall be deemed to be personally liable to discharge such obligation.

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 thinks fit, take an agreement from the person liable for the payment thereof, to pay the same in instalments of such amounts and at such intervals as will secure the payment of the whole amount due, with interest thereon at the rate of A [twelve percentage] per annum within a period of not more than five years.

POWER OF MUNICIPALITY TO PAY COMPENSATION.— In any case, not otherwise expressly provided for in this Act the Secretary may, with the approval of the Council, pay compensation to any person who sustains damage by reason of the exercise by any municipal authority, 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.

| Provided that no person shall be eligible for compensation under this section if he contravenes any of the provisions of this Act, rules, bye-laws or regulations and sustains damage thereby.]

RECOVERY OF SUMS DUE AS TAXES.—

1. (1) All costs, damages, penalties, compensation, charges, fees (other than school fees), expenses, rents, contributions and other sums which under this Act or any other law or rules or bye-laws made thereunder or under any contract made in accordance with the provisions of this Act, the rules or bye-laws thereunder are due by any person to the Municipality may, in the absence of any specific provisions in this Act for their recovery, be demanded by bill as provided in the rules and be recovered in the manner provided therein.
2. (2) Notwithstanding anything contained in this Act, any sum found legally due by any person to the Municipality under the provisions of this Act, the rules or bye-laws made thereunder, if not paid on the due date shall be recovered together with "penalty at the rate of one percent per mensum" from the date from which it was due:

LIMITATION FOR RECOVERY OF DUES LIMITATION FOR RECOVERY OF DUES.—

1. (1) No distraint shall be made, no suit shall be instituted and no prosecution shall be commenced in respect of any sum due to a Municipality under this Act after the expiration of a period of three years from the date on which distraint might first have been made, suit might first have been instituted, or prosecution might first have been commenced, as the case may be, in respect of such sum: Provided that in the case of assessments made under section 282 the said period of three years shall be computed from the date on which distraint might have been made, suit instituted, or prosecution commenced, after the assessment under the said section shall have been made.
2. (2) Where any amount due to the Municipality has been barred by limitation under subsection (1) due to the default of not taking steps at the appropriate time, and it is found in a lawful enquiry that it was lost due to the default of any officer or officers, the amount so lost to the Municipality shall be realised with twelve per cent interest thereon from such officer or officers.

PROCEDURE IN DEALING WITH SURPLUS SALE PROCEEDS.— Where any property movable or immovable, is sold under the provisions of this Act and where there is a surplus after the sum due to the Municipality and the costs have been deducted from the sale proceeds, such surplus shall, if the owner of the property sold claims it within three years from the date of the sale, be paid to him by the Secretary, but if no such claim is preferred within such time, the said surplus shall be credited to the municipal fund and no suit shall lie for the recovery of any sum so credited.

PERSONS EMPOWERED TO PROSECUTE.— No person shall be tried for any offence against the provisions of this Act or if any rule, bye-law or regulation made thereunder, unless a complaint is made by the police, or Secretary or by a person authorised in this behalf by the Council or the Secretary within twelve months of the commission of the offence. But nothing herein shall affect the provisions of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974) in regard to the power of certain Magistrates to take cognizance of offences upon information received or upon their own knowledge or suspicion: Provided that failure to take out a licence, obtain permission or secure registration under this Act shall, for the purpose of this section, be deemed a continuing offence until the expiration of the period, if any, for which the licence, permission or registration is required and, if no period is specified, complaint may be made at any time within eighteen months from the commencement of the offence.

1. (1) Where am fine or costs imposed or assessed by a Magistrate under this Act or any rule or bye-law made thereunder has not been paid, the Magistrate may, subject to the provisions of section 64 to 70 (both inclusive) of the Indian Penal Code, 1860 (Central Act 45 of 1860) order the offender to he imprisoned in default of such payment.
2. (2) Any fine or costs imposed or assessed by a Magistrate under sub-section (1) shall be recoverable by such Magistrate under the Code of Criminal Procedure, 1973 (Central Act 2 of 1974) as if it were a fine imposed by him and the same shall on recovery be paid to the Municipality.

1. (1) Where on account of any act or omission, any person has been convicted of an offence against the provisions of this Act or any rule or bye-law made thereunder and by reason of such act or omission, damage has been caused to any property owned by or vesting in the Municipality, the said person shall pay compensation for such damage, notwithstanding any punishment to which he may have been sentenced for the said offence.
2. (2) Where there is dispute in respect of the amount of compensation payable by the person under sub- section (1), the same shall, on an application made for the purpose, by the Secretary, not later than three months from the date of conviction, be determined by the court by which he was convicted of the said offence, and in default of payment of the amount of compensation so determined, the same shall be recovered under a warrant issued from the said court as if it were a fine imposed by that court on the person liable therefor.

1. (1) No suit shall be instituted against a Municipality or any Municipal authority or any officer or other employee of a Municipality or against any person acting under the order or direction of a Municipal Authority or any officer or employee of a Municipality in respect of any act done or purported to have been done, in pursuance of this Act or any rule, regulation or bye-law made thereunder until the expiration of two months after notice in writing to the Municipality and, in the case of such officer, employee or person, unless notice in writing has also been delivered to him in person or at his office or place of residence, and unless such notice states explicitly the cause of action, the nature of the relief sought, the amount of compensation, claimed and the name and place of residence of the intending plaintiff, and unless the plaint contains a statement that such notice has been so delivered.
2. (2) Nothing in sub-section (1) shall be deemed to apply to a suit in which the only relief claimed is an injunction which object would be defeated by the giving of the notice or the postponement of the institution of the suit.
3. (3) Every such suit shall be instituted within six months after the date on which the cause of action arose or in cases of continuing injury or damage, during such continuance or within six months after the causing thereof.
4. (4) Where any person to whom any notice is given under sub-section (1), tenders amends to the plaintiff before the suit is instituted, and if the plaintiff does not recover in any such action more than the amount so tendered he shall not recover any costs incurred after such tender by the person to whom such notice has been given and the defendant shall be entitled to costs as from the date of tender.
5. (5) Where the defendant in any such suit is the Chairperson, the Secretary, an officer or other employee of a Municipality, payment of the sum, or any part thereof, payable by him in or inconsequence of the suit, whether in respect of costs, charges, expenses, compensation for damages or otherwise, may be made with the sanction of the Council, from the municipal fund.

The Secretary may-(a) institute, or withdraw from proceeding against any person who commits-

1. (i) any offence against the provisions of this Act, or the rules, bye-laws or regulation made thereunder;
2. (ii) any offence which affects or is likely to affect any property or interest of the Municipality, or the due administration of this Act;
3. (iii) any nuisance whatsoever;

1. (b) compound any offence against the provision of this Act or the rules, bye-laws or regulations made thereunder which are declared compoundable by or under this Act;
2. (c) with the approval of the Council-

1. (1) institute, withdraw from or compromise proceedings for the recovery of expenses or compensation claimed to be due to the Municipality;
   • (ii) withdraw or compromise any claim against any person in respect of a penalty payable under a contract entered into with such person by the Secretary; {iii) defend any suit or other legal proceeding brought against the Municipality or against any municipal authority or officer or employee of the Municipality in respect of anything done or omitted to be done in official capacity;
   • (iv) compromise any claim, suit or legal proceedings brought against the Municipality or against any municipal authority, officer or employee of the Municipality in respect of anything done or omitted to be done in official capacity;
   • (v) institute any suit or withdraw from or compromise any suit or claim, which has iven instituted in the name of the Municipality or of the Secretary;
   • (d) obtain such legal advice and assistance as he may, from time to time, think necessary or expedient to obtain, or as he may be desired by the Council to obtain, for any of the purposes mentioned in the foregoing clauses of this section or for securing the lawful exercise or discharge of any power or duty vesting in or imposed upon any municipal authority or officer or employee of the Municipality.

Indemnity to the Government, Municipal authorities, officers and agents.— No suit shall be maintainable against the Government, any officer of the Government or any Chairperson, Secretary, officer or employee or any person acting under the direction of any Chairperson or Secretary, officer or employee of a Municipality in respect of anything in good faith done under this Act or any rule, bye-law, regulation or order made under it.

LIABILITY OF CHAIRPERSON, SECRETARY AND COUNCILLORS FOR LOSS, WASTE OR MISAPPLICATION.—

1. (1) Notwithstanding anything contained in section 67, the Chairperson, every Councillor and the Secretary shall be liable for the loss, waste or misapplication of any money or other property owned by or vested in a Municipality if such loss, waste or misapplication is a direct consequence of their neglect or misconduct and a suit for compensation may be instituted against them by the Municipality or by any tax-payer of the Municipal area.
2. (2) Every such suit shall be instituted within three years after the date on which the cause of action arose.

SANCTION FOR PROSECUTION OF CHAIRPERSON, SECRETARY OR COUNCILLOR.— Where the Chairperson, any Councillor or the Secretary of a Municipality is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty, no court shall take cognizance of such offence except with the previous sanction of the Government.

ASSESSMENT ETC., NOT TO BE IMPEACHED.—

1. (1) No assessment or demand made and no charge imposed under this Act shall be impeached or affected by reason of any clerical error or any mistake in respect of the name, residence, place of business or occupation of any person or in the description of any property or thing, or in respect of the amount assessed, demanded or charged, provided the provision of this Act have been substantially complied with and no proceedings under this Act shall, merely for defect in form, be quashed or set aside by any court.
2. (2) No suit shall be instituted in any court to recover any sum of money collected under this Act or to recover damages on account of any assessment, or collection of money so made, provided the provisions of this Act have been substantially complied with.
3. (3) No distraint or sale under this Act shall be deemed unlawful, nor shall any person making the same be deemed as trespasser, on account of any error, defect or want or form in the bill, notice, schedule, form summons, notice of demand, warrant of distraint, inventory or other proceedings relating thereto if the provisions of this Act, the rules and bye-laws have been substantially complied with:

DUTIES OF POLICE OFFICER DUTIES OF POLICE OFFICER.—

1. (1) It shall be the duty of every police officer—
   • (a) to communicate without delay to the proper officer of a Municipality any information which he receives of the design to commit or of the commission of any offence under this Act or any rule, bye-law or regulation made thereunder; and
   • (b) to assist the Chairperson, the Secretary or any Officer or employee of a Municipality demanding his aid for the exercise of any power vested in them under this Act in or any rule, bye-law or regulation made thereunder.
2. (2) Any Police Officer who omits or refuses to perform any duty imposed on him by this Act shall be deemed to have committed an offence under clause (d) of section 41 of the Kerala Police Act, 1960 (5 of 1960).

Power of police officer to arrest persons.—

1. (1) Where any police officer sees any person committing an offence against any of the provisions of this Act or of any rule or bye law made thereunder he shall, if the name and address of such person are unknown to him and if the said person, on demand, declines to give his name and address or gives a name and address, which such officer has reason to believe to be false, arrest such person.
2. (2) No person arrested under sub-section (1) shall be detained in custody—
   • (a) after his true name and address are ascertained, or
   • (b) without the order of a Magistrate, for any longer time, not exceeding twenty four hours from the hour of arrest, than is necessary for producing him before a Magistrate.

Exercise of powers of police officers, by employees of Municipality,— The Government may, by order, empower any employee or any class of employees of a Municipality to exercise the powers of a police officer for the purposes of this Act.

APPLICATION OF TERM PUBLIC SERVANT TO OFFICERS AND EMPLOYEES OF MUNICIPALITY, AGENTS AND SUB AGENTS.— Every officer or employee of a Municipality, every contractor or agent for the collection of any municipal tax, fee or other sum due to the Municipality and every person employed by any such contractor or agent for the collection of such tax, fee or sum shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code, 1860 (Central Act 45 of 1860).

Prohibition of obstruction of municipal authorities, employees and CONTRACTORS.— No person shall obstruct or molest the Council, the Chairperson, any Councillor, the Secretary or any person employed by the Municipality or any person with whom a contract has been entered into on behalf of the Municipality in the performance of their duty or of anything which they are empowered or required to do, under this Act or of any rule, bye-law, regulation or order made thereunder.

PROHIBITION OF REMOVAL OF MARK.— No person shall remove any mark set up for the purpose of indicating any level or direction incidental to the execution of any work authorised by this Act or any rule, bye-law or order made thereunder.

PROHIBITION AGAINST REMOVAL OR OBLITERATION OF NOTICE.— No person shall, without authority in that behalf, remove, destroy, deface or otherwise obliterate a notice exhibited in a public place, worksite or any other place under the authority of the Municipality.

Prohibition of unauthorised dealings with public place or materials.— No person shall, without authority in that behalf, remove earth, sand or other material from or deposit any matter in or make any encroachment on any land vested in the Municipality, or river, estuary, canal, backwater or water course (not being private property) or in any way obstruct the same.

RECOVERY OF ADMINISTRATION COST FOR MAKING FRIVOLOUS COMPLAINT ETC.— Where, upon such enquiry or otherwise, the Secretary is satisfied that any complaint filed against any person acting under this Act is frivolous or vexatious or unfounded or without bona fides the Secretary may direct the person making the complaint to pay the reasonable cost incurred by the Municipality in pursuing action on the complaint and such cost shall be recoverable from such person as if it were an arrear of property tax under this Act:

OFFENCES BY COMPANIES OFFENCES BY COMPANIES.—

1. (1) Where the person committing any offence under this Act is a company, the company as well as every person who is in charge of and responsible to the company for the conduct of its business at the time of the commission of the offence shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge, or that he exercised all due diligence to prevent the commission of such offence.
2. (2) Notwithstanding anything contained in sub-section (1), where any offence under this Act has been committed by a company, and it is proved that the offence has been committed with the consent or connivance of, or that the commission of the offence is attributable to any neglect on the part of any Director, Manager, Secretary or other officer of the company, such Director, Manager, Secretary or other officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation.— For the purpose of this section-
   • (a) 'Company' means any body corporate and includes a firm or other organisation or association of persons or a Co-operative Society;
   • (b) Director in relation to a firm, means a partner in the firm.

SPECIAL PROVISIONS IN THE CASE OF NEWLY CONSTITUTED MUNICIPALITY.—

1. (1) Notwithstanding anything contained in this Act where a Municipality is constituted for the first time under section 4, the Government, shall appoint a Special Officer or an Administrative Committee consisting of not less than three members who are officers of Government not inferior to the Secretary to exercise the powers, perform the functions and discharge the duties of the Chairperson, Standing Committees and Council of the Municipality.
2. (2) The State Election Commission shall cause arrangements for election so that newly elected Chairperson and Councillors may assume office within six months from the date on which the notification under sub-section (3) of section 4 constituting the area to be a Municipality takes effect.
3. (3) Where a Special Officer is appointed under sub-section (1), the powers, functions and duties of the concerned Municipality and of its Chairperson the Deputy Chairperson and the Standing Committees shall be exercised and performed by the Special Officer and if an Administrative Committee is appointed, the powers, functions and duties of the Municipality shall be exercised and performed by such committee and those of the Chairperson and Deputy Chairperson shall be exercised and performed by the members of the Committee as authorized by the Government in the notification issued under sub-section (1):

Adjudication of disputes between local authorities Adjudication of disputes between local authorities.—

1. (1) Where a dispute exists between any Municipality and any Panchayat or between or among Municipalities with regard to any matter arising under the provisions of this or any other Act and the parties are of opinion that they are unable to settle it amicably among themselves, the Government may take cognizance of the dispute, and—
   • (a) decide it themselves; or
   • (b) refer it to the Tribunal constituted under Section 271 of the Kerala Panchayat Raj Act, 1994 (13 of 1994) or to the Joint Committee constituted under Section 45 and report;
2. (2) The report referred to in clause (b) of sub-section (1) shall be submitted to Government who shall decide the dispute in such manner as they deem fit and such decision shall be binding on the disputing parties.

Reference to Chairman in other enactments and notifications, etc., issued thereunder.—

1. (1) Any reference to the Chairman contained in any enactment in force in the State or in any notification, order, scheme, rule from or bye-law made under such enactment and in force in the State shall be construed as a reference to the Chairperson under this Act and where such reference relates to the executive functions of the Chairman, be construed as a reference to the Secretary.
2. (2) Where any question arises as to whether any such reference relates to the executive functions of the Chairman or not, the decision of the Government shall be final.

Jurisdiction of Civil Courts barred.— No civil Court shall have jurisdiction to entertain any suit, application or petition challenging the legality or propriety of any action taken by or under the authority of the Secretary under any provisions comprised in Chapters XVII, XV1I1 and XIX or the rules and regulations, if any, made thereunder.

Citizens charter to be published.—

1. (1) Every Municipality shall in the manner prescribed, formulate and publish in the name of "citizens' charter" in respect of the categories of services made available by the Municipality to the citizens, its conditions and the time limit within which it is made available;
2. (2) The "Citizens' Charter" shall be renewed and updated periodically at least once in a year.

Power to remove difficulties.—

1. (1) If any difficulty arises in giving effect to the provisions of this Act the Government may, be order, as occasion requires, do anything not inconsistent with the provisions of this Act which appears them to be necessary for the purpose of removing the difficulty.
2. (2) No order under sub-section (1) shall be made after the expiry of two years from the date of commencement of this Act.
3. (3) Every order made under sub-section (1) shall be laid before the Legislative Assembly within fourteen days after it is made if it is in session or at the commencement of the next session of the Legislative Assembly if it is not in session.