Chapter V FUNCTIONS OF THE GOVERNMENT

POWER OF GOVERNMENT FOR PURPOSES OF CONTROL.—

1. (1) Government or the officer authorised by them in this behalf may inspect any office under the control of the Municipality or any movable property kept therein or any immovable property or any work which is in progress.
2. (2) The Government or the officer authorised by them in this behalf may-
   • (a) call for any document in the Custody of the Municipality;
   • (b) require the Chairperson or the Secretary to furnish any return, plan, estimate, statement, account or statistics;
   • (c) require the Chairperson or the Secretary to furnish any information or report or any matter relating to the Municipality; and
   • (d) record in writing any observation for the consideration of the Council, Chairperson or Secretary, as the case may be, in regard to the proceedings or functions of the Council, Chairperson or Secretary.
3. (3) The Chairperson, Secretary and other officers shall be liable for facilitating the exercise of the powers under sub-section (1) and for fulfilling the requirements under subsection (2).
4. (4) The Government or the officer authorised by them under sub-section (2) shall return to the Municipality any document, register or records received from it within ninety days from the date of its receipt and if necessary, the Government may keep certified copies of the same.
5. (5) The Government may arrange for the conduct of periodical performance audits with respect to the administration of the Municipality and the works and schemes implemented or being implemented by the Municipality in the manner prescribed.

POWER TO SUSPEND AND CANCEL RESOLUTIONS ETC.—

1. (1) The Government may, suo-motu or on a reference by the Chairperson the Secretary, or a Councillor of the Municipality or on a petition received from a citizen, cancel or amend a resolution passed or a decision taken by the council, which in their opinion,-
   • (a) has not been legally passed or taken; or
   • (b) is in excess or abuse of the powers conferred by this Act or any other law; or
   • (c) is likely to endanger human life, health safety, communal harmony or public peace, or is likely to lead to a riot or quarrel; or
   • (d) has violated the guidelines issued by the Government in the matter of implementation of plans, schemes or programmes or the conditions of grants.
2. (2) Before cancelling or amending a resolution or decision under sub-section (1), the Government shall refer the matter for the consideration of the Ombudsman constituted under Section 271 G of the "Kerala Panchayat Raj Act, 1994(13 of 1994) or to the Tribunal for the Local Self Government Institutions constituted under Section 271 S of the said Act and the Tribunal shall, after giving the Municipality an opportunity of being heard, furnish a report to the Government with its finding based on which the Government may cancel, amend or approve that resolution or decision.
3. (3) The Government shall not entertain any petition for cancellation or amendment of any resolution or decision of the council if an alternate redressal is available to the petitioner through the Tribunal under section 509.
4. (4) Where the Government are of opinion that a resolution or a decision of the Council shall be cancelled or amended under sub-section (1), they may temporarily stay the implementation of Such resolution or decision and may direct the council to keep its implementation in abeyance till it is finally disposed of by completing the procedure under sub-section (2).

Power the Government to issue direction to Municipality.—

1. (1) Notwithstanding anything contained in this Act, the Government shall have the power to issue directions to the Municipality in accordance with the National and State policies in matters of finance, maintenance of accounts, office management, selection of schemes, sites and beneficiaries, proper functioning of Ward Sabhas and Ward Committees, welfare programmes, environment control etc. and the Municipality shall comply with such directions.
2. (2) Where default or abuse of power in the implementation of schemes or maintenance of accounts is reported or specific complaint has been received in the matter, the Government may arrange for such enquiry as it deems fit and the Municipality shall co-operate with that enquiry.
3. (3) After such enquiry, the Government may take actions which are necessary and permissible under this Act.

DELEGATION OF POWERS ETC.—

1. (1) The Government may, by notification in the Gazette, authorise one or more officers to exercise any of the powers vested in them under this Act, except the power to make rules, in respect of any Municipality or all Municipalities and in like manner withdraw such authorisation.
2. (2) The exercise of any of the powers delegated under sub-section (1) shall be subject to such restrictions and conditions as may be specified in the notification.

Action by Government in default of Municipal authority ACTION BY GOVERNMENT IN DEFAULT OF MUNICIPAL AUTHORITY.—

1. (1) Where, at any time, it appears to the Government that a Municipal authority has made default in performing any duty imposed on it by or under this Act or any other law for the time being in force, they may, by order in writing, direct such authority to perform the duty within such period, as may be specified, therein, and such authority shall be bound to comply with such direction.
2. (2) If such duty is not performed or such order is not carried out within the period specified under sub-section (1), the Government may, after giving a reasonable opportunity to the Municipality, to its chairperson or to the Secretary, as the case may be, to show cause why further action should not be taken under this section, appoint any officer or authority to perform the duty or to carry out the functions and the expenses to be incurred for that shall be paid from the funds of the Municipality within such time as determined by the Government.
3. (3) If the expenses directed by the Government to be paid from the fund of the Municipality under sub-section (2) is not paid in the manner specified orders may be passed directing the person having the custody of the said fund to pay it in priority to any other charge against that fund, except service charges of authorised loans, or deduct that amount from the share of taxes or any grant due to the Municipality.
4. (4) The person referred to in sub-section (30) shall, as far as the funds in the account of the Municipality permits be liable to comply with the order passed by the Government under that sub-section.

POWER OF GOVERNMENT TO UNDERTAKE CERTAIN WORKS.— The Government may, with the consent of a Municipality, undertake on its behalf the construction of water supply, drainage or any other work, appoint any officer or person to carry out the construction of such works and direct that the expenses including the pay and allowances of such officers be paid from the Municipal fund in priority to any charges except charges for the service of authorised loans.

ANNUAL ADMINISTRATION REPORT,—

1. (1) Every Municipality shall in accordance, with the provisions of this section publish a report of its administration in each year in such form and with such details as the Government may direct, within the thirtieth day of September of the succeeding year and where the report is not published within the said time limit, the Government may withhold the payment of grants due to the Municipality thereafter.
2. (2) The draft of the Administration Report in respect of the institutions, offices and officers under the control of the Municipality shall be prepared by the heads of such institutions and offices and furnish to the Secretary of the Municipality and he shall prepare the draft of the administration report of that Municipality in consultation with the Chairperson and place it before the Standing Committee for Finance for scrutiny and then to the Council for approval.
3. (3) The Administration Report of the Municipality as approved Council and published shall be forwarded to the officer authorised by the Government and that officer shall before the thirty first day of December every year submit to Government a consolidated report containing abstracts of the administration reports of the Municipalities.
4. (4) The Government shall, as soon as may be, after the receipt of the consolidated report lay the same, along with a review report of the Government before the Legislative Assembly in its next session and such laying shall be within forty-five days from the first day of the session.

POWER OF GOVERNMENT TO DISSOLVE MUNICIPALITY.—

1. (1) Before the expiry of a financial year. If the council fails to approve, the budget of the Municipality for the succeeding financial year, and if, for that reason, there is financial crisis to the Municipality or if the majority of the councillors resign or have been disqualified, the Government may, by notification in the Gazette, dissolve the Municipality from such date as may be specified therein and shall forward a copy thereof to the State Election Commission. Provided that before such dissolution, the Municipality shall be given a reasonable opportunity of being heard. (1 A) Where the Government are of opinion that a Municipality consistently makes default in performing the duties imposed on it by law or in carrying out the orders or directions issued in accordance with law by the Government or exceeds or abuses its powers, they may, by notification in the Gazette, dissolve the said Municipality and shall forward a copy thereof to the State Election Commission. Provided that the Government shall, before such dissolution communicate to the Municipality their intention to dissolve the Municipality giving reasons therefore and give the Municipality a reasonable opportunity to show cause against the same and consider its objection or explanation, if any: Provided further that if, after considering the objection or explanation of the Municipality, it is considered that the Municipality shall be dissolved the advice of the Ombudsman constituted under Section 271 G of the Kerala Panchayat Raj Act 1994 (Act 13 of 1994) shall be sought and the final decision shall be taken on the basis of that advice.
2. (2) A Municipality dissolved under sub-section (1) or sub-section (1A) shall be reconstituted within such time as the Government may specify in that behalf which shall not be later than six months from the date of dissolution: Provided that where the remainder of the period for which the dissolved Municipality would have continued is less than six months, it shall not be necessary to hold any election for reconstituting the Municipality for such period.
3. (4) Upon the dissolution of a Municipality under sub-section (1) or sub-section (1 A) all the Councillors, including the Chairperson and the Deputy Chairperson shall forthwith be deemed to have vacated their offices.
4. (6) A Municipality which is constituted upon dissolution before the expiration of its duration shall continue only for the remainder of the period for which the dissolved Municipality would have continued had it not been so dissolved.
5. (7) Every notification issued under sub-section (1) or sub-section (1A) shall, as soon as may be, after it is issued, be laid before the Legislative Assembly while it is in session and if it is not in session, at the commencement of the ensuing session and the approval of the Assembly obtained.

Appointment of Special Officer or Administrative Committee for the administration of Municipality

1. (1) Where the term of a Municipality has been expired and a new Municipality has not been constituted or where a Municipality has been dissolved under Section 64, Government shall, by notification in the Gazette, appoint a Special Officer or an Administrative Committee consisting of not less than three members who are Government employees for the period as may be specified in the notification for the administration of the Municipality: Provided that, the term of appointment shall, not in any case be exceeded six months.
2. (2) The Administrative Committee or the Special Officer appointed under sub-section (1) shall, subject to the control of the Government and to such instructions or directions as the Government may issue, from time to time, have all the powers and functions of the Council, the Chairperson, the Deputy Chairperson and the Committees of the Municipality and take all such actions as may be required in the interests of the Municipality.
3. (3) The Administrative Committee or the Special Officer appointed under sub-section (1) shall, notwithstanding that the period of appointment under the said sub-section has not expired, cease to hold office with effect from the date of reconstitution of the Municipality.