Chapter VII SUPPLEMENTAL PROVISIONS

Every trustee, cvery officer and servant of the Board, and every member, ofllecr and servant of the Tribunal, shall be deemed to be a public scivant within the meaning of section 21 of the Indian Penal Code. (Central Act 45 of 1860)

vants of the Central or State Government employed under this Act.—The Board shall be lable to pay such contributions for the leave allowances "and pensions of any servant of the Central or State Gevernment employed as Chaiiman or as an officer or servant of the Board, or as a member, officer or servant of the Tribunal, as may be required by the conditions of his service under the Central or State Government, (0 be paid by him or on his behalf.

City to which provisions of the present Act have been applied.—(1) When all or any provisions of this Act have been apphed to any area m the neigh- bourhood of the City under sub-section (2) of section 1, the Govern- ment may, by notification, declare that all or any of the provisions of the Trivandrum City Municipal Act shall be extended to and be in force in, such area.

1. (2) The provisions so notified shall be constiued with such al- terations not affecting the substance as may be necessaiy or proper for the purpose of adapting them for such area.
2. (3) Without prejudice to the generality of the foregoing provi- sion, except in so far as the notification issued under sub-section (1) may otherwise direct, all references in the provisions so extended to the Corporation or the Council or a standing committee thereof shall be construed as references to the Board, all references to the Commissioner as references to the Chairman, all references to any other officer or ser- vant of the Corporation as references to the corresponding officer or servant of the Board, and all references to the limits oF the City as re- ferences to the Jimits of such area—
3. (4) When all or any of the provisions of the Trivandrum City Municipal Act are extended under sub-section (I) to any area—
   • (a) the Travancore District Mumcipaltics Act, 1116, or the Travancore-Cochin Panchayats Act, 1950, as the casc may be, in so far as the same may be 1n force in such area, shall be deemed to be repealed therein, and
   • (b) except in so far as the notification issued under sub-section
4. (1) may otherwise direct, the rules, by-laws, regulations, orders, directions and powers, made, issued or conferred under the provisions of the Trivandrum City Municipal Act, which have been so extended and are in force on the date of such extension, shall apply to the said area, in supersession of the corresponding rules, by-laws, regulatious, orders, directions and powers (if any) made, issued or conferred under the Travancore District Municipalities Act, 1116, or the Travancore- Cochin Panchayats Act, 1950, as the case may be. ' 143. Publication vd notafications under sections 1 (2) and 142 (1) tn draft for criticism.—(1) Before publishing a notification under sub-section (2) of section 1, or sub-section (1) of section 142, in respect of any area, the Government shall publish a draft of the same in the Gazette. i (2) Any rate-payer or inhabitant of such area may, if he objects to the draft, submit his objection in writing to the Government within six weeks fiom its publication, and the Government shall take such objection nto consideration. R

core Town Planning Act, 1108.—In any area to which this Act applies, the Government may, by notification, declare that from such date as may be specified therein, the Corporation or a standing committee thereof or the Commissioner of the Corporation shall not exercise or dischaige any powers or functions under the Travancore Town Planning Act, 1108, and that subject to such restrictions and modifications, if any, as may be specified in the noufication.

1. (2) the powers and functions of the Corporation or a standing committee thereof under the said Act shall be exercised and discharged by the Board; and
   • (u) the powers and functions of the Commissioner of the

Board and Chairman lo exercise powers and functions under the Trivan- drum City Municipal Act.—(1) In any area in respect of which an im- provement scheme is in force, the Covernment may, by notification, declare that, for the period during which such scheme remains in force and subject to such restrictions and modifications, if any, as may be specified 1n the notification.

1. (i) the powers and functions of the Corporation or a standing commuttee thereof under the Trivandrum City Municipal Act shall be exercised and discharged by the Board, and (i1) the powers and functions of ihe Commissioner of the Corporation under the said Act shall be exercised and discharged by the Chairman.

1. (2) The Board or the Chairman may delegate any of the functions : exercisable by it or him under sub-section (1) to any officer or servant i of the Board.
2. (3) The exercise or discharge of any of the powers or functions i delegated under sub-section (2) shall be subject to such limitations, conditions and control as may be laid down by the Board or the

Powers of the Board for facilitating movement of the population.— With a view to facilitating the movement of the population in and around the City of Trivandrum, the Board may, from time to time.

1. (1) subject to any condition it may think fit to impose.
   • (a) guarantee the payment, from the funds at its disposal, o such sums as it may think fit, by way of interest on capitnl expenditure on the construction, maintenance or working of means of" locomotion;
2. (6) make such payments as it may think fit from the said funds, by way of subsidy to persons undertaking to provide, maintain and work means of locomotion; or
3. (2) either singly or in combination with any other person, construct, maintain and work any means of locomotion, under the provisions of any law applicable thereto; or .
4. (3) construct or widen, strengthen or otherwise improve, bridges Provided that no guarantee or subsidy shall be made under clause (1), and no means of locomotion shall be constructed, maintained or worked under clause (2), without the sanction of the Government.

Nothing in this Act shall be deemed to affect the provisions of the Indian Telegraph Act, 1885, or the Indian Railways Act, 1890, or the Imlian Electricity Act, 1910, or the Electricity (Supply) Act, 1948.

No court other than that of a Magistrate of the First Class shall try any offence against this Act oi any rule made thereunder.

any offence against this Act or any rule made there-under unless complaint of such offence is made before a Magistrate of the First Class within three months next after the commission thereof.

The Chairman may, subject to the contro Jof the Board— |

1. (a) institute, defend or withdraw from legal proceedings under this Act any rule made thereunder;
2. (b) compound any offence against this Act on any rule made thereunder which, under any law for the time being in force or the rules prescribed by the Government, may lawfully be compounded;
3. (c) admit, compromise or withdraw any claim made under this Act or any rule made thereunder; and
4. (d) obtain such legal advice and assistance as he may, from time to time, think it necessary or expedient to obtain or a+ he may be desired by the Board to obtain, for any of the purposes referred to in the foregoing clauses of this section, or for securing the lawful exercise or discharge of any power or duty vested in or imposed upon the Board or any officer or servant of the Board.

the Board, or any Trustee, or any officer or servant of the Board or any person acting under the direction of the Board or of the Chairman or of any officer or servant of the Board, in respect of anything lawfully and in good faith done under this Act or any rule made thereunder. -

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No suit shall be instituted against the Board, or any Trustee, or any officer or servant of the Board, o1 any person acting under the direction of the Board or of the Chairman or of any officer or servant of the Board, in respect of any act purporting to be done under this Act or any rule made thereunder until the expiration of one month next after within notice has been delivered or left at the Board's office or the place of abode of such officer, servant or person, stating the cause of action, the name and place of abode of the intending plaintiff and the 1elief which he claims, and the plant must contain a statement that such notice has been so delivered or left.

Police and hissubordinates shall be bound to co-operate with the Chairman for carrying into effect and enforcing the provisions of this

t.

1. (2) It shall be the duty of every police officer—
2. (1) to communicate without delay to the proper officer or servant of the Board any information which he receives of a design to commut or of the commission of any offence against this Act or any rule made thereunder, and
   • (ii) to assist the Chairman or any officer or servant of the Board reasonably demanding his aid for the lawful exercise of any over vesting 1n the Chairman or in such officer or servant under this Act or any rule made thereunder.

1. (1) Any police officer not below the rank of a head constable may arrest any person who commits, in his presence, any offence against this Act or any rule made thereunder, if the name -or address of such person be unknown to him, and if such person, on demand, declines to give his name or address, or gives a name or addiess with such officer has reason to believe to be false.
2. (2) No person so arrested shall be detained in custody after his true name and address are ascertained, or for any longer time than is necessary for bringing him before a Magistrate. In no case shall such detention exceed twenty-four hours from the time of arrest without the orders of a Magistrate.

Board. —Whenever under this Act or any rule made thereunder, the doing or the omission to do anything or the validity of anything i depends upon the approval, sanction, consent, concurrence, declara- tion, opinion or satisfaction of—

1. (a) the Board or the Chairman, or—
2. (b) any officer or servant of the Board, Hi . a written document, signed in case (a) by the Chairman, and in case +L (b) by the said officer or servant, conveymg or setting forth such A approval, sanction, consent, concurrence, declaration, opinion or satis- > + faction, shall be sufficient evidence of such approval, sanction, consent, » .V° concurrence, declaration, opinion or satisfaction. R rN 156. Validation of acts and proceedings.—(1) No act done or proceed- 4 > ing taken under this Act shall be questioned on the ground merely of— . ' [ . ! Is
3. (a) the existence of any vacancy in, or any defect in the consti- tution of, the Board or any Committee; or
4. (b) any person having ceased to be a Trustee; or
5. (c) any Trustee, or any person associated with the Board under section 17, or any other member of a Committee appointed under this Act, having voted or taken any other part in any proceeding 1n contra- vention of section 20; or
6. (d) the failure to serve a notice under section 49 on any person, where no substantial injustice has resulted fiom such failure; or
7. (e) any omission, defect or irregularity not affecting the merits of the case.

1. (2) Every meeting of the Board, the minutes of the proceedings of which have been duly signed as prescribed in clause (h) of section 16, shall be deemed to have been duly convened and to be free from all defect and irregularity.

otherwise expressly provided for in this Act, the Board may pay reason- able compensation to any person who sustains damage by reason of the exercise of any of the powers vested by or under this Act in the Board or the Chairman or any officer or servant of the Board.

1. (1) If, on account of any act or omission, any person has heen convicted of any offence against this Act or any rule made thereunder and, by reason of the same act or omission of the said person, damage has occurred to any property of the Board, compensation shall be paid by the said person for the said damage, notwithstanding any punishment to which he may have been sentenced for the said offence.
2. (2) In the event of dispute, the amount of compensation payable by the said person shall be determined by the Magistrate by whom he was convicted of the said offence.
3. (3) If the amount of any compensation due under this section be not paid the same shall be recovered under a warrant from the said Magistrate, as if it were a fine imposed by him on the person hable therefor.

Every public notice given under this Act or any rule made thereunder shall lye in writing over the signature of the Chairman, and shall be widely made known in the locality to be affected thereby, by affixing copies thereaf in conspicuous public places within the said locality, or by publishing the same by beat of drum or by advertisement in local newspapers, or by any two or more of these means, and by any other means that the Chairman may think fit.

Newspapers in which advertisements or notices are to be published — Whenever it is provided by this Act or any rule made thereunder that notice shall be given by advertisement in local newspapers, or thata notification or any information shall be published in local newspapers, such notice, notification or information shall be inserted in at least two newspapers published in any language or languages of the State.

~Every notice or bill, which isrequired by this Actoi by any rule made thereunder to bear the signature of the Chairman or of any other Trustee or of any officer or servant of the Board, shall be deemed to be properly signed if it bears a facstmile of the signature of the Chairman or of such other Trustee or of such officer or servant, as the case may be, stamped thereupon.

document 1s required bv this Act or any rule made thereunder to be served upon or issued or presented to any person, such service, issue or presentation shall be effected—

1. (a) by giving or tendering such document to such persons ; or
2. (b) if such person is not found, by leaving such document at his 1ast known place of abode in the City of Trivandrum, or by giving or tendering the same to some adult male member or servant of his family; or ’ (c) if such person does not reside in the City of Trivandrum, and ' his address elsewhere is known to the Chairman, by forwarding such document to him by registered post under cover bearing the said address ; or
3. (d) if none of the means aforesaid be available, by causing a copy of such document to be affixed on some conspicuous part of the building or land (if any) to which the document relates.

The Board may—

1. (a) cause a survey of any land to be made, whenever it considers that a survey is necessary or expedient for carrying out any of the pur- poses of this Act, or .
2. (b) contribute towards the cost of any such survey made by any other local authority. 164. (1) Power of entry—The Chairman or any person either gene- rally or specially authorised by the Chairman in this behalf may, with or without assistants or workmen, enter into or upon any land, in order—
3. (a) to make any inspection, survey, measurement, valuation or inquiry, !
4. (b) to take levels, |
5. (c) to dig or bore into the sub-soil,
6. (d) to set out boundaiies and intended lines of work, ! (¢) to mark such levels, boundaries and lines by placing marks i R and cutting trenches, or |
7. (f) to do any other thing, whenever it is necessary to do so for any of the purposes of this Act or any rule made or scheme sanctioned thereunder or any scheme which H
   • • the Board intends to frame thereunder : Provided as follows: —
8. (a) no such entry shall be made between sunsetand sunrise
9. (b) no dwelling house, and no public building or hut which is used as a dwelling place, shall be so entered, unless with the consent of the occupier thereof, without giving the said occupier at least twenty- four hours previous written notice of the intention to make such entry ; R
10. (c) sufficient notice shall in every instance be given, even when any premises may otherwise be entered without notice, to enable the inmates of any apartment appropriated to women to remove themselves to some part of the premises where their privacy will not he disturbed ;.
11. (d) due regard shall always be had, so far as may he compatible with the exigencies of the purpose for which the entry is made, to the social and religious usages of the occupants of the premises entered.

1. (2) Whenever the Chairman or a person authorised under sub- section (1) enters into or upon any land in pursuance of that sub-sec- tion, he shall at the time of such entry pay or tender payment for all necessary damage to be done as aforesaid; and, in case of dispute as to the sufficiency of the amount so paid or tendered, he shall at once sefer the dispute to the Board, whose decision shall be final.

165, Punishment for acquiring share or interest in contract, etc., with the Board.

166, Penalty for removing fence, etc., in street,

167, Penalty for building within street alignment or building ine.

Board. —1f any Trustee, or any officer or servant of the Board, knowingly acquires, directly or indirectly, by himself or hy any partner employer or employee, otherwise than as such Trustee, officer or servant, any share or interest in any contract or employment with, by or on behalf of, the board [not being a share or interest which, under sub-section (2) of section 7, it is permissible for a Trustee to have without being thereby disqualified for being appointed a Trustee], he shall be deemed to have committed the offence made punishable by section 168 of the Indian Penal Code (Central Act 45 of 1iboy.

If any person, without lawful authority,—

1. (a) removes any fence or shoring timber, or removes or extin- guishes any light, set up under section 62, or
2. (b) infringes any order given, or removes any bar, chain or post fixed, under sub-section (2) ofs ection 63,— he shal] be punishable with fine which may extend to fifty rupees.

any person, without the permission of the Board, erects, re-crects, adds to or alters any wall or building 30 as to make the same project into the street alignment or beyond the building hne prescribed fy any deferred street scheme, development scheme or town expansion scheme, he shal be punishable—

1. (a) with fine which may extend in the case of a wall or masonry building to five hundred rupees and in any other case to fifty rupees; and
2. (b) with further fine which may extend in the case of a wall or masonry building to one hundred rupees and in any other case to ten rupecs, for cach day after the first during which the projection continues. y

1. (2) (a) The owner for the time being of the wall or building so erected, re-erected, added to or altered, may be required by a written notice 1siued by the Chairman to stop further work on such wall or building and to alter or demolish the same in such manner and within such time as may be specified in the notice. ! (b) Where the alteration or demolition directed by any such notice 1s not carried out as directed therein the Charman may cause the wall or building or portion thereof to be altered or demolished, as the case may be, and he may recover the expenses incurred in so doing from the owner for the time being in such manner as may be prescribed by the Government.

any person fails to comply with any requisition made under section 129, he shall be punishable—

1. (a) with fine which may extend to one hundred rupees; and
2. (b) in case of a continuing failure, with fine which may extend | to fifty rupees for each day after the first during which the failure continues.

If any person—

1. (a) obstructs or molests any person with whom the Chairman has entered into a contract on behalf of the Board, in the performance or execution by such person of his duty or of anything which he 1s empowered or required to do by virtue or in consequence of this Act or any rule made thereunder, or
2. (b) removes any mark set up for the purpose of indicating any level or direction necessary to the execution of works authorised by this Act or any rule made or scheme sanctioned theieunder, he shall be punishable with fine which may extend to two hundred rupees.

Whoever con- travenes any provision of this Act or of any rule made or scheme sanctioned thereunder shall, if no other penalty is provided for such contravention, be punishable—

1. (a) with fine which may extend to one hundred rupees ; and
2. (b) in case of a continuing contravention, with fine which may extend to fifty rupees for each day after the first during which the contravention continues.

Government and the Corporation —(1) When all schemes sanctioned under this Act have been executed or have been so far executed as to render | the continued existence of the Board in the opinion of the Government ! unnecessary, the Government may, by notification, declare that the Board shall be dissolved on such date as may be specified in such noti- fication ; and the Board shall be deemed to be dissolved accordingly. i

1. (2) On and form the said date—
   • (a) (1) all properties, funds and dues. placed at the disposal of the Board by the Government, and : 65 (i1) all properties, funds and dues exchanged for, derived fiom, or otherwise attributable to, the properues. funds and dues referred to in sub-clause (1), which, immediately before the said date, were held by or realizable by the Boaid, shall vest in, and be realizable by the Government.
   • (b) all properties, funds and dues, other than those referred to in clause (a), which, immediately before the said date, were vested in or were realizable by the Board and the Chairman respectively shall . vest in and be realizable by the Corporation and the Commissioner respectively ;
   • (c) if any question arses as to whether any properues, funds or dues vest in the Government under clause (a) or in the Corportion under clause (b), the question shall be 1eferred to the Government whose decision thereon shall be final ;
   • (d) all liabihties which, immediately before the said date, were enforceable against the Board shall be enforceable against the Govern- ment or the Corporation. The Government shall determine which of such liabilities shall be enforceable against them and which against the Coporation ; or the purpose of completing the exccution of schemes sanctiofitd under this Act, which have not been fully exccuted by the Board, the Government may, by order, decide which of such schemes shall be completed by the Corporation and which by the Government, and the decision of the Government thereon shall be final, and the functions of the Board and the Chairman shall be discharged 1n respect of those schemes by the Corporation or the Government, as the case may be.
   • (f) the Corporation shall keep separate accounts of all moneys respectively received and expended by it under this Act, unul all loans raised thereunder have been repaid and until all other liabilities referred to in clause (d) have been duly met

1. (1) As soon as may be after the first day of April in every year and not Jater than such .date as may be fixed by the Government, the Board shall submit to the Government a detailed report of the administration dwing the pre- ceding year in such form as the Government may direct.
2. (2) The Chairman shall prepaie such report and the Boaid shall consider the report and forward the same to the Government with its resolutions thereon, if any, and copies of such report and resolutions shall be laid before the Legislative Assembly at the first meeting thereof held after their receipt by the Government,
3. (2) Copies of the administration report shall be kept for sale at the office of the Board. / ’ CT ’ 64 :