The kerala Muncipality Act

THE KERALA MUNICIPALITY ACT, 1994*
An Act to replace the present enactments relating to Municipalities and Municipal Corporations by a
comprehensive enactment in line with the Constitution (Seventy Fourth) Amendment Act.
Preamble.—Whereas the Kerala Municipalities Act, 1960 and the Kerala Municipal Corporations
Act, 1961, the laws with respect to the functioning of urban local bodies prevailing in the State are not in
conformity  with  the  provisions of Part 1XA of  the Constitution  of  India  inserted  by  the Constitution
(Seventy Fourth Amendment) Act, 1992;
AND WHEREAS it is expedient to replace the said enactments by a comprehensive enactment in
line  with  the Constitution  (Seventy  Fourth  Amendment)  Act, 1992  for  securing  a greater  measure  of
participation of the people in planned development and in local Governmental affairs by constituting Town
Panchayats, Municipal Councils and Municipal Corporations;
AND endow such Municipalities with necessary powers and authority to enable them to function as
institutions of self-government;
AND entrust such Municipalities with the functions of the preparation of plans and implementation
of  schemes for  economic  development  and  social justice including  the implementation  of  schemes in
relation to the matters listed in the Twelfth Schedule to the Constitution;
Be it enacted in the Forty Fifth year of the Republic of India as follows:* 
STATEMENT OF OBJECTS AND REASONS (Act 20 of 1994)
1. In order to enshrine in the Constitution certain basic and essential features of Municipal bodies
and to impart certainty, continuity and strength to them, a new part, namely pan IX A has been added in the
Constitution by the Constitution (Seventy-Fourth) Amendment Act, 1992.
2. The new part provides for the constitution of Municipalities, namely, Nagar Panchayats for areas
in tnmsition from rural area to urban area, Municipal Councils for smaller urban areas and Municipal
Corporations for larger urban areas; direct elections to all seats in the Municipalities; constitution of Ward
Committees  in  every  Municipality  having  a  population  of  3  lakhs  or  more;  reservation  of  seats  for
Scheduled  Castes  and  Scheduled  Tribes  and  women;  representation  of  Members  of  Parliament  and
Members of Legislative Assembly in the Municipality; fixing tenure of 5 years for the Municipalities and
holding elections before the expiry of this duration and within a period of six months in the event of
dissolution; disqualification of members of the Municipalities; devolution of powers and responsibilities
upon the Municipalities with respect to the preparation of plans for economic development and social
justice and for the implementation of development schemes; sound finance of the Municipalities by securing
authorisation  from  State  Legislature  for  grant-in-aid  from the  Consolidated  Fund  of  the  State  as  also
assignment to, or appropriation by the Municipalities of the revenues of designated taxes, duties, tolls and
fees; authorising the State Financing Commission to review the financial position of the Municipalities;
authorising the Slate Election Commission for the superintendence, direction and control of the elections to
the Municipalities; Constitution of District Planning Committees to consolidate the plans prepared by the
Panchayats  and  the  Municipalities  in  the  district  and  to  prepare  draft  development  for  the  district;
Constitution of Metropolitan Planning Committee for every metropolitan area having a population of 10
lakhs or more to prepare draft development plan for the area; powers of the State Legislature to make laws
with  respect  to  the  elections  to  the  Municipalities  and  other  matters;  and  continuance  of  existing
inconsistent laws until amended or until one year from the date of commencement of the Constitution
(Seventy-Fourth) Amendment Act, 1992.
3. Provisions in accordance with the Constitution (Seventy-fourth Amendment) Act, 1992 have to
be made in the state enactments relating to the Municipal Councils and Municipal Corporations before 31-5-
1994. The Government consider that instead of making amendments to the existing Kerala Municipalities
Act and the Kerala Municipal Corporations Act, it would be better to enact a new Municipalities Act
applicable  uniformly  to  the  Municipal  Councils,  Municipal  Corporations  and  Nagar  Panchayats,
incorporating the provisions in accordance with the Constitution (Seventy-Fourth) Amendment Act, 1992.
4. With effect on and from the commencement of this Act, the Government consider it necessary to
repeal the Kerala Municipalities Act, 1960 (14 of 1961), the Kerala Municipal Corporations Act, 1961 (30
of  1961),  the  Guruvayur  Township  Act,  1960  (43  of  1961)  and  the  provisions  of  the  Kerala  Local
Authorities (Constitution and Preparation of Electoral Rolls) Act, 1994 (4 of 1994), in so far as they relate to
Municipalities.
*See Bill No.96, Published in Kerala Gazette No. 13, dated 29th March, 1994.
*THE CONSTITUTION (SEVENTY-FOURTH AMENDMENT) ACT, 1992
An Act further to amend the Constitution of India Be it enacted by
Parliament in the Forty-third year of the Republic of India as follows:—
1. SHORT TITLE AND COMMENCEMENT.— (1) This Act may be called the Constitution (Seventy-
Fourth Amendment) Act, 1992.
(2) It shall come into force on such date as the Central Government may, by notification in the
Official Gazette, appoint.
2. INSERTION OF NEW PART IXA,— After Part IX of the Constitution, the following Part shall be
inserted, namely:—
PARTIX-A
THE MUNICIPALITIES
2. 43-P. DEFINITIONS.— In this part, unless the context otherwise requires,
(a) "Committee" means a Committee constituted under Article 243;
(b) "district" means a district in a State;
(c) "Metropolitan area" means an area having a population of ten lakhs or more, comprised in one
or more districts and consisting of two or more Municipalities or Panchayats or other contiguous areas,
specified by the Governor by public notification to be a Metropolitan area for the purpose of this Part;
(d) "Municipal area" means the territorial area of a Municipality as is notified by the Governor;
(e) "Municipality" means an institution of self-government constituted under Article 243-Q;
(f) "Panchayat" means a Panchayat constituted under Article 243-B;
(g) "population" means the Population as ascertained at the last preceding census of which the
relevant figures have been published.
243-Q. CONSTITUTION OF MUNICIPALITIES.— (1) There shall be constituted in every State,-
(a) a Nagar Panchayat (by whatever name called) for a transitional area, that is to say, an area in
transition from a rural area to an urban area;
(b) a Municipal Council for a smaller urban area; and
(c) a Municipal Corporation for a larger urban area, in accordance with the provisions of this
part:
Provided that a Municipality under this clause may not be constituted in such urban area or part
thereof as the Governor may, having regard to the size of the area and the municipal services being provided
or proposed to be provided by an industrial establishment in that area and such other factors as he may deem
fit, by public notification, specify to be an industrial township.
(2) In this article, "a transitional area", "a smaller urban area" or "a larger urban area" means such
area as the Governor may, having regard to the population of the area, the density of the population therein,
the revenue generated for local administration, the percentage of employment in nonagricultural activities,
the economic importance or such other factors as he may deem fit, specify by public notification for the
purposes of this Part.
243-R. COMPOSITION OF MUNICIPALITIES.— (1) Save as provided in clause (2), all the seals in a
Municipality shall be filled by persons chosen by direct election from the territorial constituencies in the
Municipal area and for this purpose each Municipal area shall be divided into territorial constituencies to be
known as wards.
(2) The Legislature of a State may, by law, provide-(a) For the representation in a Municipality of-
(i) persons having special knowledge or experience in Municipal administration;
(ii) the members of the House of the People and the members of the Legislative Assembly of
* Pub. in Gazette of India Extraordinary Part II section I dated 20th April, 1993. (w.e.f. 1-6-1993)
the State representing constituencies which comprise wholly or partly the Municipal area;
(iii) the members of the Council of States and the members of the Legislative Council of the State
registered as electors within the Municipal area;
(iv) the Chairpersons of the Committees constituted under clause 5, of Article 243-S:
Provided that the persons referred to in paragraph (i) shall not have the right to vote in the 
meetings of the Municipality;
(b) the manner of election of the Chairperson of a Municipality.
243-S.  CONSTITUTION AND COMPOSITION of Wards  COMMITTEES,  ETC.— (1) There shall be
constituted Wards Committees, consisting of one or more wards, within the territorial area of a Municipality
having a population of three lakhs or more.
(2) The Legislature of a State may, by law, make provision with respect to-
(a) the composition and the territorial area of a Wards Committee;
(b) the manner in which the seats in a Wards Committee shall be filled.
(3)A member of a Municipality representing a ward within the territorial area of the Wards 
Committee shall be a member of that Committee.
(4) Where a Wards Committee consists of-
(a) one ward, the member representing that ward in the Municipality; or
(b)two or more wards, one of the members representing such wards in the Municipality elected
by the members of the Wards Committee, shall be Chairperson of that Committee.
(5) Nothing in this article shall be deemed to prevent the Legislature of a State from
making any provision for the constitution of Committees in addition to the Wards Committees.
243-T. RESERV ATION OF SEATS.— (1) Seats shall be reserved for the Scheduled Castes and the
Scheduled Tribes in every Municipality and the number of seats so reserved shall bear, as nearly as may be,
the same proportion to the total number of seats to be filled by direct election in that Municipality as the
population of the Scheduled Castes in the Municipal area of the Scheduled Tribes in the Municipal area bears
to the total population of that area and such seats may be allotted by rotation to different constituencies in a
Municipality.
(2) Not less than one-third of the total number of seats reserved under clause (1)
shall  be  reserved  for  women  belonging  to  the  Scheduled  Castes  or  as  the  case  may  be,  the
Scheduled Tribes.
(3) Not less than  one-third  (including  the number  of  seats  reserved  for  women
belonging to the Scheduled Castes and the Scheduled Tribes) of the total number of seats to be
filled by direct election in every Municipality shall be reserved for women and such .seats may be
allotted by rotation to different constituencies in a Municipality.
(4) The  offices  of  Chairpersons  in  the  Municipalities  shall  be  reserved  for  the
Scheduled Castes, the Scheduled Tribes and women in such manner as the Legislature of a State
may, by law, provide.
(5) The reservation of seats under clauses (1) and (2) and the reservation of offices
of Chairpersons (other than the reservation for women) under clause (4) shall cease to have effect
on the expiration of the period specified in Article 334.
(6) Nothing in this Part shall prevent the Legislature of a State from making any
provision  for  reservation  of  seats  in  any  Municipality  or  offices  of  Chairpersons  in  the
Municipalities in favour of backward class of citizens.
243-U. D URATION OF MUNICIPALITIES,  ETC.— (1) Every Municipality, unless sooner dissolved
under any law for the time being in force, shall continue for five years from the date appointed for its first
meeting and no longer:
Provided that a Municipality shall be given a reasonable opportunity of being heard before its
dissolution.
(2) No amendment of any law for the time being in force shall have the effect of
causing dissolution of a Municipality at any level, which is functioning immediately before such
amendment, till the expiration of its duration specified in clause (1).
(3) An election to constitute a Municipality shall be completed,-
(a) before the expiry of its duration specified in clause (1);
(b) before the expiration of a period of six months from the date of its 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 under  this clause for
constituting the Municipality for such period.
(4) A Municipality constituted upon the dissolution of a Municipality before the
expiration of its duration shall continue only for the remainder of the period for which the dissolved
Municipality would have continued under clause (1) had it not been so dissolved.
243-V .  DISQUALIFICATIONS FOR MEMBERSHIP.—  (I)  A person  shall  be  disqualified  for  being
chosen as, and being, a member of a Municipality-
(a) if he is so disqualified by or under any law for the time being in force for the purposes of elections to the 
Legislature of the State concerned:
Provided that no person shall be disqualified on the ground that he is less than twenty-five years
of age, if he has attained the age of twenty-one years.
(b) if he is so disqualified by or under any law made by the Legislature of the State.
(2) If any question arises as to whether a member of a Municipality has become subject to any of the
disqualifications mentioned in clause (1), the question shall be referred for the decision of such authority and
in such manner as the Legislature of a State may, by law, provide.
243-W. POWERS, AUTHORITY AND RESPONSIBILITIES OF MUNICIPALITIES, ETC,— Subject to the
provisions of this Constitution, the Legislature of a State may, by law, endow-
(a) the Municipalities with such powers and authority as may be necessary to enable
them to function as institutions of self-government and such law may contain provisions for the
devolution of powers and responsibilities upon Municipalities, subject to such conditions as may be
specified therein, with respect to-
(i) the preparation of plans for economic development and social justice;
(ii) the performance of functions and the implementation of schemes as may be entrusted to them including 
those in relation to the matters listed in the Twelfth Schedule;
(b) the Committees with such powers and authority as may be necessary to enable them to carry out
the responsibilities conferred upon them including those in relation to the matters listed in the
Twelth Schedule.
243-X. Power to impose taxes by, and Funds of, the Municipalities.—The Legislature of a State
may, by law,-
(a) authorise a Municipality to levy, collect and appropriate such taxes, duties, tolls and fees in
accordance with such procedure and subject to such limits;
(b) assign to a Municipality such taxes, duties, tolls and fees levied and collected by the State
Government for such purposes and subject to such conditions and limits;
(c) provide for making such grants-in-aid to the Municipalities from the Consolidated Fund of 
the State; and
(d) provide for constitution of such Funds for crediting all moneys received, respectively, by or
on behalf of the Municipalities and also for the withdrawal of such moneys therefrom, as may be
specified in the law.
243-Y. FINANCE COMMISSION.— (1) The Finance Commission constituted under Article 243-1 shall also 
review the financial position of the Municipalities and make recommendations to the Governor as to
(a) the principles which should govern-
(1) the distribution between the State and the Municipalities of the net proceeds of the taxes,
duties, tolls and fees leviable by the State, which may be divided between them under this
part and the allocation between the Municipalities at all levels of their respective shares of
such proceeds;
(ii) the determination of the taxes, duties, tolls and fees which may be assigned to, or appropriated by, 
the Municipalities;
(iii) the grants-in-aid to the Municipalities from the Consolidated Fund of the State.
(b) the measures needed to improve the financial position of the Municipalities;
(c) any other matter referred to the Finance Commission by the Governor in the interests of 
sound finance of the Municipalities.
(2) The Governor shall cause every recommendation made by the Commission under this article
together with an explanatory memorandum as to the action taken thereon to be laid before the
Legislature of the State.
243-Z AUDIT OF ACCOUNTS OF MUNICIPALITIES.—The Legislature of a State may, by law, make 
provisions with respect to the maintenance of accounts by the Municipalities and the auditing of such 
accounts.
243-ZA. ELECTIONS TO THE MUNICIPALITIES.— (1) The superintendence, direction and control of 
the preparation of electoral rolls for, and the conduct of, all elections to the Municipalities shall be vested in
State Election Commission referred to in Article 243-K.
(2) Subject to the provisions of this Constitution, the Legislature of a State may, by law, make
provision with respect to all matters relating to, or in connection with, elections to the Municipalities.
243-ZB. APPLICATION TO UNION TERRITORIES.— The provisions of this Part shall apply to the
Union territories and shall, in their application to a Union territory, have effect as if the references to the
Governor of a State were references to the Administrator of the Union territory appointed under Article
239 and reference to the Legislature or the Legislative Assembly of a State were references in relation to a
Union territory having a Legislative Assembly, to that Legislative Assembly:
Provided that the President may, by public notification, direct that the provisions of this Part shall
apply to any Union territory or part thereof subject to such exceptions and modifications as he may specify
in the notification.
243-ZC. PART NOT TO APPLY TO CERTAIN AREAS.— (1) Nothing in this Pan shall apply to the
Scheduled Areas referred to in clause (1), and the tribal areas referred to in clause (2), of Article 244.
(2) Nothing in this Part shall be construed to affect the functions and powers of the Darjeeling
Gorkha Hill Council constituted under any law for the time being in force for the hill areas of the district of
Darjeeling in the State of West Bengal.
(3) Notwithstanding anything in this Constitution, Parliament may, by law, extend the provisions of
this Part to the Scheduled Areas and the tribal areas referred to in clause (1) subject to such exceptions and
modifications as may be specified in such law, and no such law shall be deemed to be an amendment of this
Constitution for the purpose of Article 368.
243-ZD. COMMITTEE FOR DISTRICT PLANNING.— (1) There shall be constituted in every State at
the district level a District Planning Committee to consolidate the plans prepared by the Panchayats and
the Municipalities in the district and to prepare a draft development plan for the district as a whole.
(2) The Legislature of a State may, by law, make provision with respect to-
(a) the composition of the District Planning Committees;
(b) the manner in which the seats in such Committees shall be filled:
Provided that not less than four-fifths of the total number of members of such Committee shall be
elected by, and from amongst, the elected members of the Panchayat at the district level and  of the
Municipalities in the district in proportion to the ratio between the population of the rural areas and of the
urban areas in the district;
(c) the functions relating to district planning which may be assigned to such Committees;
(d) the manner in which the Chairpersons of such Committees shall be chosen.
(3) Every District Planning Committee shall, in preparing the draft development plan,-
(a) have regard to-
(i) matters  of  common  interest  between  the  Panchayats  and  the  Municipalities  including
spatial planning, sharing of water an other physical and natural resources, the integrated
development of infrastructure and environmental conservation;
(ii) the extent and type of available resources whether financial or otherwise;
(b) consult such institutions and organisations as the Governor may, by order, specify.
(4) The Chairperson of every District Planning Committee shall forward the development 
plan, as recommended by such Committee, to the Government of the State.
243-ZE. COMMITTEE FOR METROPOLITAN PLANNING.— (1) There shall be constituted in every 
Metropolitan area Metropolitan Planning Committee to prepare a draft development plan for the Metropolitan
area as a whole.
(2) The Legislature of a State may, by law, make provision with respect to-
(a) the Composition of the Metropolitan Planning Committees;
(b) the manner in which the seats in such Committees shall be filled:
Provided that not less than two-thirds of the members of such Committee shall be elected by, and 
from amongst, the elected members of the Municipalities and Chairpersons of the Panchayats in the 
Metropolitan area in proportion to the ratio between the population of the Municipalities and of the 
Panchayats in that area.
(c) the representation in such Committees of the Government of India and the Government of the
State and of such organisations and institutions as may be deemed necessary for carrying out the functions
assigned to such Committees;
(d) the functions relating to planning and co-ordination for the Metropolitan area which may be 
assigned to such Committees;
(e) the manner in which the Chairpersons of such Committees shall be chosen.
(3) Every Metropolitan Planning Committee shall, in preparing the draft development plan,
(a) have regard to
(i) the plans prepared by the Municipalities and the Panchayats in the Metropolitan area;
(ii) matters  of common  interest between  the Municipalities and  the Panchayats,  including  co-
ordinated spatial planning of the area, sharing of water and other physical and natural resources, the
integrated development of infrastructure and environmental conservation;
(iii) the overall objectives and priorities set by the Government of India and the Government of the
State;
(iv) the extent and nature of investment likely to be made in the Metropolitan area by agencies of
the Government  of  India  and  of  the  Government  of  the  State  and  other  available  resources  whether
financial or otherwise;
(b) consult such institutions and organisations as the Governor may, by order, specify.
(4) The Chairperson of every Metropolitan Planning Committee shall forward the development
plan, as recommended by such Committee, to the Government of the State.
243-ZF. CONTINUANCE OF EXISTING LAWS AND MUNICIPALITIES.— Notwithstanding anything in
this Part, any provisions of any law relating to Municipalities in force in a State immediately before the
commencement of the Constitution (Seventy-fourth Amendment) Act, 1992, which is inconsistent with the
provisions of this Part, shall continue to be in force until amended or repealed by competent Legislature or
other competent authority or until the expiration of one year from such commencement, whichever is
earlier:
Provided that all the Municipalities existing immediately before such commencement shall continue
till the expiration of their duration, unless sooner dissolved by a resolution passed to that effect by the
Legislative Assembly of that State or, in the case of a State having a Legislative Council, by each House of
the Legislature of that State.
243-ZG. Bar to interference by courts in electoral matters. — Notwithstanding anything in this
Constitution.-
(a) the validity of any law relating to the delimitation of constituencies or the allotment of seats to
such constituencies, made or purporting to be made under Article 243-ZA shall not be called in question in
any court;
(b)  no  election  to  any  Municipality  shall  be  called  in  question  except  by  an  election  petition
presented  to  such  authority  and  in  such  manner  as is provided  for  by or  under  any  law  made by the
Legislature of a State.
* TWELFTH SHEDULE
(Article 243- W)
1. Urban planning including town planning.
2. Regulation of land use and construction of buildings.
3. Planning for economic and social development.
4. Roads and bridges.
5. Water supply for domestic, industrial and commercial purposes.
6. Public health, sanitation conservancy and solid waste management,
7. Fire services.
8. Urban forestry, protection of the environment and promotion of ecological aspects.
9. Safeguarding the interests of weaker sections of society, including the handicapped and mentally 
retarded.
10. Slum improvement and upgradation.
11. Urban poverty alleviation.
12. Provision of urban amenities and facilities such as parks, gardens, playgrounds.
13. Promotion of cultural, educational and aesthetic aspects.
14. Burials and burial grounds, cremations, cremation grounds and electric crematoriums,
15. Cattle ponds; prevention of cruelty to animals.
16. Vital statistics including registration of births and deaths.
17. Public amenities including street lighting, parking lots, bus stops and public conveniences.
18. Regulation of slaughterhouses and tanneries.
**STATEMENT OF OBJECTS AND REASONS
In many States local bodies have become weak and ineffective on account of a variety of reasons,
including the failure to hold regular elections, prolonged supersessions and inadequate devolution of powers
and functions. As a result, Urban Local Bodies are not able to perform effectively as vibrant democratic units
of self-government.
2. Having regard to these inadequacies, it is considered necessary that provisions
relating to Urban Local Bodies are incorporated in the Constitution particularly for-
(i) putting on a firmer footing the relationship between the State Government and
the Urban Local Bodies with respect to-
(a) the functions and taxation powers; and
(b) arrangements for revenue sharing;
(ii) ensuring regular conduct of elections;
(iii) ensuring timely elections in the case of supersession; and
(iv) providing adequate representation for the weaker sections like Scheduled 
Castes, Scheduled Tribes and women.
3. Accordingly, it is proposed to add a new part relating to the Urban Local Bodies
in the Constitution to provide for-
(a) constitution of three types of Municipalities
(i) Nagar Panchayats for areas in transition from a rural area to Urban area;
(ii) Municipal Councils for smaller urban areas;
*Twelfth Schedule inserted by Constitution (Seventy-fourth Amendment) Act,1992(w,e.f.l-6-1993)
** Published in Gazette of India (Extraordinary) No,38. dated 16th September, 1991, Part IISection 2.
(i) Municipal Corporations for larger Urban areas.
The broad criteria for specifying the said areas is being provided in the proposed article 243Q;
(b) Composition of Municipalities, which will be decided by the Legislature of a State, having the following 
features:
(i) persons to be chosen by direct election;
(ii) representation of Chairpersons of Committees, if any, at ward or other levels in the Municipalities;
(in) representation of persons having special knowledge or experience of Municipal Administration 
in Municipalities (without voting rights);
(c) election of Chairpersons of a Municipality in the manner specified in the State law;
(d) constitution of Committees at ward level or other level or levels within the territorial area 
of a Municipality as may be provided in the State law;
(e) reservation of seats in every Municipality-
(i) for Scheduled Castes and Scheduled Tribes in proportion to their population of which not less 
than one-third shall be for women;
(ii) for women which shall not less than one-third of the total number of seats;
(iii) in favour of backward classes of citizens if so provided by the Legislature of the State;
(iv) for Scheduled Castes, Scheduled Tribes and women in the office of Chairpersons as may be specified in 
the State law;
(f) fixed tenure of 5 years for the Municipality and re-election within six months of end of tenure.
If a Municipality is dissolved before expiration of its duration, elections to be held within a period of
six months of its dissolution;
(g) devolution by the State Legislature of powers and responsibilities upon the Municipalities with respect to
preparation  of  plans  for  economic  development  and  social  justice,  and  for  the  implementation  of
development schemes as may be required to enable them to function as institutions of self-government;
(h) levy of taxes and duties by Municipalities, assigning of such taxes and duties to Municipalities by State
Governments and for making grants-in-aid by the State to the Municipalities as may be provided in the State
law;
(i) a Finance Commission to review the finances of the Municipalities and to recommend principles for-
(j) determining the taxes which may be assigned to the Municipalities;
(k) sharing of taxes between the State and Municipalities;
(l) grants-in-aid to the Municipalities from the Consolidated Fund of the State;
(m) audit of accounts of the Municipal Corporations by the Comptroller and Auditor-General of India and laying
of reports before the Legislature of the State and the Municipal Corporation concerned;
(n) making of law by a State Legislature with respect to elections to the Municipalities to be conducted under the
superintendence, direction and control of the chief electoral officer of the State;
(o) application of the provisions of the Bill to any Union Territory or part thereof with such modifications as may
be specified by the President;
(p) exempting scheduled areas referred to in clause (1), and tribal areas referred to in clause (2), of article 244,
from the application of the provisions of the Bill. Extension of provisions of the Bill to such areas may be
done by Parliament by law;
(q) disqualification for membership of a Municipality;
(r) bar of jurisdiction of Courts in matters relating to elections to the Municipalities.
(s) The Bill seeks to achieve the afore said Objectives.
CHAPTER 1
PRELIMINARY
1. SHORT TITLE, EXTENT AND COMMENCEMENT.— (1) This Act may be called the Kerala Municipality 
Act, 1994.
(2) It extends to the whole of the State of Kerala.
(3) It shall be deemed to have come into force on the 30lh day of May, 1994.
2. DEFINITIONS.— In this Act, unless the context otherwise requires,-
(1) "Article" means an Article of the Constitution of India;
(2) "building" includes a house, out-house, stable, latrine, shed, hut, bunk and any
other structure whether of masonry, wood, brick, mud, metal or any other material whatsoever;
(3) "building line" means a line which is at the rear of the street alignment and to
which the main wall of a building abutting on a street may lawfully extend and beyond which no
portion of the building may extend except as provided in the building rules;
(4) "candidate" means a person who has been duly nominated or claimed to have
been duly nominated as a candidate of any election;
(5) "casual vacancy" means a vacancy occurring otherwise than by efflux of time;
'[(6) "Chairperson" in relation to a Town Panchayat or a Municipal Council means the Chairman of
that Town Panchayat or Municipal Council and in relation to a Municipal Corporation, the Mayor of that
Municipal Corporation;
(6A) "Deputy Chairperson" in relation to a Town Panchayat or a Municipal Council means the Vice-
Chairman of that Town Panchayat or Municipal Council and in relation to a Municipal Corporation, the
Deputy Mayor of that Municipal Corporation;]
(7) "Collector" means the Collector of the district;
(8) "committee" means a Standing Committee 1 2[x x] or a Steering Committee 2[xx]
constituted under this Act or other Committees constituted by the Council for any specific
purpose;
(9) "Council" means the Council of a Town Panchayat, a Municipal Council or a
Municipal Corporation;
(10) "Company" means a company as defined in section 3 of the Companies Act, 
1956 (Central Act 1 of 1956) and includes, a foreign company within the meaning of section 591 of 
that Act, a cooperative society registered or deemed to be registered under the Kerala Co-operative 
Societies Act, 1969 (21 of 1969) and a firm or association carrying on business is situated in the 
State whether incorporated or not and whether its principal place of business is situated in State or 
not.
1.Caluse (6) substituted by Act 14 of 1999, w.e.f.24-3-1999.
2. The words” or a Joint Committee” &”or a Ward Committee” omitted by Act 14 of 
1999,w.e.f.24- 3-1999.
11. "Corrupt practice" means any of the practices specified in section 144;
12. "Dangerous disease" means a disease specified in the Ninth Schedule or any disease included in the said
schedule by Government, from time to time, by notification in the Gazette;
13. "District Election Officer" means an officer designated or nominated by the State Election Commission
14. "Election" means an election to fill any vacancy in any of the wards of any Municipality;
15. "Elector" in relation to any ward (by whatever name known) means a person whose name is included in
the voters list, for the time being in force, in respect of that ward and who is not subject to any of the
disqualifications referred to in section 74;
16. "Electoral right" means the right of a person either to stand or not to stand as a candidate or to withdraw
or not to withdraw his candidature or to vote in an election;
17. "Electoral  Registration  Officer"  means  an  officer  designated  or  nominated  by  the  State  Election
Commission to discharge the functions of the Electoral Registration Officer under this Act;
18. "Filth" includes sewage, excreta, dung, putrid and purifying substances and all other substances causing
danger to public health, if not removed;
19. "hut" means any building which is constructed principally of wood, mud, leaves, grass or thatch and
includes any temporary structure of whatever size of any small building of whatever material made
which the Municipality may declare to be a hut for the purposes of this Act;
20. "latrine" means a place set apart for defecating or urinating or both and includes a closet of the dry or
water borne type and urinal;
21. 3[(2l) "Local Authority" or "Local Self Government Institution" means a Municipality constituted
under Section 4 or a Panchayat constituted under the Kerala Panchayat Raj Act, 1994 (13 of
1994);]
22. (22) "lodging house" means a hotel, a boarding house, a choultry, dharmasala or rest house not
maintained by the Government or a local authority, or any place where casual visitors are received
and provided with sleeping accommodation, with or without food, on payment, but does not
include—
(a) student's hostel under public control or recognised control; or
(b) retiring rooms and rest-houses provided by a railway administration and normally used by 
passengers or railway employees or both; or
(c) retiring rooms or rest houses provided by the airport authority and normally used by passengers 
or cabin crew or both; or
(d) rooms situated within the compound of any place of worship and used by devotees for taking 
rest;
3. Clause (21) substituted by Act 14 of1999, w.e.f. 24-3-1999.
(23) "market" means any place set apart or ordinarily or periodically used for the
assembling  of  persons  for  the  sale  or  purchase  of  grain,  fruit,  vegetables,  meat  fish  or  other
perishable articles of food or for the sale or purchase of live-stock or poultry, or of any agricultural
or industrial produce or any raw or manufactured products or any other articles or commodity
necessary for the convenience of life, provided that a single shop or group of shops, not being more
than six in number, shall not be deemed to be a market;
(24) "nuisance" includes any act, omission, place or thing which causes or is likely to
cause injury, danger, annoyance, disturbance or harassment to the sense of sight, smell, hearing or to
rest or sleep or which is, or may be, dangerous to life or injurious to health or property;
(25) "Occupier" includes—
(a) any person who, for the time being, is paying or is liable to pay to the owner the
rent or any portion of the rent of the land or building in respect of which such rent is paid or is
payable;
(b) any owner in occupation of or otherwise using his land or building;
(c) a rent free tenant of any land or building;
(d) a licensee in occupation of any land or building ; and
(e) any person who is liable to pay the owner damages for the use or occupation of
any land or building;
(26) "owner" includes-
(a)  a person who for the time being is receiving or is entitled to receive the amount
of lease or the rent of any land or building whether on his own account or on account of himself and
others or as an agent, trustee, guardian or receiver for any other person or who should so receive the
amount of lease or the rent or be entitled to receive it if the land or building or part thereof were let
to a lessee or a tenant on lease or rent;
(b) the  person  for  the time  being  in  charge  of  the animal,  vessel  or  vehicle  in
connection with which the word is used;
(27) "Political Party" means a political party registered under  section 29A of the
Representation of the People Act, 1951 (Central Act 43 of 1951);
(28) "polling station" means any place appointed for holding election to a Municipality;
(29) "place of public entertainment" means any place, enclosure, building, tent, booth
or other erection, whether permanent or temporary where music, singing, dancing, drama or any
diversion or game or the means of carrying on the same is provided and to which the public are
admitted, and includes a race course, circus, theatre, music hall, billiard room, bagatelle- room,
gymnasium and fencing school;
(30) "prescribed" means prescribed by rules made under this Act;
(31) "private market" means any market other than a public market;
(32) "private street" means any street, road, square, court, alley, passage or riding path
which is not a public street, but does not include a path or way made by the owner of premises on 
his own land to secure access to or the convenient use of such premises;
(33) "public market" means any market owned, constructed, repaired or 
maintained by a Municipality;
(34) "public street" means any street, road, square, court, alley, passage or riding path
over which the public have a right of way, whether a thoroughfare or not, and includes-
(a) the roadway over any public bridge or causeway;
(b) the footway attached to any such street, public bridge or causeway; and
(c)  the drains attached to any such street, public bridge or causeway and the land
whether covered or not by any pavement, verandah, or other structure, which lies on either side of
the roadway upto the boundaries of the adjacent property,
whether that property is private property or property belonging to the Government;
(35) "public holiday" means a day which is declared as a holiday by the Government;
(36) "Public  water  courses,  springs,  wells  and  tanks  and  bunds"  include  water
courses,  springs,  wells,  tanks  and  bunds  used  by  the  public  to  such  an  extent  as  to  give  a
prescriptive right to such use;
(37) "qualified medical practitioner" means a medical practitioner having prescribed
qualifications;
(38) "reconstruction" of a building includes-
(a) the re-erection wholly or partially of a building after more than one half of its
cubical contents has been taken down, or burnt down, or has fallen down, whether at one time or
not;
(b) the re-erection wholly or partially of any building of which an outer wall has
been taken down or burnt down or has fallen down to or within three metres or less of the ground
adjoining the lowest storey of the building and of any frame-work of building which has so far been
taken down or burnt down or has fallen down as to leave only the framework of the lowest storey;
(c) the conversion into a dwelling house or a place of public worship of any building
not originally constructed for human habitation or for public worship, as the case may be, or the
conversion into more than one dwelling house of a building originally constructed as one dwelling
house only or the conversion of a dwelling house into a factory or other industrial establishments;
(d) the re-conversion into a dwelling house or a place of public worship or a factory
of any building which has been discontinued as, or appropriated for any purpose other than, a
dwelling house or place of public worship or a factory, as the case may be;
(39) "residence" or "reside" a person shall be deemed to have his 'residence' or to
'reside' in any house or hut if he sometimes uses as of right any portion thereof as a sleeping
apartment and a person is not deemed to cease to reside in any such house or hut merely because he
is absent from it or has elsewhere another dwelling in which he resides if he is at liberty to return
thereto at any time and has not abandoned his intention of returning;
(40) "rubbish" means dust, ash, broken bricks, mortar, broken glass, and refuse of any
kind which is not filth;
(41) "sanitation worker" means a person employed in collecting or removing filth or
in cleaning drains, latrines or slaughter houses;
(42) "Scheduled Castes and Scheduled Tribes" shall have the same meaning as in the
Constitution of India;
(43) "Secretary" means the Secretary of a Municipality;
(44) "State" means the State of Kerala;
(45) "State Election Commission" means the State Election Commission appointed under
Article 243 K;
(46) "street alignment" means a line dividing the lands comprised in forming part of a street from
the adjoining land;
(47) "vehicle" shall have the same meaning as in the Motor Vehicles Act, 1988 (Central Act 59 of
1988);
(48) "vessel" includes any motor boat, steam launch, steam or motor tug or barge;
(49) "ward" means a ward of a Municipality for the purpose of election of Councillors;  4[(49A)
"Ward Committee" means the Ward Committee constituted under Section 42; (49B) "Ward Sabha"
means the Ward Sabha constituted under Section 42A;]
(50) "water course" includes any river, stream, channel or lake whether natural or artificial;
(52) "year" means the financial year.
3. INTERPRETATION.— Words and expressions used but not defined in this Act and defined in Part
IX A of the Constitution of India shall have the meanings respectively assigned to them in that part.
4. Clause (49A) & (49B) added by Act 14 of1999, w.e.f. 24-3-1999.
CHAPTER II
CONSTITUTION, ALTERATION AND CONVERSION OF 
MUNICIPALITIES
4. CONSTITUTION,  ALTERATION AND CONVERSION OF M UNICIPALITIES.— (1)
The Government shall, by notification in the Gazette, constitute with effect from such dare as
specified in the notification, -
(a) a "Town Panchayat" for a transitional area;
(b) a "Municipal Council" fora smaller urban area; and
(c) a "Municipal Corporation" for a larger urban area, and specify the name of such
Municipalities.
(2) The Government may, by notification,-
(a) exclude any municipal area from the operation of this act; or
(b) exclude from a municipal area comprised therein and defined in the notification ; or
(c) divide any municipal area into two or more municipal areas; or
(d) unite two or more municipal areas; or
(e) unite the territorial area of a Panchayat geographically lying adjacent to a Municipal
area, with the Municipality; or
(f) convert a Village Panchayat into a 5 6[Town Panchayat or a Municipal Council]; or
(g) convert a Town Panchayat into a Municipal Council; or
(h) convert a Municipal Council into a Municipal Corporation:
6[Provided that, before issuing such a notification the requirements under Article 243Q and sub-
section (1) shall be fulfilled and the suggestions and opinions of the Village Panchayat or Town Panchayat or
Municipal Council or Municipal Corporation concerned, shall be considered.]
Provided further that any notification issued under this sub-section shall not be brought into force
except in such a way as to coincide with the expiry of the term of the existing Municipal Council or Village
Panchayat in that territorial area.
(3) The Government may at the request of a Municipality or after consultation with
the Municipality, at any time, alter the name of a Municipality, after previous publication of the
proposal by notification in the Gazette.
(4) Where  any  Village  Panchayat  area  is  constituted  as,  or  included  in,  a
7[Municipality], the Government may pass such orders as they may deem fit as to the transfer to the
Municipality or disposal otherwise of the assets or institutions of such Panchayat in that area, and as
to the discharge of the liabilities if any, of such Panchayat rela

Excerpt shown. Open the full act in Lexace.

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