The kerala Parks, Play field and Open Spaces (Preservation and Regulation )Act, 1968

THE KERALA PARKS, PLAY-FIELDS AND OPEN
SPACES (PRESERV ATION AND REGULATION')
ACT, 1969
(Act 2 of 1969)
CONTENTS
Preamble.
Sections
1. Short title, extent and commencement.
2. Definitions.
3. Preparation and submission of list of parks, play-fields and
open spaces by executive authorities.
4. Approval and publication of list by local authority and
Government.
5. Variation or revocation of list.
6. Prohibition of the use of parks, play-fields and open spaces in
certain cases.
7. Maintenance of parks, play-fields and open spaces.
8. Prohibition of construction of buildings, etc.
9. Obligation of owners of parks and play-fields.
10. Submission of annual return.
11. Removal of unauthorised persons.
12. Penalties.
13. Control of Government.
14. Power to make rules.
THE KERALA PARKS, PLAY-FIELDS AND OPEN SPACES
(PRESERV ATION AND REGULATION) ACT, 1968*
(Act 2 of 1969)
An Act to provide for the preservation and regulation of parks,
play-fields and open spaces in the State of Kerala
Preamble.—WHEREAS it is expedient to provide for the preservation
and regulation of parks, play-fields and open spaces in the State of Kerala;
BE  it  enacted  in  the  Nineteenth  Year  of  the  Republic  of  India  as
follows:—
1. Short title, extent and commencement.—(I) This Act may be called
the Kerala Parks, Play-fields and Open Spaces (Preservation and Regulation)
Act, 1968.
* Published in the Gazette Extraordinary No 17, dated 20th January, 1970.
(2) It extends to the whole of the State of Kerala.
(3) It shall come into force on such date as the Government may, by
notification in the Gazette, appoint.
(4) It shall apply—
(a) to the cities of Trivandrum, Cochin and Calicut; and
(b) to every municipality and township in the State of Kerala.
(5) Notwithstanding  anything  contained  in  sub-section  (4),  the
Government may, by notification in the Gazette, apply the provisions of this
Act to any area in the State within the jurisdiction of a Panchayat with effect
from such date as may be specified in the notification, and may cancel or
modify any such notification.
2. Definitions.—In this Act, unless the context otherwise requires,—
(a) “executive authority” means in the case of a city or a municipality,
the Commissioner of the Corporation or of the munici pality concerned, and in
the case of a panchayat or township, the execu tive officer of the panchayat or
of the township committee concerned;
(b) “open space” means any land, whether enclosed or not, belonging
to the Government or any local authority, on which there are no buildings, or of
which not more than one-twentieth part is covered with buildings, and the
whole or the remainder of which is used for purposes of recreation, air or light;
(c) “park” means apiece of land on which there are no buildings or of
which not moie than one-lwentieth part is covered with buildings, and the
whole or the remainder of which is laid out as a garden with trees, plants or
flowei-beds or as a lawn or as a meadow and maintain ed as a place for the
resort of the public for recreation, air or light;
(d) “play-field” means a piece of land adapted for the purposes of
play,  game  or  sport  and  used  by  any  school  or  college  or  club  or  other
associations.
3. Preparation and submission of list of parks, play-fields and open
spaces by executive authorities. —(1) The executive authority of every local
authority shall, not later than six months from the date on which this Act comes
into foice in the area within the jurisdiction of the local authority, prepare and
submit for the approval of the local authority a correct and complete list with
plans and maps of all the parks, play-fields and open spaces in such area.
(2) The list referred to in sub-section (1) shall be in such form and
shall contain such particulars as may be prescribed.
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(3) The local authority shall, as soon as may be after the receipt of
the list and other documents referred to in sub-section (1), publish the list in
the prescribed manner, and such publication shall state at what place and time
the maps, plans and documents aforesaid will be available to the public for
inspection.
4. Approval  and  publication  of  list  by  local  authority  and
Government.—(1)  Any  person  interested  may  submit  his  objections  and
suggestions in writing in respect of anything contained in, or relating to, the
list referred to m section 3, to the local authority within three months of the
date of publication of the list under sub-section (3) of that section.
(2) The  local  authority  may,  after  considering  the  objections  and
suggestions, if any, received under sub-section (I) and after making such
further inquiry as it thinks fit, approve the list with or without modifications.
(3) The approval of the local author ity to the list under sub section
(2) shall be published in the prescribed manner and such publication shall
contain the list and shall also state at what place and time the particulars
relating to the matters mentioned m the list will be available to the public for
inspection.
(4) Any person who has any objection to the list approved by the
local authority may, within such time as may be prescribed, prefer an appeal
to the Government in writing.
(5) On such appeal the Government shall call for the records of the
case  from  the  local  authority  and  after  giving  the  parties  concerned  an
oppoitunity of being heard and if necessary, after making such further inquiry
as they may deem fit revise the list with such modifi cation as may be deemed
necessary.
(6) The list as revised under sub-section (5) shall be published in the
Gazette.
5. Variation or revocation of list. —(1) The Government may at any
time, either suo moiu or at the instance of the local authority con cerned or of
any person interested add to, vary or revoke a list published under section 4.
(2) Before  making  any  such  addition,  variation  oi  revocation,  the
Government shall publish in the prescribed manner a draft of such addition,
variation or revocation together with a notice specifying a date on or after
which such draft will be taken into consideration, and shall consider any
objection or suggestion which may be received in respect of such draft from
the local authority or any peison interested before the date so specified.
(3) The  Government  shall  after  considering  the  objections  and
suggestions, if any, received within the period referred to in
Sub-scction (2) publish the addition, variation or revocation in th t pi escribed
manner, and the addition, variation  or revocation shall take effect on such
publication.
(4) Where any addition, variation or revocation is made at the instance
of any person interested, the Government shall before making such addition,
variation  or  revocation  consult  the  local  authority  concerned  regarding  the
proposal  to  make  such  addition,  variation  or  revocation  and  consider  any
objection or suggestion submitted by the local authority within such time as
may be specified in this behalf by the Government :
Provided that it shall not be necessary to consult the local autho rity m
cases where such addition, variation or revocation is made at the instance of the
local authority.
6. Prohibition of the use of parks, play-fields and open spaces in
certain  cases,—No  park,  play-field  or  open  space  specified  in  the  list
published  under  section  4  shall,  except  with  the  previous  sanction  of  the
executive authority, be used for any purpose other than the purpose or purposes
for which it was used prior to the date on which this Act was made applicable
to the local authority concerned if the use of such park, play-field or open
space, is temporaly for a peuod of less than one month or with the permission
of the local authority concerned if such use is for a period of more than one
month at a time:
Provided  that  no  such  sanction  or  permission  shall  be  necessary  in
respect of any park, play-field or open space belonging to the Government.
7. Maintenance of parks, play-fields and open spaces,—
The local authority shall maintain in a clean and proper condition all parks,
play-fields and open spaces belonging to or vested in it and included in the list
published under section 4.
8. Prohibition of construction  of buildings, etc. —No person shall,
except with the previous sanction of the Government, construct any building or
put up any structure likely to affect the utility of, or make any encroachment in
or over, any park, play-field or open space specified in the list published under
section 4.
9. Obligation of owners of parks and play-fields.—(1) in
the case of a park or play-field not vested in a local authority but included in
the list published under section 4 or varied under section  5, the executive
authority  may,  by  notice,  require  the  owner  or  the  person  or  authority  in
occupation of such park or play-field—
(a)to maintain such park or play-field in a clean and proper 
condition- or
(b) to ronove or alter any projection or obstruction in or over any
such park or play-field or to execute such repans to any building in such park
or play-field as the executive authority may consider neccs- saiy, within a
date specified m the notice.
(2) If  the owner  or the person  or  authority  in occupation  fails to
comply with the notice under sub-section (1), the executive autho- rity shall
himself arrange—
(a) to  maintain  such  park  or  play-field  in  a  clean  and  proper
condition; or
(b) to remove or altci the projection 01 obstruction; 01
(c) to execute such rcpaiis as he may consider necessary, and the
cost of such maintenance, letnoval, alteration or repairs shall be lecoverablc
from the owner or the person or authority in occupation, in such manner as
may be prescribed.
(3) Any dispute as to the amount of the cost tecoverable under sub-
section (2) shall be decided by the Government and theii decision shall be
final.
(4) The executive authority may, instead of or in addition to taking
action as indicated in sub-section (2), proceed to acquire the land under the
Kerala  Land  Acquisition  Act,  1961  (21  of  1962),  for  the  purpose  of  the
effective management of the land as a park or play-field.
(5) Any owner oi any person or authority in occupation of a play-
field desiring to convert the pla> -field to any use othei than as a play-field
may  give  notice  to  the  person  or  authority  managing  the  affairs  of  any
educational institution or other duly constituted public body which uses the
play-field or to the local authority within whose jurisdiction the play-field is
situated to purchase his or its rights in the play-field and if such person,
authority, public body or local authority does not agree to purchase his oi its
rights, he or it may, after the expiry of a reasonable period which shall be not
less than six months after the date of the notice, put it to such use as he or it
desires.
10. Submission of annual return. — (1) The executive autho rity shall
submit to the Government m such form and containing such particulars as
may be prescribed, an annual return in respect of the paiks, play-fields and
open  spaces  which  are  situated  within  the  limits  of  the  local  authority
concerned and which are specified in the list published under section 4.
(2) The Ietuin teferred to in sub-section (1) shall also contain a list of
the parks or play-fields in respect of which action was taken
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under sub-scction (2)  of  section 9 together with particulars as regards the
nature of the action taken in respect of them and the steps taken in regard to
theii proper maintenance.
11.  Removal  of  unauthorised  persons.—If  any  person  enters  and
remains in any park, play-field or open space belonging to or vested in the
Government or a local authoiity in contravention of any rules prescribed in this
behalf  by  the  local  authority,  he  may,  without  prejudice  to  any  other
proceedings that may be taken against him, be removed from such park, play-
field or open space by any police officei or any othci person acting on behalf
of the local authority or the executive authority.
12. Penalties.— Whoever thiows any rubbish into any park, play- field
or open space specified in the list published under section 4 oi gets ovei the
railings  or  fence  of  any  such  park,  play-field  or  open  space  or  steals  or
damages  the  fruits,  plants,  grass  or  any  othei  thing  whatsoever  therein  or
commits any nuisance therein shall be punishable with im prisonment for a
term which may extend to one month or with fine which may extend to two
hundred rupees.
13. Control of Government.—(l)If the Government are satisfied
” after giving the executive authority an oppoitumty of explanation, that
the executive authority of the local authority has failed to enforce effectively
the provisions of this Act or to execute any work which undei this Act the
executive authority is required to execute, the Government may order the local
authority to do all things necessary for enfoicing the provisions of this Act
effectively  or  foi  executing  any  work  which  under  this  Act  the  executive
authoiity is requned to execute.
(2) For the purposes of this section, the Government shall have the
same powers of calling for recoids, of causing inspection to be made, and of
enforcing their oiders by appointing persons to enforce them, as they have
under sections 41, 41A and 42 of the Kerala Municipal Corporations Act, 1961
(30 of 1961) or sections 43 and 49 of the Kerala Municipalities Act, 1960 (14
of 1961) oi sections 48 and 56 of the Kerala Panchayats Act, 1960 (32 of
1960).
14. Power to make rules—(1) The Government may, by notification in
the Gazette, make rules for the purpose of carrying out the provisions of this
Act.
(2) In particular, and without prejudice to the generality of the ioicgoing
power, such rules may piovide for—
(a) controlling or regulating the admission of persons to, and the
conduct of persons in, and in the vicinity of parks, play-fields and open spaces;
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(b) restricting  or  piohibiting  the  admission  of  animals  or  any
class of animals to any park, play-fie'd or open space;
(c) the procedure to be followed under sub-section (5) of section
9;
(d) the time within which the annual return under section 10 shall
be submitted to the Government;
(c) removing from any park, play-field or open space any peison
who is therein in contravention of any order or direction of the executive
authority or any person authorised undei section 11,
( f) any other matter which has to be, or may be, prescubed under
this Act.
(3) Eveiy rule made, evciy notification issued and evciy list of patks,
play fields and open spaces published undei this Act shall be laid as '■oon as
may be aftei it is made, issued or published before the Legislative Assembly
while it is in session for a total period of fourteen days which may be
comprised in one session or in two successive sessions, and if, before the
expiry  of  the  session  in  which  it  is  so  laid  or  the  session  immediately
following, the Legislative Assembly makes any modification in the rule,
notification oi list or decides that the rule, notification or list should not be
made, issued or published, the lule, notification or list shall thereafter have
effect only in such modified form or be of no effect, as the case may be; so
however that any such modification or annulment shall be without prejudice
to the validity of anything pieviously done under that rule, notification or
list.

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