The Kerala Parks, Play-fields and Open Spaces (Preservation and Regulation) Act 1968

THE KERALA PARKS, PLAY-FIELDS AND OPEN SPACES (PRESERVA TION
AND REGULATION) ACT, 1968
(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. Role of Government].
13A.[xxxx]
14. Power to make rules.
ACT 2 OF 1969
THE KERALA PARKS, PLAY-FIELDS AND OPEN SPACES (PRESERVA TION
AND REGULATION) ACT, 1968 *
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.—(1) This Act may be called the Kerala
Parks, Play-fields and Open Spaces (Preservation and Regulation) Act, 1968.
(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.
1[(4) It shall apply to every municipality constituted under section 4 of the
Kerala Municipality Act, 1994 (20 of 1994) and every village panchayat constituted
under section 4 of the Kerala Panchayat Raj Act, 1994 (13 of 1994).]
2[(5) xxxx]
2. Definitions.—In this Act, unless the context otherwise requires,—
3[(a) "Executive Authority" means the Secretary of the municipality or the
village panchayat as the case may be;]
4[(aa) "local authority" means the village panchayat constituted under section 4
of the Kerala Panchayat Raj Act, 1994 (13 of 1994) or the municipality constituted
under section 4 of the Kerala Municipality Act, 1994 (20 of 1994);]
(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 a piece of land 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 laid out as a garden with trees, plants or flower-beds or as a
* Received the assent of the Governor on the 18 th  day of January, 1969 and published in the Kerala Gazette
Extraordinary No.17  dated 20 th  January, 1969. 
1 Substituted by Act 16 of 2000. (w.e.f. 12.05.2000)
2 Omitted by Act 16 of 2000 (w.e.f. 12.05.2000)
3 Substituted by Act 16 of 2000. (w.e.f. 12.05.2000)
4 Inserted by Act 16 of 2000. (w.e.f. 12.05.2000)
lawn or as a meadow and maintained 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 force 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.
(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 in 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 (1) and after making such further inquiry as it
thinks fit, approve the list with or without modifications.
(3) The approval of the local authority 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 in 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  1[to the
Appellate Tribunal constituted under section 271S of the Kerala Panchayat Raj Act,
1994].
(5) On such appeal  2[the Appellate Tribunal] shall call for the records of the
case from the local authority and after giving the parties concerned an opportunity of
being heard and if necessary, after making such further inquiry as they may deem fit
revise the list with such modification as may be deemed necessary.
1 Substituted by Act 16 of 2000. (w.e.f. 12.05.2000)
2 Substituted by Act 16 of 2000. (w.e.f. 12.05.2000)
1[(6) The Appellate Tribunal shall cause the list as received under sub-section
(5) to be published in the Gazette.]
5. Variation or revocation of list. —2[(1) The local authority concerned may, at
any time, either suo motu or on the request of any person interested add to, vary or
revoke a list published under section 4 after following the procedure in section 5.]
(2) Before making any such addition, variation or  revocation, the  3[local
authority] 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  4[xxxx] any person interested before
the date so specified.
(3)  The  5[local  authority]  shall  after  considering  the  objections  and
suggestions, if any, received within the period referred to in sub-section (2) publish
the  addition,  variation  or  revocation  in  the  prescribed  manner, and  the  addition,
variation or revocation shall take effect on such publication.
6[(4) The Government shall have power to add to the list only after consulting
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 temporary for a period 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.
1 Substituted by Act 16 of 2000. (w.e.f. 12.05.2000)
2 Substituted by Act 16 of 2000. (w.e.f. 12.05.2000)
3 Substituted by Act 16 of 2000. (w.e.f. 12.05.2000)
4 Omitted by Act 16 of 2000 (w.e.f. 12.05.2000)
5 Substituted by Act 16 of 2000. (w.e.f.12.05.2000)
6 Substituted by Act 16 of 2000. (w.e.f. 12.05.2000)
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 remove or alter any projection or obstruction in or over any such
park or play-field or to execute such repairs to any building in such
park or play-field as the executive authority may consider necessary,
within a date specified in 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 authority shall himself arrange—
(a) to maintain such park or play-field in a clean and proper condition; or
(b) to remove or alter the projection or obstruction; or
(c) to execute such repairs as he may consider necessary, and the cost of
such maintenance, removal, alteration or repairs shall be recoverable 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 recoverable under sub-section (2)
shall be decided by the Government and their 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  or  any  person  or  authority  in  occupation  of  a  play-field
desiring to convert the play -field to any use other 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 or 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 authority shall submit to
the Government in such form and containing such particulars as may be prescribed,
an  annual return  in  respect  of  the  parks, 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 return referred to in sub-section (1) shall also contain a list of the
parks or play-fields in respect of which action was taken under sub-section (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 their 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
authority 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 officer or any other
person acting on behalf of the local authority or the executive authority.
12. Penalties.—Whoever throws any rubbish into any park, play-field or open
space specified in the list published under section 4 or gets over the railings or fence
of any such park, play-field or open space or steals or damages the fruits, plants, grass
or  any other thing  whatsoever therein or  commits any  nuisance  therein shall  be
punishable with imprisonment for a term which may extend to one month or with fine
which may extend to two hundred rupees.
13. 1[Role of Government].—(1) If the Government are satisfied after giving the
executive authority an opportunity 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 under this Act the executive authority is required to execute, the
Government may order the local authority to do all things necessary for enforcing the
provisions of this Act effectively or for executing any work which under this Act the
executive authority is requited to execute.
(2) For the purposes of this section, the Government shall have the same
powers of calling for records, of causing inspection to be made, and of enforcing their
orders by appointing persons to enforce them, as they have under 2[sections 188 and
194 of the Kerala Panchayat Raj Act, 1994 (13 of 1994) or sections 56 and 61 of the
Kerala Municipality Act, 1994 (20 of 1994)].
3[13 A. xxxx]
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 foregoing
power, such rules may provide 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;
1 Substituted by Act 16 of 2000. (w.e.f. 12.05.2000)
2 Substituted by Act 16 of 2000. (w.e.f. 12.05.2000)
3 Omitted by Act 16 of 2000 (w.e.f. 12.05.2000)
(b) restricting or  prohibiting  the admission of  animals or any class of
animals to any park, play-field 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;
(e) removing from any park, play-field or open space any person who is
therein in contravention of any order or direction of the executive authority or any
person authorised under section 11;
(f) any other matter which has to be, or may be, prescribed under this Act.
(3) Every rule made, every notification issued and every list of parks, play-
fields and open spaces published under this Act shall be laid as soon as may be after 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 or list or decides that the rule, notification or list should not be
made, issued or published, the rule, 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 previously done under that rule, notification or list.

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